Terms and Conditions
CONSUMER FRAUD ALERT: PROTECT YOURSELF. BE CAREFUL WHEN A STRANGER ASKS YOU TO SEND HELP PACKAGES. SEND HELP BACK HOME does not guarantee delivery or suitability of goods or services paid for with Services. SEND HELP BACK HOME is not an escrow service provider. Customer and Receiver agree not to use Services for escrow purposes.
Notify SEND HELP BACK HOME immediately if You believe Your SEND HELP BACK HOME username and password have been lost or stolen or if someone may use them without Your permission.
- SEND HELP BACK HOME, LLC ("SHBH") SERVICES ARE SUBJECT TO THESE TERMS AND CONDITIONS ("AGREEMENT") AND APPLICABLE LAW. Service and product availability depends on certain factors including the Service selected, the selection of delivery options, amount sent, destination country, currency availability, regulatory issues, consumer protection issues, identification requirements, delivery restrictions, store location hours, and differences in time zones (collectively, "Restrictions"). The designated recipient ("Receiver") may generally receive help sent by SHBH consumer ("You") at Provider locations in the Expected Pickup Location. For transactions sent, the Expected Pickup Location generally means any Provider location in the destination state, U.S. territory or country You identify. You may pay for the Services by using a U.S. issued Visa or MasterCard credit card, or debit card issued by or through a financial institution located in the U.S. ("Bank Card"). The total due is payable before SHBH processes the transaction. If SHBH does not receive authorization from the Bank Card issuer, the transaction will not be processed and help will not be transmitted to the Receiver. Each time You use your Bank Card, You agree that SHBH is authorized to charge Your designated Bank Card or applicable account for the total disclosed to You relating to the transaction. Receiver will normally receive help sent by You in the form of Products or Services. You authorize SHBH to designate only Products and Services be provided to Receiver. Certain countries and/or jurisdictions may impose a tax, fee and/or tariff on Your transaction and/ or Receiver's receipt of, or access to, transferred help. Transactions: (i) which exceed certain amounts; (ii) to certain destinations; (iii) that implicate certain regulatory issues or consumer protection issues; or (iv) sent through delayed options may take longer, be subject to dollar limits or be subject to additional Restrictions. Transactions may be reported to applicable authorities. Messaging and notification services may incur additional fees. In some destinations Receiver may be required to provide identification, a test question answer or both to receive help. Test questions are not an additional security feature and cannot be used to time or delay the execution of a transaction and are prohibited in certain countries. SHBH relies on the information you provide us to send help. Please review all transaction details for accuracy before completing your transaction.
- ADMINISTRATION CHARGE:Transactions not picked up or canceled by You within one year of the send date will be assessed a non-refundable administration charge of up to fifty cents per month from the send date, not to exceed forty-two dollars, which will be deducted from the amount sent (or where such charge exceeds the maximum amount permitted by law, the maximum amount permitted by law).
- REFUNDS: Subject to applicable law: (i) help packages may be canceled for a refund of the principal amount, unless the help package has been picked up at the time SHBH receives Your written request; (ii) SHBH may charge You a fee to refund the principal amount back to You in those instances where Receiver rejects Your help package. SHBH may issue the refund to the credit or debit card that was used to pay for the transaction. You may request SHBH to mail You a check in the amount of the refund. Where required by law, refunds associated with certain international transfers may be eligible for different treatment.
SPECIAL TERMS FOR INTERNATIONAL TRANSFERS: Notwithstanding the foregoing, and subject to applicable law, international help packages may be canceled for a full refund of the principal within 30 minutes of payment, unless the help package has been picked up. You may also receive a full refund in certain circumstances if you successfully assert an error or as otherwise provided under applicable law.
The following provision applies only to transactions from California:
RIGHT TO REFUND: "You, the customer, are entitled to a refund of the help package to be transmitted as the result of this agreement if SHBH does not make available the help package within 10 days of the date of its receipt, or does not give instructions committing an equivalent amount of help 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 help package shall be forwarded or transmitted are not complied with and the help package has not yet been forwarded or transmitted You have a right to a refund of Your money. If You want a refund, You must email firstname.lastname@example.org. 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."
