A patented product of Cloud Payments which offers Payment Optimization, Payment Processing, Digital Marketing, Data Monetization and customized Mobile Commerce solutions.
These Terms and Conditions (the “Agreement”) in their current form were updated on November 1, 2020. As used herein, the terms “Fundz”, “we”, “our” and “us” refer to Fundz, Cloud Payments LLC, and affiliated companies together with its employees, directors, agents, successors, assignees, and affiliates. The terms “you” and “your” refer to Customers, which are defined as individuals accessing the Service through any means – including website, mobile application, in-application money transfer module, call center, or authorized delegate. By installing or using the Fundz mobile application (the “app”) or accessing any Fundz service, you agree to these terms of use and consent to the collection, processing and use of your information as described in our privacy statement. If you do not agree to the terms of use or the privacy statement, do not install (or immediately uninstall) the app and discontinue any use or service. We may change the terms of use or privacy statement at any time and your continued use of the app is your agreement to any changes. The terms of use and the privacy statement also govern any updates or new versions of the app, unless separate terms accompany updates or new versions, in which case the separate terms apply.
This app is applicable to participating locations using the Fundz app. You may be able to view and download the app, but the functionality and features of the app are only available for participating customers.
Most locations using the Fundz app are independently owned and operated franchises, and we do not own or operate these locations. Information about a particular location may not apply to other locations, for example, a special or coupon that is only for use at that location. If you have questions about specific offers, promotions, or products for a particular location, please contact that location.
The Service is available only to Senders who are U.S. residents, 18 years of age or older. Fundz may refuse or discontinue the Service to anyone at any time, in its sole discretion.
Subject to these terms of use any other applicable terms (for example, the marketplace from which you download the app), we grant you a personal, limited, non-exclusive, non-transferable and revocable license to use the app for personal use on one mobile device.
We own or license the text, pictures, music, barcodes, videos, data, hyperlinks, displays, and other content (“Content”) associated with the app. The Content is protected by copyright, trademark and other intellectual property laws. Although we make the app freely accessible, we are not giving up any rights to any Content or materials in the app, and no rights are transferred to you when you use the app. You may not frame any Content from this app or incorporate the Content into another website, service or app.
Other than the limited license granted herein, you have no other right, title or interest in the app. All rights not expressly granted to you are fully reserved by us and our suppliers or licensors, as applicable, and no rights are conferred by estoppel, operation of law, implication or otherwise. You must not: (1) modify, port, translate, adapt, enhance or create any derivative works of or from the app; (2) decompile, disassemble, reverse engineer, attempt to reconstruct, identify or derive any source code, underlying user interface techniques or algorithms from the app or disclose or decrypt any of the foregoing; (3) knowingly take any action that would cause the app or any component of the app to enter the public domain; (4) resell, transfer or distribute the app or any Content; (5) remove, alter or obscure any proprietary notice (including a copyright or trademark notice); (6) install, use or permit the app to reside on more than one mobile device at a time, other than by separate downloads of the app in accordance with these terms of use; or (7) use the app for any unlawful purpose.
You may elect to use functionality of the app which allows you to create a stored value account loaded using a credit, debit card or ACH, and to use your mobile device to operate the Fundz app using your stored value account (“Mobile Payment”). Mobile Payment will be managed by third party payment processors and we will not receive any payment information. We and our third-party vendors will not charge you any fees for use of Mobile Payment. Any credit or debit card charges for loading value to your stored value account are your responsibility.
We reserve the right at any time to discontinue Mobile Payment or change the number or location of stores accepting Mobile Payment.
“Service” is defined as a transfer of funds or value (“Funds Transfer”) by Fundz for a Customer. Services include, but may not be limited to, domestic and international money transfers, mobile top-ups, and bill payment processing.
The “Sender” is an individual who uses the Service to originate a transaction. The beneficiary designated by the Sender to receive the Funds Transfer is the “Recipient.”
All Services will be performed pursuant to Sender’s instructions. A “Transaction” is a specific instruction made by the Sender to send money or value through the Service that is eligible and that has been accepted by the latter pursuant to these terms and conditions. Payment of the Principal Amount (defined below) along with all applicable Transaction Fees (defined below) is due before any Transaction may be accepted and processed. Fundz will not be responsible for any remittance request received until the full amount specified above has been credited or paid in full by means of any accepted form of payment. However, in the event that Fundz advances payment for a Transaction requested and completed by a Sender, that Sender shall be liable for the full Transaction amount.
