MoneyGram Rewards Canada - program rules
MoneyGram Rewards Canada
The MoneyGram Rewards Program (the "Program") is the MoneyGram loyalty program for recurring customers; it features a number of exclusive benefits including (a) discounts on "Money Transfer Fees"* on "Eligible Money Transfers"** through MoneyGram, (b) notification of completed Eligible Money Transfers, (c) access to MoneyGram Rewards transaction history, (d) Member Welcome Pack, (e) special product and service information and promotions, and (f) online services.
*"Money Transfer Fees" are fees that are associated with completed transactions within the MoneyGram system. Canceled or refunded transactions or fees will not be eligible for discounts. Money Transfer Fees do not include the foreign exchange margins applied to transactions by MoneyGram or its agents.
**"Eligible Money Transfers" are MoneyGram cash-to-cash and cash-to-account (as available) consumer transfers originating from a location in Germany, France, Spain, Italy, or Canada. MoneyGram has the right in its sole discretion to determine whether a particular money transfer transaction is eligible for discounts. By participation in the Program, you are deemed to have accepted these terms and conditions.
MoneyGram Rewards Membership and its benefits are offered at the sole discretion of MoneyGram Payment Systems, Inc. and its affiliates ("MoneyGram" or "we" or "our" or "us"). Only individuals that have reached the age of majority are eligible for enrollment and receipt of MoneyGram Rewards benefits as set forth in these Program Rules and other supplementary materials (as set by MoneyGram, see Section I.1 below). Each eligible individual who is validly enrolled in the MoneyGram Rewards Program ("Member") may maintain only one account, and accrual of or actual benefits or rewards cannot be shared or transferred at any time. Corporations, groups, and/or associated entities cannot enroll as MoneyGram Rewards Members. Members shall abide by applicable law and agree not to engage in fraud or abuse in the accumulation or use of rewards and benefits. Any actual or suspected misuse of the Program may result in immediate termination without notice at any time.
B. Enrollment in and withdrawal from Program Eligible individuals (see Section A. above) can enroll in the program in one of three ways: (1) by registering online at the MoneyGram website created specifically for MoneyGram Rewards Members: www.moneygram.com; and (2) by calling MoneyGram Customer Service at 1-800-926-9400.
New Members are immediately given a Membership number, which will be used to access all MoneyGram Rewards membership benefits. A temporary card may be supplied at agent locations. After that, a Member must supply an agent with their Rewards Card or Membership number in order to qualify for a discount. Incomplete, reversed, fraudulent, or other similar transfers do not earn discount status. A current, valid Membership number must be used to start an eligible transaction in order to qualify for a discount.
After enrollment, Members will promptly (within up to six weeks) receive a membership Kit in the mail with a permanent plastic membership card, bearing the Member's name and membership number (the "Membership Card"), as well as Program Rules and information regarding Program rewards and benefits.
The Membership Card remains the property of MoneyGram and must be returned upon MoneyGram's request. For the avoidance of doubt, the Membership Card does not serve as a valid ID for the purpose of identification prior to a transaction, to the extent that such ID is required by applicable laws or regulations.
Members are responsible for registering for additional benefits and services such as transaction notification, updating contact information, and specifying how they want MoneyGram to communicate with them by following the instructions set out at www.moneygram.com. MoneyGram is not responsible for errors caused by incorrect Member information.
C. Earning MoneyGram Rewards and Benefits 1. Once validly enrolled in the MoneyGram Rewards Program, Members will earn a discount on Money Transfer Fees charged by MoneyGram for all Eligible Money Transfers. Discounts may vary and/or be suspended for a while if and when MoneyGram chooses to restructure the program, and are otherwise fully subject to the provisions set forth in these Program Rules, in particular section I.1.
2. Money Transfer Fee discounts do not affect the currency exchange rates applied to transactions by MoneyGram or its agents.
D. Notification of MoneyGram Transfer Completion
1. By validly electing to receive the transaction notification service, Members agree that MoneyGram may contact them via e-mail (in accordance with their selection upon Enrollment or at anytime at www.moneygram.com) to inform them that transferred funds have been disbursed. Member understands and agrees that MoneyGram may use all of the information from the transfer to provide such notification. The notification service is only for Rewards transaction notification and is not intended to be a general service for internet, e-mail, or text messaging.
2. Member understands and agrees that Member is responsible for the cost of receiving all such notifications, including any telecommunication charges by a telephone (including cellular telephone) or internet service provider.
3. Member understands and acknowledges that MoneyGram does not guarantee the confidentiality or accuracy of any transaction notification and transmission is subject to network reliability. MoneyGram will initiate transaction notification via the selected method, but will rely on third parties for delivery, and therefore cannot be liable for non-delivery. MoneyGram is not responsible for any disruption to messaging systems.
4. MoneyGram retains all ownership rights in the notification messages, and Member agrees to only use the notification messages as contemplated by the Program Rules.
5. Notifications will be sent 24 hours per day, 7 days per week. Certain types of MoneyGram delivery or receive mechanisms will not be eligible for this notification service (example: home delivery and bank account deposit).
