Click here to review the previous version of the User Agreement.
This User Agreement, which is effective as of 2020 December 21, is a contract between you and one of the PayPal entities as follows:
If your country of residence is: | Your User Agreement is with the following PayPal entity: |
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Canada | PayPal Canada Co. |
The United Kingdom and a member of the European Economic Area where the Xoom service is available | PayPal (Europe) S.à r.l. et Cie, S.C.A. (R.C.S. Luxembourg B 118 349) |
United States | PayPal, Inc. |
If you are a United States resident, this User Agreement includes an agreement to resolve disputes by arbitration on an individual basis, which is detailed in Part E, Section 12.
This "User Agreement" sets forth the terms under which you may use PayPal's Xoom Service ("Xoom" or the "Service"), and your access and use of Xoom websites (for purposes of this User Agreement, "websites" includes our desktop website, our mobile websites, and our mobile applications) and the services associated with it. By signing up to this User Agreement, Xoom will set up an account through which you can use the Service and view your Transaction history and contact details (the "Xoom Account"). No funds will be held in the Xoom Account as a result of your use of the Service. You acknowledge and agree that this User Agreement is between you and the PayPal entity in your country of residence (“PayPal”). By accessing and using the Service, you are agreeing to the User Agreement.
As used throughout this User Agreement, the terms "we", "us", and "our" refer to PayPal, together with its employees, consultants, directors, successors, subsidiaries, affiliates, and assignees. The terms "you" and "your" refer to someone who sends money, makes bill payments, reloads pre-paid mobile telephone plans or otherwise makes use of the Services ("Sender").
The Service is designed to be a secure and convenient way for Senders to send money to, pay for pre-paid mobile telephone plan reloads for, or pay bills for family members and other people that you trust. However, there are many scams and fraudsters and you should be cautious of deals or offers that seem too good to be true. We urge you not to send money or pay for pre-paid mobile telephone plan reloads, or make bill payments for anyone that you do not know personally. Take care to safeguard your password, do not send or request for others, and use Xoom for legal purposes only. Click here 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 has been lost or stolen. Click here for how to contact Customer Service.
Your security and the integrity of your Xoom Account are our top priorities and we work hard to secure your information. If you are aware of anyone or any entity that is using the Service inappropriately, please e-mail us at reportfraud@xoom.com.
Please be aware that Xoom will never ask for your Xoom Account password. If you receive any fake (i.e., phishing) e-mails claiming to be from Xoom, please forward them to us at reportfraud@xoom.com.
PayPal processes Transactions to India pursuant to the Rupee Drawing Arrangements ("RDA"), as established by the Reserve Bank of India. You understand that use of the Service for contributions to charitable organizations is prohibited.
You acknowledge that your Xoom Transactions are not payments which require prior notification, permission or approval under the Japan Foreign Exchange and Foreign Trade Act (“FEFTA”) and are not payments which are restricted under FEFTA, including but not limited to capital transactions, payments to sanctioned individuals, sanctioned countries (in particular North Korea and Iran), or in exchange for embargoed goods such as weapons and nuclear related development. You understand that your use of Xoom to send Transactions to Japan which are not compliant with the restrictions of FEFTA is prohibited.
You acknowledge and agree 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 Statement and any amendments, modifications or supplements to them; (ii) your records of Transactions through the Service (including receipts or confirmations of Transactions); (iii) descriptions or records of your use of the Service (iv) any initial, periodic or other disclosures or notices provided in connection with the Service, including those required by applicable law; (v) any customer service communications or disclosures, including without limitation communications or disclosures with respect to claims of error or unauthorized use of the Service; and (vi) any other communication, agreement or disclosure related to PayPal, Xoom, the Service, your Xoom Account or any Transaction.
You agree and consent to receive electronically all Communications that we provide.
We will provide these Communications to you by posting them on the websites and/or by emailing them to you at the primary email address listed in your Xoom Account.
