Terms and Conditions

The Terms and Conditions apply to customer financial transactions with InterCambio Express, including money transfers, bill payments, top-ups, and pinless calling.

terms and conditions

InterCambio Express Application Terms and Conditions

The language in this User Agreement and Terms and Conditions are effective as of the date at the end of this document, and is a contract between you and InterCambio Express, Inc. once you have accepted them at the opening of an account at our site (“Company“, “InterCambio Express, Inc“, or “InterCambio Express “). This document governs the terms under which you may use InterCambio Express, Inc’s App Service, and its access to the InterCambio Express, Inc websites (for purposes of this User Agreement, “websites” includes www.InterCambioExpress.com, our mobile websites, and our mobile application) and the services associated with it (“InterCambio Express, Inc“, “InterCambio Express ” or the “Service”). You acknowledge and agree that this User Agreement is between you and InterCambio Express, Inc and that InterCambio Express, Inc is solely responsible for the Service. Do not access or use the Service if you do not agree to be bound by this User Agreement. By accessing and using the Service, you are agreeing to the User Agreement.

As used throughout this User Agreement, the terms “Company”, “we”, “us”, and “our” refer to InterCambio Express, Inc, an Indiana corporation, together with its employees, consultants, directors, successors, subsidiaries, affiliates, and assignees. The terms “you” and “your” refer to users of the Service, whether in their capacity as Senders, Recipients, Beneficiaries, or visitors to our websites.

Overview of service

The Service is intended for our customers to 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 requests to strangers or to send money to strangers.

InterCambio Express, Inc is a licensed provider of money transfer services and all money transmissions are provided pursuant to InterCambio Express, Inc.’s money transmitter licenses.

Fraud protection

Only send money to people you know, safeguard your password, send or request for yourself and not on behalf of others, and use InterCambio Express, Inc for legal purposes only. See our Fraud Alerts to learn more about sending money safely. Please let us know immediately if you believe someone is trying to scam or defraud you or if your username or password have been lost or stolen by telephone at +1-888-534-8441 (toll-free in the U.S.).

Sending money

The Service allows people to send and receive money. A “Sender” is someone who uses the Service to send money. A “Recipient/Beneficiary” is an individual who receives money or mobile reloads from a Sender through the Service. You understand that the person referred to as “Beneficiary” in this User Agreement may be referred to as the “Recipient” on your bill payment receipt. The “Recipient Country” is the country in which the Recipient or Service Company receives money or a mobile reload 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 us to send the Transaction, excluding the Transaction Fee. The “Payout Amount” is the amount paid out to the Recipient or Service Company, excluding any taxes or charges that may be levied under the laws of the Recipient Country (the “Local Taxes”).

Accessing InterCambio Express

a.   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.

b.   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.

c.   InterCambio Express, Inc’s Users Choosing to Send with InterCambio Express, Inc’s Service. If you initiate a transaction within your InterCambio Express, Inc account and choose to complete your transaction with the InterCambio Express, Inc Service, or choose to login to the InterCambio Express, Inc Service with your InterCambio Express, Inc username and password, and you don’t already have an InterCambio Express, Inc account, an InterCambio Express, Inc account will be created for you using the username and password you use to access your InterCambio Express, Inc account. You also acknowledge and understand that InterCambio Express, Inc will share your profile information and stored Payment instructions with the InterCambio Express, Inc Service in order to complete your transaction. We may, in our sole discretion, refuse Transactions funded from certain Payment instructions and you understand that it is not guaranteed that any or all of the Payment instructions you have stored in your InterCambio Express, Inc account will be available for use when using the InterCambio Express, Inc Service to complete your transaction. You further understand that in order to access information about transactions you complete using the InterCambio Express, Inc Service, you will have to login to your InterCambio Express, Inc account. Any transactions you complete using the InterCambio Express, Inc Service will appear on your bank account, credit card, or other method of payment and InterCambio Express, Inc statements as charged by the InterCambio Express, Inc Service. If you wish to edit your payment instructions which you have stored in your InterCambio Express, Inc account, you must do so within your InterCambio Express, Inc account. You will not be able to edit the Payment instructions that are stored in your InterCambio Express, Inc account within your InterCambio Express, Inc account.

d.   Requests. You affirm that InterCambio Express, Inc is permitted to share the information you provide with your Sender as necessary to provide the Service. You further affirm that your Sender is personally known to you and that you are allowed to share your Sender’s email address with InterCambio Express, Inc.

e.   Registered in the U.S. Only. InterCambio Express, Inc is not registered as a provider of financial services outside of the United States.

f.   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.

