USER AGREEMENT

1. Introduction

This agreement (the “User Agreement”) is between you (the “User”) and SendFriend, Inc. (“SendFriend“). This User Agreement governs the terms under which you may use SendFriend’s services (the “Service”), and access and use SendFriend websites (for purposes of this User Agreement, “websites” includes our desktop website, our mobile websites, and our mobile applications) and the services associated with it. Do not access or use the Service or the websites if you do not agree to be bound by the User Agreement. By accessing and using the Service or the websites, you are agreeing to the User Agreement and that all activities performed in connection with the Service or the websites shall be deemed to have been performed in your country of residence.

 

As used throughout this User Agreement, the terms “we“, “us“, and “our” refer to SendFriend, together with its employees, consultants, directors, successors, subsidiaries, affiliates, and assignees. The terms “you” and “your” refer to Users, whether in their capacity as Senders, Recipients, Beneficiaries, or visitors to our websites.

 

 

2. CONSUMER FRAUD ALERT: PROTECT YOURSELF FROM SCAMS AND FRAUD

The Service is a secure and convenient way to send money to family members and other people that you trust. However, scams and fraudsters are abundant, and you should be cautious of deals or offers that seem too good to be true. We urge you not to send money to anyone that you do not know personally. Take care to safeguard your password, do not send or request for others, and use SendFriend for legal purposes only.

 

Please let us know immediately if you believe someone is trying to scam or defraud you or if your username or password have been lost or stolen by telephone. Click here for how to contact Customer Service at info@sendfriend.io.

 

 

3. Security

Your security and the safety of your account are a top priority and we work hard to make sure that your information is protected. If you feel that your information has been stolen or you may be a victim of fraud, or aware of anyone or any entity using the service inappropriately, please contact us at info@sendfriend.io .

 

Please be aware that SendFriend will never ask for your account password. If you receive any fake (i.e., phishing) e-mails claiming to be from SendFriend, please forward them to us at info@sendfriend.io.

