Residents of all jurisdictions except and Puerto Rico are subject to the following terms and conditions:
Xoom Corporation's Terms of Service
These Terms of Service ("TOS") are effective as of 2007-05-03 and govern the terms under which you may access and use this website and the services associated with it (the "Service"). Do not access or use the Service if you do not agree to be bound by the TOS. By accessing and using the Service, you are agreeing to the TOS. Xoom Corporation ("Xoom") may update the TOS from time to time, without notice to you, by posting the updated TOS on this website. As used throughout this TOS, the term "we", "us", and "our" mean Xoom, its successors, affiliates, and assignees.
In the event there is any inconsistency between the English and Spanish or other language text on this website, including the TOS, the English text shall be binding.
1. ELECTRONIC COMMUNICATIONS
You understand and consent that this TOS shall be entered into electronically, and that the following categories of information ("Communications") may be provided by electronic means: (i) this TOS and any amendments, modifications or supplements to it; (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 federal or state law; (iv) any customer service communications, including without limitation communications with respect to claims of error or unauthorized use of the Service; (v) any other communication related to the Service or Xoom.
The Service does not allow for Communications to be provided in paper format or through other non-electronic means. You may withdraw your consent to receive Communications electronically, but if you do, your use of the Service shall be terminated. In order to withdraw your consent, you must contact us by telephone at (877) 815-1531 from within the U.S. or (415) 281-4290 from outside the U.S.; by fax at 415-777-8690; or by mail at Xoom Corporation, attn: Customer Service, 301 Brannan Street, 5th Floor, San Francisco CA 94107 USA.
In order to access and retain Communications, you must have: (i) an Internet browser that supports 128-bit encryption, such as Netscape Navigator version 4.0 or above or Internet Explorer version 4.0 or above, (ii) an e-mail account and e-mail software capable of interfacing with Xoom's e-mail servers, (iii) a personal computer, operating system and telecommunications connections to the Internet capable of supporting the foregoing, (iv) sufficient electronic storage capacity on your computer's hard drive or other data storage unit, (v) a printer that is capable of printing from your browser and e-mail software. In addition, you must promptly update us with any change in your email address by updating your profile at https://www.xoom.com/myprofile.
2. OVERVIEW OF SERVICE
The Service enables you to send money and make payments to designated recipients (each, a "Recipient") in different countries around the world (each, a "Destination Country"). Each request to send money or make payments through the Service is a "Transaction." The amount to be paid to the Recipient is the "Transaction Amount."
3. ACCESSING THE SERVICE
a. Eligible Users. You must be an individual at least 18 years of age and be able to form legally binding contracts under applicable law. You must have a valid postal mailing address and an active e-mail address. Other restrictions may apply. You acknowledge that by initiating a Transaction, you are requesting that Xoom process your Transaction, an offer which Xoom may accept or reject at its sole discretion from its place of business in San Francisco, California.
4. PAYMENT
a. Service Fees. In consideration for the use of the Service, you agree to pay applicable fees for each transaction that you initiate (the "Service Fees"). These fees are shown to you before you submit your Transaction for processing. Xoom only accepts payment in U.S. Dollars.
b. Payment Sources. You pay for the Service using an authorized credit card, debit card, PayPal account, or electronic check (each, a "Payment Source"), depending on the state of your residence and the service you select. You authorize the account associated with your Payment Source to be debited in the amount of the Transaction Amount plus any applicable fees.
c. Fees Imposed by Other Financial Institutions. Xoom does not control and is not responsible in any manner for any fees or charges that may be imposed by your financial institution(s) associated with your Payment Source. In particular, 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 Xoom. You can avoid most cash advance fees by paying with an electronic check or debit card. Contact your credit card issuer for more information.
5. DISBURSEMENT
a. Disbursement Options. Funds are disbursed to the Recipient in the manner that you specify from the list of available disbursement options (each, a "Disbursement Option"), which vary by Destination Country, but generally include disbursement by (i) pickup, (ii) home delivery, (iii) direct deposit, and (iv) pre-paid stored value card (the "Xoom Card"). You cannot change the Disbursement Option after you complete your transaction online. You hereby appoint the Recipient as your agent for the purpose of receiving funds in connection with the Service.
- i. Pickup, Delivery, and Direct Deposit. Xoom works with correspondent banks, money exchange houses, and other third party funds handlers (each, an "LMA") to disburse funds to your Recipient on your behalf by Pickup, Delivery, or Direct Deposit. Pickup means that the Recipient can go to an authorized LMA branch office to receive funds, in person. Delivery means that funds shall be delivered to the Recipient at the address you provide. Direct Deposit means that the funds shall be delivered directly into the Recipient's bank account.
- ii. Xoom Card. The Xoom Card is a prepaid card that is issued by MetaBank (the "Bank") that allows your Recipient to withdraw funds at authorized Maestro® and Cirrus® Automatic Teller Machines, and make purchases at authorized Maestro Points-of-Sale around the world. By selecting the Xoom Card as your Disbursement Option, you are instructing Bank to have your Xoom Card delivered to the Recipient at the address you provide, and to appoint such Recipient as your agent for the purposes of using your Xoom Card. Your use of the Service to purchase the Xoom Card is conditioned upon your agreeing to the terms and conditions of this TOS as well as the terms and conditions of a cardholder agreement between you and the Bank (the "Cardholder Agreement"). You acknowledge that you have certain responsibilities to the Bank under the Cardholder Agreement and that Xoom relies on your fulfilling those responsibilities. Accordingly, you agree to indemnify and hold Xoom and its subsidiaries, 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 Xoom Card or violation of the terms and conditions of the Cardholder Agreement. In the event that there is an inconsistency between this TOS and the Cardholder Agreement, the Cardholder Agreement shall be binding.
b. Currency of Disbursement YOU ACKNOWLEDGE THAT XOOM MAKES MONEY WHEN FUNDS ARE CONVERTED TO A FOREIGN CURRENCY FOR DISBURSEMENT, BASED ON THE DIFFERENCE BETWEEN THE EXCHANGE RATE AT WHICH XOOM PURCHASES FOREIGN CURRENCY AND THE EXCHANGE RATE PROVIDED TO YOU.
c. Recipient Identification Funds shall not be disbursed to a Recipient unless he or she presents specified information to verify his or her identity.
