The MoneyGram® online money transfer service ("Service") is provided in Australia by MoneyGram Payment Systems, Inc. ("we" or "us"). These Terms and Conditions, along with the terms in your online form constitute the entire agreement ("Agreement") between us and you, the individual sender of the Service ("you" or "your") and govern your use of the Service.
This Service allows you to send an online money transfer (a "Transfer") to a person designated by you (the "Recipient") to (i) collect in cash at a MoneyGram location ("online to cash"); or (ii) receive into a bank account or other type of account which we may allow ("online to account"); or (iii) have the money delivered to a nominated address ("home delivery"). We may apply limits to the amount you are able to send using the Service, and we'll tell you if we do.
Use of the Service is subject to payment of the fee stated on the online form ("Fee"). We will not charge you any other fee for the Transfer. Please note that in addition to the Fee, a currency exchange rate may also be applied.
We do not offer our services in all countries. You can call us, visit our website or ask a MoneyGram agent to find out the availability of our services and addresses and opening times of locations offering the services.
The Service is for persons 18 years and over and residing in Australia. It may not be used for escrow or trust or gambling purposes, and may only be used for a lawful purpose. PLEASE ALSO READ THE FRAUD WARNINGS ON THE ONLINE FORM. WE WILL NOT BE LIABLE IF YOU ASK US TO PAY A RECIPIENT AND YOU THEN CHANGE YOUR MIND AFTER THE RECIPIENT HAS BEEN PAID.
You must set up a "Profile" before you can use the Service. In order to do so, you must provide some personal information, a "User ID" (which is your email address and is used for identification purposes and to login to your Profile) and a password which you must not share with anyone else. All information provided by you shall be stored in your Profile, and shall be maintained by us or our "Service Providers" (any company or companies engaged by us or our contractors to provide the Service) based upon the information supplied by you.
A Transfer made in conjunction with the initial application for a Profile will be delayed until your identity and your credit or debit card information have been fully confirmed by MoneyGram.
You agree to update your Profile if your email address or other contact information in your Profile have changed, before you make a Transfer. Follow the instructions on our website to update your Profile.
Records of your Transfers will be posted in your Profile section of our website. You may access the record at any time by logging in to your Profile.
To close your Profile, contact Customer Service through the MoneyGram website. If we close your Profile for any reason, we may, in our sole discretion, cancel your pending Transfer requests.
We may communicate with you electronically (eg. by email) unless we are required by law or regulatory requirements to communicate in another way. If you do not wish to receive communications electronically, you may not use our Service.
We may, without notice (except as required by law) and without liability to you, terminate or suspend your access to your Profile at any time, including without limitation, if: (a) you attempt to Transfer or charge funds from a credit or debit card that does not belong to you or which has expired, or if you are paying by credit card, there is an insufficient available line of credit; (b) your financial institution attempts to charge back a Transfer on the basis of a dispute related to a Transfer; (c) you provide incorrect or false information about yourself, your debit or credit card details or about a Recipient; (d) you attempt to tamper, hack, modify or otherwise corrupt the security or functionality of the Service; (e) we receive conflicting claims regarding ownership of, or the right to withdraw funds from a debit or credit card account; (f) you have breached a term or condition of this Agreement, or any representation or warranty that you make under this Agreement is false; (g) we determine that your Profile is inactive; (h) we believe that the Transfer may expose us to action from any government or regulator.
We may without liability to you, terminate or suspend your access to the Profile at any time and for any reason by giving you 30 days' notice.
By logging into your Profile, completing your transaction details, ticking the Terms and Conditions box and the ‘SUBMIT’ button and paying the Fee and Transfer amount as stated in the online form by either credit or debit card , you are acknowledging that you (i) accept the terms of this Agreement, (ii) consent to the execution of the Transfer, (iii) agree to be bound by the terms and conditions relating to the Transfer (iv) confirm that the information within the online form which you have provided is true and accurate in all respects and; (v) authorise us (or any one authorised by us) to take payment from your debit or credit card for the Transfer amount and Fee. If we cannot collect payment for the Transfer from your debit or credit card, or the payment is reversed, we will have no further liability to you under this Agreement.
After we receive your request to make a Transfer, we will confirm the Transfer and provide a reference number to you. You must call us if any of the information you provide changes before the Recipient collects or receives the money.
We will report Transfers to government authorities if we are required to do so by law and we may refuse to provide the Service (in whole or part) if we reasonably believe that: (a) by doing so we might breach any MoneyGram policy (including policies intended to prevent fraud, money laundering or terrorist financing) and/or break any applicable law, order of the court, regulation, code or other duty that applies to us or requirement of any regulatory or governmental authority, body or agency having jurisdiction over us; (b) doing so may expose us to action from any government or regulator; (c) it may be linked with fraudulent or illegal activity; or (d) we otherwise consider such action necessary to protect our interests. In each case we are only able to provide the reasons for a refusal if allowed by law.