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 Elkhart, Indiana.

Payment Guidelines

a.   Charges. For each Transaction that you submit, you agree to pay us a transaction fee (the “Transaction Fee”) plus the Transaction Amount. Additional charges may apply. Payment is due at the time your Transaction is submitted for processing. We only accept payment in U.S. Dollars. If you submit a Transaction that results in us being charged non-sufficient fund fees, chargeback fees, or other similar fees, you agree to reimburse us for all such fees. For Transactions funded from the Sender’s bank account, you agree that we will debit your bank account for the amount of the transfer.

b.   Payment. In order for us to collect payment from you, you authorize us to access, charge, or debit funds from any of the payment instructions you provide us in connection with your use of the Service (each, a “Payment Instrument”) including, for example, your credit card, debit card, bank account or by paying at one of our authorized agents. If your payment fails or is insufficient, we may re-try debiting your Payment Instrument one or more times or you may authorize us to try debiting 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).

c.   Other Charges. We are not responsible for any fees or charges that may be imposed by the financial institutions associated with your Payment instructions. For example (without limitation), your credit card issuer may charge you a cash advance fee and interest if you use a credit card as a Payment Instrument. We are not responsible for any such fees, nor are we responsible for 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 in connection with your use of the Service.

d.   Foreign Currencies. We and our Service Providers 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.

Transaction payouts

a.   Service Providers. We work with local and foreign banks, and other third-party service providers (each, a “Service Provider”) to pay funds out to Recipients and Service Companies. 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 we are not responsible for any inaccurate or incomplete information that may be posted on InterCambio Express, Inc’s websites.

b.   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 and/or another, similar identifier associated with their Transaction. You give Company permission to contact your Recipient or the Service Company and store all such data, as necessary to provide the Service. Please verify account information and bank details are correct prior to submitting your Transaction because we are not responsible for detecting inaccuracies. If account information and bank details are incorrect, mobile reloads may be applied to the wrong phone number or money may be sent to the wrong bank account and may not be recovered.

Restrictions

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 without prior notice. Any such limits may be imposed on individual accounts or on related accounts or households, in our 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 at any time prior to your Recipient’s or the Service Company’s receipt of the mobile reload or Payout Amount without prior notice. We may delay or cancel your Transaction for reasons that include, but are not limited to: identity verification; validation of your Transaction instructions and Payment instructions; fraud and anti-money laundering compliance review; contacting and locating you, your Beneficiary, the Service Company, your Sender, or your Recipient; qualification or disqualification, and to comply with applicable law. Business hours, systems availability 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.

c.   Commercial Transactions. You agree that you will only use the Service to send money to people or for Beneficiaries for personal reasons. If we discover you are using the Service to request or send Transactions from, to or on behalf of a business or other non-human entity, other than payments made to Service Companies specifically provided for by the Service, we may, in our sole discretion, cancel your Transaction(s) and close your account and/or the accounts of your Sender or Recipient. You acknowledge that InterCambio Express, Inc is not liable for your use of the Service for commercial purposes, including all risks associated with the purchase of goods or payment for services of any kind, such as (but not limited to) losses you suffer for undelivered or defective goods and services you pay for using the Service.

d.   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 this User Agreement to use the Service 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 or mobile reloads to a Recipient or for a Beneficiary that has violated the User Agreement. If you use the Service in connection with illegal conduct, we reserve the right to report you to the appropriate law enforcement agency or agencies. The Service is intended for our customers to send or request money transfers, mobile reloads, or bill payments to, from or for, family and friends. We may, in our sole discretion, cancel any Transaction and close any account that we suspect is being utilized for any purpose prohibited by this User Agreement including sending Transactions from, to or on behalf of a business or other non-human entity. You acknowledge that Company is not liable for your use of the Service in violation of this User Agreement.

e.   Ineligibility. Not all Payment instructions are available to all customers at all times. We may, in our sole discretion, refuse Transactions funded from certain Payment instructions. We may, in our sole discretion, refuse Transactions from certain Senders, for certain Beneficiaries or to certain Recipients or Service Companies, 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.

f.    Others. You may not request, 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 Company’s express consent. You may send Transactions to Service Companies for Beneficiaries whom you know personally. 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.

g.   No Changes. We generally do not let you change the details of your Transaction once it has been submitted to us for processing. We rely on the information you provide and it is your responsibility to make sure your Transaction details are accurate before you submit your Transaction for processing.

h.   Restricted Activities. As a user of our websites or Service or in the course of your interactions with the Service, you will not:

                        i.         Breach this User Agreement, or any other agreement between you and Company;

                       ii.         Open more than one account;

                      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 anonymous proxy;

                      vi.         Provide yourself a cash advance from your credit card (or help others to do so);

                     vii.         Share Transaction numbers or information with anyone except the Service Company, your Recipient, or Beneficiary, and you will advise your Sender, Recipient or Beneficiary not to share Transaction numbers or information; or

                    viii.         Violate any other restrictions in this User Agreement.

