Last modified: October 21, 2020
These Terms & Conditions (“Terms & Conditions”) apply to the products, services, content, features, technologies and functions offered through our website (www.pangeamoneytransfer.com) (“Website”), iOS and Android applications (“Mobile Applications”), and our network of third-party partners (the “Network”) (collectively, our “Services”). Please read these Terms & Conditions carefully before continuing to use our products and services. Yes, this is a legal agreement. These Terms & Conditions also are available at: https://pangeamoneytransfer.com/terms/
1. Electronic signatures, records, and disclosures.
Our Services are available only if you consent to receive electronic Communications. Those “Communications” include all agreements, disclosures, notices and other information and communications regarding your Accounts, the use of our websites, our relationship with you; and such other products, services or programs that may be made available to you. Those Communications are described further in the Consent to Electronic Communications that you will need to agree to obtain a Pangea account (“Account”) and use our Services (the “Consent”). We will send these Communications to you electronically via email, text or by posting notices regarding our Services on our Website or Mobile Applications. If you do not agree to the Consent we cannot provide you with an Account or access to the Services, and if you agree to the Consent but later withdraw your Consent, we will have to close your Account.
2. Your Agreement.
Supplemental terms may apply to certain Services, such as policies for a particular event, activity or promotion, and such supplemental terms will be disclosed to you in connection with the applicable Service. Supplemental terms are in addition to, and shall be deemed a part of, the Terms & Conditions for the purposes of the applicable Services. Supplemental terms shall prevail over these Terms & Conditions in the event of a conflict with respect to the applicable Services.
3. A few definitions.
When we say “Account” or “Pangea Account” we mean the account with us that you establish so that you can use our Services.
When we say “you,” “Customer,” “Sender” and ”User” we are referring to the individual that has registered to use Pangea’s Services and is agreeing to these Terms & Conditions.
When we say “us,” “we,” “Company” and ”Pangea” we are referring to Pangea Universal Holdings, Inc. (“PUH”), Pangea USA, LLC (“PUSA”) and any of our subsidiaries or affiliates.
When we say “Money Transfer,” “Remittance Transfer,” or “Remittance” we are referring to the transmission of funds to a designated Receiver located in a foreign country. We can send Money Transfers only to certain foreign countries. The list of our approved countries is available in our FAQs at https://pangeamoneytransfer.com/help/#pangea-connect. We may update our list of approved countries from time to time. If you request a Money Transfer to a Receiver in a foreign country that is not approved by us, we will tell you at the time of your request.
When we say “Receiver” we are referring to the individual designated by you as the recipient of the Transaction.
When we say “Network Partners” we are referring to entities such as retailers, financial institutions, paying agents, etc., appointed by or working with us, to process and pay out Transactions in the destination country identified in your payment instructions.
When we say “Transaction” we are referring to a Money Transfer sent using our Services, including without limitation the specific instruction or order you submitted to send a Money Transfer to a Receiver through the Service and the acceptance of such Money Transfer by such Receiver.
When we say “Transfer Fee” we are referring to the fee we charge in connection with a Transaction. When we say “Transfer Taxes” we are referring to taxes that we collect (and you must pay) on the Money Transfer.
When we say “Sending Amount” or “Transaction Amount” we are referring to the amount in US dollars that you provide to us for transmittal to the Receiver.
When we say “Receiving Amount” or “Total to Recipient” we are referring to the amount paid out to the Receiver, excluding any fees, taxes or charges that may be levied under the laws of the recipient country or collected on the Remittance Transfer by a third party.
4. What you need to know about our Services.
The Service is limited to non-commercial person-to-person Transactions. We do not allow Money Transfers to or from business entities. You should not use the Service to send money to strangers or on behalf of unknown third parties.
A. Who can access our Services and how to access our Services.
To access our Services as a Sender or Receiver, you must be at least eighteen (18) years old and able to form legally binding contracts under applicable law. If you ask us to pay someone who turns out to have defrauded you, or who fails to meet their obligations to you, we will not be liable as a result.
To use our Services as a Sender, you must also be a resident of the United States of America and reside in any of the States in which our Services are available. For a current list of eligible States, please visit https://pangeamoneytransfer.com/help.
You may access our Services by creating an Account through our Website (www.pangeamoneytransfer.com) or our Mobile Applications.