6. LIMITATIONS OF SERVICE
Transactions may be delayed or otherwise restricted as a result of verification procedures, validation of Payment Source, attempts to contact and locate your Recipient, currency availability, location hours, and efforts to comply with applicable law. Notwithstanding the foregoing, you may be entitled to a refund as expressly described herein.
a. General Restrictions Xoom may, in its sole discretion, refuse any Transaction or limit the amount to be transferred, either on a per transaction basis or on an aggregated basis. Xoom 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.
b. Not Available to Certain Residents The Service may not be available in whole or in part in different states, countries, and jurisdictions. In particular, you may not use the Service if you are a resident of Colorado.
c. Unauthorized Transactions Your use of the Service shall not violate this TOS or any rules and regulations, including but not limited to rules and regulations relating to money laundering, illegal gambling activities, fraud, or funding of terrorist organizations.
d. Commercial Transactions Xoom has no control over, and is not responsible for, the quality, safety, legality, or delivery of goods or services that you pay for using the Service. You acknowledge that any use of the Service for to pay for such goods and services is at your own risk.
e. Ineligible Recipients We reserve the right to refuse disbursement to certain Recipients, countries, territories, addresses or other geographic designations in our sole discretion, including without limitation, destinations and individuals that are included on the Specially Designated Nationals list, Non-cooperative Countries and Territories list, and such other lists as may be issued from time to time by the U.S. Department of Treasury and other government agencies.
7. CANCELLATION AND REFUNDS
Upon written request, you may obtain a cancellation and a refund of the Transaction Amount if, at the time the request is processed (not received), the Transaction Amount has not been disbursed, or if Xoom has disbursed the Transaction Amount to someone other than the specified Recipient. Your written refund request must include the following information:
(a) your full name, address, and phone number, (b) Recipient's full name, address (including country of residence), and phone number, (c) the date of the transaction or the transaction number, (d) the location to which funds were to be disbursed, (e) the dollar amount of the transaction, and (f) the reason for the refund.
The refund request must be in writing and submitted by electronic mail, fax or U.S. mail. Contact information for Xoom's customer service is as follows: Xoom Customer Service, 301 Brannan Street, 5th Floor, San Francisco CA 94107 USA, (877) 815-1531 (within the US), (415) 281-4290 (outside the US), (415) 777-8690 (fax), https://www.xoom.com/static/help-contact.html
Refunds shall be made in the same form of payment originally made. Refunds shall only be made in U.S. dollars.
The following applies only to Transactions originating in California directed to a foreign country.
RIGHT TO REFUND: You, the customer, are entitled to a refund of the money to be transmitted as the result of this agreement if Xoom 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 Xoom at 415-777-8690; or mail it to Xoom Corporation, attn: Customer Service, 301 Brannan Street, 5th Floor, San Francisco CA 94107 USA. 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.
Texas customers can direct complaints to regulatory authorities at: Texas Department of Banking: 2601 North Lamar Boulevard; Austin, Texas 78705; 1-877-276-5554; http://www.banking.state.tx.us
Maryland Customers only: The Commissioner of Financial Regulation for the State of Maryland will accept questions or complaints from Maryland residents regarding Xoom Corporation at: Commissioner of Financial Regulation, Attention Complaint Unit, 500 North Calvert Street, Suite 402, Baltimore, Maryland 21202, Toll-free telephone number: 1-888-784-0134.
FOR RESIDENTS OF NEW HAMPSHIRE ONLY: You are entitled to a refund of the principal amount of your transaction and any transaction fee that you paid if your transaction is not paid out according to the information you provide about the intended beneficiary, unless your transaction is in violation of applicable law. In the case of any such refund, your transaction will also be cancelled.
8. PRIVACY/COLLECTION OF INFORMATION
By agreeing to this TOS, you acknowledge and consent to Xoom's Privacy Policy. The Privacy Policy can be found by clicking here: https://www.xoom.com/privacy.
To help the government fight the funding of terrorism and money laundering activities, federal law requires financial institutions and their third parties to obtain, verify, and record information to identify you. You may be asked for your name, address, date of birth, and other information that shall allow us to identify you.
9. INDEMNITY
You agree to indemnify and hold Xoom, Bank, LMAs, and their respective subsidiaries, officers, agents, 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 TOS, or your violation of any rights of another.
10. XOOM'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 Xoom copyrights, trademarks, service marks, logos, and product and service names are owned exclusively by Xoom (the "Xoom Intellectual Property"). You agree not to display, use, copy, or modify the Xoom 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).
11. DISCLAIMER OF WARRANTIES
THE SERVICE IS PROVIDED "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WE, OUR SUBSIDIARIES, EMPLOYEES AND OUR SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Xoom shall make reasonable efforts to ensure that Transactions are processed in a timely manner, but Xoom makes no representations or warranties regarding the time needed to complete processing because the Service is largely dependent on many factors outside our control. Some jurisdictions do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights that vary state to state. Notwithstanding the foregoing, you may have a right to a refund as expressly described herein.
