Terms and Conditions
Golden Money Transfer User Agreement
BY CONSENTING TO THIS USER AGREEMENT, YOU AGREE TO ARBITRATE ANY DISPUTE BETWEEN YOU AND GOLDEN MONEY TRANSFER, INC. RELATED TO THIS AGREEMENT. YOU FURTHER AGREE TO WAIVE ANY RIGHT TO PARTICIPATE IN ANY CLASS ACTION RELATED TO THIS AGREEMENT. PLEASE READ THIS AGREEMENT CAREFULLY BEFORE UTILIZING THE GMT SERVICES.
Last updated: June 24h, 2021.
This Golden Money Transfer User Agreement (this "Agreement") is effective as of June 24th, 2021, under which you may use the services provided by GOLDEN MONEY TRANSFER, INC. ("GMT").
This Agreement is a legally binding agreement between you and GMT, and shall apply to your use of the GMT international money transmission service made available through the GMT App or website (the "Service/s").
In this Agreement,
1. "you" or "your" means any person ("Users") using the Service; "we" or "us" or "our" means GMT, a licensed money transfer company approved by 32 states in the United States of America.
1. "partner" or “partners” means any third-party service provider engaged by GMT for facilitating the provision of the service/s, including but not limited to any correspondent agents of GMT.
2. Any term otherwise not defined in this Agreement shall have the meaning generally applied to such terms in the particular context wherein they are used.
1. The Service is provided by GMT. By using the Service, you consent to becoming a customer of GMT and further consent to GMT processing and retaining your personal and financial data to provide the Service to you and to comply with applicable law.
2. Once you authorize your transaction, your funds will be controlled at all times by GMT.
II. YOUR CONSENT
Golden Money Transfer, Inc.
739 Fourth Ave #204,
San Diego, California 92101, USA,
email at firstname.lastname@example.org or call 1-888-702-5656
III. ELIGIBLE USERS
In order to access and use the website and avail yourself of any Service you must be an individual of at least 18 years of age who can enter into legally binding contracts under applicable law. If you do not qualify, you may not access or use the Service.
1. You agree to pay us the transaction amount for every transaction that you place in the Service. Additional charges may apply. Payment is due at the time your transaction is submitted for processing. You agree to reimburse us all fees if you submit a Transaction that results in being charged for non-sufficient fund fees, chargeback fees, or other similar fees.
2. You can find a list of all fees on the Long Form Disclosure and a summary fee disclosure required by the Consumer Financial Protection Bureau on the Short Form Disclosure. For clarity, the fees applicable to you on the Pricing Page form part of this Customer Agreement and are subject to change.
3. You are responsible for any taxes which may be applicable to payments you make or receive, and it is your responsibility to collect, report and pay the correct tax to the appropriate tax authority.
4. By making any transaction with the Service, you authorize GMT and/or its agents to debit the amount (including transaction fees and any other applicable fees) from your account.
5. In case if you fail to make payment and your transaction is already delivered to your Beneficiary, we have the right to take all possible actions to recover the payment, to the extent permitted by law. Your failure to fully pay amounts that you owe us is a material breach of this Agreement and you will be liable for our costs associated with recovery and collection in addition to the amount owed, including without limitation attorneys’ fees and expenses, costs of any arbitration or court proceeding, collection agency fees, and any applicable interest.
V. PAYOUT AND DELIVERY
1. All Payouts of your remittance funds to the beneficiary will be made by GMT through its partners or it’s Correspondent Agents in the destination country defined by you at the time of creation of transaction. You authorize us to make all such Payouts, and are solely responsible for any consequence that may come forth upon credit of the payment by us into the account of the beneficiary as determined at the time of entering the transaction.
2. Your beneficiary will be required to provide us with the copy of their Identity (Government Issued ID Card) before receiving funds in their bank account. You give us permission to contact your beneficiary and store all such data as necessary to provide the Service and to comply with applicable law.
3. You represent that the Beneficiary determined by you accepts the agency appointed by you as per the terms of this User Agreement to receive the funds transferred using the service.
4. You are required to verify that the bank account information of the beneficiary is correct prior to submitting your Transaction. We are not responsible for detecting inaccuracies related to beneficiary bank account information you submit to us. If the bank account information and bank details of the beneficiary are incorrect, the funds may be credited to the wrong bank or beneficiary and may not be recovered. We or our partners shall not be liable for such wrong delivery of funds.
VI. OTHER TERMS
1. We shall not be under any duty to assess the prudence or otherwise of any instruction or transaction given or entered into by you.