After creating a Pangea Account, every time you submit a Transaction, you are placing an order for us to process and payout a Money Transfer, which we may accept or reject in our sole discretion. Pangea may also require additional information from you or your Receiver, as explained in the following section, to process the Transaction.
B. Information we may collect from you.
To help the government fight the funding of terrorism, money laundering activities and other criminal activity, we will obtain, verify, and record certain information about you when you create a Pangea account. Pangea’s subsidiaries may have additional requirements in foreign countries in order to comply with applicable law.
In order to transact on your Account, we will ask for your full legal name, address, date of birth, mobile number and other information that will enable us to identify you. Also, depending on other circumstances, including the amount of your Transaction, we may ask for additional information about you, including but not limited to a copy of a government issued ID, your social security number, your occupation, your nationality, and your country of birth.
We may also lawfully obtain information about you from other sources, including non-personally identifiable information that we may obtain while you visit our Website or Mobile Applications.
As part of accepting your Transaction order to process and payout a Money Transfer, we will also require you to provide certain information about the Receiver, including without limitation the following: full legal name of the Receiver and the city in which the Receiver will pick up the funds. Depending on other circumstances, including the amount of your Transaction and method for receiving the funds, we may ask for additional Receiver information, including but not limited to a copy of the Receiver’s government issued personal identification document, the ID number associated with such government issued personal identification document, the Receiver’s address, the Receiver’s date of birth, the Receiver’s country of birth, and the Receiver’s nationality.
Information collected about you shall be maintained in accordance with government regulations. The information collected will not be shared with non-affiliate third parties without your knowledge and consent.
C. What you will be charged for the Service.
Transfer Fees: In consideration of your use of the Service, you agree to pay a service charge or Transfer Fee per Transaction. This Transfer Fee shall be paid in addition to the Sending Amount and is due at the time when you fund your Transaction. If you submit a Transaction that results in Pangea being charged non-sufficient funds fees, chargeback fees, or others, you agree to reimburse Pangea all such fees.
The Transfer Fee (in addition to any other applicable fees that we may charge directly or on behalf of any Network Partner, US federal or State governmental authority) will be displayed (on the Website or through our Mobile Application) prior to your payment for the Transaction.
Exchange Rate: Every time you instruct us to pay out a Transaction in a currency (“Payout Currency”) other than US dollars, a retail exchange rate may be applied in addition to the Transfer Fee. The exchange rate that will be applied to your transfer and the Total to Recipient (also called the Receiving Amount) will be also displayed for your confirmation and approval (on the Website or through the applicable Mobile Application) before your payment for the Transaction. The exchange rate displayed on the Website or the Mobile Application and confirmed by you is only guaranteed for a limited time. If you pay for a Transaction outside this time period, the exchange rate may change, in which case you will have to confirm a new applicable exchange rate prior to providing payment for the Transaction. For each Transaction, the exchange rate and Total to Recipient that you confirm and approve will be maintained for that specific Transaction, regardless of the specific day on which the funds are picked up or available for the Receiver.
Other charges: Pangea is committed to improving the transparency of Money Transfers, but there are some costs of which Pangea may be unaware (e.g., bank charges, fees or interest) and it is possible that you could incur such costs from your bank or mobile provider.
In some situations, you may incur additional fees, interest or charges from financial institutions or other intermediaries if you pay for a Transaction with particular financial instruments (e.g., Payment Instruments). As much as we like to save you money, we cannot control what other companies may or may not do. We recommend that you to contact them and request this information prior to using any financial instrument to pay for a Transaction.
If you use your mobile phone to initiate a Transaction, you are responsible for any fees that your phone service provider may charge, such as fees for text (SMS) and data services. Your phone service provider is not the provider of the Services; instead, Pangea is the provider of the Services.
Subject to applicable law, you are responsible for our reasonable costs and losses if we make a Money Transfer and we are unable to collect payment for the Money Transfer from your Debit Card, or that payment is later reversed by your card provider. 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. However, you will not be responsible if the payment was not authorized by you, unless: (a) we can show that you have acted fraudulently; or (b) you did not tell us, before the payment was made, that your Pangea Account security details had been or might have been misused, and we can prove that you have been negligent in not keeping those details safe (if you have failed to keep them safe, but without being negligent, you will only be responsible for the first USD $100 of our costs and losses).