You cannot send a Transfer on behalf of a third party
ONLINE TO CASH TRANSFERS
You are responsible for contacting the Recipient to advise them when the money will be ready for collection. Collection may only be made during the receive Agent's opening hours and subject to local regulations.
To collect the funds in cash, the Recipient must provide all details about the money transfer required by us, including your name, country of origin, their name, Transfer amount and the 8-digit reference number given to you at the time of the Transfer (the “Collection Details”). The Recipient must also provide evidence of identity. The acceptable forms of evidence of identity differ depending on the country in which the Transfer is collected.
YOU MUST NOT GIVE ANY OF THE COLLECTION DETAILS (WHETHER OR NOT REDACTED) TO ANYONE OTHER THAN YOUR CHOSEN RECIPIENT. YOU MUST ALSO DO ALL YOU REASONABLY CAN TO ENSURE THAT NO ONE, OTHER THAN YOUR CHOSEN RECIPIENT, CAN OBTAIN THE COLLECTION DETAILS OR ANY PART OF THEM. IF YOU, DIRECTLY OR INDIRECTLY, DISCLOSE ANY COLLECTION DETAILS TO ANYONE OTHER THAN YOUR CHOSEN RECIPIENT THEN: (A) YOU CAN MAKE IT EASIER FOR SOMEONE TO IMPERSONATE THE RECIPIENT AND COLLECT THE TRANSFER IN THEIR PLACE; AND (B) WE WILL NOT BE LIABLE IF WE PAY THE MONEY TO SOMEONE (OTHER THAN THE RECIPIENT) WHO GIVES THE AGENT THE COLLECTION DETAILS AND WHAT THE AGENT REASONABLY BELIEVES TO BE VALID EVIDENCE OF IDENTIFICATION.
If you ask us to make an online to cash Transfer and the Transfer amount has not been collected within 90 days, the Transfer becomes an “Expired Transfer”) and we have no obligation to execute an Expired Transfer.
If an Expired Transfer occurs, we will attempt to contact you so that you can arrange for a refund of the amount of the Expired Transfer. If you become aware that a transferred amount has not been collected please contact us to ask for a refund.
ONLINE TO ACCOUNT TRANSFERS AND HOME DELIVERY
For online to account Transfers, we will send the money to the account you specify on the online form. Banking practices may vary depending on the Recipient country. For more information on when a payment will be credited to such an account, you need to contact the Recipient's account provider. The Recipient's account provider may apply its own charges to the Transfer, which do not involve us.
For home delivery service, the money will be delivered to the address provided by you in the online form ("Directed Sends") or to the address provided by the Receiver to the delivery service provider in the receive country ("Directed Receives"), as the case may be. For Directed Sends, the delivery service provider in the receive country may or may not contact the Receiver to confirm the address provided by you in the online form. For Directed Receives, it is the responsibility of the Receiver to contact the delivery service provider to arrange for the delivery and provide the delivery address. The Receiver will be required to provide documentation and information acceptable to the delivery service provider in order to receive the money, including without limitation the Reference Number, identification and sender information. The delivery service provider may apply its own charges to the home delivery service, which do not involve us. For more information on when a payment will be delivered, you need to contact the Recipient's delivery service provider.
CANCELLATION AND REFUNDS
You do not have a right to cancel a Transfer. We may nevertheless be able to cancel it before the Recipient collects or receives the money. If you wish to cancel the Transfer and request a refund of the Transfer amount, you can call us, contact us via the MoneyGram website or write to us. We aim to process such requests promptly but in any case within 30 days.
For an online to cash Transfer, if the Transfer was not made properly or did not arrive, we will promptly refund the Transfer amount and the Fee (unless we are prevented by law from doing so).
For an online to account Transfer, if the Transfer was not made properly or did not arrive, we will promptly refund the Transfer amount and the Fee - unless we can show that the Recipient's account provider received the money or that there was a mistake in the Recipient's account details that you gave us.
For a home delivery, if the Transfer was not made properly or did not arrive, we will promptly refund the Transfer amount and the Fee - unless we can show that the delivery service provider delivered the money or that there was a mistake in the Recipient's delivery details that you gave us.
If you believe a Transfer was not made properly or did not arrive, you must call or write to us as soon as you reasonably can to inquire into the status of the Transfer. We will not refund money to you under condition 6.2 or 6.3 or 6.4 if you unduly delayed telling us about the problem and in any event told us more than 13 months after sending the money. If you ask us to, we will immediately and without charge try to trace any Transfer which was not made properly or did not arrive and let you know the outcome of those investigations.