The “Principal Amount” is the money amount that the Sender provides Fundz in acceptable form (e.g. in cash, check, bank deposits, money orders, debit and credit cards, etc.) for remittal to the Recipient, excluding applicable Transaction Fees and prior to any foreign exchange conversion rates being applied thereto. “Transaction Fees” include all fees, charges or money owing to Fundz which it collects above the Principal Amount before accepting to process any Transaction.
The “Payout Amount” will be the dollar Principle Amount or the resulting local currency amount converted pursuant to the applicable exchange rates published by Fundz ultimately paid out to the Recipient at the payout location, after any taxes, fees, tariffs or charges levied under the laws of the Destination Country (the “Local Taxes or Charges”) are deducted.
For Transactions funded through a debit of Sender’s bank account, the Company will use micro- deposits wherein unique amounts sent to the Sender’s bank account so that the Sender can verify his account by providing to Fundz the amounts that the Sender sees on his bank statement.
By law, we are required to obtain, verify, and record information that identifies Senders and Recipients. Fundz is dedicated to aiding efforts to combat money laundering activities and the funding of illegal activities, and thus may also lawfully obtain information about you and the Recipient from other sources without your knowledge. All application features, such as the store locator, mobile gifting, feedback, account management, and interaction with social media sites, may use, maintain, or transmit User’s personal information, including, without limitation, user names, passwords, proper names, email address, address, location, financial information (including credit card information), virtual Fundz account information, GPS location information, and information for and from third-party social-media accounts (collectively “User Information”). By acknowledging and agreeing to this Agreement, or by using the Application, User consents to the transmission of User Information to Fundz, including its agents and third-party partners, and consents to Fundz, including its agents and third-party partners, receiving, collecting, storing, processing, transmitting, and using User Information for Application functionality and for the purposes disclosed in Privacy Policy identified in this Agreement.
In order to use the app, you will need to provide certain personal information such as your name, zip code, email, birthdate, photo, or credit card number (further defined as “User Information”). You represent that the User Information that you provide to us is accurate and complete.
The User is, however, solely responsible for the confidentiality and security of User Information sent from or stored on the iOS or Android Device by the Application. The User is also solely responsible for all transactions and activities undertaken by anyone or anything with any Fundz account registered in the User’s name, whether authorized or unauthorized. This includes any and all unauthorized purchases made from the Application. The User agrees to immediately notify Fundz of any suspected unauthorized transactions associated with the Application or any other breach of security. Fundz and its affiliates shall not be responsible for any losses arising from the financial loss or theft of User Information due to unauthorized or fraudulent transactions related to the Application. Users shall be solely responsible for taking precautionary steps to protect User Information stored on the iOS or Android Device.
The User may generate content, written or otherwise, while using the Application (“User-Generated Content”). User acknowledges and agrees that User-Generated Content may be used, reproduced, displayed, modified, deleted, added too, adapted, and published by Fundz (for example, in product marketing campaigns). User grants Fundz and its successors a worldwide; irrevocable; transferrable; sublicensable; fully-paid and royalty-free; and non-exclusive license to use, reproduce, display, modify, delete from, add to, adapt, publish, and prepare derivative works from the User-Generated Information. User further acknowledges and agrees that the User, and the User alone, is responsible for the development of User-Generated Content.
You agree, understand, and will abide by the terms of this Agreement and will not use the app in any way that: (1) is unlawful, fraudulent, or deceptive; (2) harasses, abuses, stalks, threatens, defames, or otherwise infringes or violates the rights of any other party, including intellectual property or publicity rights; (3) attempts to interfere with, gain unauthorized access to, or damage any computer network, server, system, software or user accounts; (4) uses any manual or automated means, including agents, robots, scripts, or spiders to monitor or copy the app or any Content; (5) attempts to introduce viruses or any other computer code, files, or programs that interrupt, destroy, or limit the functionality of any computer software, hardware, or telecommunications equipment; (6) engages in behavior such as gambling, sexual oriented materials or services, money laundering, funding terrorists organization, any illegal activity, and the sale or purchase of controlled substances, firearms, or tobacco ;or (7) otherwise violates these terms of use.
