MONEY TRANSFER USER AGREEMENT
This User Agreement, which is effective as of January 20, 2020, is a contract between you and one of the Lyons Xpress entities and governs the terms under which you may access and use Lyons Xpress’s website. For purposes of this User Agreement, “website” or “online service” includes www.LyonsXpress.com, and our mobile applications and any associated online services. The website enables you to send funds from the convenience of your computer or mobile device to beneficiaries virtually anywhere in the world, subject to these terms and conditions (a “money transfer”).
You are not authorized to use the website if you do not agree to be bound by the terms set forth in this User Agreement. By accessing or using the online service, you agree to be bound by the terms and conditions of this Agreement, as may be amended from time to time. Please read this User Agreement carefully and make sure you understand it fully before using the website.
As used throughout this User Agreement, the terms “LyonsXpress.com”, “we”, “us”, and “our” refer to Lyons Xpress, together with its employees, consultants, directors, successors, subsidiaries, affiliates, and assignees. The terms “you” and “your” refer to users of the online service, whether in their capacity as Senders, Beneficiaries or visitors to our website.
1. OVERVIEW OF THE ONLINE SERVICE
The online service is intended for our customers to send money transfers and mobile top-ups to beneficiaries. We recommend that the online service only be used to send money to people you know personally. You should not use the online service to send money to someone you do not know.
CONSUMER FRAUD ALERT: PROTECT YOURSELF. BE CAREFUL WHEN A STRANGER ASKS YOU TO SEND MONEY, ESPECIALLY FOR INTERNET AUCTIONS, NEWSPAPER OR TELEPHONE OFFERS.
We do not guarantee delivery or suitability of goods or services paid for with money transfers initiated through our online service. If you believe someone is trying to scam or defraud you or your Lyons Xpress username or password have been lost or stolen, please contact us immediately by telephone +1 (973) 817-8448 or email at firstname.lastname@example.org
Anytime you use our online service, you should safeguard your password and only use Lyons Xpress for legal purposes only.
Sender: is the person who uses the online service to send money or to send mobile reloads.
Receiver: is the person for whom a Sender makes a bill payment through the online service. (For instance, imagine that you use the online service to pay a bill for your relative). Your relative would be your Beneficiary and the company which receives the payment is the Online Service Company for that Transaction). You understand that the person referred to as a Beneficiary in this User Agreement may be referred to as the “Beneficiary” on your bill payment receipt.
Receiving Country: is the country in which the Beneficiary receives money through our service.
Transaction: is a specific instruction to send money through the online service.
Transaction Amount: is the amount of money that the Sender provides to Lyons Xpress to be sent in the Transaction, without the Transaction Fee.
Transfer Fee: is the fee that the customer will pay for the transfer cost.
Other Fees: Additional fees for the customer to pay such as bank or card fees and/or taxes or charges levied by the Beneficiary’s country.
Total to Beneficiary: is the amount paid out to the Beneficiary, excluding any taxes or charges that may be levied under the laws of the receiving Country (Transfer Taxes).
2. ACCEPTANCE AND ACCESS
In case that you submit a Transaction, it shall be deemed as a request for us to process your Transaction, an offer which we may accept or reject at our sole discretion from our head office in Newark, New Jersey.
3. ACCESS TO THE ONLINE SERVICE
i) Eligibility of Users: To be eligible to use our online service as a Sender, you must be at least eighteen (18) years old. In addition, you must be able to form legally binding contracts under applicable law and other restrictions may apply.
ii) Not available in certain countries: The online service may not be available in whole or in part in different countries and jurisdictions as determined by local laws and regulations.
iv) Mobile Online Services: You can also access our online service via a mobile device. You may incur mobile carrier’s standard charges, data rates and other fees not related to fees charged by Lyons Xpress for mobile online services.