- RESOLUTION OF DISPUTES:Unless You opt out as set forth below, any dispute arising from or relating to this transaction shall be resolved by final and binding arbitration. The arbitrator shall also decide what is subject to arbitration. The arbitration will be administered by National Arbitration and Mediation ("NAM") under its Comprehensive Dispute Resolution Rules and Procedures, which are available at www.namadr.com/downloads.cfm or by writing to 990 Stewart Ave., 1st Fl., Garden City, NY, 11530 and explain how to initiate arbitration. You will be responsible for up to $125 of the administration fees. SHBH may reduce this amount if you demonstrate hardship. This agreement is governed by the Federal Arbitration Act, and any award shall be subject to judicial confirmation.Any arbitration shall take place on an individual basis; class actions or arbitrations are not permitted. If any part of this paragraph is deemed invalid, it shall not invalidate the other parts. If NAM is unavailable, the parties or a court will select another arbitrator. You may opt out of arbitration within 30 days after initiating a transaction by emailing email@example.com. IF YOU DO NOT OPT OUT, YOU WILL WAIVE ANY RIGHT TO A TRIAL BY JURY OR JUDGE IN COURT AND ANY RIGHT TO PARTICIPATE IN A CLASS ACTION.
- LIMITATIONS OF LIABILITY:IN NO EVENT SHALL SHBH BE LIABLE FOR DAMAGES WHETHER CAUSED BY NEGLIGENCE ON THE PART OF ITS EMPLOYEES, SUPPLIERS OR AGENTS OR OTHERWISE, BEYOND THE SUM OF $500 (in addition to refunding the transaction amount and except as provided in California Financial Code § 2102(c)), UNLESS YOU HAVE OBTAINED A HIGHER LIABILITY LIMIT BY EMAILING CUSTOMER SERVICE ABOVE AND PAYING AN ADDITIONAL FEE. IN NO EVENT SHALL SHBH OR ITS AGENTS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR THE LIKE.
- CURRENCY EXCHANGE, INTERNATIONAL SERVICES: Transfer fees applicable to this transaction are covered by SHBH. A currency exchange rate will be applied to each transaction. United States currency is converted to foreign currency at an exchange rate set by SHBH unless the laws of the Expected Pickup Location do not permit SHBH to set an exchange rate. Any difference between the rate given to You and the rate received by SHBH will be kept by SHBH. Subject to applicable law, the actual or estimated currency exchange rate applicable to Your transaction will be provided to You on the written disclosures provided to You by SHBH in connection with Your transaction. Products and services will generally be made available at the Expected Pickup Location. No other form of payout will be provided.
- IDENTITY AND LOCATION VERIFICATION:YOU AUTHORIZE SHBH TO REQUEST YOUR MOBILE CARRIER TO USE YOUR MOBILE SUBSCRIBER DETAILS FOR VERIFYING YOUR IDENTITY. THOSE DETAILS MAY INCLUDE NAME, BILLING ADDRESS, EMAIL, AND PHONE NUMBER. THIS INFORMATION MAY ALSO INCLUDE LOCATION INFORMATION, IF AVAILABLE.
- USING AN ACCOUNT:Where available, SHBH may allow You send help packages from a prepaid or credit card, an electronic wallet, a biller, or a similar account (collectively, "Accounts"). The bank or other provider of an Account (the "Account Provider") may impose additional fees on an Account. The agreement with the Account Provider governs use of an Account and provides the rights and liabilities of the holder of an Account. Unless required by applicable law, SHBH accepts no responsibility to You or any Account holder for any fees imposed by an Account provider. If the currency You select for a transaction is not the currency in which an Account is denominated, the Account provider may convert the funds at its own currency exchange rate or reject the transfer. Account Services are for personal or individual use only and not for use by or on behalf of any business or legal entity. SHBH may use the Automated Clearing House ("ACH") network, book transfer, electronic funds transfer, wire transfer or other methods to process transactions relating to an Account. SHBH is not responsible for actions taken by the an Account Provider, such as improperly posting a transaction.
- IMPORTANT NOTICE FOR USING ACCOUNTS:MAKE SURE THE NAME AND CONTACT INFORMATION ARE CORRECT BEFORE SENDING HELP PACKAGES. IF THESE DETAILS ARE INCORRECT, HELP PACKAGES MAY BE PROVIDED TO THE WRONG RECEIVER AND MAY NOT BE RECOVERED.
SHBH may rely on information You provide and may rely solely on the contact information and identifying numbers that You provide for identifying a Receiver.