12. LIMITATION OF LIABILITY
EXCEPT FOR CLAIMS UNDER SECTION 1810.5 (C) OF THE CALIFORNIA FINANCIAL CODE ARISING FROM TRANSACTIONS ORIGINATING IN CALIFORNIA, IN NO EVENT SHALL XOOM, BANK, OR LMAs, OR THEIR RESPECTIVE SUBSIDIARIES, OFFICERS, AGENTS, PARTNERS, OR EMPLOYEES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES BEYOND THE SUM OF $500.00 (IN ADDITION TO REFUNDING THE TRANSACTION AMOUNT AND SERVICE FEES), INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF XOOM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM NEGLIGENCE ON THE PART OF XOOM, BANK, OR LMAs, OR THEIR RESPECTIVE SUBSIDIARIES, OFFICERS, AGENTS, PARTNERS, OR EMPLOYEES.
13. DISPUTE RESOLUTION AND GOVERNING LAW
Any controversy, dispute, or claim arising out of or relating to the Service or TOS (a "Claim") shall be governed by and construed in accordance with the laws of California, except that body of law governing conflicts of law. Except for Claims arising under Section 1810.5 (c) of the California Financial Code, which Claims shall be brought before the appropriate state or federal court located in California, all Claims shall be settled by binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (available at http://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 shall issue a reasoned award if so requested by you or Xoom, and may not modify, rewrite, or otherwise reform this TOS, including but not limited to interpreting the TOS beyond the range of semantic permissibility. The arbitrator, in his or her discretion, shall have the right to award reasonable costs and attorneys' fees to the prevailing party. This TOS shall be governed according to the laws of the State of California and all activities performed in connection with the Service shall be deemed to have been performed in 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 Xoom, but also its LMAs, successors, assignees, employees, and agents, and claims for which Xoom may be directly or indirectly liable, even if it is 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, cros s-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 San Francisco, California, and judgment on the arbitration award may be entered in any court having jurisdiction thereof. However, you and Xoom agree to submit to the personal jurisdiction of the courts located within the city and county of San Francisco, California. Either you or Xoom may seek any interim or preliminary relief from a court of competent jurisdiction in San Francisco, California necessary to protect the rights or property of you or Xoom (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 XOOM'S SERVICES.
14. GENERAL INFORMATION
a. Entire Agreement. The TOS constitutes the entire agreement between you and Xoom and governs your use of the Service, superseding any prior agreements between you and Xoom.
b. No Waiver. The failure of Xoom to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS 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 TOS as reflected in the provision, and the other provisions of the TOS shall remain in full force and effect.
c. Modification The TOS may be modified or amended by Xoom from time to time without notice, except as may be required by law. You can review the most current version of the TOS at any time by reviewing this website. 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 TOS and acknowledge that any attempts by you to modify this TOS shall be void.
15. QUESTIONS/COMMENTS
Questions, notifications, and requests for further information can be sent to Xoom, as follows: online at https://www.xoom.com/support; by telephone at 1-877-815-1531 (outside the United States, call +1 (415) 281-4290); by fax at 415-777-8690; or by mail at Xoom Corporation, attn: Customer Service, 301 Brannan Street, 5th Floor, San Francisco CA 94107 USA. Please report any violations of the TOS to help@xoom.com.
Residents of and Puerto Rico are subject to the following terms and conditions:
Last updated: December 23, 2007. To check for any latest update of Xoom Corporation's Terms of Service, visit: https://www.xoom.com/tos/
Xoom Corporation's Terms of Service
These terms of service ("TOS") are effective as of 2007-05-03 and govern the terms under which you may access and use this website and the services associated with it (the "Service"). The Service is offered by virtue of a relationship between MetaBank ("Bank") and Xoom Corporation ("Xoom") (together, the "Providers"). By accessing and using the Service, you are agreeing to the TOS, which is an agreement between you and the Providers. Do not access or use the Service if you do not agree to be bound by the TOS.
1. Electronic Communications
You understand and consent that this TOS will be entered into electronically, and that the following categories of information ("Communications") may be provided by electronic means: (i) this TOS and any amendments, modifications or supplements to it; (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 federal or state law; (iv) any customer service communications, including without limitation communications with respect to claims of error or unauthorized use of the Service; (v) any other communication related to the Service or Providers.
The Service does not allow for Communications to be provided in paper format or through other non-electronic means. You may withdraw your consent to receive Communications electronically, but if you do, your use of the Service will be terminated. In order to withdraw your consent, you must contact us by telephone at 877-815-1531 (outside the United States, call +1 (415) 281 4290); by fax at 415-777-8690; or by mail at Xoom Corporation, attn: Customer Service, 301 Brannan Street, 5th Floor, San Francisco CA 94107 USA.
In order to access and retain Communications, you must have: (i) an Internet browser that supports 128-bit encryption, such as Netscape Navigator version 4.0 or above or Internet Explorer version 4.0 or above, (ii) an e-mail account and e-mail software capable of interfacing with Xoom's e-mail servers, (iii) a personal computer, operating system and telecommunications connections to the Internet capable of supporting the foregoing, (iv) sufficient electronic storage capacity on your computer's hard drive or other data storage unit, (v) a printer that is capable of printing from your browser and e-mail software. In addition, you must promptly update us with any change in your email address by updating your profile at https://www.xoom.com/myprofile.
2. Overview of Service
The Service enables you to (1) open a remittance account with Bank (an "Account"), (2) fund the Account with your credit card, debit card, or electronic check (each, a "Funding Source"), and (3) request that funds in your Account be sent to particular recipients (each, a "Recipient") in different countries around the world (each, a "Destination Country"). Each such request to send money or make payments out of your Account is a "Transaction." The amount designated for disbursement is the "Transaction Amount."
The Service is offered through this website. Bank holds your Account and any funds that you place in the Account. Records are maintained about you, your Account, and your Transactions. By initiating a Transaction through the Service, you are instructing Bank, through Xoom, to transfer your funds to a third-party funds handler (a "Local Market Associate" or "LMA") to disburse funds to the designated Recipient. Xoom is not a bank, but acts as an authorized representative of Bank to market and process your Account.