a) Fees: For each transaction sent on your behalf, charges may apply in addition to the Transfer Fee. When those fees and charges are known, we will notify you of them before processing the transaction or, in some cases, provide an estimated amount. Your payment must be made on the same day as you are sending the transaction for processing. Lyons Xpress only accepts payments in U.S. dollars (USD). If you send a transaction, where Lyons Xpress receives less funds than required, chargeback fees, insufficient funds fee or similar charges may be imposed and you agree to reimburse Lyons Xpress for all the mentioned charges.
b) Foreign Currency: When initiating a send Transaction, you agree to transfer the money in the set currency of where your Beneficiary is located. In addition to the Transfer Fee, a currency exchange rate may apply to the Transaction. Currency is converted to at an exchange rate set by us. Any difference between the rate given to you and the rate received by us will be kept by Lyons Xpress in addition to the Transfer Fees. You may find out the current foreign exchange rate provided by Lyons Xpress to its customers by calling toll-free to +1 (973) 817-8448 or by viewing the disclosed exchange rates posted on the website.
Subject to applicable law, the actual or estimated currency exchange rate applicable to your transaction will be provided to you on the written disclosures provided to you by Lyons Xpress in connection with your Transaction. Payouts will generally be made in the national currency of the payout location (“local currency”). We are not responsible for the currency exchange rate that will be applied if the Beneficiary chooses to receive a currency other than the currency where s/he is located.
c) Payments: You authorize us to access, charge and debit funds from any of the Payment Methods that we made available in our online service. This will include, but not be limited to, credit card, debit card or an ACH transaction (direct debit). We do not accept pre-paid cards. If the payment cannot be fully completed or is an insufficient amount, we may retry debiting one or more times or, you shall change the payment method and pay us with a different payment method. You represent and guarantee to be the legitimate owner of the payment method used.
d) Other Charges: Lyons Xpress is not responsible for any additional charges from financial Institutions related to the payment methods that we make available in our online service. Lyons Xpress will not be responsible for charges caused by lack of funds, overdraft or additional costs or fees charged by your bank, credit/debit card issuer, providers related to use of the online service.
We are not responsible for any fees or charges that may be imposed by the financial institutions associated with your Payment Instruments. For example (without limitation), your credit card issuer may charge you a cash advance fee and interest if you use a credit card as a Payment Instrument. We are not responsible for any such fees, nor are we responsible for non-sufficient funds charges, chargeback fees, or other similar charges that might be imposed on you by your bank, credit or debit card issuer, or other provider in connection with your use of the Service. If you submit a Transaction that results in us being charged non-sufficient fund fees, chargeback fees, or other similar fees, you agree to reimburse us for all such fees.
e) Programmed Money Transfers: When using this online service, you authorize Lyons Xpress to create a transaction in your name. When creating money transfer transactions that involve currency exchange, you understand that it’s impossible for Lyons Xpress to guaranty a future exchange rate. By using the website, you acknowledge and accept the exchange rate offered by Lyons Xpress for the day.
f) Pre-Payment Disclosures and Receipt: Prior to making a payment, Lyons Xpress will provide you with the following pre-payment disclosures:
- Amount to be transferred
- Front-end fees and taxes
- Exchange rate (or estimate as permitted by law)
- Covered third-party fees
- Total amount to be received by designated recipient
Upon your making a payment in connection with a transaction, Lyons Xpress will provide you with a receipt containing the following information:
- Applicable pre-payment disclosures
- Date of funds availability
- Name of designated recipient
- Error resolution/cancellation
- State regulator and CFPB contact information
- Transfer date
5. TRANSACTIONS PAID OUT
i) Involved Service Providers: We operate with local banks, money exchange houses, and other third party online service providers to pay in the destination countries.
You agree on sending the transaction amount to the Beneficiary as specified in the transaction with the purpose of receiving the funds related with the online service. We will make an effort to keep up to date the locations, availability and timetables of our online service providers. You agree, acknowledge and accept that Lyons Xpress will not in any way be responsible for any incomplete or inexact information that may be published on our websites.
You authorize Lyons Xpress and third party providers to contact the Beneficiary and save all required information necessary for a proper performance of the transaction.
