Kemoson User Agreement


This User Agreement is effective as of 2015-01-01 and governs the terms under which you may access and use this website 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 "Kemoson", "we", "us", and "our" refer to Kemoson Management Associates, a Washington based Limited Liability Company, together with its employees, 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 this website.


OVERVIEW OF THE SERVICE

The Service was created to help Kemoson customers send money to families and friends in The Gambia. 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. A "Sender" is someone who uses the Service to send money. A "Recipient" is someone who uses the Service to receive money. The "Destination 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 for transmittal to the Recipient, excluding applicable fees and prior to any foreign exchange conversion. 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 Destination Country (the "Local Taxes").


ACCESSING THE SERVICE

  • 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.
  • Not Available to Certain Residents. The Service may not be available in whole or in part in different states, countries, and jurisdictions.
  • Unless authorized by the U.S. Government, Kemoson prohibits money transmission services, to destinations subject to U.S. embargoes or trade sanctions.
  • 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 Lynnwood, Washington

PAYMENT Charges

For each transaction that you submit, you agree to pay us a service fee plus the Transaction Amount. Additional charges may apply. Payment is due at the time you submit your Transaction. Kemoson only accepts payment in U.S. Dollars. If you submit a transaction that results in Kemoson being charged with NSF 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 Kemoson may charge your bank account for less than the amount of the transfer (i.e., for a transfer of $500, Kemoson may debit the bank account for $499.98), as part of our effort to confirm ownership of the account.


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


Other Charges

Kemoson 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. Kemoson is not responsible for any insufficient funds charges, NSF fees, chargeback fees, or other, similar charges that might be imposed on you by your bank, credit card issuer, or other provider.


Foreign Currencies

Kemoson and its Associates (defined below) usually make money when you pay for a Transaction in one currency, and the Transaction is paid out in another, based on the difference between the exchange rate at which we buy foreign currency and the exchange rate provided to you. You agree that, when you send a Transaction to a Recipient’s bank account, that the bank account is denominated in the same currency as the Transaction.


Verification

Recipients may be required to prove their identity before receiving funds by presenting valid, unexpired identification papers from a list of acceptable forms of identification. In addition, Recipients may be required to provide a Transaction tracking number, a personal identification number (or PIN), a “password”, a "secret word", and/or another, similar identifier associated with their Transaction. You give Kemoson permission to store all such data, as necessary to provide the Service.


RESTRICTIONS

General.Kemoson 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. Any such limits may be imposed on individual accounts, linked accounts, or on related accounts or households, in Kemoson’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.


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, and otherwise comply with applicable law. Business hours and currency availability may also play a role. Nevertheless, you may be entitled to a refund in certain circumstances, as described herein.


Commercial Transactions

You should not use the Service to send money except to people that you know personally. We have no control over, and are not responsible for, the quality, safety, legality, or delivery of goods or services that you pay third parties for using the Service. You acknowledge that any use of the Service to pay for such goods and services is at your own risk. If Kemoson discovers you are using the Service to purchase goods or services, we reserve the right to cancel your transaction(s).


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 any of the following activities (without limitation): sexually-oriented materials or services, gambling activities, fraud, money-laundering, the funding of terrorist organizations, or the purchase or sale of tobacco, firearms, prescription drugs, or other controlled substances; or to send money to a Recipient that has violated the User Agreement. If you use the Service in connection with illegal conduct, Kemoson reserves the right to report you to the appropriate law enforcement agency or agencies.


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. If you wish to send a Transaction to the Gambia, your Payment Instrument must be issued by a U.S. financial institution. 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.


Others

You may not submit or receive a Transaction on behalf of any other person. If you intend to submit or receive a transaction on behalf of a business or other non-human entity, you must inform Kemoson of your desire to do so. You agree to provide us with additional information about any such entity, as requested by Kemoson.


No Changes

We generally do not let you change the details of your Transaction once it's submitted to us for processing. It is your responsibility to make sure your Transaction details are accurate.