3. Opening an Account
a. Eligible Users. You must be an individual at least 18 years of age and be able to form legally binding contracts under applicable law. You must have a valid postal mailing address and an active e-mail address. You must have a valid credit card, debit card, or deposit account with a financial institution in the United States. Your mailing address must match the billing address for your credit card, debit card and/or deposit account (as applicable). Other restrictions may apply.
b. Opening an Account. You must open an Account and fund a transaction to initiate a Transaction. To open an Account, you must provide complete and correct information about yourself sufficient to verify your identity. Providers reserve the right to accept or reject your request to open an Account.
c. Accessing Your Account. You will create a unique user ID and password to access your Account. Your user ID together with your password has the same effect as your written signature and can be used to authorize Transactions. Contact Providers immediately if you suspect your password or user ID has been compromised.
4. Account Security
a. Security Procedures. Access to your Account and your ability to initiate and authorize a Transaction will be verified based on security procedures that are offered as part of the Service. Each time you attempt to access your Account, you will be asked to provide the unique user ID and password created by you at the time you opened your Account. Providing this information will give you full Account access and the ability to initiate Transactions. You agree to follow any additional on-screen instructions from Providers with regard to Account security. You also agree to update and upgrade your Internet browser software on a regular basis as such updates or upgrades may become available from time to time. You acknowledge and agree that this Security procedure is commercially reasonable and that in selecting a user ID and password as your security procedure you have elected not to use any other commercially reasonable procedures that may be available.
b. Confidentiality of Security Procedures. ou agree not to divulge your password or user ID to any other person, and you agree not to use another person's password or user ID. If, notwithstanding the foregoing prohibition, you give your password to another person or persons, you will be deemed to have authorized them to use that password for any and all purposes, without limitation. You agree that the Providers will not have any responsibility or liability to you or any other person for any losses or damages which you or anyone else may suffer if you disclose your password to any other person, including any losses or damages arising out of the disclosure of this information by the recipient to another person.
c. Breach of Security. If you believe that any user ID or password has become known to any unauthorized person or otherwise compromised, you must notify the Providers immediately by contacting them online at https://www.xoom.com/support; by telephone at 1-877-815-1531 (outside the United States, call +1 (415) 281 4290); by fax at 415-777-8690; or by mail at 301 Brannan Street, 5th Floor, San Francisco CA 94107 USA, Attn: Customer Service. You should discontinue using the Service until such time as security has been restored.
5. Initiating a Transaction
a. Information.
You initiate a Transaction by accessing your Account through the Service, following the security procedures, and providing complete and correct information about the intended Recipient and your Transaction, sufficient to verify the identity of the Recipient and the legitimate purpose and funding source of your Transaction. Providers reserve the right to accept or reject your request to initiate a Transaction.
b. Service Fees.
In consideration for the use of the Service, you agree to pay applicable fees for each Transaction ("Service Fees"). These fees will be shown to you before you submit your Transaction for processing. Service Fees are subject to change upon prior notice to you by any method permitted under this TOS and applicable law.
6. Funding a Transaction
a. Funding Sources. You can initiate and fund a Transaction by using a valid Funding Source. You authorize your Funding Source to be debited in the amount of the Transaction Amount plus Service Fees. Funds will then be credited to and held in one of a series of master pooled accounts for the benefit of Account holders (the "Master Account"). Although funds will be held at Bank prior to receipt by Recipient, the funds may pass through one or more other banks before they are disbursed in the Destination Country.
b. Your Ability to Withdraw Funds; Delays. Bank's general policy is that funds you deposit into an Account through electronic means such as ACH transfers, direct deposit from an employer, or credit card transactions will be available for withdrawal on the day Bank receives the deposit. However, it may take several days for the Bank to receive your funds, depending on the Funding Source you select. For example, while credit and debit cards typically settle within the same day, electronic check payments may take four (4) or more days to settle and the funds are not considered received by Bank until such time as Bank has received payment in actually and finally collected funds. Once the funds are available for withdrawal, they may be used to fund Transactions, subject to other security and Account set-up requirements described in this document. There may be a corresponding delay in the time it takes to disburse those funds to the Recipient. In addition, there may be delays associated with our verifying your identity, the identity of your Recipient, the validity of your Funding Source and the purpose of your transaction. Disbursement will not occur until these verification procedures have been completed.
c. Fees Imposed by Other Financial Institutions. Providers do not control and are not responsible in any manner for any fees or charges that may be imposed by the financial institution associated with your Funding Source. In particular, some credit card issuers may treat the use of your credit card to fund your Account 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 Providers. You can avoid most cash advance fees by paying with an electronic check or debit card. Contact your credit card issuer for more information.
d. Funding by Electronic Check. If you choose to fund your Account with an electronic check, you are representing that you have sufficient funds in the existing bank account associated with your electronic check payment, and you are consenting to the following: "I hereby authorize my bank to initiate debits from my account in the amount of the Transaction Amount plus Service Fees, and to credit the same to the Master Account."
e. Failed Funding. If your attempt to fund a Transaction is reversed, rejected for insufficient funds, or is charged back for any reason, you authorize Bank, in its discretion, to resubmit the Transaction Amount to your credit card, check card or deposit account and consent to pay Service Fees. Bank also has the right to collect from you the amount of any uncollected or reversed Transaction, plus any collection expenses, court costs and reasonable attorneys' fees. You agree to hold Providers harmless from any losses, costs, expenses or damages either of them may incur in connection with collecting any negative balance, or in defending any of the fore going actions, including court costs and attorneys' fees. You acknowledge that Transactions may be reported to a collection agency or credit bureau if you do not pay Bank in accordance with this TOS. Bank's disbursement of any Transaction without receiving sufficient funds shall not create any obligation on the part of Bank to make any such Transaction in the future.
