Terms and Conditions - United States - Walmart

W2W Domestic US Service Terms and Conditions

Last updated: November, 2019

The following terms and conditions [together with any documents referred to therein (including without limitation any receipts for your money transfer transactions), the “Terms”] represent a contract between you and Dandelion Payments, Inc. doing business as Ria Money Transfer (or Ria Financial Services Puerto Rico, Inc. in the case of money transfer transactions originating in Puerto Rico) and apply to your use of the Walmart-2-Walmart domestic money transfer service (the “Service” or “Services”) available at Wal-Mart Stores, Inc. locations (“Walmart”). In these Terms, "Service Fee" is defined as the fee charged in connection with the money transfer; "you," "your," “customer” and "user" refer to the person giving this consent and sending funds; and “Ria,” “we” and “us” refers to Dandelion Payments, Inc. doing business as Ria Money Transfer (or Ria Financial Services Puerto Rico, Inc., in the case of money transfer transactions originating in Puerto Rico).

Ria may change from time to time, in its sole discretion, and without prior notice to you or any user, the Terms for the Service including these Terms. Any changes to the Terms for the Service shall become effective upon the "last updated" date at the beginning of the respective Ria Terms -- please review these documents periodically to familiarize yourself with the most current version.

CONSUMER FRAUD ALERT: WIRING MONEY IS JUST LIKE SENDING CASH. PROTECT YOURSELF FROM FRAUD BY SENDING MONEY ONLY TO PERSONS YOU KNOW OR CAN OTHERWISE VERIFY TO BE TRUSTWORTHY. CLICK HERE TO LEARN MORE ABOUT SENDING MONEY SAFELY WITH RIA. IF YOU BELIEVE YOU ARE THE VICTIM OF FRAUD OR A SCAM, PLEASE CONTACT US IMMEDIATELY AT 855-355-2145 OR BY EMAIL AT FRAUDPREVENTION@RIAMONEYTRANSFER.COM AND CONTACT YOUR LOCAL LAW ENFORCEMENT AUTHORITIES.

1. E-SIGN Consent Agreement (applicable if you access the Services via mobile device or computer)

1. Consent to use Electronic Records, Notices and Communications

As part of your relationship with Ria, you are entitled to receive certain information, such as notices, disclosures and statements in writing. To help with our efforts to protect the environment, and to facilitate mobile use of our service, we ask that you give us permission to provide these notices, disclosures and statements to you electronically; otherwise we will be required to furnish them to you in paper form.

2. Your consent to use electronic records and your right to withdraw consent.

To the extent permitted by law, you consent to receiving in electronic form all of the disclosures we would otherwise be required to provide to you in paper form, including those listed below. Your consent will remain in effect until you withdraw it. You may withdraw your consent to receive further notices or disclosures electronically at any time by contacting us toll-free at 1-877-443-1399 at no charge and providing your name and mobile phone number or e-mail address and telling us you are withdrawing your consent. If you withdraw your consent to receive electronic notices, your account will be closed.

3. Your consent covers the following documents

Your consent applies to all of the disclosures we would otherwise be required to provide you in paper form, including, but not limited to: receipts for your money transfer transaction, terms and conditions applicable to your money transfer transaction (such as their terms of use), any updates or changes in those documents, and other informational mailings regarding your transactions or ways to protect your account.

4. You must keep your e-mail or electronic address current with us.

In order to ensure that we are able to provide notices, disclosures and statements to you electronically, you must notify us of any change in your e-mail or other electronic address and any change in your mobile phone number. To update the e-mail address or mobile phone number we have on record for you, simply:

1. Contact us at 1-877-443-1399.
2. Follow the instructions found on the Walmart application accessible on your mobile device (the “Walmart App).

5. Hardware and software you will need.

To access and retain the electronic notices, disclosures and statements provided to you via a mobile device, you must have:

• A mobile device with any of the following operating systems: Android or iOS (iPhone).
• A data plan provided by your wireless carrier and an up-to-date mobile internet browser that is compatible with, and supported by, your operating system (e.g., Chrome or Safari).
• If you wish to view .pdf files on your mobile device, you will need software that accurately reads and displays .pdf files (such as the mobile version of Adobe Reader).
• A printer to print out and retain records on paper, or electronic storage if you wish to retain records in an electronic form. You should retain a copy of all of the notices, disclosures and statements we sent to you electronically.

To access and retain the electronic notices, disclosures and statements provided to you via a computer, you must have:

• A computer system that operates on a platform like Windows or Mac environment or better
• A connection to the Internet
• A current version of Internet Explorer 8 (or higher) or Mozilla Firefox 7.0, Safari 5 or Chrome 15 (Users utilizing other browsers may experience compatibility difficulties)
• A current version of a program that accurately reads and displays PDF files, such as Adobe Acrobat Reader version 7 or higher
• A computer or device and an operating system capable of supporting all of the above, and
• A printer to print out and retain records on paper, or electronic storage if you wish to retain records in an electronic form. You should retain a copy of all of the notices, disclosures and statements we sent to you electronically.