Information we collect

a.   Privacy Policy. By agreeing to this User Agreement, you acknowledge and consent to our Privacy Policy, which is an agreement between you and Company. Please see our Privacy Policy.  

b.   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 about you, your Recipient or your Beneficiary. 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.

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

d.   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, mobile device or financial instruments, or verifying your information against third party databases or through other sources. This may also include verifying your Beneficiary’s information.

If you run into issues

a.   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 by phone at +1-888-534-8441 (toll-free in the U.S.). You can also contact us for a written explanation of your rights.

                                 i.         You can cancel for a full refund within 30 minutes of authorizing your Transaction directly on the mobile application or by calling our customer services, unless the funds or mobile reload have already been picked up, deposited, delivered, or paid to the Recipient or Service Company.

                                ii.         For questions or complaints about the Service, contact us by telephone at +1-888-534-8441 (toll-free in the U.S.) or by mail at InterCambio Express in RE: InterCambio Express / Customer Service, 426 N. Main Street, Elkhart, IN 46516, USA.

b.   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. Residents of certain jurisdictions may also consider the following:

                                 i.         Colorado. Entities other than FDIC-insured financial institutions that conduct money transmission activities in Colorado, including the sale of money orders, transfer of funds, and other instruments for the payment of money or credit are required to be licensed by the Colorado Division of Banking pursuant to the Money Transmitters Act, Title 12, Article 52, Colorado Revised Statutes. If you are a Colorado resident and have a complaint about InterCambio Express, Inc or the InterCambio Express, Inc Service, please fill out the Complaint Form provided on the Colorado Division of Banking’s website and return it and any documentation supporting the complaint via mail or email to the Division of Banking at: Colorado Division of Banking, 1560 Broadway, Suite 975, Denver, CO 80202, email: DORA_BankingWebsite@state.co.us, website: www.dora.colorado.gov/dob.

                                ii.         Illinois. If you have complaints or other concerns with respect to any aspect of the money transmission activities conducted with InterCambio Express, Including the InterCambio Express, Inc Service, you may contact the Illinois Department of Financial and Professional Regulation toll-free at 1-888-473-4858.

                               iii.         Maryland. The Commissioner of Financial Regulation for the State of Maryland will accept questions or complaints from Maryland residents regarding InterCambio Express, Inc or the InterCambio Express, Inc Service, at: Commissioner of Financial Regulation, Attention Complaint Unit, 500 North Calvert Street, Suite 402, Baltimore, Maryland 21202, toll-free telephone number: 1-888-784-0134.

                               iv.         Massachusetts (License Number – FT4008). If you are a resident of Massachusetts and you have an unresolved complaint, you may contact the Consumer Assistance Section of the Massachusetts Division of Banks at (800) 495-2265 ext. 501 (outside of Massachusetts, call (617) 956-1500 ext. 501), or by sending a written complaint to the Division of Banks, 1 South Station, Boston, Massachusetts 02110.

                                v.         Minnesota. You may contact us to voluntarily disqualify yourself from sending or receiving Transactions with InterCambio Express, Inc (“Disqualified InterCambio Express, Inc User”). All requests will expire one year from the date of request, unless requested for longer, or until you terminate the request in writing through our contact page. Company may automatically inform the Minnesota Department of Commerce Financial Institutions Division to include such individual on Minnesota’s “No Transmit List.” The Financial Institutions Division may from time to time provide the “No Transmit List” to us and any individuals on such list shall automatically be a Disqualified InterCambio Express, Inc User. Please see Minn. Stat. 53B.27, subd. 3 for more information on the “No Transmit List.”