7. Disbursing a Transaction
a. Disbursement Options. The Transaction Amount will be disbursed to the Recipient in the manner that you specify from the list of available disbursement options at the time you initiate your Transaction (each, a "Disbursement Option"). Disbursement Options vary by Destination Country, but generally include disbursement by (i) cash pickup, (ii) home delivery, (iii) direct deposit, and (iv) pre-paid stored value card (the "Xoom Card"). You cannot change the Disbursement Option after you submit your Transaction. You hereby appoint the Recipient as your agent for the purpose of receiving funds in connection with the Service.
- i. Pickup, Delivery, and Direct Deposit. A Local Market Associate will disburse your funds to your Recipient if you select cash pickup, home delivery, or direct deposit as your Disbursement Option. Pickup means that the Recipient can go to a designated Local Market Associate branch office to receive funds, in person. Delivery means that funds will be delivered to the Recipient at the address you provide. Direct Deposit means that the funds will be delivered directly into the Recipient's bank account. Note that the time it takes to disburse funds via delivery may depend on where your Recipient lives and the accuracy of the address you provide.
- ii. Xoom Card. The Xoom Card is a prepaid card issued by Bank that allows your Recipient to withdraw funds at authorized Maestro® and Cirrus® Automatic Teller Machines ("ATMs"), and make purchases at authorized Maestro Points-of-Sale ("POSs") around the world. By selecting the Xoom Card as your Disbursement Option, you are instructing Bank to deliver your Xoom Card to your Recipient at the address you provide, and to appoint such Recipient as your agent for the purposes of using your Xoom Card. Your use of the Service to purchase the Xoom Card is conditioned upon your agreeing to the terms and conditions of this TOS as well as the terms and conditions of a cardholder agreement between you and Bank (the "Cardholder Agreement"). You acknowledge that you have certain responsibilities to the Bank under the Cardholder Agreement and that Xoom relies on your fulfilling those responsibilities. Accordingly, you agree to indemnify and hold Xoom and its subsidiaries, 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 Xoom Card or violation of the terms and conditions of the Cardholder Agreement. In the event that there is an inconsistency between this TOS and the Cardholder Agreement, the Cardholder Agreement will be binding.
b. Currency of Disbursement. Except for Xoom Card transactions, to the extent that funds are disbursed in a currency other than U.S. Dollars, you will be shown the applicable exchange rate at the time you authorize and pay for your transaction, and the corresponding total amount to be disbursed to your Recipient. The exchange rate is set by Providers and may fluctuate until you complete your Transaction. PROVIDERS MAY MAKE MONEY WHEN FUNDS ARE CONVERTED TO A FOREIGN CURRENCY FOR DISBURSEMENT.
c. Timing of Disbursement. Funds will be made available to Recipient for disbursement as soon as possible, subject to possible delays associated with the verification procedures outlined above, receipt of good funds from your Funding Option, attempts to contact and locate your Recipient, currency availability, and the conditions, laws, and regulations applicable in the Destination Country. The availability of funds may be affected by events beyond our control, 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. Providers therefore cannot and do not guarantee when a particular Transaction will be disbursed.
d. Recipient Identification. 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 a unique Transaction number. You will be notified after funds have been received by Recipient.
e. Transaction Failure. If a disbursement is undeliverable, or is rejected by the Recipient, or is not deposited within one (1) year of delivery if disbursed in the form of a demand draft, the Transaction will be canceled. Generally, you will be credited the Transaction Amount; however, because of currency export controls in effect in certain countries, it may not be possible to credit the amount to you if the funds have been converted into a local currency. If this occurs, you will be given the opportunity to designate a different Recipient residing in the same Destination Country as the original Recipient.
8. Limitations of Service
a. General Restrictions. The funds in your Account can only be used to fund Transactions. Providers monitor your use of the Service. Your use of the Service may be restricted if it appears suspicious, such as sending large amounts of money over short periods of time. Providers may, in their sole discretion, refuse any Transaction or limit the amount to be transferred, either on a per transaction basis or on an aggregated basis. Providers 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, subject to applicable law.
b. Unauthorized Transactions. The Service may not 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 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 use the Service in connection with gambling or pornography, (f) to fund certain terrorist organizations or individuals as identified from time to time by the U.S. Department of the Treasury, and (g) to violate applicable local, state, or federal laws of the United States, laws of the Destination Country, Territory, international laws, credit card association rules and regulations, or the laws of any other relevant jurisdiction ("Regulations").
c. Commercial Transactions. 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. You agree to hold Providers harmless for any loss or expense they incur as a result of a Commercial Transaction.
d. Ineligible Recipients. We reserve the right to refuse disbursement to certain Recipients, countries, territories, addresses or other geographic designations in our sole discretion, including without limitation, destinations and individuals that are included on the Specially Designated Nationals list, Non-cooperative Countries and Territories list, and such other lists as may be issued from time to time by the U.S. Department of Treasury and other government agencies. You acknowledge that in certain circumstances Providers may be required to freeze Transaction funds and/or suspend a Recipient's receipt of Transaction funds, and/or segregate those funds in compliance with applicable law.
9. Cancellation and Refunds
You may cancel and obtain a refund of a Transaction upon written request if, at the time your request is processed (not received), the Transaction has not already been disbursed. Cancellation requests must include the following information: (a) your full name, address, and phone number, (b) Recipient's full name, address, and phone number, (c) the date of the Transaction, (d) the location to which funds were to be disbursed, and (e) the dollar amount of the transaction. Send yor written request by fax to 415-777-8690; or by mail to 301 Brannan Street, 5th Floor, San Francisco CA 94107 USA. Oral cancellation requests will not be accepted.
Refunds will be made in the Transaction Amount (not including Service fees), and will always be made in the same form of payment originally made. Refunds will only be made in U.S. dollars. Under no circumstance will refunds be made if a Transaction has already been disbursed.
