Afro International Limited Inc. Terms and Conditions / User Agreement
 

This User Agreement is effective as of 2013-10-01 and governs the terms under which you may access and use Afro International’s websites (for purposes of this User Agreement, "websites" includes our mobile applications) and the services associated with it (together, the "Service"). Do not access or use the Service if you do not agree to be bound by the User Agreement. By accessing and using the Service, you are agreeing to the User Agreement.

As used throughout this User Agreement, the terms "Afro International", "we", "us", and "our" refer to Afro International Corporation, a Maryland corporation, together with its employees, consultants, directors, successors, affiliates, and assignees. The terms "you" and "your" refer to users of the Service, whether in their capacity as Senders, Recipients, or visitors to our websites.

1. OVERVIEW OF THE SERVICE

The Service was created to help our customers send money transfers to family and friends. We recommend that you use the Service only to send money to people you know personally. You should never use the Service to send money to strangers.

The Service allows people to send and receive money around the world. A "Sender" is someone who uses the Service to send money. A"Recipient" is someone who receives money from a Sender through the Service. The "Recipient Country" is the country in which the Recipient receives money through the Service. A "Transaction" is a specific instruction to send money through the Service. The "Transaction Amount" is the amount that the Sender provides to Afro International to send the Transaction. The "Payout Amount" is the amount paid out to the Recipient, excluding any taxes or charges that may be levied under the laws of the Recipient Country (the "Local Taxes").

2. ACCESSING THE SERVICE

  1. Eligible Users. You must be at least eighteen (18) years old to access or use the Service as a Sender. You must be able to form legally binding contracts under applicable law. Other restrictions may apply.
  2. Mobile Services. The Service is also accessible via a mobile device. To the extent you access the Service through a mobile device, your wireless service carrier's standard charges, data rates and other fees may apply.
  3. Not Available to Certain Users. The Service may not be available in whole or in part in different countries and jurisdictions as determined by local laws and regulations.

3. OFFER AND ACCEPTANCE

If you submit a Transaction, you are requesting that we process your Transaction, an offer which we may accept or reject at our sole discretion from our place of business in Maryland.

4. PAYMENT

  1. Charges. For each Transaction that you submit, you agree to pay us a transfer fee (the "Transfer Fee") plus the Transaction Amount. Additional charges may apply. Payment is due at the time your Transaction is submitted for processing. Afro International only accepts payment in U.S. Dollars. If you submit a Transaction that results in Afro International’s being charged non-sufficient fund fees, chargeback fees, or other similar fees, you agree to reimburse us for all such fees. In some instances, for Transactions funded from the Sender's bank account, you agree that Afro International may debit your bank account for less than the amount of the transfer (i.e., for a transfer of $500, Afro International may debit $499.98 from the bank account), as part of our effort to confirm ownership of the account.
  2. Payment. In order for us to collect payment from you, you authorize us to access, charge, or debit funds from any of the payment instruments you provide us in connection with your use of the Service (each, a "Payment Instrument") including, for example, your credit card, debit card or bank account. If your payment fails or is insufficient, you authorize us to re-try one or more times using the same or a different Payment Instrument. For example, if there are insufficient funds in your bank account at the time you submit your Transaction, we may try to debit your bank account or charge your credit card at a later time. You represent and warrant that you are the lawful owner of your Payment Instrument(s).
  3. Other Charges. Afro International is not responsible for any fees or charges that may be imposed by the financial institutions associated with your Payment Instruments. For example (without limitation), some credit card issuers may treat the use of your credit card to use the Service as a"cash advance" rather than a purchase transaction, and may impose additional fees and interest rates for the transaction. Afro International is not responsible for any non-sufficient funds charges, chargeback fees, or other similar charges that might be imposed on you by your bank, credit card issuer, or other provider.
  4. Foreign Currencies. Afro International and its Service Providers (defined below) usually make money when you pay for a Transaction in one currency and the Transaction is paid out in another currency, which is based on the difference between the exchange rate at which we buy foreign currency and the exchange rate provided to you. You agree, when you send a Transaction to a Recipient's bank account, that the bank account is denominated in the same currency as the Transaction (e.g., if your Transaction calls for Afro International to deposit pesos into the Recipient's bank account, then you confirm that the Recipient's bank account is denominated in pesos).
  5. Scheduled Money Transfers. By utilizing Afro International’s scheduled money transfers product, you authorize us to submit transactions on your behalf, in accordance with your instructions. You understand that Afro International will continue to process recurring transactions until you instruct us to stop. You further understand that you must schedule money transfers at least five (5) business days before the transfer date. If you cancel a recurring transaction prior to 11:59:59 PM (Pacific Time) on the day before the transaction is scheduled for processing, we will cancel the transaction, and your funding source will not be debited. For transactions that involve exchanges of foreign currency, you understand that Afro International may be unable to predict the foreign exchange rate on the date of the transaction, and you agree that we may apply whatever rate is in effect on the Transaction date.