                               vi.         Texas. If you have a complaint, first contact InterCambio Express, Inc Customer Service at 1-888-534-8441. If you are a Texas resident and you still have an unresolved complaint regarding InterCambio Express, Inc’s money transmission activity, including the InterCambio Express, Inc Service, please direct your complaint to the Texas Department of Banking: In person or US Mail, Texas Department of Banking, 2601 North Lamar Boulevard, Austin, TX 78705, 1-877-276-5554 (toll free), 1-512-475-1313 (fax), email: consumer.complaints@dob.texas.gov, website: www.dob.texas.gov.

c.   Cancellation and Refunds. You can cancel your Transaction for a full refund within 30 minutes of authorizing your Transaction, unless the funds or mobile reload have already been paid out to the Recipient or Service Company. After 30 minutes, we generally do not provide refunds unless we did not process your Transaction according to your instructions or we are unable to pay out the Transaction. To request a refund, please contact Customer Service.

We will make every effort not to debit your Payment Instrument after we have received your request for cancellation. However, in some cases, we may have initiated an irreversible request for funds from your financial institution prior to receiving your request for cancellation. In such cases, your Payment Instrument may be debited even if you have cancelled your Transaction but we will refund your money usually within four (4) business days after we have received the funds from your financial institution.

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.

Notwithstanding the foregoing, residents of certain jurisdictions should read the following:

                                 i.         California. The following applies only to Transactions that are submitted by Senders in California.

RIGHT TO REFUND: You, the customer, are entitled to a refund of the money to be transmitted as the result of this agreement if InterCambio Express 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 mail or deliver your written request to InterCambio Express, Inc Customer Service, at 426 N. Main St. Elkhart, IN 46526, USA. If you do not receive your refund, you may be entitled to your money back plus a penalty of up to $1,000 and attorney’s fees pursuant to Section 2102 of the California Financial Code.

                                ii.         New Hampshire. The following applies only to Transactions that are submitted by Senders in New Hampshire: Senders are entitled to a refund of the Transaction Amount and Transaction Fee if their Transaction is not paid out according to the information they provide about their Recipient, unless the Transaction is in violation of applicable law or this User Agreement. In the case of any such refund, the Transaction will also be cancelled.

                               iii.         Washington. The following applies only to Transactions that are submitted by Senders in the State of Washington: You, the customer, are entitled to a refund of all moneys received for transmittal within ten days of receipt of a written request for refund unless any of the following occurs:

1.   The monies have been transmitted and delivered to the recipient prior to receipt of the written request for a refund;

2.   Instructions have been given committing an equivalent amount of money to the person designated by the customer prior to receipt of a written request for a refund;

3.   InterCambio Express, Inc or its authorized delegate has reason to believe that a crime has occurred, is occurring, or may potentially occur as a result of transmitting the money as requested by the customer or refunding the money as requested by the customer; or

4.   InterCambio Express, Inc is otherwise barred by law from making a refund.

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 patents, copyrights, trademarks, trade secrets, service marks, logos, and product and service names are owned exclusively by Company (the “Intellectual Property”). You agree not to display, use, copy, or modify the 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: (i) engage in or use any automated devices, data mining, robots, scraping or similar data gathering or extraction methods to access or use the Service; (ii) 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; (iii) remove or alter any author, trademark or other proprietary notice or legend displayed on our websites (or printed pages thereof); or (iv) infringe Company’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 InterCambio Express, Inc, its affiliates and Service Providers (the “Software”). Subject to the terms and conditions of this User Agreement, InterCambio Express, Inc 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 Company.

INTERCAMBIO EXPRESS, INC. and InterCambio Express are trademarks or registered trademarks of Company in the United States and/or other countries.

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. Notwithstanding the foregoing, you may have a right to a refund as expressly described herein.

Indemnity

You agree to indemnify and hold Company, its suppliers, vendors, Service Providers, Service Companies and their respective subsidiaries, officers, directors, 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 any law, or your violation of any rights of a third party.

Limitation of liability

EXCEPT FOR CLAIMS UNDER SECTION 2102 OF THE CALIFORNIA FINANCIAL CODE ARISING FROM TRANSACTIONS ORIGINATING IN CALIFORNIA, IN NO EVENT SHALL COMPANY, ITS SUPPLIERS, VENDORS, SERVICE PROVIDERS, SERVICE COMPANIES, OR THEIR RESPECTIVE SUBSIDIARIES, OFFICERS, DIRECTORS, AGENTS, PARTNERS, EMPLOYEES OR CONSULTANTS 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 TRANSACTION FEES), INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM NEGLIGENCE ON THE PART OF COMPANY, ITS SUPPLIERS, VENDORS, SERVICE PROVIDERS, SERVICE COMPANIES, OR THEIR RESPECTIVE SUBSIDIARIES, OFFICERS, DIRECTORS, AGENTS, PARTNERS, EMPLOYEES OR CONSULTANTS.