2. We reserve the right to hold and/or reject any transaction requested by you via the Service at our sole discretion and without any obligation to disclose such reason to you.
3. We shall be entitled, in our sole and absolute discretion, to refuse to comply with all or any of your instructions without assigning any reason.
4. We shall have the right to, and you hereby authorize us to, verify any information provided by you. As a standard know-your-customer ("KYC") check we may be required to verify your identity details.
5. We represent, and you agree that, we may make money while converting your U.S. dollars into the local currency of the destination country where the beneficiary determined by you at the time of creation of transaction resides in, in addition to the transaction fee.
6. You are not entitled to any interest or any other income that may arise on your monies which are held by GMT.
VII. ACCEPTABLE USE POLICY
1. You may not use the Services to engage in the following categories of activity ("Prohibited Uses"). The specific types of use listed below are representative, but not exhaustive. If you are uncertain as to whether or not your use of the Services involves a Prohibited Use, or have questions about how these requirements apply to you, please contact us at email@example.com. By using GMT services, you confirm that you will not use them to do any of the following:
2. Prohibited Jurisdictions: Activity which would enable access to the Services from any Prohibited Jurisdiction.
3. Unlawful Activity: Activity which would violate, or assist in violation of, any law, statute, ordinance, or regulation, sanctions programs administered in the countries where GMT conducts business, including the U.S. Department of Treasury's Office of Foreign Assets Control ("OFAC"), or which would involve proceeds of any unlawful activity; publish, distribute or disseminate any unlawful material or information;
4. Abuse Other Users: Interfere with another individual's or entity's access to or use of any Services; defame, abuse, extort, harass, stalk, threaten or otherwise violate or infringe the legal rights (such as rights of privacy, publicity and intellectual property) of others; incite, threaten, facilitate, promote, or encourage hate, racial intolerance, or violent acts against others; harvest or otherwise collect information through the Services about others, including email addresses, without proper consent;
5. Fraud: Activity which operates to defraud GMT, GMT´s users, or any other person; provide any false, inaccurate, or misleading information to GMT;
6. Gambling: Lotteries; bidding fee auctions; sports forecasting or odds making; fantasy sports leagues with cash prizes; Internet gaming; contests; sweepstakes; games of chance; an
7. Intellectual Property Infringement : Engage in transactions or post, upload, publish, submit or transmit any User Content involving items that infringe or violate any copyright, trademark, trade secret, moral rights, right of publicity or privacy or any other proprietary right under the law, including sales, distribution, or access to counterfeit music, movies, software, or other licensed materials without appropriate authorization from the rights holder; use of GMT intellectual property, name, or logo, including any Mark, without written consent from GMT, or in a manner that otherwise harms GMT or the GMT brand; any action that implies an untrue endorsement by or affiliation with GMT;
8. Cartels or crime syndicates;
9. Encouraging or Enabling Others to Commit any Prohibited Use: Activity that may encourage or enable any other individual to do any of the foregoing.
10. Counterfeit or Unauthorized Goods: Unauthorized sale or resale of brand name or designer products or services; sale of goods or services that are illegally imported or exported or which are stolen;
11. Regulated Products and Services: Marijuana dispensaries and related businesses; sale of tobacco, e-cigarettes, and e-liquid; online prescription or pharmaceutical services; age restricted goods or services; weapons and munitions; gunpowder and other explosives; fireworks and related goods; toxic, flammable, and radioactive materials; products and services with varying legal status on a state-by-state basis;
12. Drugs and Drug Paraphernalia: Sale of narcotics, controlled substances, and any equipment designed for making or using drugs;
13. Pseudo-Pharmaceuticals: Pharmaceuticals and other products that make health claims that have not been approved or verified by the applicable local and/or national regulatory body;
14. Substances designed to mimic illegal drugs: Sale of a legal substance that provides the same effect as an illegal drug;
15. Adult Content and Services: Pornography and other obscene materials (including literature, imagery and other media); sites offering any sexually-related services such as prostitution, escorts, pay-per view, adult live chat features;
16. Multi-level Marketing: Pyramid schemes, network marketing, and referral marketing programs;
17. Unfair, predatory or deceptive practices: Investment opportunities or other services that promise high rewards; sale or resale of a service without added benefit to the buyer; resale of government offerings without authorization or added value; sites that we determine in our sole discretion to be unfair, deceptive, or predatory towards consumers; and
18. High risk businesses: any businesses that we believe poses elevated financial risk, legal liability, or violates card network or bank policies (to the extent applicable).