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 Xoom 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 Xoom. Please click here for Customer Service to decline receiving autodialed or prerecorded calls or texts to your mobile phone number. Standard telephone minute and text charges may apply
Privacy Statement. By agreeing to this User Agreement, you acknowledge you have read your country specific PayPal Privacy Statement. We will disclose information to third parties about your Xoom Account, your Payment Instruments or your Transactions: - Where it is necessary for completing Transactions, or - In order to comply with government agency or court orders, or - If you give us your consent, or - As otherwise described in our Privacy Statement.
Invisible Recaptcha. You acknowledge and understand that the Service has implemented Google's Invisible Recaptcha service onto our websites as a tool to help detect and prevent potentially illegal acts and violations of our policies. You further acknowledge that your use of the Service and our websites includes your use of the Invisible Recaptcha service, which is subject to the Google Privacy Statement and Google Terms of Use.
You acknowledge that PayPal exclusively owns 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 (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 PayPal'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 PayPal, its affiliates and Service Providers, as applicable (the "Software"). Subject to the terms and conditions of this User Agreement, PayPal 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 in this User Agreement), 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 in this User Agreement are reserved by PayPal.
XOOM; XOOM.COM STYLIZED, XOOM STYLIZED, X LOGO, X XOOM LOGO; BANK TO BANK ULTRA; CUENTA A CUENTA ULTRA; STOP WAITING IN LINE. XOOM IT ONLINE; XOOM IT ONLINE; POWR; STATUSTRAK; THE SMARTER WAY TO SEND MONEY, and MONEY GO XOOM are trademarks or registered trademarks of PayPal in the United States and/or other countries.
THE SERVICE AND SOFTWARE, IF APPLICABLE, IS PROVIDED "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. PAYPAL, ITS SUBSIDIARIES, AFFILIATES, 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 in this User Agreement.
You agree to indemnify and hold PayPal, its suppliers, vendors, Service Providers, Service Companies and their respective subsidiaries, affiliates, 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.
To request a refund, please click here for Customer Service. We will refund your money within four (4) Business Days of your request to cancel a transfer as long as the funds have not already been picked up or deposited into a Recipient’s account. You can cancel your Transaction for a full refund within 30 minutes of authorizing your Transaction, unless the Send Money funds, Reload, or Bill Pay has already been paid out to the Recipient or Third-Party Service Company. After 30 minutes, we generally do not provide refunds, but may do so in limited circumstances.
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 same currency used to pay for the Transaction (“Send Currency”). Refund amounts will not be adjusted to account for changes in the value of the Send Currency from the time your Transaction was submitted.
Notwithstanding the foregoing, specific refund provisions may apply depending on your country or state of residence. Please go to the relevant section for your country specific provisions, which can be found between Part C – E.
If your country of residence is Canada at the time you send a Transaction, the following provisions shall apply to you:
For the Reload service, DT One is a Reload Third-Party Service Company that sells you the Reload according to DT One’s Canada Terms & Conditions and Privacy Policy. Third-Party Service Company fees for domestic Reload transactions varies by Reload amount. Xoom transfers the applicable amount of your payment to DT One.
In order to access or use the Service as a Sender or Beneficiary, you must be (i) at least eighteen (18) years old or the age of majority in your province, and with (ii) capacity to enter legally binding contracts. Other restrictions may apply.
You have a right to dispute errors in your Transaction. If you think there is an error or that you have not authorized your Transaction, you must contact us within 13 months of the date we promised to you that funds would be made available to the recipient. Click here for how to contact Customer Service. When you do, please tell us:
We will determine whether an error occurred within 90 days after you contact us and we will correct any error promptly. We will tell you the results within three (3) Business Days after completing our investigation. If we decide that there was no error, we will send you a written explanation. You may ask for copies of any documents we used in our investigation or for more details about your investigation.
EXCEPT AS SET FORTH BELOW, IN NO EVENT SHALL PAYPAL, ITS SUPPLIERS, VENDORS, SERVICE PROVIDERS, SERVICE COMPANIES, OR THEIR RESPECTIVE SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, AGENTS, PARTNERS, EMPLOYEES OR CONSULTANTS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF PAYPAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM NEGLIGENCE ON THE PART OF PAYPAL, ITS SUPPLIERS, VENDORS, SERVICE PROVIDERS, SERVICE COMPANIES, OR THEIR RESPECTIVE SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, AGENTS, PARTNERS, EMPLOYEES OR CONSULTANTS.