If we believe you have violated the terms of use, then we have the right in our sole discretion to terminate any license to the app, suspend or terminate your access to any app functionality, or assert legal action with respect to use of the app.
You agree to defend and indemnify us and our subsidiaries, affiliates, franchisees, officers, directors, employees, and agents, as well as any third-party vendors, licensors or providers of Content or software (collectively the “App-Related Parties”), from any claim, demand, or damage, including reasonable attorneys’ fees, arising out of or related to your breach of these terms of use or your use or misuse of the Content or app. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you agree to cooperate in asserting any available defenses.
While we strive to maintain accurate and up-to-date Content, the Content may include inaccuracies or material that is outdated. We do not represent the accuracy or reliability of any statement or information made available on or through the app.
THIS APP IS PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS. WE AND THE APP-RELATED PARTIES DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR ANY WARRANTY THAT THE APP WILL BE COMPATIBLE OR INTEROPERABLE WITH YOUR MOBILE DEVICE OR ANY OTHER HARDWARE OR SOFTWARE INSTALLED ON YOUR MOBILE DEVICE. WE AND THE APP-RELATED PARTIES FURTHER DISCLAIM ANY WARRANTY THAT THE APP WILL BE ERROR-FREE, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, THAT ANY DEFECTS WILL BE CORRECTED, OR THAT THE APP AND/OR CONTENT IS CORRECT, ACCURATE, ADEQUATE OR RELIABLE FOR ANY PURPOSE.
You assume all responsibility and risk for your use of the app. There may be delays, omissions, inaccuracies, viruses, technical mistakes, or other problems with the app and we have no obligation to maintain or support the app. You understand that you are solely responsible for any damage to your mobile device or computer system or loss of data that results from any materials or data downloaded from or otherwise provided by the app. The app may contain hyperlinks to websites operated by third parties, and we are not responsible for the content of and do not endorse those sites.
NEITHER WE NOR THE APP-RELATED PARTIES ARE LIABLE FOR ANY DIRECT, CONSEQUENTIAL, SPECIAL, INDIRECT OR OTHER DAMAGES OR INJURY RESULTING FROM YOUR USE OF THIS APP, INCLUDING ANY DAMAGES CAUSED BY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE FAILURE, OR ASSOCIATED WITH LOSS OF DATA, LOSS OF USE, LOSS OF PROFITS, LOSS OF SAVINGS OR LOSS OF GOODWILL THAT RESULT FROM THE USE OR INABILITY TO USE THIS APP OR ANYTHING DOWNLOADED FROM OR THROUGH THIS APP.
Some of the above limitations and exclusions may not apply to you if prohibited by applicable law. In the event that applicable law does not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental, consequential or other damages, in no event shall Fundz, its agents or anyone involved in creating or providing this Application or Content be liable for damages, losses, and/or causes of action exceeding the amount, if any, paid by User for use of the Application or $100, whichever is less.
By using the app, you consent to the exclusive jurisdiction of the state and federal courts in Wyoming for all disputes arising out of or relating to these terms of use or the use of this app. These terms of use shall be construed in accordance with the laws of the State of Wyoming, regardless of any conflicts of law principles. If any provision of these terms of use is determined to be invalid under any applicable statute or rule of law, such provision is to that extent to be deemed omitted, and the balance of the terms of use shall remain enforceable. Before seeking legal recourse for any harm you believe you have suffered arising from or related to your use of this app, you agree to inform us in writing and to give us 30 days to cure the harm before initiating any action. You must initiate any cause of action within one year after the claim has arisen, or you will be barred from pursuing any cause of action. If you use this app from other locations, you are responsible for compliance with applicable local laws. By downloading the app, you represent that you are not a national of, or located in, any country subject to export embargo controls by the USA, and that you are not otherwise prohibited by law from receiving or using the app.
If any of these Terms shall be deemed invalid, void, or for any reason unenforceable, those terms shall be deemed severable and shall not affect the validity and enforceability of any remaining terms. Failure of Fundz to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision in that or any other instance.
A patented product of Cloud Payments which offers Payment Optimization, Payment Processing, Digital Marketing, Data Monetization and customized Mobile Commerce solutions.