You represent and warrant that the information in the account or bank details are correct, as money may not be recovered if it’s sent to the wrong account.
6. LIMITATIONS / RESTRICTIONS
i) General Limitations.
At any moment, and without prior notice and our full discretion, we may reject any transaction or limit the amount to transfer, for any transaction or group of transactions.
ii) Delay Policy.
Your Transaction may be delayed or canceled in our discretion and without prior notice before the Beneficiary or third party supplier has received the Transaction Amount. We may delay or cancel the Transaction for any reason, that include among others: lack of identity verification, payment method validation, fraud and anti-money laundering compliance review, contacting or locating you, your Beneficiary, the online service provider. Working timetable, system availability or disposal of currency may also be a reason for delay. Nonetheless you are entitled to request a refund in certain circumstances.
iii) Restrictions on Commercial Transactions.
You may only use the online service to send money for and/or to Beneficiaries that you know for non-commercial purposes. If the online service is used for commercial purposes, we may, in our sole discretion, cancel your transaction/s and close your account.
iv) Unauthorized Transactions.
The purpose of our online service is to allow customers to transfer money to families and friends. We may, in our sole discretion, cancel any transaction or close any account that we suspect has been used for any non-personal reasons. You may not use the online service in violation of this Agreement, applicable laws, rules or regulations. It is a violation of this Agreement if you use the online service for any of the following, but limited to, activities: sexually oriented online services or materials, gambling, fraud, money laundering, financing of terrorist organizations, buying or selling tobacco, firearms, medicines or banned drugs; or sending money to a politically exposed person or a Beneficiary that has previously violated this Agreement. If you use our online service for these purposes, Lyons Xpress reserves the right to report the activity to the authorities.
v) Restricted Activities.
As a user of the online service, you agree that you will not do any of the following:
Breach this or any other agreement between you and Lyons Xpress dba LyonsXpress.com.
Open more than one account.
Provide false, incorrect or misleading information.
Fail to cooperate with any investigation or to provide confirmation of your Identity or any other information we may need.
Use an anonymous proxy server.
Make a cash advance from your credit card (or help others to do so).
Share transaction data or other information with anyone but the online services firm, your recipient and/or your Beneficiary and you will instruct the recipient or Beneficiary not to share transaction numbers or other information.
Violate any other restriction of this end user agreement.
We reserve the right, in our sole discretion, to reject transactions involving certain payment instruments. In addition, we may reject transactions, from certain senders or those directed to certain beneficiaries or to certain online services firms, including those persons who appear on the Specially Designated Nationals list, Non- cooperative Countries and Territories list or any other list issued by the USA government, the Treasury Department or any other governmental agency.
You are not allowed to send or receive transactions:
1) On behalf of any other person,
2) On behalf of any firm or person
3) On behalf of any charity organization without our consent.
You may send transactions to online services firms or beneficiaries who you personally know. At any time and in our sole discretion, we may reject any transaction, close multiple accounts linked to: any individual, persons related to that individual or persons sharing a household with that individual.
viii) Impossibility of any Change.
You may not change your transaction details once it has been processed by us, except as may be permitted by law. It is your responsibility to review the transaction details provided to us for accuracy before it is submitted for processing.
7. COLLECTION OF INFORMATION
Client Identification Program: We are required to collaborate with the government to help fight against terrorist financing, money laundering and other financial crimes. U.S. law requires that we obtain, verify and maintain information about you. For that reason we may ask you to provide us with nonpublic, personal identifying information, about you or your beneficiary. We may also lawfully obtain information about you from independent sources, without your knowledge or consent, including non-personal identifying information that we may obtain when you visit our website.
Information verification: You authorize us to verify whatever we consider is necessary through the sources we need in order to validate the information you provide us. This may imply a request for additional info, requiring you to take steps to confirm your email address, mobile device or financial instruments or verify against 3rd party databases or any other sources. This can also include the verification of your beneficiary’s information.