Restricted Activities

  • Breach this User Agreement, or any other agreement between you and Kemoson;
  • Open more than one account, without our prior written permission;
  • 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;
  • Provide yourself a cash advance from your credit card (or help others to do so);
  • Use any robot, spider, other automatic device, or manual process to monitor or copy our website without our prior written permission.

COLLECTION OF INFORMATION

Privacy Policy

By agreeing to this User Agreement, you acknowledge and consent to Kemoson's Privacy Policy. The Privacy Policy can be found by clicking here privacy policy


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 this website. Please see our Privacy Policy.


Government Disclosures

We may provide information about you and your Transactions to government authorities and enforcement agencies, as described in our Privacy Policy.


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 email address or financial instruments, verifying your information against third party databases, or through other sources.


PROBLEMS

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.

Washington State

After first contacting Kemoson, if you are a Washington resident and you still have an unresolved complaint regarding Kemoson’s money transmission, please direct your complaint to: Washington Department of Financial Institution 150 Israel Rd SW Tumwater, WA 98501 1-877-746-4334. (Toll free) http://www.dfi.wa.gov/consumers/moneytrans.htm.

Refunds.
In general, we do not provide refunds unless we did something wrong. We will consider your written request for a refund (submitted by email, fax, or U.S. mail using the contact information at the bottom of this User Agreement) if you provide the Sender’s full name, address, and phone number, together with the Transaction tracking number, Transaction Amount, and the reason for your refund request.

If we do provide you a refund, we will only refund the Transaction Amount if the Transaction was not paid out to the Recipient (in which case we will also cancel your pending Transaction); otherwise, we will only refund the Service Fee. Refunds will be credited to the same Payment Instrument used to pay for the Transaction. Refunds are only made in U.S. dollars. Refund amounts will not be adjusted to account for changes in the value of the U.S. dollar or foreign currency from the time your Transaction was submitted


RIGHT TO REFUND

You, the customer, are entitled to a refund of the money to be transmitted as the result of this agreement if Kemoson does not forward the funds received from you within 10 days of the date of its receipt, or does not give instructions committing an equivalent amount of funds to the person designated by you within 10 days of the date of the receipt of the funds from you unless otherwise instructed by you.

If your instructions as to when the funds shall be forwarded or transmitted are not complied with and the funds have not yet been forwarded or transmitted you have a right to a refund.

§  If you want a refund, you must fax your written request to Kemoson at (206) 544-1299; or mail it to Kemoson Financial Services, attn: Customer Service, 3932 149th PL SW, Lynnwood WA 98087, USA.


KEMOSON'S INTELLECTUAL PROPERTY

You acknowledge that the Service, including but not limited to the content of this website, text, graphics, links, buttons, logos, and images, as well as all other Kemoson copyrights, trademarks, service marks, logos, and product and service names are owned exclusively by Kemoson (the "Kemoson Intellectual Property"). You agree not to display, use, copy, or modify the Kemoson Intellectual Property in any manner. You are authorized solely to view and retain a copy of the pages of this website for your own personal, non-commercial use. You further agree not to: (i) use any robot, spider, scraper or other automated device to access the Service; (ii) remove or alter any author, trademark or other proprietary notice or legend displayed on this website (or printed pages thereof); or (iii) infringe Kemoson’s or any third party’s copyright, patent, trademark, trade secret or other intellectual property rights, or rights of publicity or privacy.


INDEMNITY

You agree to indemnify and hold Kemoson, Service Associates, and their respective subsidiaries, officers, agents, partners, and employees 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 another


LIMITATION OF LIABILITY

IN NO EVENT SHALL KEMOSON, SERVICE ASSOCIATES, OR THEIR RESPECTIVE SUBSIDIARIES, OFFICERS, AGENTS, PARTNERS, OR EMPLOYEES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES BEYOND THE SUM OF $500.00 (IN ADDITION TO REFUNDING THE TRANSACTION AMOUNT AND SERVICE FEES), INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF KEMOSON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM NEGLIGENCE ON THE PART OF KEMOSON, DISBURSEMENT PARTNERS, OR THEIR RESPECTIVE SUBSIDIARIES, OFFICERS, AGENTS, PARTNERS, OR EMPLOYEES.


