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| amaana users are required to accept our terms of use: |
These are the terms and conditions ("Terms") under which amaana LLC ("amaana") offers you access to this website (the "Service"), which allows you (the "Sender") to transmit money to a designated recipient (a "Recipient") in other countries (each, a "Destination Country") through an intermediary funds processor (the "Funds Processor"), for disbursement by a disbursement partner (a "Disbursement Partner")
These Terms are effective as of December 31, 2004. amaana may update these Terms from time to time, without notice to you, by posting the updated Terms on this website. Do not access or use the Service if you do not agree to be obligated by the Terms. By accessing and using the Service, you are agreeing to the Terms.
I. OVERVIEW OF SERVICE
Sender initiates a transaction by accessing the Service and entering in required information about the Recipient. Sender pays for the Service using an authorized credit card, debit card, or electronic check (each, a "Payment Method"), but not cash. The Funds Processor then debits the account associated with Senders Payment Method and credits a non-interest bearing bank account in amaanas name as agent for the benefit of Sender. amaana then transmits funds to the appropriate Disbursement Partner in the Destination Country for disbursement to the intended Recipient.
Disbursement Partners will attempt to make funds available to a Recipient within the time frame specified to the Sender, subject to authorization by the Funds Processor, currency availability, and the conditions, laws, and regulations applicable in the Destination Country. Funds transfers that are authorized outside of a Disbursement Partner's business hours may take an additional business day. The availability of funds may be affected by events beyond the control of Providers, such as civil disturbances, weather conditions, delays caused by failures in telecommunications and technological processes, distance from delivery centers to the address and location of Recipient, acts of God or other recognized force majeure.
Funds will not be disbursed to a Recipient unless he or she presents specified information to verify his or her identity, including but not limited to certain forms of valid identification and the applicable amaana transaction number. amaana will notify Sender that delivery to Recipient has been effected.
Sender hereby appoints amaana an agent to facilitate transactions on behalf of Sender in the manner described herein. amaana is not a bank and neither holds nor transfers Senders funds of its own accord. Sender acknowledges that it provides funds for transfer directly through a Funds Processor, and not to or through amaana. Sender acknowledges that amaana relies upon Funds Processors and Disbursement Partners to maintain all necessary licenses and permits required under applicable law.
II. LIMITATIONS OF SERVICE
amaana, Funds Processors, and Disbursement Partners (together, the "Providers") may, in their sole discretion, refuse any transaction or limit the amount to be transferred, either on a per transaction basis or on the basis of the aggregate transferred by any single Sender during a particular period selected. amaana reserves the right at any time and from time to time to modify or discontinue the Service (or any part thereof) with or without notice.
amaana does not permit the Service to be used for the improper, unlawful, or fraudulent transfers of funds ("Unauthorized Transactions"). Unauthorized Transactions include but are not limited to attempts (a) to transfer funds using stolen, unauthorized, or otherwise compromised credit card, check card, debit card, bank account, or Funds Processor account information, (b) to transfer funds using an account with insufficient funds (c) to seek reimbursement of funds that have already been disbursed, (d) to launder funds, (e) to fund certain terrorist organizations or individuals as identified from time to time by the U.S. Treasury Department, and (f) to violate local, state, or federal laws of the United States, laws of the Destination Country, Territory, international laws, or the laws of any other relevant jurisdiction ("Government Regulations"). Providers have no control over, and are not responsible for, the quality, safety, legality, or delivery of goods or services that you pay for using the Service ("Commercial Transactions"). You acknowledge that any use of the Service for Commercial Transactions is at your own risk.
III. FEES
In consideration for the use of the Service, you agree to pay fees for each transaction that you initiate. These fees are shown to you prior to your acceptance of the authorization. Entering Payment Method information constitutes your authorization for Funds Processor to debit the amount you indicate plus the fees described herein.
Some credit card issuers may treat the use of your credit card to use the Service as a "cash advance" rather than a purchase transaction and may impose additional fees and interest rates for the transaction. These fees are imposed by your credit card issuer, not by amaana. You can avoid most cash advance fees by paying with an eCheck or debit card. Contact your credit card issuer for more information.
IV. EXCHANGE RATE
The exchange rate and the corresponding amount of local currency to be delivered to Recipient will be indicated on accompanying parts of the website prior to Sender's authorization of payment. The exchange rate is set by amaana but may fluctuate until the Sender authorizes payment. AMAANA MAY MAKE MONEY WHEN FUNDS ARE CONVERTED TO A FOREIGN CURRENCY FOR DISBURSEMENT.