8. ERRORS AND PROBLEMS
You have a right to dispute errors in your Transaction. If you believe there is a mistake, please contact us within 30 days from your transaction date by calling us at +1 (973) 817-8448 or by email at email@example.com . Upon receiving an error resolution report from you, we will commence an investigation and make a determination within 90 days. Within 3 business of completing the investigation, we will notify you of the results of our investigation. If an error did occur, we will correct it within 1 business day, or as soon as practicable, of receiving your instructions. You may request a written explanation of your rights as a consumer by calling us at +1 (973) 817-8448.
To submit any complaints related to services rendered by Lyons Xpress, please contact us at 1-973-8448 or by email at firstname.lastname@example.org .
c. State-Specific Provisions for Complaints:
The following provisions apply to the residents of the states identified below:
Connecticut Department of Banking
260 Constitution Plaza, Hartford, CT 06103
Florida Office of Financial Regulation
Division of Finance Institutions
Consumer Assistance Group
200 E. Gaines Street Tallahassee, FL 32399-0381
Telephone: (850) 410-9805 or (850) 487-9687
Georgia Department of Banking & Finance
2990 Brandywine Road, Suite 200
Atlanta, Georgia 30341
Telephone: (888) 986-1633
Maryland Department of Labor, Licensing & Regulation
500 North Calvert Street, Suite 402
Baltimore, Maryland 21202
Telephone: 410-230-6100 or 888-784-0136
Commonwealth of Massachusetts Division of Banks
Attn: Consumer Assistance
Unit 1000 Washington Street, 10th Floor
Boston, Massachusetts 02118-6400
Telephone: (800) 495-2265
Fax: (617) 368-2700
New Jersey Department of Banking and Insurance
20 W. State Street
Trenton, NJ 08608
9. CANCELLATION AND REFUNDS
a. Money Transfer Cancellation and Refunds Disclosures (All States)
You may cancel a Transaction for a full refund of the principal and fees paid within 30 minutes of payment, unless the funds have been picked up or deposited. You may also receive a full refund in certain circumstances if you successfully assert an error or as otherwise provided under applicable law. If we can confirm that payment has not been made, the money transfer will be cancelled and we will refund the amount of the money transfer, including the service charge, within the next 3 days of your request. For any transfer scheduled at least 3 business days in advance, you must cancel at least 3 business days before the scheduled date of transfer. Refunds will be credited to the same payment instrument used to pay for the Transaction. Refunds are only made in U.S. dollars.
10. Lyons Xpress’S INTELLECTUAL PROPERTY
You acknowledge that Lyons Xpress as the sole owner of the online service which includes: our websites, text, graphics, links, buttons, logos, and images, as well as all other patents, copyrights, trademarks, trade secrets, online service marks, logos, and product and online service names that are all exclusively owned by Lyons Xpress (the “Lyons Xpress Intellectual Property”). You agree not to display, use, copy, or modify the Lyons Xpress Intellectual Property in any manner. You are only allowed to view and retain a copy of our website pages for your own personal non-commercial use. Additionally you agree not to:
use any automated devices, data mining, robots, or any other similar practice for data gathering or extraction methods to access or use the online service;
modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the online service, in whole or in part, except the information you upload to the online service through legally permissible means;
remove or modify any author, trademark or other proprietary notice or legend displayed on our websites (or printed pages thereof); or
Infringe on Lyons Xpressor any third party’s copyright, patent, trademark, trade secret or other intellectual property rights, or rights of publicity or privacy.
The software and the technology underlying the online service are the property of Lyons Xpress dba LyonsXpress.com. Subject to the terms and conditions of this User Agreement, Lyons Xpress hereby grants you a non-transferable, non-sub licensable, and non-exclusive right and license to use the object code of any software on your device(s) solely in connection with the online service, provided that you agree not to copy (except as expressly provided herein), modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the software. Any rights not expressly granted herein are reserved by Lyons Xpress.