If a dispute arises between you and PayPal, 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 PayPal regarding the Service may be reported to Customer Service. Please click here for Customer Service.
A party requesting relief may elect to resolve a claim (excluding claims for injunctive or other equitable relief) in a cost-effective manner through binding non-appearance-based arbitration if the total amount of the award sought is less than $10,000.00 CAD.
A party electing arbitration will do so 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.
This User Agreement shall be governed by the laws of Ontario and the laws of Canada, each as may be applicable. 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 Ontario and the laws of Canada, each as may be applicable, except that body of law governing conflicts of law and except as otherwise provided in this User Agreement.
Except as otherwise agreed by the parties or as described in “Canada Disputes”, you agree to irrevocably submit to the non¬exclusive jurisdiction of the courts of Ontario, Canada for the purpose of any suit, action or other proceeding arising out of these User Agreement or your use of our websites or the Services.
If your country of residence is in the European Economic Area or the United Kingdom at the time you send a Transaction, the following provisions shall apply to you:
The Service provided to you is a money remittance service, which does not entail the creation of a payment account and shall be provided to you on a transaction per transaction basis. For the Reload service, DT One sells you the Reload according to DT One’s EEA and UK Terms & Conditions and Privacy Policy. Xoom transfers the applicable amount of your payment to DT One. For the avoidance of doubt, this User Agreement is for single payment transactions.
We will communicate with you in in the language(s) in which we have made available this User Agreement to you.
This User Agreement is concluded in the language in which we communicate with each other when you sign up for Xoom.
You have a right to dispute errors in your Transaction. If you think there is an error (for example that we have incorrectly executed your Transaction) or that you have not authorized your Transaction, you must contact us within 13 months of the date we promised to you that funds would be made available to the Recipient. Click here for how to contact Customer Service. When you do, please tell us:
We will determine whether an error occurred within 90 days after you contact us and we will correct any error promptly. We will tell you the results within three (3) Business Days after completing our investigation. If we decide that there was no error, we will send you a written explanation. You may ask for copies of any documents we used in our investigation or for more details about your investigation.
If PayPal fails to comply with this User Agreement and does not exercise reasonable care and skill in providing the Service, PayPal is responsible for loss or damage you suffer that is a foreseeable result of its breach of this User Agreement or its negligence, but PayPal is not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of a PayPal breach or if it was contemplated by you and PayPal at the time you entered into this User Agreement. Losses of profit or business opportunities would not, for example, be foreseeable as consumers use the Service for personal not business use.
We won’t be responsible for losses due to:
If a dispute arises between you and PayPal, 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 PayPal regarding the Service may be reported to Customer Service. Please click here for Customer Service. In addition, you may have additional dispute resolution options:
If you reside in any member state of the European Economic Area, other than the United Kingdom, and have a complaint to make about us, you may choose to escalate it by contacting one of the following:
In addition to the dispute resolution information for the European Economic Area above, if your country of residence is the United Kingdom, you may also contact the United Kingdom’s Financial Ombudsman Service (“UK FOS”). The UK FOS is a free, independent service, which might be able to settle a complaint between you and us. You may obtain further information regarding the UK FOS and contact the UK FOS at http://www.financial-ombudsman.org.uk or by visiting the EU’s Online Dispute Resolution site at https://ec.europa.eu/consumers/odr.
This User Agreement and the relationship between us is governed by the laws of England and Wales. This does not affect your mandatory rights under the laws of the country in which you reside, such as your rights as a consumer. 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 England and Wales.
For complaints that cannot be resolved otherwise, you submit to the non-exclusive jurisdiction of the courts of England and Wales arising out of or relating to these User Agreement or the provision of our Services, without prejudice to your right to also initiate a proceeding against PayPal in that context before the competent courts of and in Luxembourg or your country of residence.