PART A: GENERAL SERVICE TERMS

  1. Overview of the Service
    1. The Service is intended to allow our customers to send or request money remittances, from the United States to the Philippines. We recommend that you use the Service only to send money to people you know personally, such as family and friends. You should never use the Service to send requests or money to strangers.
    2. Where required by law, SendFriend is a licensed provider of money remittance services and all money transmission is provided by SendFriend.
    3. A “Sender” is someone who uses the Service to send money. A “Recipient” is an individual who sends a money remittance request to a Sender or receives money from a Sender through the Service. The “Recipient Country” is the country in which the Recipient receives money through the Service. A “Transaction” is a specific instruction to send money through the Service for a remittance. The “Transaction Amount” is the amount that the Sender provides to us to send the Transaction, excluding the Transaction Fee (as defined in “Payment” below). The “Payout Amount” is the amount paid out to the Recipient, excluding any taxes or charges that may be levied under the laws of the Recipient Country (the “Local Taxes“). All Transaction Fees (defined herein) related to the Service are made free and clear of, and without any deduction or withholding for and on account of, any taxes, duties or other deductions. Any such deduction or withholding, if required by the laws of any country are your sole responsibility.
  2. Accessing the service
    1. Eligible Users. In order to access or use the Service as a Sender, you must be (i) at least eighteen (18) years old or the age of majority in your country, and (ii) able to form legally binding contracts. Please go to “Part B. Country Specific Provisions” for further information about age of majority. Other restrictions may apply.
    2. Mobile Services. The Service is also accessible via a mobile device. If you access the service through a mobile device, your wireless service carrier’s standard charges, data rates and other fees may apply.
    3. Requests. If you use the Services to request money, you consent to SendFriend sharing the information you provide with your Sender as necessary to provide the Service. You further confirm that your Sender is personally known to you and that you are allowed to share your Sender’s email address with SendFriend to provide the Service.
    4. Not Available to Certain Users. The Service may not be available in whole or in part in different countries and jurisdictions as determined by local laws and regulations or if we reasonably determine that providing the Service in a particular country or jurisdiction presents an unacceptable level of risk to us, our users or our systems.
    5. Not Available for Certain Transactions. We may, at any time and in our sole discretion, refuse any Transaction. This may include Transactions from certain Senders or to certain Recipients, including without limitation, entities and individuals that are included on the Specially Designated Nationals list, Non-cooperative Countries and Territories list, United Nations Security Council Sanctions List, and such other lists as may be issued from time to time by government agencies. We may also, at any time and in our sole discretion, limit the amount to be transferred on a per Transaction basis or an aggregated basis without prior notice. Any such limits may be imposed on individual accounts or on related accounts or households. We may reject or limit Transactions based on violations of this User Agreement, local laws and regulations or if we reasonably determine processing a Transaction presents an unacceptable level of risk to us, our users or our systems.
  3. Payment
    1. Charges. For each Transaction that you submit, you agree to pay us a transaction fee (the “Transaction Fee“), if applicable, plus the Transaction Amount.
    2. Foreign Currency Exchange Rate. We and our Service Providers (defined below) usually make money when you pay for a Transaction in one currency and the Transaction is paid out in another currency. We may make money based on the difference between the exchange rate at which we buy foreign currency and the exchange rate provided to you.
    3. Local Taxes. Local Taxes may be applicable. If applicable, they will be disclosed to you in the Service prior to you authorizing a Transaction.
    4. Other Charges. We are not responsible for any fees or charges that may be imposed by the financial institutions associated with your Payment Instruments. For example (without limitation), your credit card issuer may charge you a cash advance fee and interest if you use a credit card as a Payment Instrument. We are not responsible for any such fees, nor are we responsible for non-sufficient funds charges, chargeback fees, or other similar charges that might be imposed on you by your bank, credit or debit card issuer, or other provider in connection with your use of the Service. If you submit a Transaction that results in us being charged non-sufficient fund fees, chargeback fees, or other similar fees, you agree to reimburse us for all such fees.
    5. Payment. Payment is due at the time your Transaction is submitted for processing although we may choose not to debit your Payment Instrument immediately. In order for us to collect payment from you and complete your Transaction, you authorize us to access, charge, electronically transfer, or debit funds from any of the payment instruments you provide us in connection with your use of the Service (each, a “Payment Instrument“) including, for example, your credit card, debit card, bank account or SendFriend promotion balance. Not all Payment Instruments are available to all customers at all times. We may, in our sole discretion, refuse Transactions funded from certain Payment Instruments. You will not be able to cancel the electronic transfer once SendFriend initiates the transfer from your account which may be after your Payout Amount has been received by your Recipient or Service Company. You authorize us to re-try debiting your Payment Instrument or a different Payment Instrument one or more times if your payment fails or is insufficient. For example, if there are insufficient funds in your bank account at the time you submit your Transaction, we may try to debit your bank account or charge your credit card if you provide it as a different Payment Instrument at a later time. You confirm that you are the lawful owner of your Payment Instrument(s).