11. DISCLAIMER OF WARRANTIES
THE ONLINE SERVICE AND SOFTWARE ARE PRESENTED “AS IS” AND WITHOUT ANY WARRANTY OR CONDITION. EXPRESS, IMPLIED OR STATUTORY. WE, OUR SUBSIDIARIES, EMPLOYEES, SUPPLIERS, VENDORS, AND SERVICE PROVIDERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
We make reasonable efforts to ensure that transactions are processed in a timely manner. However, we cannot make any representations or warranties regarding the time needed to complete the processing due to certain factors that are beyond our control. This warranty gives you specific legal rights and other conditions may arise in connection therewith, which may vary from state to state. Notwithstanding the foregoing, you have the right for a refund as is expressed herein.
12. LIMITATION OF LIABILITY
EXCEPT AS SET FORTH BELOW, IN NO EVENT SHALL Lyons Xpress, ITS SUPPLIERS, VENDORS, SERVICE PROVIDERS, SERVICE COMPANIES, OR THEIR RESPECTIVE SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, AGENTS, PARTNERS, EMPLOYEES OR CONSULTANTS 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 Lyons Xpress HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM NEGLIGENCE ON THE PART OF Lyons Xpress, ITS SUPPLIERS, VENDORS, SERVICE PROVIDERS, SERVICE COMPANIES, OR THEIR RESPECTIVE SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, AGENTS, PARTNERS, EMPLOYEES OR CONSULTANTS.
Disputes with Lyons Xpress
Any problem or dispute with Lyons Xpress’s online service may be reported to our online Customer Service. In the event there is any dispute between you and Lyons Xpress, our goal is to obtain as much information as we can in order to resolve it. If our solution is not satisfactory, we will seek to provide you with a neutral and cost-effective means of resolving the dispute expeditiously.
Forum for Disputes
In the event that you opt out of arbitration as described in section 14c above, you agree that any claim against Lyons Xpress must be resolved in the Supreme Court of the State New Jersey, unless both parties agree to a forum for the resolution of the claim.
Improperly Filed Litigation
All claims you bring against Lyons Xpress must be resolved in accordance with section 15. All claims filed or brought contrary to Section 15 of this agreement shall be considered improperly filed and a breach of this Agreement. In the event of such a breach, Lyons Xpress may recover attorneys’ fees and costs (including in-house attorneys and paralegals) up to $1,000.00 USD from you, if Lyons Xpress has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the action.
This User Agreement shall be governed according to the laws of the State of New Jersey, and any activity relating to the online service shall be deemed to have been performed in New Jersey. Any dispute, conflict, claim or allegation related with the online service or User Agreement (a “Claim”) shall be governed by and construed in accordance with the laws of New Jersey.
Unless you opt out as set forth below, any dispute arising from or relating to this transaction shall be resolved by final and binding arbitration. The arbitrator shall also decide what matters are subject to arbitration. The arbitration will be administered by Lyons Xpress.
This agreement is governed by the Federal Arbitration Act, and any award shall be subject to judicial confirmation. Any arbitration shall take place on an individual basis; class actions or arbitrations are not permitted. If any part of this paragraph is deemed invalid, it shall not invalidate the other parts. You may opt out of arbitration within 30 days after initiating a Transaction by writing us at: Lyons Xpress, Attn: Customer Service, at 26 Wilson Av., Newark NJ 07105. IF YOU DO NOT OPT OUT, YOU WILL WAIVE ANY RIGHT TO A TRIAL BY JURY OR JUDGE IN COURT AND ANY RIGHT TO PARTICIPATE IN A CLASS ACTION.
All claims you bring against Lyons Xpress must be resolved in accordance with section 15. All claims filed or brought contrary to Section 14 of this agreement shall be considered improperly filed and a breach of this Agreement. In the event of such a breach, Lyons Xpress may recover attorneys’ fees and costs (including in-house attorneys and paralegals) up to $1,000.00 USD from you, provided that Lyons Xpress has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the action.
You agree to indemnify and hold harmless Lyons Xpress dba LyonsXpress.com, its suppliers, vendors, online service providers, online service companies and their respective subsidiaries, officers, agents, partners, employees, and consultants from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the online service, your connection to the online service, your violation of the User Agreement, or your violation of any rights of a third party arising from this Agreement.