V. CANCELLATION AND REFUNDS
amaana may cancel and refund a transaction upon written request if funds have not already been authorized for disbursement at the time the request is processed (not received) by amaana. Cancellation requests must include the following information: (a) Sender's full name, address, and phone number, (b) Recipient's full name, address, and phone number, (c) the date of the request, (d) the location to which funds were to be disbursed, and (e) the dollar amount of the transaction.
Refunds will only be made to the Sender in the principal amount of the funds to be disbursed (not including amaana fees), and will always be made in the same form of payment originally made. Refunds will only be made in U.S. dollars at the prevailing exchange rate at the time of the refund. As such, the refunded amount may be less than the original amount of the transaction. Under no circumstance will refunds be made if funds have already been disbursed.
For transactions originating in California for transmission to foreign countries, the following refund provision applies:
You, the customer, are entitled to a refund of the money to be transmitted as the result of this agreement if amaana or its Disbursement Partner does not forward the funds received from you within 10 days of the date of its receipt, or does not give instructions committing an equivalent amount of funds to the person designated by you within 10 days of the date of the receipt of the funds from you unless otherwise instructed by you.
If your instructions as to when the funds shall be forwarded or transmitted are not complied with and the funds have not yet been forwarded or transmitted you have a right to a refund.
If you want a refund, you must fax your written request to amaana at 650-331-0616; or mail it to amaana LLC, attn: Customer Service, 861 University Avenue, Suite 6, Palo Alto, CA 94301. If you do not receive your refund, you may be entitled to your money back plus a penalty of up to $1,000 and attorney's fees pursuant to Section 1810.5 of the California Financial Code.
VI. THIRD PARTIES
amaana is not responsible in any way for the actions or performance (or lack thereof) of Funds Processors, Disbursement Partners, or any third party who renders services in connection with the ones provided by amaana hereunder (collectively, the "Third Parties"). Accordingly, users are subject to the terms of use of the Third Parties. These Terms shall not in any way supersede the terms of service of any Third Party, nor shall the terms of service of any Third party supersede the terms of this Terms.
VII. PRIVACY/COLLECTION OF INFORMATION
Sender will be required to provide certain information to allow Providers to, among other things, verify Sender's identity, ascertain accurately the identity and location of Recipient, obtain the appropriate Payment Method authorization, and to comply with all Government Regulations.
amaana does not disclose nonpublic personal information about its clients to anyone for the purpose of marketing or soliciting products or services other than its own. amaana may disclose some or all of the nonpublic personal information described above to independent contractors and service providers for the purposes of processing requested transactions or to perform marketing and similar services on its behalf with respect to its products and services.
VIII. INDEMNITY
You agree to indemnify and hold Providers, and their respective subsidiaries, Disbursement Partners, officers, agents, co-branders or other partners, and employees, 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 Terms, or your violation of any rights of another.
IX. COMMERCIAL USE OF AMAANA SERVICE
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service, other than as provided within the scope of the Service.
X. AMAANA'S INTELLECTUAL PROPERTY
You acknowledge that the Service, including but not limited to the content of this website, text, graphics, links, buttons, logos, and images, as well as all other amaana copyrights, trademarks, service marks, logos, and product and service names are owned exclusively by amaana (the "amaana Intellectual Property"). You agree not to display, use, copy, or modify the amaana Intellectual Property in any manner. You are authorized solely to view and retain a copy of the pages of this website for your own personal, non-commercial use. You further agree not to: (i) use any robot, spider, scraper or other automated device to access the Service; or (ii) remove or alter any author, trademark or other proprietary notice or legend displayed on this website (or printed pages thereof).
XI. WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT (a) AMAANA EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT; (b) AMAANA MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED; (c) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL; AND (d) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM AMAANA OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
XII. LIMITATION OF LIABILITY
EXCEPT FOR YOUR RIGHT TO A REFUND AS DECRIBED IN SECTION V, ABOVE, YOU EXPRESSLY UNDERSTAND AND AGREE THAT AMAANA, DISBURSEMENT PARTNERS AND/OR THE FUNDS PROCESOR SHALL NOT 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 AMAANA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) DELAY, NONPAYMENT, OR UNDERPAYMENT OF ANY MONEY TRANSFER, (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, INCLUDING A BREACH OF AMAANA'S SECURITY; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ABOUT THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
XIII. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES. ACCORDINGLY, SOME OF THE LIMITATIONS OF THE TERMS MAY NOT APPLY TO YOU.