VIII. ERROR RESOLUTION
1. You have the right to dispute errors in your transaction. If you think there is an error, contact GMT within 180 days at 1-888-702-5656 or https://www.gmtnorthamerica.com/contact-us/. You can also contact us for a written explanation of your rights. You can cancel for a full refund within 30 minutes of payment unless the funds have been picked up or deposited. For questions or complaints about Golden Money Transfer, Inc., contact firstname.lastname@example.org.
2. To resolve an error or file a complaint, please contact GMT Customer Service before contacting the state licensing division as indicated on the list below with a complaint:
Golden Money Transfer, Inc.
Golden Money Transfer, Inc.
Attn: Manager, Customer service
739 4th Avenue, Suite 204
San Diego, CA 92101
Consumer Financial Protection Bureau
IX. SYSTEM MAINTENANCE
The Service may be temporarily unavailable from time to time during routine system maintenance and updates. During times when the Service is unavailable due to system maintenance, GMT will queue your transaction and send once the Service is available, which may result in longer transaction times. You agree to relieve us from any liability or losses that may be associated with such maintenance or updates.
THE SERVICE IS PROVIDED "AS IS" AND “AS AVAILABLE”, WITHOUT ANY REPRESENTATION OF WARRANTY, WHETHER EXPRESS, IMPLIED OR STATUTORY. USE OF THE SERVICES IS AT YOUR OWN RISK. WE AND OUR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, PARTNERS AND SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON- INFRINGEMENT. WE DO NOT REPRESENT OR WARRANT THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, BE CONTINUOUS, UNINTERRUPTED, SECURE, TIMELY, OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. WE SHALL NOT BE RESPONSIBLE FOR ANY SERVICE INTERRUPTIONS OR SYSTEM FAILURES THAT MAY AFFECT THE PROCESSING, COMPLETION OR SETTLEMENT OF TRANSACTIONS. THIS DISCLAIMER OF WARRANTY SECTION SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. FUNDS ASSOCIATED WITH USER ACCOUNTS USING THIS SERVICE ARE HELD WITH GMT ONCE TRANSFERRED TO GMT.
XI. FORCE MAJEURE
You understand and agree we will not be held responsible for losses or damages resulting from suspension of the Service due to extraordinary events or circumstances beyond our control. In the event of a force majeure event, we may suspend access to the Service.
XII. ASSIGNMENT, AMENDMENTS AND WAIVERS
1. You may not transfer or assign any rights or obligations you have under this Agreement. We reserve the right to transfer or assign any rights or obligations under this Agreement at any time without your consent.
2. We may amend this Agreement at any time by posting a revised version on GMT´s website or within the GMT app. All amendments will be effective immediately after they are posted.
3. No provision of this Agreement shall be deemed waived by us, unless such waiver is in writing and signed by us. Our failure to enforce at any time any of the provisions of the Agreement, or the failure to require at any time performance by us of any of the provisions of the Agreement, shall in no way be construed to be a present or future waiver of such provisions, nor in any way affect the ability of a party to enforce each and every such provision thereafter.
1. You shall indemnify, defend, and hold GMT, and its partners harmless from and against any and all claims, damages, liabilities, costs and expenses (referred to collectively herein as "Indemnity Claim(s)"), including reasonable attorneys' fees, arising out of your failure to perform, or cause to be performed, your obligations under this Agreement.
2. Indemnification privileges shall survive the termination of this agreement.
XIV. LIMITATION OF LIABILITY
Neither party will be liable for:
1. any loss or damage due to causes beyond its control, including but not limited to earthquake, war, fire, flood, terrorism, power failure, acts of God or other catastrophes.
2. any special, consequential, indirect or similar damages under or in connection with this Agreement including but not limited to loss of profits even if a party has been advised of the possibility of such damages.
3. GMT shall not be liable for your funds once transferred by GMT pursuant to your instructions, as all such funds are then held and controlled exclusively by GMT.
4. Our and our Partner’s liability towards you related to your use of the Service, at any point of time, shall not exceed the amount of transaction initiated by you using the Service.
XV. GOVERNING LAW AND ARBITRATION
1. This User Agreement is formed under and shall be interpreted in accordance with the laws of the State of California.
2. This User Agreement is governed by all applicable state and federal laws and regulations, except to the extent that this Agreement can and does vary from such laws. If any of the terms of this User Agreement cannot be legally enforced, they will be considered modified to the extent necessary to comply with applicable law. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity or enforceability of the rest of this User Agreement.