D. How to fund your Transaction.
Before we can process your Transaction, you must place an order and pay for the Transaction Amount and the Transfer Fee (and any other applicable charges displayed). You will have to select a form of payment for the Transaction, such as a Debit Card. From time to time, we may add or eliminate certain funding mechanisms or payment options.
Debit Cards: You can utilize most debit cards linked to a bank account as a payment method (each a “Debit Card”) to fund a Transaction. You can use most Visa® or MasterCard® branded Debit Cards issued by a United States-based bank. While Pangea strives to accept all Debit Cards (each a “Payment Instrument”), there may be some Payment Instruments that are not accepted for use to fund a Money Transfer.
When you submit a Transaction, you authorize us (or a designated agent) to charge your designated Payment Instrument to collect the amount of such Transaction and the Transfer Fee. You are responsible for ensuring that your designated Payment Instrument has sufficient funds available for payment of your Transaction. If we execute the payment of a Transaction pursuant to your order or instructions and subsequently are advised that your selected Payment Instrument has insufficient funds available, you remain liable to us for the full amount of any such payment of the Transaction and you authorize us to re-try one or more times using the same Payment Instrument. You authorize us to initiate debit and credit entries to your Debit Card account in connection with the Service. You also authorize us to initiate credits and debits to correct errors. These authorizations shall remain in full force and effect until we have received notification from you of its termination; you may revoke your authorization only by notifying us by telephone at (866) 858-9928 or by written notice sent to: Attn.: Pangea USA, LLC, Customer Service, P.O. Box 3740, Chicago, IL 60654, which must be received at least three (3) days prior to the proposed effective date of the termination of authorization.
5. Some restrictions about our Service.
General: Pangea may, at any time and 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, without prior notice. We also 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.
For Transactions funded with any Payment Instrument, the following are amount restrictions for each Sender and Receiver:
1. Minimum amount of $20.00 USD per Transaction;
2. Maximum amount of $2,999.00 USD per Transaction;
3. Maximum amount of $2,999.00 USD per 24-hour period; and
4. Maximum amount of $6,000.00 USD for all Transactions during any rolling thirty (30) calendar day period (note that this aggregate limit applies independently to each of the Sender and the Receiver).
For Transactions received by a Receiver in Cash, the following are additional amount restrictions for each Sender:
Maximum amount of $3,000.00 USD for all Transactions during any rolling seven (7) calendar day period.
Amount restrictions by Network Partner: certain Network Partners restrict the amount of any Transaction to a higher minimum or lower maximum than the Company’s amount restrictions listed above. Pangea reserves the right to limit any Transaction involving certain Network Partners to the limitations set by such Network Partners.
Account creation and security: Pangea only authorizes one Account per User and phone number. Multiple Pangea Accounts for the same User are not permitted. By creating a Pangea Account, you represent that the Account belongs to you and not another individual. As a User, you agree not to attempt to circumvent the parameters of the Service by using another person’s Payment Instrument, account, or by entering false information, or any other means.
When you create a Pangea Account and you choose a username (which is the phone number associated with your account) and password or any other piece of information, you must treat such information and its use with Pangea and the Services as confidential, and you must not disclose such information to any third party. You are responsible for ensuring that you will be the only individual accessing your Pangea Account through our Website or Mobile Applications. You should not allow any other individual to conduct a Transaction on your behalf, and you should not conduct any Transactions on behalf of any third parties.
You agree to immediately notify us of any unauthorized use of your Pangea Account or any other breach of security. You should use particular caution when accessing your Account from a public or shared computer so that others are not able to view or record your password or other personal information.
We have the right to disable any username or password, whether chosen by you or provided by us, in our sole discretion.
Delays: Your Transaction may be delayed in the course of our efforts to verify and/or validate your identity, confirm or implement payment or funding instructions, process other Transaction information, and otherwise comply with applicable law and internal processes. Orders by you to complete a Transaction, as evidenced by your staging and paying for a Transaction, are not accepted by Pangea until the Company has ensured its ability to process such Transaction in compliance with applicable law and offer the Receiving Amount to the Receiver.