If the information you gave us about the Recipient (and, in the case of a cash to account Transfer, the Recipient's account; in the case of a home delivery, the Recipient's delivery detail) was incorrect, and we made the Transfer based on that information, we will be deemed to have made the Transfer properly but we will still make reasonable efforts to recover the funds for you and, if you ask us to, we will provide you with available and relevant information to help you claim repayment of the funds.
You should regularly check for information about transfers on your credit or debit card statements and on your profile and you must contact us at once if you need to query any transfer made through the service. If you call us we may ask you to follow up with details in writing within 10 working days.
CHARGES AND CURRENCY EXCHANGE
For Transfers paid by credit card, your credit card will be charged as soon as we accept your request for the Transfer. If you are paying by debit card and there are insufficient funds in your account, your financial institution may charge you a fee and your bank may also allow the payment by way of an unauthorised overdraft on your account and charge a fee and interest.
The financial institution that provides you with your debit or credit card may impose fees in connection with your payment for a Transfer. Fees imposed by your financial institution or by any other person not directly a party to the Transfer, such as the Recipient’s financial institution, will not be reflected on the breakdown of costs provided to you for your Transfer.
There are limits on the amount and currency of the money you are able to send. Your chosen currency, agreed exchange rate, and converted amount will be stated in the online form and transaction summary.
WE HAVE NO OBLIGATION TO YOU TO INITIATE OR PERFORM A MONEY TRANSFER OR OTHER TRANSACTION AS PART OF THE SERVICE IF:
(a) WE ARE UNABLE TO OBTAIN SATISFACTORY EVIDENCE OF YOUR IDENTITY; (b) WE HAVE REASON TO BELIEVE THAT THE INFORMATION IN THE DOCUMENTATION PROVIDED BY YOU IS INCORRECT, UNAUTHORISED OR FORGED; OR (c) YOU PROVIDE US WITH INCORRECT OR INCOMPLETE INFORMATION;
AND WE DO NOT ACCEPT ANY LIABILITY FOR DAMAGES RESULTING FROM NON-PAYMENT OR DELAY IN PAYMENT OF A MONEY TRANSFER TO A RECIPIENT OR FAILURE TO PERFORM A TRANSACTION UNDER THE SERVICE BY REASON OF ANY OF THESE MATTERS.
WE WILL NOT BE LIABLE TO YOU IF WE BREAK THIS AGREEMENT DUE TO: (I) ABNORMAL AND UNFORESEEABLE CIRCUMSTANCES OUTSIDE OUR CONTROL WHERE WE COULD NOT AVOID BREAKING THIS AGREEMENT DESPITE ALL EFFORTS TO THE CONTRARY - THIS MAY INCLUDE, FOR EXAMPLE, DELAYS OR FAILURES CAUSED BY INDUSTRIAL ACTION, PROBLEMS WITH ANOTHER SYSTEM OR NETWORK, MECHANICAL BREAKDOWN OR DATA-PROCESSING FAILURES; OR (II) OUR OBLIGATIONS UNDER LAW.
NOTHING IN THIS AGREEMENT LIMITS OUR LIABILITY FOR ACTING FRAUDULENTLY OR VERY CARELESSLY OR OTHERWISE EXCLUDES OR LIMITS OUR LIABILITY TO THE EXTENT THAT WE ARE UNABLE TO EXCLUDE OR LIMIT IT BY LAW.
DATA PROTECTION AND PRIVACY
By continuing with this transaction you consent to the collection, use, disclosure, and transfer (including cross-border transfer) of your personal information as described in our Privacy Notice, which is available on our website at www.moneygram.com/privacy-notice, or by calling 1800 049 087.
CUSTOMER SERVICE INFORMATION
We are committed to ensuring that you receive high quality service from us. In the event that you are dissatisfied with the Service or believe an error has occurred with your Transfer, please contact us as soon as possible. For full details of our complaints procedure or consumer protection advice, or to submit a complaint, you can:
call us on our free phone number 1800 049 087;
visit our website moneygram.com.au and submit the online form;
write an email to email@example.com or
write to us at: Resolution Assurance Department, MoneyGram International, Konstruktorska Business Centre;13 Konstruktorska Street, Warsaw, Poland 02-673.
We will deal with your complaint promptly and fairly. We will try our best to resolve your complaint at the first opportunity. In case we feel we need more time to resolve your complaint, we will send you a final response letter within 15 business days of receipt of your complaint. In exceptional circumstances, we will send you a holding reply within 15 business days specifying the deadline by which you will receive our final response, being no later than 35 business days from the date of your initial complaint.
Our Agreement with you is subject to the laws of the State of New South Wales, Australia. You irrevocably submit to the non-exclusive jurisdiction of the courts of that State and any courts which have jurisdiction to hear appeals from such courts.
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