3. If a dispute arises between you and GMT, our goal is to learn about and address your concerns. If we are unable to do so to your satisfaction, we will provide you with a neutral and cost effective means of resolving the dispute quickly. Disputes between you and GMT regarding the Service may be reported to Customer Service by telephone at 1-888-702-5656; by fax at 619-702-7378; or by mail at Golden Money Transfer, Inc., Attn: Customer Service, 739 4th Avenue, Suite 204, San Diego, CA 92101, USA.
4. Customers agree that any and all claims, disputes or controversies that arise out of or are based on the Service, or User Agreement, or involving claims of fraud or misrepresentation, or otherwise, will be resolved by binding arbitration by the American Arbitration Association. This agreement to arbitrate will apply no matter by whom or against whom the claim is made. Any arbitration hearing, if one is held, will take place in San Diego, California. This arbitration agreement is made pursuant to a transaction involving interstate commerce and will be governed by the Federal Arbitration Act, 9 U.S.C. Sections 1-16. You agree to submit to the personal jurisdiction of the courts located within San Diego County, California for the purpose of litigating all such claims or disputes. This arbitration agreement will survive the termination of this User Agreement and the surrender, termination or discontinuance of the Service.
5. To the extent permitted by law, Customer agrees not to bring, join or participate in any class action with regard to any claim, dispute or controversy Customer may have against GMT, its employees, officers, directors or agents.
6. For any claim, excluding those made for injunctive or other equitable relief, where the total amount of the award sought is less $1,000 USD, the party requesting the relief may elect to resolve the dispute in a cost-effective arbitration. If a party chooses arbitration, that party will initiate such arbitration through an established alternative dispute resolution provider mutually agreed upon by the parties. The chosen provider and the parties must comply with the following rules: a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
7. All claims you bring against GMT must be resolved in accordance with the Indemnification and Limitation of Liability sections of this User Agreement. GMT may recover attorneys’ fees and costs up to $1,000 USD.
XVI. REFUND AND CANCELLATION OF REMITTANCE PAYMENT
1. All refunds of your monies shall be made by GMT as per its Terms and Conditions.
2. You may cancel your Transaction for a full refund within 30 minutes of creating your Transaction, unless the funds have already been paid out to the Beneficiary. After 30 minutes, a refund will not be provided unless your Transaction was not processed according to your instructions or we were unable to pay out the Transaction. To request a refund, please contact Customer Service at the details provided below.
3. Refunds will be credited to the same Mode of payment used to pay for the Transaction. Refunds are only made in U.S. Dollars. Refund amounts will not be adjusted to account for changes in the value of the U.S. Dollar or foreign currency from the time your Transaction was submitted.
4. The amount of funds that is returned to you shall be the amount after deducting any service charges and other expenses incurred while refunding the funds.
5. If we determine to refund remittance payment funds to you, these funds may be returned to you at the exchange rates established by us on the date of return. This amount may be different than the original amount that was sent. We shall not be liable to you for any loss occurred due to cancellation or refund of a remittance payment.
XVII. STATE SPECIFIC INFORMATION
Golden Money Transfer, Inc is a license money transmitter in various states and territories of the United States of America. If you are a resident of certain states, you may have additional rights under such state’s laws. Please see applicable state legal information along with state regulators at the end of this document.
XVIII. TERMINATION AND SURVIVAL
1. This agreement shall be effective from the date you agree to it as set out above and shall be applicable so long you use the service.
2. Discontinuance of use of this service shall not be deemed termination of this agreement. You may terminate this agreement by contacting us using the contact details listed below. We reserve the right to terminate the agreement without giving any prior notice to you.
3. We may restrict your access to the Service, for any reason, including:
- your violation of this Agreement,
- your violation of the terms of services of any of the partners,
- Service use inactivity or our assessment that you pose an unacceptable risk to our network, based on our confidential risk and security criteria.
Termination of your account or termination of this agreement does not relieve you of your liability for any losses incurred by us owing to your conduct during your use of the Service.
1. We may give notice to you by e-mail, letter, telephone or any other means as deemed fit to the e-mail address/address/telephone number registered in our system. Notices under this Agreement may be given by you in writing by delivering them by hand or by sending them by post to the address mentioned in this Agreement. We may, but shall not be bound to, act upon notices and instructions given by you via e-mail, letter, telephone or any other means as we may deem fit.