By "current version," we mean a version of the software that is currently being supported by its publisher.

We reserve the right to discontinue support of a current version of software if, in our opinion, it suffers from a security or other flaw that makes it unsuitable for use with your account. And we always reserve the right, in our sole discretion, to communicate with you via the U.S. Postal Service.

Please indicate your consent to receive and use electronic records, communications and notices by clicking on the "ACCEPT & CONTINUE" button required to continue your use of the Service. By providing your consent, you are also confirming that you have the hardware and software described above, that you are able to receive and review electronic records, and that you have an active e-mail account. You are also confirming that you have read and understand this consent to use electronic records, communications, notices and signatures, and that you are authorized to, and do, consent on behalf of all the other co-owners of your account.

2. Other Terms and Conditions THE SERVICE

Ria provides customers with the ability to send funds ("Money Transfer") to designated beneficiaries thereof (each a "Beneficiary") in many countries around the world. In order to send funds, you may be required to provide Ria with information necessary for us to verify your identity to complete the Money Transfer in compliance with US federal and state laws and regulations. When required by applicable law, Money Transfers will be reported to federal, state, local or foreign authorities. For information regarding the use of your information, please read Ria's Privacy Policy. After Ria has completed the screening for proper compliance with the various applicable laws and regulations, the funds will promptly be made available to the Beneficiary for pick up. The speed of payment of a Money Transfer varies depending on a variety of factors, including but not limited to, the amount of the transaction, the restrictions of the point-of-payment, and/or the accuracy of the information provided by the user. Money Transfers will normally be paid to the Beneficiary in cash. Ria reserves the right, in its sole discretion, to: (i) reject a proposed Money Transfer; (ii) limit the amount of a Money Transfer; (iii) require additional information to complete a Money Transfer; and/or (iv) take reasonable measures with respect to a Money Transfer in an effort to comply with applicable laws and regulations. These factors may result in a delay in the date available indicated for your Money Transfer. For specific information regarding your Money Transfer, please contact Ria's Customer Service Department, (877) 443-1399.

SERVICE FEE

In the event that you avail yourself of the Service by staging your Money Transfer on the Walmart App, for subsequent payment at a physical Walmart retail location, the Service Fee actually due at the time of payment may differ from the Service Fee indicated at the time the Money Transfer was staged on the Walmart App due to a variety of factors, such as: the number of days between the date you entered and saved the transaction through the Walmart app and the date you appeared at a Walmart location to make the payment, or taxes that may be applicable in the state where you seek to make the payment.

REFUNDS

Refunds Applicable to Money Transfers – All States.

Refunds of the Money Transfer amount, and subsequent cancellation of the underlying transaction, will be made upon your valid written request if payment of the Money Transfer has not yet been made to the Beneficiary at the time the refund request is processed by Ria. To stop a payment, Ria will first have to check with Walmart to determine whether payment of the Money Transfer has been made to the Beneficiary. If Ria can confirm that payment has not been made, the funds will be returned and Ria will refund such amount to the customer including the Service Fee. Except in the case of events beyond Ria's control, RIA will refund the transfer amount plus fees and taxes for requests received within sixty (60) days of the order date. If you lose your receipt you will only be eligible for a refund of the transfer amount. RIA will only process refunds in the same state the transaction was conducted. RIA will refund only the transfer amount for requests received after sixty (60) days from the order date.

Right-to-Refund (Applicable to Money Transfers Originating in California):

You, the customer, are entitled to a refund of the money to be transmitted as the result of this agreement if Ria does not forward the money received from you within ten (10) days of the date of its receipt, or does not give instructions committing an equivalent amount of money to the person designated by you within ten (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 moneys shall be forwarded or transmitted are not complied with and the money has not yet been forwarded or transmitted you have a right to a refund of your money.

If you want a refund, you must mail or deliver your written request to Ria at 7000 Village Drive, Suite 200, Buena Park, CA 90621. 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 2102 of the California Financial Code.

LIMITATION OF LIABILITY

EXCEPT AS OTHERWISE REQUIRED BY LAW, RIA'S LIABILITY IS LIMITED TO THE U.S. DOLLAR AMOUNT SHOWING ON THE FACE OF YOUR RECEIPT FOR YOUR MONEY TRANSFER TRANSACTION, INCLUDING ANY SERVICE FEE BY RIA. EXCEPT AS PROVIDED IN THE PREVIOUS SENTENCE, IN NO EVENT SHALL RIA BE LIABLE TO YOU OR ANY PARTY FOR ANY DAMAGES INCLUDING WITHOUT LIMITATION, ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, OR LOSS OF SAVINGS), OR ANY OTHER DAMAGES ARISING - IN ANY WAY, SHAPE OR FORM - OUT OF THE AVAILABILITY, USE, RELIANCE ON, OR INABILITY TO UTILIZE THE SERVICE, OR THE LATE DELIVERY OR NON-DELIVERY OF YOUR PAYMENT ORDER, MESSAGES OR REFUNDS EVEN IF RIA SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE ABOVE EXCLUSIONS OF INCIDENTAL AND CONSEQUENTIAL DAMAGES MAY NOT APPLY TO YOU, BUT SHALL APPLY, IN ANY EVENT, TO THE MAXIMUM EXTENT POSSIBLE. NO PERSON IS AUTHORIZED TO ALTER OR WAIVE THE TERMS OF THIS AGREEMENT ON RIA'S BEHALF.