Age: You must be at least (18) years of age to use our Service. Our Service is not intended to be used by individuals under eighteen (18) years of age. If it comes to our attention through reliable means (as determined by Pangea) that you are under eighteen (18) years of age, we will cancel your Pangea Account.
Receivers: The use of our Service by Receivers is restricted to Receivers who are members of your family, friends and acquaintances. Sending Transactions to strangers is not permitted. If we discover through reliable means (as determined by Pangea) that you have provided us with incorrect information about your Receiver, we will contact you to correct the information provided. In some circumstances, we may refuse to process your Transaction and issue a refund in accordance with our refund policy. Pangea reserves the right to cancel your Pangea Account in the event that we determine that you are attempting to send any Transaction on behalf of a third party or to any unknown Receiver.
Ineligibility: We do not process Transactions from Senders or Receivers that are included in international and local watch lists, including without limitation the following: Special Designated Nationals list issued by Office of Foreign Asset Controls, Non-Cooperative Countries and Territories list, Palestinian Legislative Council list, and other government issued lists. We may also refuse any Sender or Receiver that may appear on any list of politically exposed persons (“PEPs”), or that are a family member or considered close associates of such PEPs. We will refuse Transactions that are funded with Payment Instruments issued in foreign countries.
Commercial Transactions: We do not process Transactions from or to business entities.
Unauthorized Transactions: You may not use the Service in violation of these Terms & Conditions, or applicable laws, rules or regulations. It is considered a violation to use the Service for any of the following: commercial transactions, sexually oriented material or services, gambling, fraud, money laundering, terrorism financing, the purchase and sale of tobacco, tobacco paraphernalia, firearms, prescription drugs, and other drugs or uncontrolled substances, among others. It is also a violation of these Terms & Conditions to send money to a Receiver that has violated any provision of these Terms & Conditions. If we obtain evidence that you used our Service for any of the previously mentioned unauthorized transactions or in connection with any illegal activity, we may block your Pangea Account and report you to law enforcement.
Restricted Activities: As a User of our Website, Mobile Applications or our Services, or in the course of your interactions with us or a Network Partner, there are certain activities that constitute a breach of these Terms & Conditions and will likely result in the closing of your Account, including but not limited to:
(a) Breach of any other agreement between you and Pangea;
(b) Providing false, inaccurate or misleading information;
(c) Refusing to cooperate in an investigation or provide confirmation of your identity or any other information we request from you;
(d) Using an anonymizing proxy;
(e) Sending Transactions to, or on behalf of, unknown individuals;
(f) Providing or attempting to provide yourself a cash advance from your credit card (or helping others to do so);
(g) Sharing account information with any other individuals;
(h) Sharing Transaction information with anyone except the Receiver (and you must instruct your Receiver to not share the Transaction information);
(i) Using any automatic device or manual process to monitor or copy any elements on our Website or Mobile Applications;
(j) Creating multiple Pangea Accounts; and
(k) Using promotional codes provided by Pangea in any manner other than for the intended purpose of such promotional code as stated by Pangea.
Network Partners Denial of Money Transfer Transaction: When you submit an order for a Transaction using our Services, our Network Partners are not required to accept it. You agree that you will not hold us liable for any damages resulting from a Network Partner’s decision not to accept a Transaction made using the Service.
6. Our cancellation, error and refund policy.
Errors: If you think that there has been an error with any of your Transactions, please contact us at (866) 858-9928, write us at: Attn: Pangea USA, LLC, Legal Department, P.O. Box 3740, Chicago, IL 60654, or email us at firstname.lastname@example.org. We are always sorry to hear you had a problem with your Transaction and will do our best to solve it.
Complaints: If you want to report a complaint or need additional information you may also contact your State money transmitting licensing authority (if any, the specific contact information will be displayed in your Transaction receipt) or the Consumer Financial Protection Bureau.
Consumer Financial Protection Bureau
Cancellations: You may cancel a Transaction and request a full refund at any time before the funds are either deposited into the Receiver’s Bank Account, picked up in Cash or made available to the Receiver through any other authorized means.
To cancel a Transaction, you can access your Pangea Account through our Website or Mobile Application, select the relevant transfer in the display of history of Transactions, and then select the cancel option active in the body of the receipt. Alternatively, you can contact customer service at (866) 858-9928. If you decide to call us please make sure to have all your Account information and Transaction information available.