2. In addition, we may (but shall not be bound to) also publish notices of general nature, which are applicable to all Customers in a newspaper or on its website including the GMT app or website. Such notices will have the same effect as a notice served individually to each Visitor, User or Customer (including you).
3. Documents which may be sent by electronic communication between you and us may be in the form of an electronic mail, an electronic mail attachment, or in the form of an available download from the GMT app or website. We shall be deemed to have duly communicated and delivered any communication or document to you if such communication or document is sent via electronic mail (e-mail) to the registered e-mail address. We shall also be entitled to act on the basis of any instructions received or purported to be received by us from you by e-mail or other electronic means or via the internet. We shall also be entitled (but not bound) to act upon fax instructions and communications.
Golden Money Transfer
739 Fourth Ave #204, San Diego, CA 92101
STATE REGULATORS AND STATE SPECIFIC INFORMATION
If you have complaints with respect to any aspect of the money transmission activities conducted at a Golden Money Transfer, Inc. location or its Affiliates, you may contact the California Department of Business Oversight at its toll-free telephone number, 1-866-275-2677, by email at email@example.com or by mail at the Department of Financial Protection and Innovation Consumer Services, 2101 Arena Boulevard, Sacramento, CA 95834
RIGHT TO REFUND
You, the customer, are entitled to a refund of the money to be transmitted as the result of this agreement if Golden Money Transfer, Inc. does not forward the money received from you within 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 10 days of the date of receipt of funds from you unless otherwise instructed by you. If your instructions as to when the money 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: Refunds/Complaints Golden Money Transfer, Inc. 739 Fourth Ave #204, San Diego, CA 92101. 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.
Golden Money Transfer, Inc. is a licensed money transmitter under Chapter 560, Florida Statutes. For suspected violations of Chapter 560, Florida Statutes, call Golden Money Transfer, Inc. at 1-888-702-5656 or contact the Florida Office of Financial Regulation, 200 East Gaines Street, Tallahassee, FL 32399-0376, (850) 487-9687.
The Illinois Division of Banking will accept complaints at 888-473-4858, or by mail at: 320 West Washington Street, Springfield, Illinois 62786.
|Alaska||Division of Banking and Securities
PO Box 110807 Juneau, AK 99811-0807
Telephone: 907-465-2521 / 1-888-925-2521
For Alaska Residents Only: If your issue is unresolved by Golden Money Transfer, Inc. (1-888-702-5656), please submit formal complaints with the State of Alaska, Division of Banking & Securities.
Formal complaints must be in writing, please download the form here: https://www.commerce.alaska.gov/web/portals/3/pub/DBSGeneralComplaintFormupdated.pdf
Formal complaint forms may be submitted via:
1. Fax: 907-465-1230
2. Email: firstname.lastname@example.org
3. Mail: Division of Banking & Securities PO Box 110807 Juneau, AK 99811-0807
If you have questions regarding formal complaints, please call 907-465-2521
If you have a question about or problem with your transaction – the money you sent You must contact the Money Transmitter who processed your transaction for assistance. The Division of Banking does not have access to this information. If you are a Colorado resident and have a complaint about the money transmitter – the company that sent your money
ALL complaints must be submitted in writing. Please fill out the Complaint Form provided on the Colorado Division of Banking's website and return it and any documentation supporting the complaint via mail or email (DORA_BankingWebsite@state.co.us) to the Division of Banking at:
Colorado Division of Banking
1560 Broadway, Suite 975
Denver, CO 80202
|District of Columbia||http://disb.dc.gov/page/check-cashers-sales-finance-companies-retail-sellers-money-lenders-money-transmitters-non-bank|
|Illinois||The Illinois Division of Banking will accept complaints at 888-473-4858, or by mail at: 320 West Washington Street, Springfield, Illinois 62786.
|South Carolina||Office of the Commissioner of Banking
1205 Pendleton Street, Suite 305 Columbia, SC 29201
Telephone: 803-734-2001 Fax: 803-734-2013
TEXAS CONSUMERS: Complaints concerning money transmission activities should be directed to: Golden Money Transfer, Inc. 739 Fourth Ave #204, San Diego, California 92101, USA, email at email@example.com or call 1-888-702-5656. After first contacting Golden Money Transfer, Inc., if you still have an unresolved complaint regarding the company’s money transmission activities, please direct your complaint to: Texas Department of Banking, 2601 North Lamar Boulevard, Austin, Texas 78705; Telephone Number: 1-877-276-5554, Fax Number: 1-512-475-1313, e-mail address: firstname.lastname@example.org; Website Address: www.dob.texas.gov.