    6. For certain Transactions, your Recipient may receive the transferred funds before your Payment Instrument is debited the Transaction Amount, the Transaction Fee, or any other applicable fees.
    7. Verification. You agree we may verify your Payment Instrument in connection with a Transaction. For example, you agree we may from time to time credit your bank account, as part of our effort to confirm ownership of the account. You agree that such requests constitute your authorization to SendFriend to make the transfers.
  4. Transaction pay outs
    1. Service Providers. We work with local banks, money exchange houses, and other third-party service providers (each, a “Service Provider“) to pay funds out to Recipients. We attempt to provide up-to-date information on our websites regarding the location, availability, and hours of our Service Providers. However, you should directly confirm hours of operation and location with the Service Provider.
    2. Verification. Recipients may be required to prove their identity before receiving funds by presenting authentic, valid, and current identification document(s) from a list of acceptable forms of identification. In addition, Recipients may be required to provide a Transaction number and/or another, similar identifier associated with their Transaction. You give us permission to contact your Recipient and store all such data, as necessary to provide the Service. Please verify account information and bank details are correct prior to submitting your Transaction because we are not responsible for detecting inaccuracies. If account information and bank details are incorrect, money may be sent to the wrong bank account and may not be recovered.
    3. Deposits to Bank Accounts. If you choose to send a Transaction to a Recipient’s bank account, you confirm the Recipient’s bank account is denominated in the same currency as the Transaction (e.g., if your Transaction calls for us to deposit pesos into the Recipient’s bank account, then you confirm that the Recipient’s bank account is denominated in Philippine pesos).
  5. Restrictions
    1. General. We reserve the right at any time, and from time to time, to modify or discontinue the Service (or any part thereof) with or without notice.
    2. Delays or Cancellations. Your Transaction may be delayed or cancelled at any time prior to completion without prior notice. We may delay or cancel your Transaction for reasons that include, but are not limited to: identity verification; validation of your Transaction instructions and Payment Instruments; anti-fraud and anti-money laundering compliance review; contacting and locating you, your Sender, or your Recipient; and to comply with applicable law. Business hours, systems availability and currency availability of our Service Providers may also cause delays. Nevertheless, you may be entitled to a refund in certain circumstances, as described below.
    3. Commercial Transactions. You agree that you will only use the Service to send requests or send money to people for personal reasons. If we reasonably suspect or discover you are using the Service to request or send Transactions from, to or on behalf of a business or other non-human entity, we may, in our sole discretion, cancel your Transaction(s) and close your account and/or the accounts of your Sender or Recipient. You acknowledge that SendFriend is not liable for your use of the Service for commercial purposes, including all risks associated with the purchase of goods or payment for services of any kind, such as (but not limited to) losses you suffer for undelivered or defective goods and services you pay for using the Service.
    4. Prohibited Transactions. You may not use the Service in violation of this User Agreement or applicable laws, rules or regulations. It is a violation of this User Agreement to use the Service for any of the following activities (without limitation): sexually-oriented materials or services; gambling activities; fraud; money-laundering; funding terrorist organizations; purchase or sale of tobacco, firearms, prescription drugs, or other controlled substances; or sending money to a Recipient that has violated the User Agreement. If you use the Service in connection with illegal conduct, we reserve the right to report you to the appropriate law enforcement agency or agencies. We may, in our sole discretion, cancel any Transaction and close any account that we suspect is being utilized for any purpose prohibited by this User Agreement. You acknowledge that SendFriend is not liable for your use of the Service in violation of this User Agreement.
    5. Others. You may not request, submit or receive a Transaction (i) on behalf of any other person, or (ii) on behalf of a charitable organization without SendFriend’s express consent. We may, at any time and in our sole discretion, close multiple accounts held by an individual, persons related to the individual or persons living in the same household as the individual.
    6. Restricted Activities. If you use or interact with the Service, you will not:
      1. Breach or violate any restrictions in this User Agreement, or any other agreement between you and SendFriend;
      2. Open more than one account;
      3. Provide false, inaccurate, or misleading information;
      4. Refuse to cooperate in an investigation or provide confirmation of your identity or any information you provide to us;
      5. Use an anonymizing proxy;
      6. Provide yourself a cash advance from your credit card (or help others to do so); or
      7. Share Transaction numbers or information with anyone except your Recipient, and you will advise your Sender or Recipient not to share Transaction numbers or information.
    7. Electronic communications
      You acknowledge that this User Agreement shall be entered into electronically. Unless otherwise required by applicable law, the following categories of information (“Communications“) will only be provided by electronic means and not in paper format or through other non-electronic means: (i) this User Agreement and our Privacy Policy and any amendments, modifications or supplements to them; (ii) your records of Transactions through the Service; (iii) any initial, periodic or other disclosures or notices provided in connection with the Service, including without limitation those required by applicable law; (iv) any customer service communications, including without limitation communications with respect to claims of error or unauthorized use of the Service; and (v) any other communication or agreement related to SendFriend or the Service.