5. TRANSACTION PAY OUTS

  1. Service Providers. We work with local banks, money exchange houses, and other third party service providers (each, a "Service Provider") to pay funds out to Recipients. You, in your capacity as a Sender, hereby appoint your Recipient as your agent for the purpose of receiving funds in connection with the Service. We attempt to provide up-to-date information on our websites regarding the location, availability, and hours of our Service Providers. However, you agree that Afro International is not responsible for any inaccurate or incomplete information that may be posted on its websites.
  2. Verification. Recipients may be required to prove their identity before receiving funds by presenting valid, unexpired identification document(s) from a list of acceptable forms of identification. In addition, Recipients may be required to provide a Transaction number, a personal identification number (or PIN), a "password", a "secret word", and/or another, similar identifier associated with their Transaction. You give Afro International permission to store all such data, as necessary to provide the Service.

6. RESTRICTIONS

  1. General. We may, at any time and in our 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. Any such limits may be imposed on individual accounts, linked accounts, or on related accounts or households, in Afro International’s sole discretion. We 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.
  2. Delays. Your Transaction may be delayed or cancelled in the course of our efforts to verify your identity, validate your Transaction instructions and Payment Instruments, contact and locate you or your Recipient, and otherwise comply with applicable law. Business hours and currency availability of our Service Providers may also cause delays. Nevertheless, you may be entitled to a refund in certain circumstances, as described below in Section 9.
  3. Commercial Transactions. The use of the Service for commercial purposes is prohibited. You agree that you will only use the Service to send money to people that you know personally and for personal reasons. If Afro International discovers you are using the Service to purchase goods or services, we may cancel your Transaction(s) and close your account.
  4. Pay Only When Received or "POWR." For certain Afro International transfers, your Recipient may receive the funds before your funding source is debited for the transfer (and any accompanying fees). We call this product "POWR", though it may be called by different names depending on the Recipient Country or Service Provider. If your Transaction qualifies for Afro International’s POWR product, then your funding source will not be debited until your Recipient receives the funds. You understand that not all Transactions are eligible for POWR, and that the POWR product is subject to many factors, including (without limitation) Recipient Country, funding source, transfer amount, transaction history and approval by Afro International’s proprietary verification system. You understand that you may or may not know whether you have qualified for POWR until after you have authorized the transfer. Afro International reserves the right to terminate, suspend, or modify POWR at any time, and to reject any transfer from qualification for POWR at any time, for any reason.
  5. Unauthorized Transactions. You may not use the Service in violation of this User Agreement or applicable laws, rules or regulations. It is a violation of the User Agreement to use the Service for commercial purposes, including (without limitation) for purchases of goods or payments for services of any kind. Afro International may cancel any Transaction and close any account that it suspects is being utilized for any of the following activities (without limitation): sexually-oriented materials or services; gambling activities; fraud; money-laundering; funding terrorist organizations; purchase or sale of tobacco, firearms, prescription drugs, or other controlled substances; or sending money to a Recipient that has violated the User Agreement. If you use the Service in connection with illegal conduct, Afro International reserves the right to report you to the appropriate law enforcement agency or agencies.
  6. Ineligibility. Not all Payment Instruments are available to all customers at all times. We may, in our sole discretion, refuse Transactions funded from certain Payment Instruments. We may, at our sole discretion, refuse Transactions from certain Senders and to certain Recipients, including without limitation, entities and individuals that are included on the Specially Designated Nationals list, Non-cooperative Countries and Territories list, and such other lists as may be issued from time to time by the U.S. Department of Treasury and other government agencies.
  7. Others. You may not submit or receive a Transaction (i) on behalf of any other person, (ii) on behalf of a business or other non-human entity or (iii) on behalf of a charitable organization without Afro International’s express consent. We may, at any time and in our sole discretion, (A) refuse any Transaction, or (B) close multiple accounts held by an individual, persons related to the individual or persons living in the same household as the individual.
  8. No Changes. We generally do not let you change the details of your Transaction once it has been submitted to us for processing. It is your responsibility to make sure your Transaction details are accurate.
  9. Restricted Activities. In connection with your use of our websites or the Service, or in the course of your interactions with Afro International, a Sender, Recipient or a third party and, in addition to other restrictions in this User Agreement, you will not:
    • Breach this User Agreement, or any other agreement between you and Afro International;
    • Open more than one account;
    • Provide false, inaccurate, or misleading information;
    • Refuse to cooperate in an investigation or provide confirmation of your identity or any information you provide to us;
    • Use an anonymizing proxy; and
    • Provide yourself a cash advance from your credit card (or help others to do so).