Refunds: Once you decide to cancel a Transaction, we will consider your request and, at our sole discretion and in compliance with applicable regulations, decide whether to approve a refund. Subject to regulatory constraints and Pangea compliance policies, Pangea strives to grant full refunds to all customers in a timely fashion. We will notify you of our decision whether to approve the refund in writing via the Website or Mobile Applications, email, SMS or mail. Please remember that Receivers cannot request the cancellation of a Transaction.
A refund requested for a Transaction that is cancelled by the Sender within 30 minutes of payment for such Transaction will be processed within three (3) business days. A refund requested for a Transaction cancelled after 30 minutes of payment for such Transaction will be processed within ten (10) calendar days.
We will also automatically cancel any transfers that have not been picked up within 90 days from the day you paid for the Transaction.
Refunds requested by Sender, and approved by us, for Transactions paid by Payment Instrument, will only be credited back to the same Payment Instrument used to fund the Transaction.
Refunds requested by Sender, and approved by us, for Transactions paid in Cash, will be refunded by check. A refund check will be sent to the address on file in the Sender’s Pangea account. Any address change will be subject to further compliance checks and will delay the refund process and may incur additional diligence fees.
Refunds are only made in US dollars and will not be adjusted to account for changes in the value of the US dollar or any foreign currency from the time that you paid for the Transaction.
In the event that we deny a Transaction, the Transaction will be treated as if it had been cancelled and, subject to our refund policy, a refund will be processed by Pangea within three (3) business days of the date the Transaction is denied.
7. Authority to Charge Payment Account and Act as Agent; Fees and Expenses.
You agree to pay for the amount of the Transaction and Pangea’s Transfer Fee and currency conversion service fees and other charges for each Transaction initiated or requested through the Website or applicable Mobile Application. By requesting a Transaction, you authorize Pangea to charge your Payment Instrument for the amount of the requested Transaction and any Transfer Fees. You understand and acknowledge that Pangea has no obligation to process or complete a requested Transaction if Pangea is unable for any reason to obtain authorization or settlement of the funds from charging your Payment Instrument for the amount of the requested Transaction.
In the event that the charge to your Payment Instrument is subsequently returned, charged-back or canceled for any reason, and Pangea has already processed your Transaction request, you will be responsible to Pangea for the amount of the Transaction. You agree to pay such amount, plus any applicable service fee or non-sufficient funds (NSF) fee applicable to the return, to Pangea immediately upon demand. You authorize us to debit your Payment Instrument for the amount of any of the foregoing amounts.
After we have successfully charged your Payment Instrument, you consent to Pangea acting as your agent in a custodial capacity until your consumer funds are transferred by Pangea to the Receiver. This includes the temporary storage of your consumer funds in a bank account specifically designated for the benefit of Pangea’s customers.
You may be subject to fees (including a cash advance fee) under your agreement with the bank or other financial institution that issues your Payment Instrument when you use such Payment Instrument for a Transaction. You should review your agreement with your bank regarding such potential fees.
8. Text Messaging.
Informational Communications: By creating an Account and providing a mobile phone number, you authorize us to call the number provided and to send informational text (SMS) messages as part of the normal business operation of your use of the Services. We may use an auto-dialer, prerecorded messages, and/or SMS text message to make such call(s). Receipt of mobile phone calls and text messages may be subject to charges from your service provider. You may opt-out of receiving marketing text (SMS) messages from Pangea at any time by texting the word STOP.
Marketing Communications: If you opt-in to our Recurring Text Message Program, you will agree that we may send you text messages regarding product updates, promotions or other information. These text messages may be send up to 30 times per month. You are not required to consent to receiving marketing texts as a condition to using our Services. The Terms and Conditions for the Pangea Recurring Text Message Program, including with information on how you may opt-out of these text messages, will be provided to you when you opt-in.
If you have opted-in, we may send you advertisements or telemarketing messages and/or promotional offers to you using an automatic telephone dialing system or an artificial or prerecorded voice or SMS text message to the mobile phone number provided in your Account set up. We may also contact you to provide information regarding other financial or consumer products offered by Pangea or offered by others that we feel may interest you. Carrier message and data rates may apply.