- TRANSFERS FROM ACCOUNTS:By initiating a transaction from an Account (an "Account Funded Transaction"), You (i) affirm You are the owner of the Account and have authority to initiate the transaction and (ii) authorize SHBH to initiate electronic debits and credits to Your Account to process and correct errors or if a transaction cannot be completed. SHBH may by law be liable for damages caused by its failure to debit Your Account in accordance with these terms and conditions, in the correct amount or in a timely manner when properly instructed by You. However, SHBH will not be liable where: (1) You do not have enough money available in Your Account; (2) Your Account is closed or withdrawals restricted; (3) the transaction exceeds dollar or frequency limitations imposed by SHBH or Your Account Provider; (4) circumstances beyond SHBH's control (such as flood, fire, power outages, mechanical or system failures); (5) Your Account Provider does not honor a transaction, the transaction is not processed or the transaction is returned by Your Account Provider; (6) Your instructions are lost or delayed in transmission to SHBH; (7) SHBH fails to process your transaction because of a reasonable security concern or the Service option has been discontinued or suspended, or SHBH otherwise advises You that Your request will not be processed; and (8) other exceptions allowed by law.
- USE OF THE SHBH WEBSITE, MOBILE DEVICE AND TABLET SERVICES
- LOCATION BASED SERVICES:You acknowledge and authorize that information concerning the location of your mobile device may be used to assess location. Location may be obtained at any time while logged into this website. Location information will not be disclosed to others. You expressly agree that you authorize SHBH to collect and use your location as a part of the SHBH website and eligibility for use of the website.
- INTELLECTUAL PROPERTY:The SHBH website, mobile and tablet device sites and applications (collectively, the "Website"), the Service, the content, and all intellectual property therein (including but not limited to authors, patents, database rights, trademarks and service marks) are owned by SHBH or third parties, and all right, title and interest therein and thereto shall remain the property of SHBH and/or such third parties. The Website and Service may be used only for the purpose permitted by these Terms and Conditions. You may view and retain a copy of the pages of the Website only for Your own personal, non-commercial use. You may not duplicate, publish, modify, create derivative works from, participate in the transfer of, post on the World Wide Web, or in any way distribute or exploit the Website, the Service or any portion thereof for any public or commercial use without the express written consent of SHBH. You shall not (i) use any robot, spider, scraper or other automated device to access the Website or Service; or (ii) remove or alter any author, trademark or other proprietary notice or legend displayed on the Website (or printed pages thereof). The name SHBH and other names and indicia of ownership of the Service are the exclusive marks of SHBH or other third parties. Other product, service and company names appearing on the Website may be trademarks of their owners.
- LINKS TO OTHER SITES:The Website may contain links and pointers to other World Wide Web Internet sites and resources (the "Linked Sites"). Links to any Linked Site do not constitute an endorsement by or association with SHBH or any of its affiliates. Links do not imply that SHBH is associated with or legally authorized to use any trademark, trade name, logo or author symbol displayed in or accessible through the links, or that any Linked Sites are authorized to use any trademark, trade name, logo or author symbol of SHBH or any of its affiliates. You should direct any concerns regarding any Linked Site to such Linked Site's site administrator or webmaster. SHBH does not represent or endorse the accuracy or reliability of, and expressly disclaims, any advice, opinion, statement, or other information displayed or distributed through any Linked Site. You agree that reliance upon any opinion, advice, or information displayed on or otherwise available through any Linked Site shall be at your sole risk.
- IDENTITY VERIFICATION:You acknowledge your mobile carrier may share your mobile subscriber details with SHBH for identity verification. Those details may include name, billing address, email, and phone number.
- SHBH PRIVACY POLICIES:SHBH may disclose Your personal information to third parties as explained in the SHBH Privacy Statement; to obtain a copy, email firstname.lastname@example.org. Information disclosed may include Your financial background, Your contact information, Your identification, information about Your transactions with us and other information relating to financial matters. Recipients may include financial institutions, retailers, our service providers, government agencies and direct marketers. You may direct us to limit certain disclosures of Your information to some of these parties. Your choice to limit certain disclosures will apply until You tell us to change Your choice or we delete Your data from our systems. To limit disclosures of Your information (opt out), email email@example.com.
- GENERAL:This Agreement, together with all items incorporated by reference, embodies the entire understanding among the parties. It supersedes all prior understandings and cannot be modified orally. Subject to applicable law, SHBH may assign this Agreement to a third party without Your consent. This Agreement is governed by Connecticut law without regard to conflicts of law rules. If an Agreement provision is found invalid, remaining provisions shall be valid. Services are directed solely to persons 18 and over. The English language version controls if there is an inconsistency between English and non-English Agreement versions. You and Receiver represent that Your use of Services does not violate this Agreement or any law, including, without limit, laws relating to money laundering, illegal gambling activities, support for terrorist activities or fraud. Information You provide SHBH shall be truthful and complete. You shall indemnify SHBH and its Agents for all losses of any kind (including attorney fees) arising out of any Agreement breach by You or Receiver. SHBH reserves the right to change Services without notice. SHBH and its Agents may refuse to provide Services to any person.