In simple terms, “nonexclusive jurisdiction of the courts of England and Wales” means that if you were able to bring a claim arising from these User Agreement against us in Court, an acceptable court would be a court located in England or Wales, but you may also elect to bring a claim in the court of another country instead, such as the country in which you reside.
If your country of residence is in the United States at the time you send a Transaction, the following provisions shall apply to you:
Reload Service
For the Reload service, DT One is a Reload Third-Party Service Company that sells you the Reload according to DT One’s U.S. Terms & Conditions and Privacy Policy. Xoom transfers the applicable amount of your payment to DT One. DT One offers Reloads from the U.S. to eligible U.S. and non-U.S. Carriers.
Selling Cryptocurrency to Fund Transactions
You may have the option to sell eligible cryptocurrency assets held in the cryptocurrencies hub of your PayPal Balance account to fund a Transaction. When doing so, the sale proceeds will be disbursed to your PayPal Balance account, which will then be used as the Payment Instrument for your Transaction. The amount of cryptocurrency assets you will sell will be equivalent to the U.S. dollar amount you are sending to your recipient plus any applicable U.S. dollar-denominated Transaction Fee. Your sale of cryptocurrency assets is governed by the PayPal Cryptocurrency Terms and Conditions. If you sell cryptocurrency assets to fund a Transaction that is not completed for any reason, the sale proceeds will remain in your PayPal Balance account.
You may execute up to a maximum dollar amount per Transaction using your Xoom Account, depending on the type of Transaction. The per-Transaction maximums are available in the article How Much Money Can I Send. In addition, you may execute up to a certain maximum dollar amount in total for Transactions over a specified period of time using your Xoom Account. The maximum total amounts for specified periods are available in the article How Much Money Can I Send. Xoom’s Service Providers also may limit the maximum dollar amount of a Transaction, or reject a proposed Transaction, in their sole discretion.
Limitations may apply on the maximum number of Transactions you may make over a specified period of time using your Xoom account. In addition, Xoom’s Service Providers may limit the maximum number of Transactions you can make over a period of time, in their sole discretion.
You will get a monthly statement of your Xoom account activity.
(Tell us AT ONCE if you believe your Xoom Account credentials (username or password) have been lost or stolen, or if you believe that an electronic fund transfer has been made without your permission using information from your Xoom Account. Telephoning is the best way of keeping your possible losses down. If your Payment Instrument is associated with an asset account (e.g., a bank deposit) (a “Debit Instrument”), you could lose all the money associated with your Debit Instrument (plus the maximum amount of any overdraft line of credit associated with your Debit Instrument). If you tell us within 2 Business Days after you learn of the loss or theft of your Xoom Account credentials, you can lose no more than $50 if someone used your Xoom Account credentials without your permission to access a Debit Instrument.)
If you do NOT tell us within 2 Business Days after you learn of the loss or theft of your Xoom Account credentials, and we can prove we could have stopped someone from using your Xoom Account credentials without your permission if you had told us, you could lose as much as $500 if your Xoom Account credentials are used to access a Debit Instrument.
Also, if your Xoom statement shows transfers using a Debit Instrument that you did not make, tell us at once. If you do not tell us within 180 days from the date we promised to you that funds would be made available to the Recipient, as provided in the Transaction receipt, you may not get back any money you lost after the 180 days if we can prove that we could have stopped someone from taking the money if you had told us in time. If a good reason (such as a long trip or a hospital stay) kept you from telling us, we will extend the time periods.
If you believe your Xoom Account credentials have been lost or stolen, please contact us using any method provided on our support page.
Notwithstanding the foregoing, if your Payment Instrument is not a Debit Instrument (e.g., if you use a credit card for funding), you will be responsible for the losses as set forth in the User Agreement.
The error resolution procedures, rights and obligations described in this Section 5 apply to Transactions made with a Debit Instrument (“Debit Transactions”). Treatment of Debit Transaction error claims varies depending on whether you send funds within the United States or internationally, and whether you are claiming unauthorized use of your Xoom Account. If your Transaction was made with a credit card Payment Instrument (“Credit Card Transactions”), error resolution procedures, rights and obligations are set forth in Section 6.