9. Email communications.
10. Push notifications.
If you have agreed to receive push notifications, you agree that we may send you push notifications for the purpose of advising you of changes or additions to our Services or for such other purposes as we deem appropriate and as permissible by law.
11. Reliance on You by Pangea.
You represent and warrant that all information that you enter regarding the Transaction is true and complete. When processing a Transaction, Pangea may rely on the registration information and any other information that you provide. You acknowledge that any errors in the information, including misidentification of the Receiver, incorrect or inconsistent account names and numbers, or misspellings, are your responsibility and that Pangea shall have no liability for executing a Transaction based upon the inaccurate or incomplete information you provided or entered.
12. No Unlawful or Prohibited Use of Intellectual Property.
The Service and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof and any software used on the Website or Mobile Application), are owned by Pangea, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You are granted a non-exclusive, non-transferable, revocable license to access and use Pangea strictly in accordance with these Terms & Conditions. As a condition of your use of the Website or Pangea Mobile Application, you promise and warrant to Pangea that you will not use the service for any purpose that is unlawful or prohibited by these Terms & Conditions. In no event may the Website, any Mobile Application or the Service be used in a manner that: (i)harasses, abuses, stalks, threatens, defames or otherwise infringes or violates the rights of any other party (including but not limited to rights of publicity or other proprietary rights); (ii) is unlawful, fraudulent, deceptive or otherwise violates any applicable federal, State, local or international law, statute, ordinance or regulation; (iii) uses technology or other means to access Pangea that is not authorized by Pangea; (iv) uses or launches any automated system, including without limitation, “robots,” “spiders,” or “offline readers,” to access Pangea; (v) attempts to introduce viruses or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (vi) attempts to gain unauthorized access to Pangea’s computer network or user accounts; (vii) encourages conduct that would constitute a criminal offense, or that gives rise to civil liability; (viii) violates these Terms & Conditions; (ix) attempts to damage, disable, overburden, or impair our servers or networks or otherwise attempts to interfere with the proper working of the service; (x)infringes on our or any third party’s copyright, patent, trademark, trade secret or other intellectual property rights, or rights of publicity or privacy; (xi) provides false, inaccurate or misleading information; or (xii) may cause us to lose any of the services from our Internet service provider or other suppliers.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content (“Protected Content”), in whole or in part, found on the Service. Pangea content is not for resale. Your use of the Service does not entitle you to make any unauthorized use of any Protected Content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use Protected Content solely for your personal use and will make no other use of the content without the express written permission of Pangea and the copyright owner. You agree that you do not acquire any ownership rights in any Protected Content. We do not grant you any licenses, express or implied, to the intellectual property of Pangea or our licensors except as expressly authorized by these Terms & Conditions.
The Company name, and all related names, logos, product and service names, designs and slogans are trademarks of Pangea or its affiliates or licensors. You must not use such marks without the prior written permission of Pangea. All other names, brands and marks are used for identification purposes only and are the trademarks of their respective owners.
13. Dispute Resolution by Binding Arbitration.
In consideration of Pangea providing you the Service, you agree to waive all rights to a jury trial and instead agree to arbitrate all claims or disputes with Pangea arising out of or related to these terms (“Disputes”). Disputes are subject to binding arbitration under the arbitration rules set forth under Delaware law. You understand that this agreement to arbitrate also applies to all Disputes that Pangea may have with you. You agree that any arbitration will be administered by the Judicial Arbitration and Mediation Services, Inc. (“JAMS”), pursuant to its Streamlined Arbitration Rules & Procedures (the “JAMS Rules”) in Chicago, IL by one or more arbitrators as described in the JAMS Rules, unless Pangea elects to designate another arbiter and process that is impartial in order to expedite small claims. The arbitrator(s) will have the power to decide any motions brought by any party to the arbitration prior to any arbitration hearing, will issue a written decision on the merits, will have the power to award any remedies, including reasonable attorneys’ fees and costs, available under applicable law, and will administer and conduct any arbitration in a manner consistent with the JAMS Rules (or alternative process, if applicable). Each of you and the Company will pay its own arbitration costs pending the arbitrator’s decision. All Disputes must be commenced within one year after the events giving rise to such Dispute arise. The decree or award rendered by the arbitrator may be entered as a final and binding judgment in any court having jurisdiction. The arbiter shall award attorneys’ fees and costs to the prevailing party except as prohibited by law. Arbitration will be the sole, exclusive, and final remedy for all Disputes, except that Pangea may seek equitable relief in any court with jurisdiction for any misappropriation of its intellectual property rights. To be clear, BY AGREEING TO BINDING ARBITRATION YOU WAIVE YOUR RIGHT TO A JURY TRIAL, VARIOUS RIGHTS TO DISCOVERY AND OTHER IMPORTANT PROCEDURES. Despite the foregoing, Pangea can elect to bring a lawsuit against you in any court with jurisdiction for the misappropriation or infringement of Pangea’s intellectual property rights, instead of arbitration.