INDEMNIFICATION

YOU EXPRESSLY AGREE TO INDEMNIFY AND HOLD RIA, AND ITS SUBSIDIARIES, AFFILIATES, SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CORRESPONDENTS, CO-BRANDERS OR OTHER PARTNERS HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS' AND EXPERTS' FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR INFORMATION, YOUR USE OF OR CONNECTION TO THE SERVICE OR THE RIA WEB SITE, YOUR VIOLATION OF THE TERMS OF THE SERVICE, OR YOUR VIOLATION OF ANY RIGHTS OF ANY OTHER USER OR OTHER THIRD PARTY.

DISPUTE RESOLUTION

Any dispute, claim or controversy of any kind arising out of or relating to a Money Transfer, the Services or these Terms or the breach thereof shall be settled exclusively by arbitration administered by the American Arbitration Association ("AAA") in accordance with its Commercial Arbitration Rules including the Optional Rules for Emergency Measures of Protection. The AAA Rules are available online at www.adr.org or by calling AAA at 1-800-778-7879. This arbitration provision is made pursuant to a transaction involving interstate commerce, and the Federal Arbitration Act (the "FAA") shall apply to the construction, interpretation, and enforceability of this provision notwithstanding any other choice of law provision contained in these Terms. You should review this arbitration provision carefully. This provision limits your and Ria's ability to litigate claims in court and you and Ria each agree to waive our respective rights to a jury trial. Any arbitration under this provision shall take place on an individual basis; class arbitrations and class actions are not permitted. You will not have the right to participate as a class representative, private attorney general, or as a member of any class of claimants for any claim subject to arbitration. A claim by, or on behalf of, other persons will not be considered in, joined with, or consolidated with, the arbitration proceedings between you and us. Any dispute regarding the prohibitions in the prior sentence shall be resolved by the arbitrator in accordance with this arbitration provision.

Each party retains the right to seek judicial assistance: (a) to compel arbitration; (b) to obtain provisional or ancillary remedies or measures of protection prior to or pending arbitration; (c) to seek injunctive relief in the courts of any jurisdiction as may be necessary and appropriate to enforce intellectual property rights; and (d) to enforce any decision of the arbitrator, including the final award. In no event shall any party be entitled to punitive, exemplary or similar damages.

If any portion of this arbitration provision is deemed invalid or unenforceable, the remaining portions of this arbitration provision will remain valid and enforceable. This arbitration provision shall survive expiration or termination of the Agreement.

SPECIFIC STATE DISCLOSURES

Dandelion Payments, Inc. dba Ria Money Transfer (NMLS ID 920968):

Licensed as a Money Transmitter by the New York State Department of Financial Services

Licensed by the Georgia Department of Banking and Finance, NMLS ID 920968

Licensed by the Connecticut Department of Banking, NMLS MT-920968

Ria Financial Services Puerto Rico, Inc. (NMLS ID 1686588):

Licensed as a Money Transmitter by the Office of the Commissioner of Financial Institutions, OCIF License Number TM-031/NMLS ID 1686588

PRIVACY

Ria does not disclose nonpublic personal information about its consumers or former consumers to anyone, except as permitted by law. The law permits disclosure of nonpublic personal information, for example, where it is necessary to effect, administer, or enforce a transaction requested or authorized by the consumer, or in connection with the servicing or processing of a financial product or service requested or authorized by the consumer. The law also permits such sharing where it is released to protect the confidentiality or security of our records pertaining to our consumers, the services or products we offer, or the transactions we process or handle. The law also allows for the release of nonpublic personal information to protect against or prevent actual or potential fraud, identity theft, unauthorized transactions, claims or other liability, as well as for resolving consumer disputes or inquiries. The law further allows the release and/or disclosure of nonpublic personal information to comply with federal, state or local laws or regulations or other legal requirements, such as subpoenas or other legal processes. This list of examples of the types of sharing of information that is permitted by law is not meant to be comprehensive, but provides you with some basic information on some of the types of sharing permitted by law.

Ria does not sell to or exchange consumer lists or consumer information with third parties.

Click here to read our Privacy Policy.

All information provided by you directly to Walmart prior to selecting Ria as the service provider for your money transfer transaction(s) is subject to the Walmart Privacy Policy. For further details, Click Here to read the Walmart Privacy Policy.