      You may withdraw your consent to receive all Communications electronically by clicking here for Customer Service. If you do, your use of the Service shall be terminated unless you are entitled by applicable law to receive non-electronic Communications. In order to access and retain Communications, you must have: (i) an Internet browser that is JavaScript enabled, and supports 128-bit encryption and the acceptance of first party cookies, (ii) an e-mail account and the capability to read e-mail.
    8. Communications between you and us
      If you provide us your phone number, you agree that we may contact you at that number using autodialed or prerecorded calls or text messages, as applicable, to: (i) service your SendFriend account, (ii) investigate or prevent fraud, or (iii) collect a debt. We will not use autodialed or prerecorded calls or texts to contact you for marketing purposes unless we receive your prior express written consent. We may share your mobile phone number with service providers with whom we contract to assist us with the activities listed above, but we will not share your mobile phone number with third parties for their own purposes without your consent. You do not have to agree to receive autodialed or prerecorded calls or texts to your mobile phone number in order to use and enjoy SendFriend. Please click here for Customer Service to decline receiving autodialed or prerecorded calls or texts to your phone number. Standard telephone minute and text charges may apply.
  6. Collection of information
    1. Privacy Policy. By agreeing to this User Agreement, you acknowledge you have read our Privacy Policy.
      Inspectlet Services. You acknowledge and understand that the Service has implemented Inspectlet service onto our websites as a tool to help detect and prevent potentially illegal acts and violations of our policies. You further acknowledge that your use of the Service and our websites includes your use of the Inspectlet, which is subject to the Inspectlet Privacy Policy and Terms of Use.
    2. In addition, SendFriend makes use of other tracking and analytics software that may collect information from you as further described in our Privacy Policy.
  7. Intellectual property
    1. You acknowledge that SendFriend exclusively owns the Service, including but not limited to the content of our websites, text, graphics, links, buttons, logos, and images, as well as all other patents, copyrights, trademarks, trade secrepats, service marks, logos, and product and service names (the “Intellectual Property“). You agree not to display, use, copy, or modify the Intellectual Property in any manner. You are authorized solely to view and retain a copy of the pages of our websites for your own personal, non-commercial use. You further agree not to: (i) engage in or use any automated devices, data mining, robots, scraping or similar data gathering or extraction methods to access or use the Service; (ii) modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Service, in whole or in part, except that the foregoing does not apply to the information that you legally upload to the Service; (iii) remove or alter any author, trademark or other proprietary notice or legend displayed on our websites (or printed pages thereof); or (iv) infringe SendFriend’s or any third party’s copyright, patent, trademark, trade secret or other intellectual property rights, or rights of publicity or privacy.
    2. The technology and software underlying the Service or distributed in connection therewith are the property of SendFriend, its affiliates and Service Providers, as applicable (the “Software“). Subject to the terms and conditions of this User Agreement, SendFriend hereby grants you a non-transferable, non-sublicensable, and non-exclusive right and license to use the object code of any Software on your device(s) solely in connection with the Service, provided that you agree not to copy (except as expressly provided in this User Agreement), modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted in this User Agreement are reserved by SendFriend.
      SENDFRIEND; SENDFRIEND.IO STYLIZED, SENDFRIEND STYLIZED are trademarks or [registered trademarks of SendFriend in the United States and/or other countries.
  8. Disclaimer of warranties
    THE SERVICE AND SOFTWARE, IF APPLICABLE, IS PROVIDED “AS IS” AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. SENDFRIEND, ITS SUBSIDIARIES, AFFILIATES, EMPLOYEES, SUPPLIERS, VENDORS, AND SERVICE PROVIDERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
    Some jurisdictions do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. Notwithstanding the foregoing, you may have a right to a refund as expressly described in this User Agreement.
  9. Indemnity
    You agree to indemnify and hold SendFriend, its suppliers, vendors, Service Providers and their respective subsidiaries, affiliates, officers, directors, agents, partners, employees, and consultants harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Service, your connection to the Service, your violation of the User Agreement or any law, or your violation of any rights of a third party.
  10. Refunds
    To request a refund, please click here for Customer Service. We will refund your money within five (5) business days of your request to cancel a transfer as long as the funds have not already been picked up or deposited into a Recipient’s account and we are able to reverse the transaction. You can cancel your Transaction for a full refund within 30 minutes of authorizing your Transaction, unless the funds have already been paid out to the Recipient or Service Company. After 30 minutes, we generally do not provide refunds unless we did not process your Transaction according to your instructions or we are unable to pay out the Transaction. If the requested refund is with respect to erroneous transaction, after due investigation SendFriend will refund the principal to the extent possible, but not the charged fee. If promotional value was used the refund will be made solely to the SendFriend promotional balance.
    We will make every effort not to debit your Payment Instrument after we have received your request for cancellation. However, in some cases, we may have initiated an irreversible request for funds from your financial institution prior to receiving your request for cancellation. In such cases, your Payment Instrument may be debited even if you have cancelled your Transaction but we will refund your money usually within four (4) business days after we have received the funds from your financial institution.