7. COLLECTION OF INFORMATION

  1. Privacy Policy. By agreeing to this User Agreement, you acknowledge and consent to Afro International’s Privacy Policy. The Privacy Policy can be found on our websites or by clicking here: Privacy Policy.
  2. Customer Identification Program. To help the government fight the funding of terrorism and money laundering activities, U.S. law requires that we obtain, verify, and record information about you. We may require that you provide us with nonpublic, personal, identifying information. We may also lawfully obtain information about you from other sources without your knowledge, including non-personal identifying information that we may obtain while you visit our websites. Please see our Privacy Policy.
  3. Government Disclosures. We may provide information about you and your Transactions to government authorities and enforcement agencies, as described in our Privacy Policy.
  4. Verifying information. You authorize us, directly or through third parties, to make any inquiries we consider necessary to validate the information that you provide to us. This may include asking you for additional information, requiring you to take steps to confirm ownership of your e-mail address or financial instruments, or verifying your information against third party databases or through other sources.

8. ERRORS AND PROBLEMS

  1. Errors. You have a right to dispute errors in your Transaction. If you think there is an error, contact us within 180 days of the Transaction at 202-657-4422 (outside the United States, call +1 (202) 657-4422) or online.
    • You can cancel for a full refund within 30 minutes of authorizing your transaction, unless the funds have already been picked up, deposited, or delivered to the Recipient.
    • For questions or complaints about Afro International, contact us online; by telephone at 202-657-4422 (outside the United States, call +1 (202) 657-4422); or by mail at Afro International Inc., attn: Customer Service, 6475 New Hampshire Ave, Suite # C504H, Hyattsville, Maryland, 20783 USA.
    • For additional information, click here .
  2. General. Please let us know if you have any problems with the Service. You can contact us using the contact information at the bottom of this User Agreement.
    Consumer complaints should be in writing, providing as much detail as possible. Please include the following information:
    • The name of the institution and the name of any person(s) at the institution with whom the complainant has had contact. Include telephone number(s) and addresses.
    • A complete description of the complaint and any efforts that have been made to resolve the complaint directly with the institution.
    • Copies of any available documentation supporting the complaint and efforts toward resolution.
    • Any suggestions regarding a preferred resolution of the complaint.