10. Privacy/Collection of Information
By agreeing to this TOS, you acknowledge and consent to Providers' Privacy Policy. The Privacy Policy can be found by clicking here: https://www.xoom.com/privacy
11. Records and Reports
Providers maintain records of your Transaction history to the extent required under applicable Regulations. Records will be updated on a continuing basis, as Transactions are made and received. You may access these records through the website at any time the Service is available. Each month, you will receive an electronic communication requesting that you review your Transaction history. Such communication shall constitute your periodic statement, as required by law. Upon receipt of such email, you should review your online account history for the preceding sixty (60) days.
You agree that consumer reports may be obtained in connection with your use of the Service. Upon your request, Providers will inform you whether such a report was requested, and if so, the name and address of each agency which furnished such a report.
12. Errors and Questions
You should contact Providers as soon as you can if you think your Transaction history is wrong or if you need more information about a listed Transaction. Contact Providers online at https://www.xoom.com/support; by telephone at 1-877-815-1531 (outside the United States, call +1 (415) 281 4290); by fax at 415-777-8690; or by mail at 301 Brannan Street, 5th Floor, San Francisco CA 94107 USA, Attn: Customer Service. (1) Provide your name and user ID; (2) describe the error or the Transaction you are unsure about, and explain why you believe it is an error or why you need more information; and (3) Provide the dollar amount of the suspected error. Providers must hear from you no later than sixty (60) days after you are first sent the statement on which the problem or error appeared. Providers will determine whether an error occurred within ten (10) business days after it hears from you and will correct any error promptly. If Providers need more time to investigate, however, a credit will be made to your Account within ten (10) business days for the amount you think is in error. You will have the use of the money during the time it takes Bank to complete its investigation.
For errors involving new Accounts, Providers may take up to ninety (90) days to investigate your complaint or question. For new Accounts, Providers may take up to twenty (20) business days to credit your Account for the amount you think is in error. Providers will tell you the results within three (3) business days after completing its investigation. If it decides that there was no error, it will send you a written explanation via email. You may obtain copies of documents used in its investigation for a fee.
13. Your Liability for Unauthorized Transactions
Tell Providers at once if you believe your password has been lost or stolen, or if your Account has been compromised in any way, or someone has transferred or may transfer money without your permission (an "Unauthorized Transaction"). The best way of keeping your possible losses down is by telephoning Providers toll-free from within the United States at 1-877-815-1531 and from outside the United States at +1 (415) 281 4290. You can also notify Providers by e-mailing https://www.xoom.com/support. If you do not so inform Providers within two (2) business days after you learn of the loss or theft of your password or Account, and it can be demonstrated that Providers could have stopped someone from using your password or Account without your permission if you had told them within two (2) business days, you could lose the lesser of $500 or the amount of the Unauthorized Transaction that occurred within the two business days, whichever is less; and the amount of unauthorized transfers that occur after the close of two (2) business days and before you provide notice to Providers, provided that Providers establish that these transfers would not have occurred had you notified it within that two (2) day period.
14. Accuracy of Information You Provide
You represent and warrant that all information you provide in connection with the Service, including but not limited to information about yourself, your Funding Source, and your Recipient, will be complete and accurate in all respects. Providers are entitled to rely on any such information, and you agree to update your personal information if it changes. Providers also reserve the right to take steps to verify the information you provide, although they may not be required to do so. Your ability to use the Service may be terminated and any pending Transactions may be cancelled if you provide false information. In addition, you may be subject to civil and criminal penalties.
15. Indemnity
You agree to indemnify and hold Providers and their respective affiliates, subsidiaries, 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 TOS, or your violation of any rights of another.
16. Resale of 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.
17. Providers'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 copyrights, trademarks, service marks, logos, and product and service names are owned exclusively by Bank or Xoom ("Providers' Intellectual Property"). You agree not to display, use, copy, or modify Providers' 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).
18. Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE SERVICE IS PROVIDED ON AN "AS-IS" AND "AS AVAILABLE" BASIS. (a) PROVIDERS EXPRESSLY DISCLAIM 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) PROVIDERS MAKE 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 PROVIDERS OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
19. Limitation of Liability
EXCEPT FOR ANY RIGHT TO A REFUND EXPRESSLY DECRIBED HEREIN, YOU UNDERSTAND AND AGREE THAT NEITHER XOOM, NOR BANK, NOR LOCAL MARKET ASSOCIATES SHALL 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 PROVIDERS 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 PROVIDERS'S SECURITY; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ABOUT THE SERVICE; (v) YOUR FAILURE (THROUGH NO FAULT OF OUR OWN) TO HAVE ENOUGH FUNDS AVAILABLE ON YOUR XOOM CARD TO COMPLETE A PARTICULAR TRANSACTION; (vi) A MERCHANT'S REFUSAL TO ACCEPT YOUR XOOM CARD; (vii) THE FAILURE OF A PARTICULAR ATM WHERE YOU ARE MAKING A CASH WITHDRAWAL TO HAVE SUFFICIENT CASH ON HAND TO COMPLETE THE CASH WITHDRAWAL IN FULL; (viii) THE FAILURE OF AN ELECTRONIC TERMINAL WHERE YOU ARE MAKING A TRANSACTION TO OPERATE PROPERLY, COMBINED WITH YOUR KNOWLEDGE OF SUCH A PROBLEM WHEN YOU INITIATED THE TRANSACTION; (ix) ACCESS TO YOUR XOOM CARD OR ACCOUNT BEING BLOCKED AFTER YOU REPORTED IT LOST OR STOLEN, OR OTHERWISE COMPOMISED; (x) YOUR FUNDS BEING HELD OR OTHERWISE RESTRICTED SUBJECT TO LEGAL PROCESS; (xi) OUR REASONABLE BELIEF THAT A REQUESTED TRANSACTION IS A UNAUTHORIZED TRANSACTION; (xii) CIRCUMSTANCES BEYOND OUR CONTROL (SUCH AS FIRE, FLOOD OR COMPUTER OR COMMUNICATION FAILURE) PREVENTING THE COMPLETION OF A TRANSACTION, DESPITE REASONABLE PRECAUTIONS THAT WE HAVE TAKEN; OR (xiii) ANY OTHER MATTER RELATING TO THE SERVICE.