XIV. DISPUTE RESOLUTION
PLEASE READ THIS SECTION CAREFULLY. IT PROVIDES THAT EITHER YOU OR WE CAN REQUIRE THAT ANY CONTROVERSY OR DISPUTE BE RESOLVED BY BINDING ARBITRATION. ARBITRATION REPLACES THE RIGHT TO GO TO COURT, INCLUDING THE RIGHT TO A JURY AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION OR SIMILAR PROCEEDING. IN ARBITRATION, A DISPUTE IS RESOLVED BY A NEUTRAL ARBITRATOR INSTEAD OF A JUDGE OR JURY. ARBITRATION PROCEDURES ARE SIMPLER AND MORE LIMITED THAN RULES APPLICABLE IN COURT. THE DECISION OF THE ARBITRATOR IS FINAL AND BINDING.
Any controversy, dispute or claim arising out of or relating to the Terms, the Service, or any other services provided to you by amaana or Third Parties, shall be settled by binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (available at www.adr.org) and, as the parties acknowledge and agree that this arbitration agreement is made pursuant to a transaction involving interstate commerce, it shall be governed by the Federal Arbitration Act, as incorporated in Title 9 of the United States Code. The arbitrator, in his discretion, shall have the right to award reasonable costs and attorneys' fees to the prevailing party. These Terms shall be governed according to the laws of the State of California.
Disputes include not only claims made directly by you, but also made by anyone connected with you or claiming through you, such as a Recipient. Disputes include not only claims that relate directly to amaana, but also its, Disbursement Partners, successors, assignees, employees, and agents, and claims for which we may be directly or indirectly liable, even if we are not properly named at the time the claim is made. Disputes include claims based on any theory of law, contract, statute, regulation, tort (including fraud or any intentional tort), or any other legal or equitable ground, and include claims asserted as counterclaims, cross-claims, third-party claims, interpleaders or otherwise. Disputes include claims made as part of a class action or other representative action, it being expressly understood and agreed to that the arbitration of such claims must proceed on an individual (non-class, non-representative) basis. Disputes also include claims relating to the enforceability or interpretation of any of these arbitration provisions.
If we initiate the arbitration, we may serve you at the last known physical or email address on file with us. The arbitration shall be conducted in Palo Alto, California, and judgment on the arbitration award may be entered in any court having jurisdiction thereof. However, you and amaana agree to submit to the personal jurisdiction of the courts located within the county of San Mateo, California. Either you or amaana may seek any interim or preliminary relief from a court of competent jurisdiction in San Mateo, California necessary to protect the rights or property of you or amaana (or its agents, suppliers, and subcontractors) pending the completion of arbitration. If any portion of this section is deemed invalid or unenforceable, it shall not invalidate the remaining portions of this section.
THE PARTIES ACKNOWLEDGE AND AGREE THAT, EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION, THEY ARE WAIVING ALL RIGHTS TO A TRIAL BY COURT OR JURY AS A MEANS OF RESOLVING ANY DISPUTES ARISING OUT OF OR RELATING TO THEIR USE OF AMAANA'S SERVICES.
XV. AGREEMENT FOR USE OF ELECTRONIC SIGNATURE
You agree that Providers may provide you with all disclosures, notices, and communications ("Communications") solely in electronic form. Providers reserve the right to provide Communications in paper form at any time though they are under no obligation to do so. All Communications, whether in electronic or paper form, will be considered "in writing" for the purposes of applicable law. If you do not want to receive Communications in an electronic form, you may not use the Service.
Hardware and software requirements for the Service include the ability to access our site via the Internet. If a change in hardware or software is necessary, you will be notified electronically.
XVI. GENERAL INFORMATION
The Terms constitutes the entire agreement between you and amaana, and governs your use of the Service, superseding any prior agreements between you and amaana. You also may be subject to additional terms and conditions of Third Parties.
The failure of amaana to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms 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 Terms as reflected in the provision, and the other provisions of the Terms shall remain in full force and effect.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
XVII. COMMENTS/QUESTIONS
For questions or requests for further information, amaana can be contacted online at www.amaana.com.
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