14. Disclaimer of Warranties.
THE SERVICE AND THE CONTENT ARE PROVIDED “AS IS” AND ANY SERVICE OBTAINED THROUGH PANGEA IS AT YOUR OWN RISK. PANGEA DISCLAIMS ALL WARRANTIES, GUARANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ALL IMPLIED WARRANTIES, GUARANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. PANGEA DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SERVICE WILL MEET YOUR REQUIREMENTS, OR THAT THEIR OPERATION WILL BE UNINTERRUPTED, ERROR FREE, OR FREE FROM VIRUSES OR OTHER COMPONENTS THAT MIGHT CAUSE DAMAGE TO YOUR PROPERTY, OR THAT DEFECTS OR ERRORS IN THE NETWORK OR THE CONTENT WILL BE CORRECTED. YOUR SOLE REMEDY FOR ANY SURVIVING WARRANTIES WILL BE TO CEASE USE OF THE SERVICE AND CONTENT OR TO TIMELY ADVISE PANGEA OF ANY DEFICIENCY AND ALLOW PANGEA TO CORRECT SUCH DEFICIENCY TO THE EXTENT PRACTICAL AS REASONABLY DETERMINED BY PANGEA. THE DURATION OF ANY SURVIVING WARRANTY, GUARANTY OR CONDITION THAT CANNOT BE DISCLAIMED WILL NOT EXCEED NINETY DAYS OR ANY LONGER SPECIFICALLY MANDATED PERIOD.
YOU ARE RESPONSIBLE FOR IMPLEMENTING SUFFICIENT PROCEDURES AND CHECKPOINTS TO SATISFY YOUR PARTICULAR REQUIREMENTS FOR ANTI-VIRUS PROTECTION AND ACCURACY OF DATA INPUT AND OUTPUT, AND FOR MAINTAINING A MEANS EXTERNAL TO OUR SITE FOR ANY RECONSTRUCTION OF ANY LOST DATA. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, MOBILE DEVICE, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH PANGEA.
NEITHER PANGEA NOR ANY PERSON ASSOCIATED WITH PANGEA MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE.
PANGEA HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
15. Limitation of Liability.
Pangea will not be liable for a breach of these Terms & Conditions as a result of: (a) abnormal and unforeseeable circumstances outside our control where a breach was unavoidable despite all efforts to the contrary, including, without limitation, delays or failures caused by industrial action, problems with another system or network, mechanical breakdown or data-processing failures; or (b) compliance with obligations under domestic or international law.
You are responsible for any chargeback, claim, reversal, fee, fine, penalty and other liability incurred by us, another user of the Services, or a third party if any of the foregoing is caused by or arising out of your breach of these Terms & Conditions and/or your use of the Service in violation of these Terms & Conditions. Except as limited by applicable law, you agree to reimburse us, another User, or a third party for any and all such liability.
EXCEPT AS OTHERWISE REQUIRED BY LAW, PANGEA’S LIABILITY IS LIMITED TO THE U.S. DOLLAR AMOUNT SHOWING ON THE FACE OF RECEIPT FOR YOUR MONEY TRANSFER, INCLUDING SERVICE CHARGES. EXCEPT AS PROVIDED IN THE PREVIOUS SENTENCE, IN NO EVENT SHALL THE COMPANY AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR: (A) LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE PANGEA WEBSITE OR PANGEA MOBILE APPLICATIONS, (B)THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, (C) THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR (D) FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR (E) OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF PANGEA OR ANY OF ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE, OR WITH ANY OF THESE TERMS & CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE PANGEA WEBSITE OR PANGEA MOBILE APPLICATIONS TO CONDUCT MONEY TRANSFERS.