 

Dispute resolution and governing law

a.   Governing Law. This User Agreement shall be governed by the laws of the State of Indiana, and all activities performed in connection with the Service shall be deemed to have been performed in Indiana. 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 Indiana, except that body of law governing conflicts of law and except as otherwise provided in this User Agreement.

b.   Disputes. If a dispute arises between you and Company, 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 Company regarding the Service may be reported to our Customer Service team by phone at +1-888-534-8441 (toll-free in the U.S.).

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: (i) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, with the specific manner to be chosen by the party initiating the arbitration; (ii) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (iii) 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 13, you agree that any claim or dispute you may have against Company must be resolved by a court located in Elkhart, Indiana. You agree to submit to the personal jurisdiction of the courts located within Elkhart County, Indiana for the purpose of litigating all such claims or disputes.

e.   Improperly Filed Litigation. All claims you bring against Company must be resolved in accordance with Section 13 of this Agreement. All claims filed or brought contrary to Section 13 shall be considered improperly filed, and a breach of this Agreement. Should you file a claim contrary to Section 15, Company may recover attorneys’ fees and costs (including in-house attorneys and paralegals) up to $1,000.00 USD from you, provided that we have 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. 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: (i) this User Agreement and our Privacy Policy and any amendments, modifications or supplements to them; (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; and (v) any other communication related to Company or the 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: (i) an Internet browser that is java-script enabled, and supports 128-bit encryption and the acceptance of first party cookies, (ii) an e-mail account and the capability to read e-mail from InterCambio Express, Inc, and (iii) a device and Internet connection capable of supporting the foregoing.

Other details

a.   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 we do not have correct contact information, we may not be able to notify you with important information or changes in your Transaction status.

b.   Entire Agreement. The User Agreement constitutes the entire agreement between you and Company relating to the Service and governs your use of the Service, superseding any prior agreements between you and Company or any other party in connection with the Service.

c.   No Waiver. The failure of Company to exercise or enforce any right or provision of the User Agreement shall not constitute a waiver of such right or provision and shall not guarantee that Company will repeat any such actions in the future. 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.

d.   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.

e.   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.

f.    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.

Security

Your security and the integrity of your account is a top priority and we work hard to make sure that your information is secure. The Service is a secure and convenient way to send money or mobile reloads to, or pay bills for, family members and other people that you trust. However, scams and fraudsters are abundant and we urge you not to send money or mobile reloads to, or make bill payments for, 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 +1-888-534-8441 (toll-free in the U.S.). If you are aware of anyone or any entity that is using the Service inappropriately , please contact us by telephone at +1-888-534-8441 (toll-free in the U.S.) If you receive any fake (phishing) e-mails purporting to be from the InterCambio Express, Inc Service, please give us a call at +1-888-534-8441 (toll-free in the U.S.).

Stay in the loop

If you provide us your mobile phone number, you agree that we may contact you at that number using autodialed or prerecorded calls or text messages to: (i) service your InterCambio Express, Inc account, (ii) investigate or prevent fraud, or (iii) collect a debt. We will not use autodialed or prerecorded calls or texts to contact you for marketing purposes unless we receive your prior express written consent. We may share your mobile phone number with service providers with whom we contract to assist us with the activities listed above, but we will not share your mobile phone number with third parties for their own purposes without your consent. You do not have to agree to receive autodialed or prerecorded calls or texts to your mobile phone number in order to use and enjoy the InterCambio Express, Inc Service. You can decline to receive autodialed or prerecorded calls or texts to your mobile phone number by contacting us at the contact information below. Standard telephone minute and text charges may apply.

Contact information

Questions, notifications, and requests for refunds or further information can be sent to us, as follows: by telephone at +1-888-534-8441 (toll-free in the U.S); or by mail at InterCambio Express / Customer Service, 426 N. Main St., Elkhart, IN 46526, USA.

Updated and Effective on July 19, 2018

YOUR SECURITY

Identification Verification

We employ sophisticated modeling which enables us to quickly spot suspicious transactions.

We use Extended Validation SSL Certificates which provide the strictest requirements and strongest visual signals to verify security.

Team of Security Experts

Our security team consists of experienced professionals who are committed to protecting your money every day.

Fraud Protection

We keep on top of all the new fraud strategies used by the bad guys so we can help you avoid making costly mistakes.