In case of errors or questions about your Debit Transactions, please contact us using any method provided on our support page as soon as you can, if you think your statement or receipt is wrong or if you need more information about a Debit Transaction listed on the statement or receipt. We must hear from you no later than 180 days from the date we promised to you that funds would be made available to the Recipient, as provided in the Debit Transaction receipt.
If you tell us orally, we may require that you send us your complaint or question in writing within 10 Business Days.
The following applies if you think any Debit Transaction was not authorized by you, or if you think any error has occurred with respect to the Debit Transaction where the Destination is the United States:
The following applies if you think an error has occurred with respect to any Debit Transaction where the Destination is not the United States, other than an unauthorized Debit Transaction error:
The error resolution procedures, rights and obligations described in this Section 7 apply to Credit Card Transactions. Treatment of Credit Card Transaction error claims varies depending on whether you send funds within the United States or internationally, and whether you are claiming unauthorized use of your Xoom Account. If your Transaction was made with a Debit Instrument, error resolution procedures, rights and obligations are set forth in Section 6.
In case of errors or questions about your Credit Card Transaction where the Destination is not the United States, other than an unauthorized Credit Card Transaction error (“Non-U.S. Credit Card Transaction”), please contact us using any method provided on our support page as soon as you can, if you think your statement or receipt is wrong or if you need more information about a Non-U.S. Credit Card Transaction listed on the statement or receipt. We must hear from you no later than 180 days from the date we promised to you that funds would be made available to the Recipient, as provided in the Non-U.S. Credit Card Transaction receipt.
If you tell us orally, we may require that you send us your complaint or question in writing within 10 Business Days.
If you think an error has occurred with respect to your Non-U.S. Credit Card Transaction, we will determine whether an error occurred within 90 days after you contact us and we will correct any error promptly. We will tell you the results within three Business Days after completing our investigation. If we decide that there was no error, we will send you a written explanation. You may ask for copies of any documents we used in our investigation or for more details about your investigation.
If you think any Credit Card Transaction was not authorized by you, or if you think any error has occurred with respect to a Credit Card Transaction where the Destination is the United States, please contact us using any method provided on our support page as soon as you can for assistance with resolving the issue. You may also contact the issuer of your credit card Payment Instrument regarding your dispute.
If we do not complete a Transaction drawn against a Debit Instrument on time or in the correct amount according to our agreement with you, we will be liable for your losses or damages. However, there are some exceptions. We will not be liable, for instance:
Residents of certain jurisdictions in the United States may also consider the following in the event of a problem:
Colorado Division of Banking 1560 Broadway, Suite 975 Denver, CO 80202 email: DORA_BankingWebsite@state.co.us website: www.dora.colorado.gov/dob
ALL consumer complaints must be submitted in writing.
Notwithstanding the foregoing, residents of certain jurisdictions in the United States should read the following:
RIGHT TO REFUND: You, the customer, are entitled to a refund of the money to be transmitted as the result of this agreement if PayPal 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 Xoom Customer Service, at 425 Market Street, 12th Floor, San Francisco, CA 94105-5404, 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.
EXCEPT AS OTHERWISE SET FORTH IN THIS USER AGREEMENT OR PROVIDED BY APPLICABLE LAW, IN NO EVENT SHALL PAYPAL, ITS SUPPLIERS, VENDORS, SERVICE PROVIDERS, SERVICE COMPANIES, OR THEIR RESPECTIVE SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, AGENTS, PARTNERS, EMPLOYEES OR CONSULTANTS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF PAYPAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM NEGLIGENCE ON THE PART OF PAYPAL, ITS SUPPLIERS, VENDORS, SERVICE PROVIDERS, SERVICE COMPANIES, OR THEIR RESPECTIVE SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, AGENTS, PARTNERS, EMPLOYEES OR CONSULTANTS.