IF PANGEA DOES NOT PROPERLY COMPLETE TRANSACTIONS ON TIME OR IN THE CORRECT AMOUNT IN ACCORDANCE WITH THESE TERMS & CONDITIONS, THE COMPANY MAY BE LIABLE FOR YOUR LOSSES, UP TO THE LIMITATION DESCRIBED IN THE PRECEDING PARAGRAPH. HOWEVER, THE COMPANY WILL NOT BE LIABLE IF: (A) THROUGH NO FAULT OF THE COMPANY, YOU DO NOT HAVE ENOUGH FUNDS AVAILABLE IN YOUR DEBIT CARD ACCOUNT TO COMPLETE THE TRANSACTION; (B) OUR THIRD PARTY PARTNERS (PAYING AGENT, RETAILER, PROCESSOR, ETC.) OR RECEIVER REFUSED TO ACCEPT YOUR MONEY TRANSFER; (C) YOUR FUNDS ARE SUBJECT TO LEGAL PROCESSES OR OTHER ENCUMBRANCES RESTRICTING MONEY TRANSFER; (D) YOU PROVIDED INCORRECT OR INCOMPLETE TRANSACTION INFORMATION TO THE COMPANY; OR (E) YOUR USE OF THE SERVICE IS NOT AN ACCEPTABLE USE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
You agree to indemnify, defend and hold harmless Pangea, its affiliates, and licensors and their respective officers, directors, employees, agents, contractors and third parties (including without limitation licensors, suppliers), from and against any claims, losses, damages, judgments, awards, costs, liabilities, expenses or fees (including without limitation reasonable attorneys’ fees) resulting from your violation of these Terms & Conditions or your use of the Service in violation of these Terms & Conditions, including without limitation any use of the Website’s content or services other than as expressly authorized in these Terms & Conditions or your use of any information obtained from the Website or Service, or your negligence, fraud or willful misconduct.
Pangea reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with the Company in asserting any available defenses.
17. Void Where Prohibited.
Not all Services are available to all persons or in all States. We reserve the right to limit, at our sole discretion, the provision of any such Services to any person or in any location. Any offer of a Service in these Terms & Conditions shall be deemed void where prohibited.
18. Waiver and Severability.
No waiver of these Terms & Conditions shall be deemed a further or continuing waiver of such term or condition or any other term or condition, and any failure of the Company to assert a right or provision under these Terms & Conditions shall not constitute a waiver of such right or provision.
If any provision of these Terms & Conditions is held by a court of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms & Conditions will continue in full force and effect.
19. Entire Agreement.
20. Changes to the Terms & Conditions.
We reserve the right to withdraw or amend this Service, and any material we provide for the Service, in our sole discretion without notice, except as otherwise required by law. We will not be liable if for any reason all or any part of the Service is unavailable at any time or for any period. From time to time, we may restrict access, in our sole discretion, to some parts of the Service, or the entire Service, to certain Users.
We may amend these Terms & Conditions at any time by posting a revised version on pangeamoneytransfer.com or any other website that we maintain for the purposes of providing the Services. The most current version of the Terms & Conditions will supersede all previous versions and are effective at the time we post them. We encourage you to periodically review our agreements to stay informed of our updates and to take notice of any changes we make, as they are binding on you. We may provide you with notice regarding material upcoming changes to the Terms & Conditions by email or SMS. You agree that your continued use of the Service following the posting of revised Terms & Conditions means that you accept and agree to the revised Terms & Conditions.
21. Contact us if you have any questions.
Thank you for using Pangea! If you have questions or concerns, please call us at (866) 858-9928, email us at email@example.com, or contact us by mail at:
Attn: Legal Department
Pangea Universal Holdings, Inc.
P.O. Box 3740
Chicago, IL 60654
22. If you are a Receiver in Mexico.
You can share with us your questions or concerns at (55) 8526 8312, email us at firstname.lastname@example.org, or contact us by mail at:
Attn: Atención al Cliente Pangea
Pangea Latin America, S.A. de C.V.
Varsovia #36, Oficina 721, Piso 7
Col. Juarez, Del. Cuahutemoc, C.P. 06600
Ciudad de Mexico