This User Agreement is effective as of November 9th 2016 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 herein, the terms "we," "us,", "our" and "LumoXchange" means LumoXchange LLC and "Bank Partner" means Bear State Bank. The terms "you" and "your" refer to users of the service, whether as senders, recipients, or visitors to this website who is using this service to transfer funds from a U.S. Bank Account. LumoXchange operates a software platform that sends your payment and other instructions to our Bank Partner for the purposes of transferring funds on your behalf.
1. OVERVIEW OF THE SERVICE
The service enables you to send money online via our website. A "Sender" is someone who uses the Service to send money. A "Recipient" is someone who uses the Service to receive money through the Service. 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").
2. ACCESSING THE SERVICE
Eligibility and Registration. In order to use the Service, you first must register. As part of your registration and use of the Service, you represent and warrant that:
- a. 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.
- b. You hold a US bank account that will be the source of funds for transfers using the Service and that is held in your name and over which you exercise legal authority and control
- c. All information provided by you as part of your registration and use of the Service is accurate and complete, and you undertake to promptly notify us of any changes to such information
- d. 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 Little Rock , AR.
- a. Charges. For each Transaction that you submit, you agree to pay us a service fee (the "Transfer Fee") plus the Transaction Amount. Additional charges may apply. Payment is due at the time you submit your Transaction. LumoXchange only accepts payment in U.S. Dollars. If you submit a transaction that results in LumoXchange’s being charged with NSF fees, chargeback fees, or other similar fees, you agree to reimburse us for all such fees.
- b. Payment. We only accept payment for your transfer via ACH Direct Debit. 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 bank account). If your payment fails or is insufficient, your transaction will be cancelled.
- c. Other Charges. LumoXchange is not responsible for any fees or charges that may be imposed by the financial institutions associated with your Payment Instruments. LumoXchange 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 account.
- a. 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 website regarding the location, availability, and hours of our Service Providers. However, you agree that LumoXchange is not responsible for any inaccurate or incomplete information that may be posted on the site.
- b. 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 are required to provide a transfer confirmation number. You give LumoXchange permission to store all such data, as necessary to provide the Service.
- a. 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. Any such limits may be imposed on individual accounts, linked accounts, or on related accounts or households, in LumoXchange’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.
- b. 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.
c. Unauthorized Transactions. You may not use the Service in violation of this User Agreement or applicable laws, rules and regulations, including but not limited to rules and regulations relating to:
- i. Sale or distribution of any prohibited or illegal good or service or an activity that requires a governmental license where you lack such a license;
- ii. Sale or distribution of marijuana or marijuana paraphernalia, regardless of whether or not such sale is lawful in your jurisdiction;
- iii. Sale or distribution of any material that promotes violence or hatred;
- iv. Sale or distribution of adult content;
- v. Sale or distribution of goods or services that violate the intellectual property rights of a third party;
- vi. Sale or exchange of cryptocurrencies;
- vii. Ponzi-scheme or pyramid selling;
- viii. Funding of terrorist organizations;
- ix. Gambling or regulated financial services you may provide; or in connection with the sale or distribution of firearms or other weapons, military or semi-military goods, military software or technologies, chemicals, prescription medications, seeds or plants, dietary supplements, alcoholic beverages, tobacco goods, jewels, precious metals or stones.
- d. Commercial Transactions. 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 for to pay for such goods and services is at your own risk.
- e. Ineligibility. 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 Interpol and other government agencies.
- f. 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 LumoXchange of your desire to do so. You agree to provide us with additional information about any such entity, as requested by LumoXchange.
- g. 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.
h. Restricted Activities. In connection with your use of our website or the Service, or in the course of your interactions with LumoXchange, a user or a third party, you will not:
- i. Breach this User Agreement, or any other agreement between you and LumoXchange;
- ii. Open more than one account, without our prior written permission;
- iii. Provide false, inaccurate, or misleading information;
- iv. Refuse to cooperate in an investigation or provide confirmation of your identity or any information you provide to us;
- v. Use an anonymizing proxy;
- vi. Provide yourself a cash advance from your credit card (or help others to do so);
- vii. Use any robot, spider, other automatic device, or manual process to monitor or copy our website without our prior written permission.
6. MONEY TRANSFER LIMITS
- a. Money transfers are subject to daily, monthly, and yearly limits. LumoXchange has limits set in three (3) Tiers which determines the frequency and the amount you and. The table below the limits associated with each Tier as well as the information required from you for each Tier.
||Limit per Transaction
||24 Hour Limit
||30 Day Limit
||180 Day Limit
|We will require a copy of a government issued ID
|Proof of Income, Social Security number and depending on account history, we may request additional information.