    For questions or complaints about Afro International Ltd Inc, contact: Bureau of Financial Institutions Virginia Phone : 804-371-9657 Web : www.scc.virginia.gov
    You may also contact : Consumer Financial Protection Bureau 855-411-2372 855-729-2372 (TTY/TDD) www.consumerfinance.gov

    Refunds:

    RIGHT TO REFUND: REFUNDS OF PRINCIPAL AMOUNT and cancellation of the money transfer will be made upon written request of the Sender if payment to the Receiver has not yet been made at the time the request is processed by Afro International Ltd Inc. REFUNDS OF TRANSFER FEES will be made upon written request of the Sender if the money transfer is not available to the Receiver within the time specified by Afro International Ltd Inc for the selected service, subject to the hours of operation that the Service is offered at the Agent location selected by the Receiver for payment and other special conditions. Refunds will be made within 45 days of receipt of a valid written request from the Sender. Please send written requests to : - Afro International Ltd Inc, Refunds Dept, 6475 New Hampshire Ave, Suite # C504H, Hyattsville, Maryland, 20783, FAX Number : +1 (202) 315 3547. For More information, please visit our website at www.afroint.com

9. AFRO INTERNATIONAL’S INTELLECTUAL PROPERTY

You acknowledge that the Service, including but not limited to the content of our websites, text, graphics, links, buttons, logos, and images, as well as all other Afro International patents, copyrights, trademarks, trade secrets, service marks, logos, and product and service names are owned exclusively by Afro International (the "Afro International Intellectual Property"). You agree not to display, use, copy, or modify the Afro International Intellectual Property in any manner. You are authorized solely to view and retain a copy of the pages of our websites for your own personal, non-commercial use. You further agree not to:

  • engage in or use any automated devices, data mining, robots, scraping or similar data gathering or extraction methods to access or use the Service;
  • modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Service, in whole or in part, except that the foregoing does not apply to the information that you legally upload to the Service;
  • remove or alter any author, trademark or other proprietary notice or legend displayed on our websites (or printed pages thereof);
  • infringe Afro International’s or any third party's copyright, patent, trademark, trade secret or other intellectual property rights, or rights of publicity or privacy.

The technology and software underlying the Service or distributed in connection therewith are the property of Afro International, its affiliates and Service Providers (the "Software"). Subject to the terms and conditions of this User Agreement, Afro International hereby grants you a non-transferable, non-sublicensable and non-exclusive right and license to use the object code of any Software on your device(s) solely in connection with the 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 Afro International.

10. DISCLAIMER OF WARRANTIES

THE SERVICE AND SOFTWARE, IF APPLICABLE, IS PROVIDED "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, but we make no representations or warranties regarding the time needed to complete processing because the Service is largely dependent on many factors outside our control. Some jurisdictions do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you.

INDEMNITY

You agree to indemnify and hold Afro International, its suppliers, vendors, Service Providers, and their respective subsidiaries, officers, agents, partners, employees, and consultants harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Service, your connection to the Service, your violation of the User Agreement, or your violation of any rights of a third party.

  • DISPUTE RESOLUTION AND GOVERNING LAW
  • Governing Law. This User Agreement shall be governed according to the laws of the State of Maryland, and all activities performed in connection with the Service shall be deemed to have been performed in Maryland. Any controversy, dispute, or claim arising out of or relating to the Service or User Agreement (a "Claim") shall be governed by and construed in accordance with the laws of Maryland, except that body of law governing conflicts of law.
  • Disputes with Afro International. If a dispute arises between you and Afro International, our goal is to learn about and address your concerns. If we are unable to address your concerns to your satisfaction, we will seek to provide you with a neutral and cost-effective means of resolving the dispute quickly. Disputes between you and Afro International regarding the Service may be reported to Customer Service (See section 14, "Contact Information," below).
  • The commissioner of Financial Regulation for the state of Maryland will accept all questions or complaints regarding this Authorized delegate Afro International Limited Inc, NMLS number 1030072 at 500 North Calvert Street, Suite 402 Baltimore, Maryland 21202, Phone (888) 784 0136