6. To discontinue transaction notification service, notify MoneyGram Rewards via the following methods, as applicable: (1) go to www.moneygram.com and change your notification preferences; or (2) click on the link in the transaction notification e-mail and confirm your decision on the confirmation web page presented. Please allow sufficient time for your request to be processed.
E. Account Status and Member Statements Members may view information on their previous transactions and account status ("Account Status") via login to www.moneygram.com.
G. Name and Address Change
Address and name changes can be made at www.moneygram.com or by calling the MoneyGram Customer Service at 1-800-926-9400. Name changes may require supporting legal documentation, signature, date, and Membership number.
H. Loss or Theft of Membership information and Membership Cards/Replacement Cards. It is your responsibility to keep your Membership information (in particular, your membership number, user name, and password) confidential, as it may be used by third parties to access your Account Status, which may contain information about pending transactions, i.e. transactions that were not yet paid out to the intended recipient.
Members may request a new MoneyGram Rewards card at any time by calling the MoneyGram Customer Service at 1-800-926-9400 or visiting www.moneygram.com.
I. General Participation Requirements
1. Participation in the Rewards Program is subject to the Program Rules, rules, regulations, policies, and procedures ("Program Rules ") that MoneyGram may, in its discretion, adopt from time to time. MoneyGram has the right to change, limit, modify, or cancel Program Rules, including rewards and levels or individual Memberships or eliminate the entire Program, at any time. If Program Rules are changed, it may result in a loss of all earned rewards and benefits; program or individual Membership termination will result in forfeit of all rewards and benefits and no compensation will be provided. MoneyGram may amend the Program Rules at any time. In the event of change or cancellation of the Program Rules, reasonable advance notice will be provided on www.moneygram.com and Members will be given reasonable advance notice. MoneyGram has the sole discretion to interpret and apply the Program Rules, which in each case shall be final and conclusive. Continued use of the Rewards Program and any associated benefits shall be considered acceptance of all changes, modifications, etc., to the Program. If MoneyGram amends the Program Rules in a significant manner with which you do not agree, you may withdraw from the Program immediately by informing MoneyGram that you do not wish to partake in the Program anymore, either by calling the MoneyGram Customer Service at 1-800-926-9400 or on our website at www.moneygram.com.
2. Each Member is responsible for reading the MoneyGram Rewards Program Rules, and any Member Statements, etc., in order to understand and comply with the Program. Members are responsible for ensuring discounts are properly applied; discounts cannot be applied retroactively.
3. Discounts and benefits earned through MoneyGram Rewards may be subject to tax liability. Any tax reporting or liability connected with the receipt or use of the MoneyGram Rewards Program is the responsibility of the Member.
4. Any MoneyGram failure to comply with the Program Rules because of an act of God, war, fire, riot, terrorism, earthquake, actions of any government for any reason, shall not be considered a breach of MoneyGram obligations. If any of these types of events occur, MoneyGram may terminate the entire Program in its sole discretion with no obligation to the Member.
5. Unless prohibited by law, the laws of the province of Ontario and the federal laws of Canada applicable therein will govern the Program Rules for Members and MoneyGram.
6. If MoneyGram fails to act or utilize any of its rights indicated in the Program Rules, MoneyGram is not waiving its right to act in the future.
7. The Program Rules make up the entire agreement between Member and MoneyGram, and replaces any prior understandings or agreements (oral or written) regarding the Rewards Program. If a court finds any of these Program Rules to be unenforceable or invalid, the remaining Program Rules will remain valid and enforceable. The Rewards Program is void where prohibited by law. For the avoidance of doubt, the Program Rules governing each Eligible Money Transfer will govern that Eligible Money Transfer. In the event of a conflict between these Program Rules and the Program Rules governing an Eligible Money Transfer, the Program Rules governing such Eligible Money Transfer will control.
8. It is the express wish of the parties that these Program Rules and any related document be drawn up in English. Les parties ont exprimé expressément la volonté que les Règles du programme et tout document y étant afférent soient rédigés en anglais.
J. Limitations of Liability
1. NEITHER WE, OUR AFFILIATES NOR OUR PARTNERS, NOR ANY OF OUR OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS ("MONEYGRAM GROUP") SHALL HAVE ANY RESPONSIBILITY OR LIABILITY FOR ANY CLAIM, LOSS, INJURY, DAMAGE, DELAY, TRAVEL CANCELLATION, ACCIDENT, COST, OR EXPENSE (INCLUDING, WITHOUT LIMITATION, ATTORNEYS' FEES AND COSTS OF SUIT), NOR FOR ANY INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES OR DAMAGES (INCLUDING, WITHOUT LIMITATION, FOR LOSS OF OR DAMAGE TO REVENUE, PROFITS, SAVINGS, GOODWILL, OR DATA) (COLLECTIVELY, "LOSSES AND DAMAGES"), DIRECTLY OR INDIRECTLY ARISING OUT OF OR RELATED TO (A) THESE TERMS AND CONDITIONS, (B) THE MONEYGRAM REWARDS PROGRAM OR WWW.MONEYGRAM.COM or ASSOCIATED WEBSITES; (C) ANY FAILURE, DELAY, OR DECISION BY US IN ADMINISTERING THE PROGRAM; (D) ANY UNAUTHORIZED USE OF YOUR CARD OR MEMBERSHIP; (E) ANY OFFER, REPRESENTATION, STATEMENT, OR CLAIM ABOUT THE PROGRAM, ANY AGENT OR SUPPLIER, OR THEIR PRODUCTS OR SERVICES, MADE BY AN AGENT, SUPPLIER, OR ANY OTHER PERSON OR ENTITY; OR (F) THE PURCHASE OR USE OF ANY GOODS OR SERVICES OF AGENTS OR SUPPLIERS. AGENTS ARE NOT RESPONSIBLE FOR THE PROGRAM.