    Refunds will be credited to the same Payment Instrument used to pay for the Transaction. Refunds are only made in same currency used to pay for the Transaction (“Send Currency”). Refund amounts will not be adjusted to account for changes in the value of the Send Currency from the time your Transaction was submitted.

    Notwithstanding the foregoing, specific refund provisions may apply depending on your country or state of residence. Please go to Part B. Country Specific Provisions for further information.
  11. Refer a Friend Program
    The following terms and conditions apply to all participants (“Participants”) in Refer a Friend Program (the “Referral Program“) or any other Promotional Programs that SendFriend may “Promotional Program”).

    1. Participation in a Referral Program
      As an individual participating in the Referral Program, you agree to promote the Services and the Referral Program in the manner specified herein, thereby acting as the Referrer (“Referrer“). If you do not agree to the terms and conditions of the Referral Program in their entirety, you are not authorized to register as a Referrer or to participate in the Referral Program in any manner. You agree that SendFriend, and any third parties participating in the Referral Program or assisting with processing the Referral Program may share your personal information with one another, as necessary to conduct the Referral Program, and that SendFriend and such third parties may send you communications only directly related to the Referral Program unless they agree to other communications.
    2. PAYMENT AND QUALIFICATION FOR VALID REFERRALS
      Both Referrer and the individual who was referred (“Referee“) shall receive one reward in an amount as determined by SendFriend from time to time (“Reward“) for each Referee to SendFriend who meets all the following conditions (“Valid Referral“):