7. COLLECTION OF INFORMATION
- d. Compliance with Office of Foreign Assets Control (“OFAC”). LumoXchange and its Bank Partner are required to comply with OFAC’s regulations. This means that we may institute a hold on your account or your funds, if you are a Specially Designated National, or fall into the scope of a country-based sanction program.
- e. 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.
8. LUMOXCHANGE’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 LumoXchange copyrights, trademarks, service marks, logos, and product and service names are owned exclusively by LumoXchange (the "LumoXchange Intellectual Property"). You agree not to display, use, copy, or modify the LumoXchange 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 LumoXchange’s or any third party’s copyright, patent, trademark, trade secret or other intellectual property rights, or rights of publicity or privacy.
9. DISCLAIMER OF WARRANTIES
THE SERVICE IS PROVIDED "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WE, OUR SUBSIDIARIES, EMPLOYEES AND OUR SUPPLIERS 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. This warranty gives you specific legal rights and you may also have other legal rights that vary state to state. Notwithstanding the foregoing, you may have a right to a refund as expressly described herein.
You agree to indemnify and hold LumoXchange, Service Providers, 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.
11. LIMITATION OF LIABILITY
EXCEPT FOR CLAIMS FROM TRANSACTIONS, IN NO EVENT SHALL LUMOXCHANGE, ITS BANK PARTNER, SERVICE PROVIDERS, 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 LUMOXCHANGE OR BANK PARTNER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM NEGLIGENCE ON THE PART OF LUMOXCHANGE, ITS BANK PARTNER, DISBURSEMENT PARTNERS, OR THEIR RESPECTIVE SUBSIDIARIES, OFFICERS, AGENTS, PARTNERS, OR EMPLOYEES.
12. DISPUTE RESOLUTION AND GOVERNING LAW
- a. Governing Law. This User Agreement shall be governed according to the laws of The State of Delaware, and all activities performed in connection with the Service shall be deemed to have been performed in Delaware. 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 Delaware, except that body of law governing conflicts of law.
- b. Disputes with LumoXchange. If a dispute arises between you and LumoXchange, 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 LumoXchange regarding the Service may be reported to Customer Service online; by telephone at (877) 629-2744; or by mail at LumoXchange LLC, attn: Customer Service, 107 E. Markham St, Little Rock AR, USA.,
- c. 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.
- d. Forum for Disputes. Except as otherwise agreed by the parties or as described in section 14(c) above, you agree that any claim or dispute you may have against LumoXchange must be resolved by a court located in Little Rock, Arkansas. You agree to submit to the personal jurisdiction of the courts located within Arkansas, for the purpose of litigating all such claims or disputes.
- e. Improperly Filed Litigation. All claims you bring against LumoXchange must be resolved in accordance with section 14 of this Agreement. All claims filed or brought contrary to section 14 shall be considered improperly filed, and a breach of this Agreement. Should you file a claim contrary to section 14, LumoXchange may recover attorneys’ fees and costs (including in-house attorneys and paralegals) up to $1,000.00 USD, provided that LumoXchange has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim.
- a. General. Let us know at any time if you have any problems with the Service. You can contact us using the contact information at the bottom of this User Agreement.
- b. Refunds & Complaints. You can cancel your transaction at any time prior to its completion. Completion means that your recipient claimed the money you sent either through cash pick-up or bank account deposit. The Transaction Amount will not be refunded after completion. If, however, you are not satisfied with our service for any reason we will always refund the transfer fee amount. All refunds will be credited to the same Payment Instrument used to pay for the Transaction. Refunds are only made in U.S. dollars and 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. Please note that residents of certain jurisdictions may have certain refund rights and complaint procedures.
14. 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 LumoXchange.
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.
- a. Entire Agreement. The User Agreement constitutes the entire agreement between you and LumoXchange and governs your use of the Service, superseding any prior agreements between you and LumoXchange.
- b. No Waiver. The failure of LumoXchange 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.
- c. 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.
- d. Business Day.For purposes of this Agreement means any day, other than Saturday, Sunday, federal or Arkansas state holiday, on which the Bank’s offices are open for business.
- e. Language. In the event there is any inconsistency between the English and Spanish or other language text on this website, including the User Agreement, the English text shall be binding.
Your security is very important to LumoXchange, and we work hard, utilizing state-of-the-art security measures, to make sure that your information is secure. LumoXchange 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 (877) 629-2744. If you are aware of anyone or any entity that is using the Service inappropriately, please email us at firstname.lastname@example.org by mail at LumoXchange LLC, attn: Customer Service, 107 E. Markham St., Little Rock AR, 72201.
17. CONTACT INFORMATION
Questions, notifications, and requests for refunds or further information can be sent to LumoXchange, as follows: online at http://help.lumoxchange.com; by telephone at (877) 629-2744; or by mail at LumoXchange LLC, attn: Customer Service, 107 E. Markham St., Little Rock AR, 72201.