DISPUTE RESOLUTION AND GOVERNING LAW

Governing Law

This User Agreement shall be governed according to the laws of the State of Washington, and all activities performed in connection with the Service shall be deemed to have been performed in Washington. 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 Washington except that body of law governing conflicts of law.


Disputes with Kemoson.

If a dispute arises between you and Kemoson, our goal is to learn about and address your concerns and, if we are unable to do so to your satisfaction, to provide you with a neutral and cost effective means of resolving the dispute quickly. Disputes between you and Kemoson regarding the Service may be reported to Customer Service online through http://www.kemoson.com ; by telephone at (206) 544-1299 or by mail at Kemoson Financial Services LLC, attn: 3932 149th PL SW, Lynnwood WA 98087, USA


Arbitration.

For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000.00 USD, the party requesting relief may elect to resolve the dispute in a cost-effective manner through binding non-appearance-based arbitration. If a party elects arbitration, that party will initiate such arbitration through an established alternative dispute resolution (ADR) provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.


Forum for Disputes

Except as otherwise agreed by the parties or as described in section 12(c) above, you agree that any claim or dispute you may have against Kemoson must be resolved by a court located in Thurston County. You agree to submit to the personal jurisdiction of the courts located within Thurston County Washington for the purpose of litigating all such claims or disputes.


Improperly Filed Litigation

All claims you bring against Kemoson must be resolved in accordance with section 12 of this Agreement. All claims filed or brought contrary to section 12 shall be considered improperly filed, and a breach of this Agreement. Should you file a claim contrary to section 12, Kemoson may recover attorneys’ fees and costs (including in-house attorneys and paralegals) up to $1,000.00 USD, provided that Kemoson has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim.


ELECTRONIC COMMUNICATIONS

You acknowledge that this User Agreement shall be entered into electronically, and that the following categories of information ("Communications") may be provided by electronic means: (i) this User Agreement and any amendments, modifications or supplements to it; (ii) your records of transactions through the Service; (iii) any initial, periodic or other disclosures or notices provided in connection with the Service, including without limitation those required by federal or state law; (iv) any customer service communications, including without limitation communications with respect to claims of error or unauthorized use of the Service; (v) any other communication related to the Service or Kemoson.

The Service does not allow for Communications to be provided in paper format or through other non-electronic means. You may withdraw your consent to receive 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: (i) an Internet browser that supports 128-bit encryption, such as Netscape Navigator version 4.0 or above or Internet Explorer version 4.0 or above, (ii) an e-mail account and e-mail software capable of interfacing with Kemoson's e-mail servers, (iii) a personal computer, operating system and telecommunications connections to the Internet capable of supporting the foregoing, (iv) sufficient electronic storage capacity on your computer's hard drive or other data storage unit, (v) a printer that is capable of printing from your browser and e-mail software. In addition, you must promptly update us with any change in your email address by updating your profile at http://www.Kemoson.com


MISCELLANEOUS

Entire Agreement The User Agreement constitutes the entire agreement between you and Kemoson and governs your use of the Service, superseding any prior agreements between you and Kemoson.


No Waiver

The failure of Kemoson 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 this website. 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.


SECURITY

Your security is very important to Kemoson, and we work hard, utilizing state-of-the-art security measures, to make sure that your information is secure. Kemoson is a safe and convenient way to send money to family members and to other people that you trust. But we urge you to consider carefully before sending money to anyone that you do not know well. 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 (206) 544-1919. If you are aware of anyone or any entity that is using the Service inappropriately, please email us at kfsinfo@kemoson.com. And if you receive any fake (phishing) emails, purporting to be from Kemoson, please forward them to us at kfsinfo@kemoson.com.


CONTACT INFORMATION

Questions, notifications, and requests for refunds or further information can be sent to Kemoson, as follows: online at http://www.kemoson.com ; by telephone at (206) 544-1299  or by mail at Kemoson Management Associates,
attn: Customer Service,
Kemoson Management Associates
3932 149th PL SW, Lynnwood WA 98087, USA
phone: (206) 544-1299
kfsinfo@kemoson.com