Notwithstanding the foregoing:
California residents: the above does not apply to claims under Section 2102 of the California Financial Code arising from Transactions originating in California.
You and PayPal agree that any claim or dispute at law or equity that has arisen or may arise, out of or relating to the Xoom services or your Xoom account, will be resolved in accordance with the provisions of the Agreement to Arbitrate provisions set forth below. Please read this information carefully. Among other things it:
If you have a dispute with PayPal, our goal is to learn about and address your concerns. If we are unable to do so to your satisfaction, we aim to provide you with a neutral and cost effective means of resolving the dispute quickly. Any disputes you have regarding the Xoom services may be reported to customer service online through the Xoom Help Center at any time.
Xoom Agreement to Arbitrate | |
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Our Agreement | You and PayPal each agree that any and all disputes or claims that have arisen or may arise out of or relating to the Xoom services or your Xoom account including without limitation federal and state statutory claims, common law claims, and those based in contract, tort, fraud, misrepresentation or any other legal theory, shall be resolved exclusively through final and binding arbitration, rather than in court, except that you may assert claims in small claims court, if your claims qualify and so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis. This Agreement to Arbitrate is intended to be broadly interpreted. The Federal Arbitration Act governs the interpretation and enforcement of this Agreement to Arbitrate. |
Prohibition of Class and Representative Actions and Non-Individualized Relief | You and PayPal agree that each of us may bring claims against the other only on an individual basis and not as a plaintiff or class member in any purported class or representative action or proceeding. Unless both you and PayPal agree otherwise, the arbitrator(s) may not consolidate or join more than one person’s or party’s claims and may not otherwise preside over any form of a consolidated, representative or class proceeding. Also, the arbitrator(s) may award relief (including monetary, injunctive and declaratory relief) only in favor of the individual party seeking relief and only to the extent necessary to provide relief necessitated by that party’s individual claim(s). Any relief awarded cannot affect other PayPal or Xoom customers. |
Arbitration Procedures | Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator or arbitrators instead of a judge or jury, and court review of an arbitration award is very limited. However, the arbitrator(s) can award the same damages and relief on an individual basis that a court can award to an individual. The arbitrator(s) also must follow the terms of this user agreement as a court would. All issues are for the arbitrator(s) to decide, except that issues relating to arbitrability, the scope or enforceability of this Agreement to Arbitrate, or the interpretation of the Prohibition of Class and Representative Actions and Non-Individualized Relief section above, shall be for a court of competent jurisdiction to decide. The arbitration will be conducted by the American Arbitration Association (referred to as the "AAA") under its rules and procedures, including the AAA's Consumer Arbitration Rules (as applicable), as modified by this Agreement to Arbitrate. The AAA's rules are available at www.adr.org. A party who intends to seek arbitration must first send the other party, by certified mail, a completed Xoom Notice of Dispute. You should send this notice to: PayPal, Inc., Attn: Litigation Department, Re: Xoom Notice of Dispute, 2211 North First Street, San Jose, CA 95131. PayPal will send any notice to you to the address we have on file associated with your Xoom account; it is your responsibility to keep your address up to date. All information called for in the notice must be provided including a description of the nature and basis of the claims the party is asserting and the relief sought. If you and PayPal are unable to resolve the claims described in the Xoom notice within 30 days after the notice is sent, you or PayPal may initiate arbitration proceedings. A form for initiating arbitration proceedings is available on the AAA's website at www.adr.org. The parties agree that the arbitration shall be held in the county in which you reside or at another mutually agreed location. If the value of the relief sought is $10,000 or less, the arbitration shall be conducted either by telephone or based solely on written submissions (at your election), subject to the discretion of the arbitrator(s) to require an in-person hearing if the circumstances warrant. In cases where an in-person hearing is held, you and/or PayPal may attend by telephone, unless the arbitrator(s) require otherwise. Any settlement offer made by you or PayPal shall not be disclosed to the arbitrator(s). The arbitrator(s) will decide the substance of all claims in accordance with applicable law, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator(s) shall not be bound by rulings in prior arbitrations involving different Xoom customers, but is/are bound by rulings in prior arbitrations involving the same Xoom customer to the extent required by applicable law. The award of the arbitrator(s) shall be final and binding, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. |