11. ELECTRONIC COMMUNICATIONS

You acknowledge that this User Agreement shall be entered into electronically. Unless otherwise required by applicable law, the following categories of information ("Communications") will only be provided by electronic means and not in paper format or through other non-electronic means:

  • this User Agreement and our Privacy Policy and any amendments, modifications or supplements to them;
  • your records of transactions through the Service;
  • any initial, periodic or other disclosures or notices provided in connection with the Service, including without limitation those required by federal or state law;
  • any customer service communications, including without limitation communications with respect to claims of error or unauthorized use of the Service; and
  • any other communication related to the Service or Afro International. Electronic means may also include SMS, or texting. You may receive up to two (2) SMS alert messages for each Transaction if you agree to receive SMS messages from Afro International. Message and data rates may apply when you receive SMS messages on your mobile phone. To stop receiving SMS messages from Afro International, contact Customer Service.

You may withdraw your consent to receive all Communications electronically, but if you do, your use of the Service shall be terminated. In order to withdraw your consent, you must contact us using our contact information at the end of this User Agreement.

In order to access and retain Communications, you must have:

  • an Internet browser that supports 128-bit encryption,
  • an e-mail account and the capability to read e-mail from Afro International, and
  • a device and Internet connection capable of supporting the foregoing.

12. MISCELLANEOUS

  • Customer Updates. You must promptly update us with any change in your e-mail address and telephone number by updating your profile on our websites. If Afro International does not have correct contact information, Afro International may not be able to notify you with important information or changes in your Transaction status.
  • Entire Agreement. The User Agreement constitutes the entire agreement between you and Afro International and governs your use of the Service, superseding any prior agreements between you and Afro International.
  • No Waiver. The failure of Afro International to exercise or enforce any right or provision of the User Agreement shall not constitute a waiver of such right or provision. 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.
  • Modification. We may modify this User Agreement from time to time without notice to you, except as may be required by law. You can review the most current version of the User Agreement at any time by reviewing our websites. You may terminate your use of the Service if you do not agree with any modification or amendment. If you use the Service after the effective date of an amendment or modification, you shall be deemed to have accepted that amendment or modification. You agree that you shall not modify this User Agreement and acknowledge that any attempts by you to modify this User Agreement shall be void.
  • Language. In the event there is any inconsistency between the English and Spanish or other language text on our websites, including the User Agreement, the English text shall be binding.
  • Special Notice 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 the Service or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk. Recognizing the global nature of the Internet, 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.

13. SECURITY

Your security and the integrity of your account is a top priority and Afro International works hard to make sure that your information is secure. Afro International is a safe and convenient way to send money to family members and to other people that you trust. However, scams and fraudsters are abundant and we urge you not to send money to anyone that you do not know personally. In particular, you should be cautious of deals or offers that seem too good to be true. If you think you have been or might be a victim of fraud, please contact us immediately by telephone at 202-657-4422 (outside the United States, call +1 (202) 657-4422) or online. If you are aware of anyone or any entity that is using the Service inappropriately, please e-mail us at customerservice@afroint.com. If you receive any fake (phishing) e-mails purporting to be from Afro International, please forward them to us at customerservice@afroint.com

14. CONTACT INFORMATION

Questions, notifications, and requests for refunds or further information can be sent to Afro International, as follows: online; by telephone at 202-657-4422 (outside the United States, call +1 (202) 657-4422); or by mail at Afro International limited Inc., attn: Customer Service, 6475 New Hampshire Ave, Suite # C504H, Hyattsville, Maryland, 20783 USA.

 
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