2. THE FOREGOING LIMITATIONS OF LIABILITY SHALL APPLY WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF WE OR OUR AFFILIATES OR OUR OR THEIR REPRESENTATIVES HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH LOSSES AND DAMAGES, AND WITHOUT REGARD TO THE SUCCESS OR EFFECTIVENESS OF OTHER REMEDIES.
3. IN NO EVENT SHALL THE MONEYGRAM GROUP AGGREGATE LIABILITY HEREUNDER FOR ANY CAUSE WHATSOEVER IN ANY CALENDAR YEAR ARISING OUT OF OR IN CONNECTION WITH ANY OF THE MATTERS DESCRIBED ABOVE EXCEED TWENTY-FIVE UNITED STATES DOLLARS (U.S. $25.00).
4. IF ANY OF THE FOREGOING LIMITATIONS OF LIABILITY IS FOUND TO BE VOID, INVALID, OR UNENFORCEABLE FOR ANY REASON BY A COURT OR AUTHORITY OF COMPETENT JURISDICTION, THEN SUCH LIMITATIONS OF LIABILITY SHALL BE CHANGED AND INTERPRETED BY SUCH COURT OR AUTHORITY SO AS BEST TO ACCOMPLISH THE INTENT AND THE OBJECTIVES OF THE ORIGINAL PROVISIONS TO THE FULLEST EXTENT ALLOWED BY LAW AND THE REMAINING LIMITATIONS OF LIABILITY SHALL REMAIN IN FULL FORCE AND EFFECT.
5. BY PARTICIPATING IN THE PROGRAM YOU HEREBY AGREE: (A) TO RELEASE AND HOLD HARMLESS THE MONEYGRAM GROUP FROM ANY AND ALL LIABILITY, LOSS OR DAMAGE INCURRED WITH RESPECT TO THE AWARDING, RECEIPT, POSSESSION, AND/OR USE OR MISUSE OF ANY REWARD; (B) UNDER NO CIRCUMSTANCES WILL YOU BE PERMITTED TO OBTAIN AWARDS FOR, AND YOU HEREBY WAIVE ALL RIGHTS TO CLAIM, PUNITIVE, INCIDENTAL, CONSEUENTIAL, SPECIAL, OR ANY OTHER DAMAGE OR LOSS, OTHER THAN FOR ACTUAL OUT-OF-POCKET EXPENSES; (C) ALL CAUSES OF ACTION OR CLAIMS ARISING OUT OF OR CONNECTED WITH THE PROGRAM, OR ANY AWARD SHALL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; AND (D) ANY AND ALL CLAIMS, JUDGMENTS, AND AWARDS SHALL BE LIMITED TO ACTUAL OUT-OF-POCKET COSTS INCURRED, EXCLUDING ATTORNEYS' FEES AND COURT COSTS.
6. SOME JURISDICTIONS DO NOT ALLOW ANY OR SOME OF THESE LIMITATIONS OF LIABILITY. THESE LIMITATIONS OF LIABILITY WILL ONLY APPLY TO YOU TO THE MAXIMUM EXTENT PERMITTED BY LAW. Nothing set forth in these limitations of liability affects any rights you may have that by law cannot be excluded or limited, including, without limitation, any rights you may have as a consumer that by law cannot be excluded or limited. We do not seek to exclude or limit liability for fraudulent misrepresentation.
K. No Warranty
THE MONEYGRAM REWARDS PROGRAM AND WWW.MONEYGRAM.COM ARE ROVIDED "AS-IS,"WITHOUT WARRANTY OR REPRESENTATION OF ANY KIND. WE AND OUR AFFILIATES HEREBY DISCLAIM ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND WHATSOEVER, WHETHER WRITTEN OR ORAL, EXPRESS, IMPLIED, STATUTORY, OR ARISING BY OPERATION OR LAW, COURSE OR DEALING, COURSE OR PERFORMANCE OR USAGE OF TRADE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT, WITH RESPECT TO THE PROGRAM AND THE WEBSITE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR DISCLAIMER OF IMPLIED WARRANTIES. THE FOREGOING DISCLAIMERS WILL ONLY APPLY TO YOU TO THE MAXIMUM EXTENT PERMITTED BY LAW. The foregoing disclaimers do not affect any rights you may have that by law cannot be excluded or limited, including, without limitation, any rights you may have as a consumer that by law cannot be excluded or limited.M