      1. Referee and Referrer must reside in different households;
      2. Referee registers with the SendFriend.io website, 3rd party service provider or mobile app;
      3. Referee accesses the SendFriend.io website or mobile app directly from Referrer’s referral method, (e.g., clicking on a link) and completes the initial registration and initial money transfer without (1) clearing the cookies on Referee’s computer, (2) without closing the SendFriend.io website and later returning to the SendFriend.io website, and (3) without clicking on any other SendFriend.io links;
      4. Referee successfully uses the SendFriend.io website to perform Transactions to a person other than the Referrer in a manner that is compliant with referral program and the User Agreement found here; and
      5. Referee’s Transaction is not canceled (either by Referee or by SendFriend).
      6. Subsequent registrations and/or money transfers with the SendFriend.io website by the Referee do not qualify as Valid Referrals. Subsequent Transactions by the Referee after his or her first successful Transaction do not qualify as Valid Referrals. SendFriend reserves the right to void any referral that appears to be fraudulent or appears to have been created as a result of a fraudulent Transaction.
    3. EXPIRATION AND DELIVERY OF REWARDS
      The Rewards will expire after 12 months of account inactivity, subject to applicable law. The Referral Program cannot be used for business gifting purposes or lead generation, or for any other commercial purpose, other than previously approved by SendFriend or as determined by SendFriend in its sole and absolute discretion. SendFriend does not guarantee delivery time on any Rewards earned, nor does it guarantee receipt of any Rewards.
    4. BULK DISTRIBUTION
      If a Referrer provides a unique referral link to another person by email, the email must be created and distributed in a personal manner that is appropriate and customary for communications with friends, family members, or persons with whom the Referrer has a prior relationship. Bulk email distribution, distribution to strangers, or any other promotion of a unique referral link in a manner that would constitute or appear to constitute unsolicited commercial email or “spam” under any applicable law or regulation or other distribution of a unique referral link through channels other than personal email, Twitter or Facebook is expressly prohibited and will be grounds for immediate termination of the Referrer account and deactivation of the unique referral link.
    5. OTHER TERMS AND CONDITIONS
      1. SendFriend reserves the right to amend or terminate the Referral Program at any time without notice. SendFriend expressly reserves the right to close the account(s) of any Referrer and/or friend, and to request proper payment if the Referrer and/or friend attempts to use the Referral Program in a questionable manner or referral link in breach of these terms and conditions or in violation of any law, statute or governmental regulation.
      2. Users may not participate in the Referral Program where doing so would be prohibited by any applicable law, statute or regulations. All information collected from a user in the Referral Program shall be subject to the Privacy Policy.
    6. PROMOTIONAL PROGRAMS
      SendFriend may from time to time offer you the opportunity to participate in promotional programs. Participation in these promotional programs is optional, and to participate, you may be required to agree to additional terms and conditions.
  12. Miscellaneous
    1. General. Please let us know if you have any problems with the Service. Please click here for Customer Service.
    2. Customer Updates. You must promptly update us with any change in your e-mail address and telephone number by updating your profile on our websites. If we do not have correct contact information, we may not be able to notify you with important information or changes in your Transaction status.
    3. Licenses. Our licenses to operate our business can be found by clicking here.
    4. Entire Agreement. The User Agreement constitutes the entire agreement between you and SendFriend relating to the Service and governs your use of the Service, superseding any prior agreements between you and SendFriend or any other party in connection with the Service.
    5. Changes to Country of Residence. If your country of residence changes, you may be required to accept the User Agreement again but for your new country of residence. The User Agreement you accepted for your prior country of residence will not apply to Transactions made from the new country of residence.
    6. No Waiver. SendFriend’s failure to exercise or enforce any right or provision of the User Agreement shall not constitute a waiver of such right or provision and shall not guarantee that SendFriend will repeat any such actions in the future. If any provision of the User Agreement is found by an arbitrator or court of competent jurisdiction to be invalid, the parties nevertheless agree that the arbitrator or court should endeavor to give appropriately valid effect to the intention of the User Agreement as reflected in the provision, and the other provisions of the User Agreement shall remain in full force and effect.
    7. Modification. We may modify this User Agreement from time to time without notice to you, except as may be required by law. You can review the most current version of the User Agreement at any time by reviewing our websites. You may terminate your use of the Service if you do not agree with any modification or amendment. If you use the Service after the effective date of an amendment or modification, you shall be deemed to have accepted that amendment or modification. You agree that you shall not modify this User Agreement and acknowledge that any attempts by you to modify this User Agreement shall be void.
    8. Language. This Agreement is concluded in English only and we may provide translations into additional languages for your convenience. In the event there is any inconsistency between the English version or other language text on our websites, including the User Agreement, the English text shall be binding.
    9. Special Notice for International Use; Export Controls. Software available in connection with the Service and the transmission of applicable data, if any, may be subject to export controls in your country of residence. No Software may be downloaded from the Service or otherwise exported or re-exported in violation of your country of residence’s export laws. Downloading or using the Software is at your sole risk. Recognizing the global nature of the Internet, you agree to comply with all local rules and laws regarding your use of the Service, including as it concerns online conduct and acceptable content.
    10. Contact information Questions, notifications, and requests for refunds or further information can be sent to us using the Customer Service contact information here.

PART B: COUNTRY SPECIFIC PROVISIONS

  1. United States
    If your country of residence is in the United States at the time you send a Transaction, the following provisions shall apply to you:

    1. Errors and Unauthorized Transactions
      You have a right to dispute errors in your Transaction. If you think there is an error or that you have not authorized your Transaction, you must contact us within 180 days of the date we promised to you that funds would be made available to the recipient. When you do, please tell us:

      1. Your name, email address and address or telephone number;
      2. The error or problem with the transfer, and why you believe it is an error or problem;
      3. The name of the person receiving the funds, and if you know it, his or her telephone number or address;
      4. The amount of the transfer; and
      5. The transaction number.
    2. We will determine whether an error occurred within 90 days after you contact us and we will correct any error promptly. We will tell you the results within three business days after completing our investigation. If we decide that there was no error, we will send you a written explanation. You may ask for copies of any documents we used in our investigation or for more details about your investigation.
    3. Limitations of Liability
      EXCEPT AS SET FORTH BELOW, IN NO EVENT SHALL SENDFRIEND, ITS SUPPLIERS, VENDORS, SERVICE PROVIDERS, OR THEIR RESPECTIVE SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, AGENTS, PARTNERS, EMPLOYEES OR CONSULTANTS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SENDFRIEND HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM NEGLIGENCE ON THE PART OF SENDFRIEND, ITS SUPPLIERS, VENDORS, SERVICE PROVIDERS, SERVICE COMPANIES, OR THEIR RESPECTIVE SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, AGENTS, PARTNERS, EMPLOYEES OR CONSULTANTS.
      Notwithstanding the foregoing:
      California residents: the above does not apply to claims under Section 2102 of the California Financial Code arising from Transactions originating in California.
    4. United States Disputes
      If a dispute arises between you and SendFriend, our goal is to learn about and address your concerns. If we are unable to address your concerns to your satisfaction, we will seek to provide you with a neutral and cost-effective means of resolving the dispute quickly. Disputes between you and Company regarding the Service may be reported to Customer Service. Please click here for Customer Service.
      A party requesting relief may elect to resolve a claim (excluding claims for injunctive or other equitable relief) in a cost-effective manner through binding non-appearance-based arbitration if the total amount of the award sought is less than $10,000.00 USD.
      A party electing arbitration will do so through an established alternative dispute resolution (“ADR“) provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: (i) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, with the specific manner to be chosen by the party initiating the arbitration; (ii) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (iii) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
    5. Governing law and jurisdiction
      This User Agreement shall be governed by the laws of the State of New Jersey. Any controversy, dispute, or claim arising out of or relating to the Service or User Agreement (a “Claim“) shall be governed by and construed in accordance with the laws of the State of New Jersey, except that body of law governing conflicts of law and except as otherwise provided in this User Agreement.
      Except as otherwise agreed by the parties or as described in “United States Disputes”, you agree to irrevocably submit to the nonexclusive jurisdiction of the courts of Delaware for the purpose of any suit, action or other proceeding arising out of these User Agreement or your use of our websites or the Services.
  2. Philippines
    If your country of residence is in the Philippines at the time you send a Transaction, the following provisions shall apply to you:

    1. Errors and Unauthorized Transactions
      You have a right to dispute errors in your Transaction. If you think there is an error or that you have not authorized your Transaction, you must contact us within 180 days of the date we promised to you that funds would be made available to the recipient. When you do, please tell us:

      1. Your name and address or telephone number;
      2. The error or problem with the transfer, and why you believe it is an error or problem;
      3. The name of the person receiving the funds, and if you know it, his or her telephone number or address;
      4. The amount of the transfer; and
      5. The transaction number.
    2. We will determine whether an error occurred within 90 days after you contact us and we will correct any error promptly. We will tell you the results within three business days after completing our investigation. If we decide that there was no error, we will send you a written explanation. You may ask for copies of any documents we used in our investigation or for more details about your investigation.
    3. Limitations of Liability
      EXCEPT AS SET FORTH BELOW, IN NO EVENT SHALL SENDFRIEND, ITS SUPPLIERS, VENDORS, SERVICE PROVIDERS, SERVICE COMPANIES, OR THEIR RESPECTIVE SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, AGENTS, PARTNERS, EMPLOYEES OR CONSULTANTS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SENDFRIEND HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM NEGLIGENCE ON THE PART OF SENDFRIEND, ITS SUPPLIERS, VENDORS, SERVICE PROVIDERS, SERVICE COMPANIES, OR THEIR RESPECTIVE SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, AGENTS, PARTNERS, EMPLOYEES OR CONSULTANTS
    4. Philippines Disputes
      If a dispute arises between you and SendFriend, our goal is to learn about and address your concerns. If we are unable to address your concerns to your satisfaction, we will seek to provide you with a neutral and cost-effective means of resolving the dispute quickly. Disputes between you and Company regarding the Service may be reported to Customer Service. Please click here for Customer Service.
    5. Governing Law and Jurisdiction
      This User Agreement shall be governed by the laws of the State of New Jersey.  Any controversy, dispute, or claim arising out of or relating to the Service or User Agreement (a “Claim”) shall be governed by and construed in accordance with the laws of the State of New Jersey, except that body of law governing conflicts of law and except as otherwise provided in this User Agreement.

Except as otherwise agreed by the parties or as described in “United States Disputes”, you agree to irrevocably submit to the nonexclusive jurisdiction of the courts of Delaware for the purpose of any suit, action or other proceeding arising out of these User Agreement or your use of our websites or the Services.