IF XOOM, BANK, OR LOCAL MARKET ASSOCIATES ARE DEEMED LIABLE TO YOU IN CONNECTION WITH ANY TRANSACTION MADE OR NOT MADE IN ACCORDANCE WITH THIS TOS, THE MAXIMUM AGGREGATE LIABILITY OF XOOM, BANK, AND LOCAL MARKET ASSOCIATES SHALL BE THE CORRESPONDING TRANSACTION AMOUNT, WITHOUT INTEREST, UNLESS OTHERWISE REQUIRED BY APPLICABLE LAW.
20. 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 TOS MAY NOT APPLY TO YOU.
21. Dispute Resolution and Governing Law
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. THE DECISION OF THE ARBITRATOR IS FINAL AND BINDING.
Any controversy, dispute or claim arising out of or relating to the TOS, the Service, or any other services provided to you by Providers or Local Market Associates, 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 shall issue a reasoned award if so requested by you or Providers, and may not modify, rewrite, or otherwise reform this TOS, including but not limited to interpreting the TOS beyond the range of semantic permissibility. The arbitrator, in his or her discretion, shall have the right to award reasonable costs and attorneys' fees to the prevailing party. This TOS shall be governed according to the laws of the State of South Dakota and all activities performed in connection with the Service shall be deemed to have been performed in South Dakota. You agree that, to the extent any statute or law to the contrary may be modified hereby, any claim or cause of action arising out of or related to the use of the Service or this TOS must be filed within one (1) year after such claim or cause of action arose or it will be forever barred.
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 Providers, but also its Local Market Associates, 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 Sioux Falls, South Dakota, and judgment on the arbitration award may be entered in any court having jurisdiction thereof. However, you and Providers agree to submit to the personal jurisdiction of the courts located within the city of Sioux Falls, South Dakota. Either you or Providers may seek any interim or preliminary relief from a court of competent jurisdiction in Sioux Falls, South Dakota necessary to protect the rights or property of you or Providers (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 PROVIDERS'S SERVICES.
22. General Information
a. Entire Agreement. The TOS constitutes the entire agreement between you and Providers and governs your use of the Service, superseding any prior agreements between you and Providers. You also may be subject to additional terms and conditions of third parties.
b. No Waiver. The failure of Providers to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS, 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 TOS as reflected in the provision, and the other provisions of the TOS shall remain in full force and effect.
c. Modification. The TOS may be modified or amended by Providers from time to time without notice, except as may be required by law. You can review the most current version of the TOS at any time by reviewing this website. 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 will be deemed to have accepted that amendment or modification. You agree that you will not modify this TOS and acknowledge that any attempts by you to modify this TOS shall be void.
d. Business Days. The phrase "business days" as used herein means Monday through Friday, excluding federal (U.S.) holidays. However, the Service will generally still be available online on non-business days.
23. Comments/Questions
Questions, notifications, and requests for further information can be sent to Providers, as follows: online at https://www.xoom.com/support; by telephone at 1-877-815-1531 (outside the United States, call +1 (415) 281 4290); by fax at 415-777-8690; or by mail at 301 Brannan Street, 5th Floor, San Francisco CA 94107 USA; Attn: Customer Service. Please report any violations of the TOS to help@xoom.com.
Last updated: December 23, 2007. To check for any latest update of Xoom Corporation's Terms of Service, visit: https://www.xoom.com/tos/
Xoom.ph Disclaimer
Xoom.ph is an authorized affiliate marketer or goods and services of Xoom Corporation through the Commission Junction network.
Xoom.ph is not owned by Xoom Corporation and is not bound to any corporate by-laws that apply to Xoom Corporation. Xoom.ph is an independent affiliate marketing entity.
Xoom.ph provides sales to Xoom Corporation where Xoom.ph is paid a referral fee per successful sale. Xoom.ph shall not be responsible to any loss due to the purchase of goods or services rendered by Xoom Corporation.
Privacy Policy
This Privacy Disclosure is effective as of 2007-04-04, and explains the privacy policies of MetaBank and Xoom Corporation (each, a "Provider"). We are committed to protecting our customers' privacy and security. This disclosure explains what information we collect about you, with whom we share it, and how you can direct us not to share certain information with certain parties. You should read this Privacy Policy in its entirety. Certain sections may apply differently to residents of different jurisdictions.
DEFINITIONS
We, our, and us means MetaBank and Xoom Corporation
You and your means customers who access and use this Web site and the services associated with it pursuant to the applicable Terms of Service.
Nonpublic personal information means information about you that we collect in connection with providing a financial product or service to you. Nonpublic personal information does not include information that is available from public sources, such as telephone directories or government records. Hereafter we will use the term "information" to mean nonpublic personal information as defined by this section.
Affiliate means a company that a Provider owns or controls, a company that owns or controls a Provider, or a company that is owned or controlled by the same company that owns or controls a Provider. Ownership does not mean complete ownership, but means enough to have control.
Nonaffiliated third party means a person not employed by a Provider or a company that is not an affiliate of such Provider.
Opt out means a choice you can make to prevent certain sharing or use of information. We will explain how you can exercise this choice.
INFORMATION WE COLLECT AND DISCLOSE
We collect and may disclose the following information about you:
- Information you provide on applications or other forms, such as name, address, e-mail address, social security number, telephone number, and date of birth;
- Information about your transactions with us, our affiliates, or other parties, such as account balance, payment history, parties to transactions, and card usage; and
- Information we receive from a consumer reporting agency, such as verification of your identity and creditworthiness.