15. ELEC COMMUNICATIONS
You agree that this User Agreement shall be entered into electronically. Unless otherwise required by law, the following communications will only be transmitted electronically and not in printed paper format or through any other non-electronic means:
2) Your transactions reported through the online service.
3) Any kind of notice or disclosure related to the online service including, without limitation, those required by Federal or State law.
4) Any communication with the client related to the online service including communications related to claims or errors or non-authorized use of the online service.
5) Any other kind of communication related to Lyons Xpressor the service.
You may withdraw your consent to receive all communication announcements via the electronic means, which shall have the effect of terminating your access to the online service. If you wish to withdraw your consent, please notify us in writing at Lyons Xpress, Attention: Customer Service, at 26 Wilson Av., Newark NJ 07105.
To access and retain the any electronic communications directed to you pursuant to this Agreement, you will need the following:
2) An e-mail account with capability to read Lyons Xpress emails.
3) An internet connection and a device which support the before mentioned requirements.
16. COLLECTION OF ADDITIONAL INFORMATION
a. Client updates:
You must inform us immediately of any change in your e-mail or telephone by updating your profile on our website. In the event that Lyons Xpress does not have the correct contact information, we may not be able to notify you with important information or changes in your transaction status.
We are required by most U.S. jurisdictions in which we operate to have licenses to process money transfer transactions for consumers. A full listing of the state licenses that Lyons Xpress holds can be viewed online under our terms and conditions or at section 8c. of this agreement.
c. Entire Agreement:
This User Agreement constitutes the entire agreement between you and Lyons Xpress and governs your use of the online service, superseding any prior agreements between you and Lyons Xpress dba LyonsXpress.com.
d. No Waiver:
In case Lyons Xpress does not enforce or exercise a right or provision of this User Agreement, this shall not constitute a waiver of the right or provision in question, and shall not guarantee that Lyons Xpress will repeat any such actions in the future. If any provision of the User Agreement 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 User Agreement as reflected in the provision, and the other provisions of the User Agreement shall remain in full force and effect.
Except as required by law, we may modify this Agreement without prior notice to you. You can review the latest version of the User Agreement on our webpage. If do not agree with any of the modifications, you may terminate your use of the online service at any time by providing notice of the termination in writing to Lyons Xpress dba LyonsXpress.com. If you are using the online service after the effective date of any modification or amendment, you shall be deemed to have accepted that amendment or modification. You are prohibited from modifying the terms of this User Agreement and acknowledge that any attempts by you to change this User Agreement shall be void.
In case there is any inconsistency between the different versions of our websites in English, Portuguese, or any other language, including the User Agreement, the English text shall control and bind the parties.
Subject to applicable law, Lyons Xpress may assign this Agreement to a third party without your consent.
h. Special note for international use:
Export controls. Software available in connection with the service and the transmission of applicable data, if any, is subject to United States export controls. No software may be downloaded from Lyons Xpress or otherwise exported or re-exported in violation of U.S. Export laws. Downloading or using the software is at your sole risk. You agree to comply with all local rules and laws regarding your use of the service, including as it concerns online conduct and acceptable content.
The security and integrity of your account are our main priority. We work hard to make sure your information is safe and secure with us. We recommend and urge you not to send money, make any mobile top-ups or pay any fee for someone you do not know personally and trust. You must be especially careful with offers that seem too good to be true. In case you think you have been or might be a victim of any kind of fraud, please do not hesitate in contacting us immediately at: +1 (973) 817-8448. If you observe someone using the online service in an inappropriate or impermissible way, please notify us by e-mail at: email@example.com . In the event that you receive any fictitious e-mails purporting to be from Lyons Xpress please forward it to firstname.lastname@example.org .
Questions, notifications, and requests for refunds or further information can be sent to Lyons Xpress as follows: email@example.com or +1 (973) 817-8448; or by mail at Lyons Xpress, Attn: Customer Service, 26 Wilson Av., Newark NJ 07105.