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
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.
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
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.
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.
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.
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.
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.
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
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.
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
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
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.
COLLECTION OF INFORMATION
- 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.
By agreeing to this User Agreement, you acknowledge and
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
We may provide information about you and your Transactions
to government authorities and enforcement agencies, as described in our Privacy
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.
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
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
Any suggestions regarding a preferred resolution of the complaint.
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)
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
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
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.
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
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
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
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.
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
The User Agreement constitutes the entire agreement between you and Kemoson and
governs your use of the Service, superseding any prior agreements between you
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.
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.
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
firstname.lastname@example.org. And if you receive any
fake (phishing) emails, purporting to be from Kemoson, please forward them to us
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