We may also collect and disclose information about how users use this Web site, for example, by tracking unique views received by pages of the Web site or the domains from which users originate. This information is not personally identifiable. We may also use "cookies" to track returning users to our Web site. A cookie is a piece of software that a Web server can store on the users' PCs and use to identify the users should they visit the Web site again. Information collected may be associated with nonpublic personal information users provide us through this Web site.
INFORMATION WE SHARE WITH SERVICE PROVIDERS OR JOINT MARKETERS
We may disclose all of the information we collect, as described above, to companies (including affiliates) that perform services on our behalf, including those who assist us in preparing and mailing statements and responding to customer inquiries. We may provide that information, except for information from consumer reporting agencies, to others who perform marketing services for us and to financial institutions that are not our affiliates with whom we jointly offer financial products or services. You do not have the right to opt out of the disclosure of this information.
INFORMATION WE SHARE WITH AFFILIATES
Our affiliates include nonfinancial companies, and may include financial service providers, such as insurance companies. In addition to the information we share with affiliates that provide services to us, we may share information described above among affiliates in order to provide you with information about additional products and services. You have the choice to opt out from our sharing of certain information with affiliates.
INFORMATION WE SHARE WITH NONAFFILIATED THIRD PARTIES
Non-California residents: We may disclose information to other nonaffiliated third parties such as other financial services providers, direct marketers, retailers, publishers, and nonprofit organizations. Except as otherwise described herein, you have the choice to opt out from our sharing of certain information with these types of third parties. You may opt out from Xooms information sharing (except information sharing permitted by law) by contacting us by email at https://www.xoom.com/static/help-contact.html ; fax at 415-777-8690; or by mail at Xoom Corporation, attn: Customer Service, 301 Brannan Street, 5th Floor, San Francisco CA 94107 USA. You may opt-out from Xooms emails to you by accessing your E-mail Preferences.
California and Vermont residents: Except as otherwise described herein or as otherwise permitted by law, we will not disclose information to other nonaffiliated third parties. You may opt in to our sharing of certain information with nonaffiliated third parties by contacting us by email at https://www.xoom.com/static/help-contact.html ; fax at 415-777-8690; or by mail at Xoom Corporation, attn: Customer Service, 301 Brannan Street, 5th Floor, San Francisco CA 94107 USA. For Vermont residents, if we disclose information about you to nonaffiliated third parties with whom we have joint marketing agreements, we will only share information about your name, contact information, and our own transactions and experiences with you.
YOUR RIGHT TO OPT-OUT OF DISCLOSURES TO THIRD PARTIES
If you prefer that we not share nonpublic personal information about you with third parties, you may opt-out of those disclosures at any time by directing us not to make those disclosures (other than disclosures permitted or required by law). You may opt-out by accessing your E-mail Preferences.
INFORMATION SECURITY
We restrict access to nonpublic personal information about you to our employees who have a need to know such information (e.g., to process your transactions). We train our employees on the importance of customer privacy and confidentiality. We also maintain physical, electronic, and procedural safeguards that comply with federal standards to guard the nonpublic personal information of our customers.
INFORMATION ABOUT FORMER CUSTOMERS
The privacy policies and practices described in this Privacy Disclosure also apply to our former customers.
PRIVACY PRACTICES OF THIRD PARTIES
Our website may feature links to third-party sites that offer goods, services, or information. We are not responsible for content or privacy policies or practices of any advertisers or linked sites of any third parties. We encourage you to review their privacy policy before providing them with any personally identifiable information. Third party sites may collect and use information about you in a way that is different from this policy.
ACCESS OR CORRECT YOUR INFORMATION
You can access most of your nonpublic personal information that we collect online and maintain at xoom.com. You can correct factual errors in your nonpublic personal information by contacting us at the number or address listed above.
CHANGES TO THIS PRIVACY DISCLOSURE
We may change our Privacy Disclosure from time to time. We will provide current customers with a revised disclosure that describes the new practices should we broaden our information sharing practice about you.
SPECIAL NOTICE FOR CALIFORNIA RESIDENTS
In order to comply with California law, if your account has a California address we will not disclose information that we have about you with non-financial companies outside of our family of companies, unless otherwise permitted by law.
SPECIAL NOTICE FOR VERMONT RESIDENTS
In order to comply with Vermont law, if your account has a Vermont address we will not disclose nonpublic personal financial information about you to nonaffiliated third parties, other than permitted by law, unless you authorize us to make that disclosure. Your authorization must be in writing or, if you agree, in electronic form. If we disclose information about you to nonaffiliated third parties with whom we have joint marketing agreements, we will only share information about your name, contact information, and our own transactions and experiences with you.
QUESTIONS
If you have any questions regarding this Privacy Disclosure, you can contact us by telephone at 1-877-815-1531; by fax at 415-777-8690; or by mail at Xoom Corporation, attn: Customer Service, 301 Brannan Street, 5th Floor, San Francisco CA 94107 USA.
COMPLAINTS
For Texas Customers Only: After first contacting Xoom Corporation, if you still have an unresolved complaint regarding the company's money transmission or currency exchange activity, please direct your complaint to: Texas Department of Banking, 2601 North Lamar Boulevard, Austin, Texas 78705, 1-877-276-5554 (toll free), http://www.banking.state.tx.us
Last updated: December 23, 2007. To check for any latest update of Xoom Corporation's Privacy Policy, visit: https://www.xoom.com/privacy/
Security Encryption
All transactions are secured using SSL/TLS encryptions with verified digital certifications issued by Verisign. No actual transactions are processed on the domain www.xoom.ph and secured encryptions are enabled once transfered to Xoom Corporation on www.xoom.com.
Before entering any payment information, make sure the URL has changed to the https:// protocol and not http:// and the Verisign logo is visible below the page. These automatically appear before you are requred to enter any important information.