Costs of Arbitration | Payment of all filing, administration, and arbitrator fees will be governed by the AAA's rules, unless otherwise stated in this Agreement to Arbitrate. If the value of the relief sought is $10,000 or less, at your request, PayPal will pay all filing, administration, and arbitrator fees associated with the arbitration. Any request for payment of fees by PayPal should be submitted by mail to the AAA along with your Demand for Arbitration and PayPal will make arrangements to pay all necessary fees directly to the AAA. If the value of the relief sought is more than $10,000 and you are able to demonstrate that the costs of accessing arbitration will be prohibitive as compared to the costs of accessing a court for purposes of pursuing litigation on an individual basis, PayPal will pay as much of the filing, administration, and arbitrator fees as the arbitrator(s) deem necessary to prevent the cost of accessing the arbitration from being prohibitive. In the event the arbitrator(s) determine the claim(s) you assert in the arbitration to be frivolous, you agree to reimburse PayPal for all fees associated with the arbitration paid by PayPal on your behalf that you otherwise would be obligated to pay under the AAA's rules. |
Severability | With the exception of any of the provisions in the Prohibition of Class and Representative Actions and Non-Individualized Relief section above, if a court decides that any part of this Agreement to Arbitrate is invalid or unenforceable, the other parts of this Agreement to Arbitrate shall still apply. If a court decides that any of the provisions in the Prohibition of Class and Representative Actions and Non-Individualized Relief section above is invalid or unenforceable because it would prevent the exercise of a non-waivable right to pursue public injunctive relief, then any dispute regarding the entitlement to such relief (and only that relief) must be severed from arbitration and may be litigated in court. All other disputes subject to arbitration under the terms of the Agreement to Arbitrate shall be arbitrated under its terms. |
Opt-Out Procedure | You can choose to reject this Xoom Agreement to Arbitrate by mailing us a written opt-out notice. If you are a new Xoom user, the opt-out notice must be postmarked no later than 30 days after the date you accept this User Agreement. If you are a current Xoom user and previously accepted the User Agreement, the opt-out notice must be postmarked no later than 30 days after the effective date of this Agreement to Arbitrate. You must mail the Xoom opt-out notice to: PayPal, Inc., Attn: Xoom - Litigation Department, 2211 North First Street, San Jose, CA 95131. For your convenience, we are providing a Xoom opt-out notice form you may complete and mail to opt out of this Agreement to Arbitrate. To opt out of the Xoom Agreement to Arbitrate, you must provide all the information called for in the opt-out notice, including your name, address, phone number, and the email address(es) used to log in to the Xoom account(s) to which the opt-out applies. You must sign the opt-out notice for it to be effective. This procedure is the only way you can opt out of the agreement to arbitrate. If you opt out of the Xoom Agreement to Arbitrate, all other parts of the Xoom User Agreement will continue to apply. Opting out of this Xoom Agreement to Arbitrate has no effect on any previous, other, or future arbitration agreements that you may have with us. |
Future Amendments to the Xoom Agreement to Arbitrate | Notwithstanding any provision in the user agreement to the contrary, you and we agree that if we make any amendment to this Agreement to Arbitrate (other than an amendment to any notice address or website link provided herein) in the future, that amendment shall not apply to any claim that was filed in a legal proceeding against PayPal prior to the effective date of the amendment. The amendment shall apply to all other disputes or claims governed by this Agreement to Arbitrate that have arisen or may arise between you and PayPal. We will notify you of amendments to this Agreement to Arbitrate by posting the amended terms on www.Xoom.com at least 30 days before the effective date of the amendments and by providing notice through email. If you do not agree to these amended terms, you may close your Xoom account within the 30-day period and you will not be bound by the amended terms. |
You agree that, except to the extent inconsistent with or preempted by federal law and except as otherwise stated in this User Agreement, the laws of the State of Delaware, without regard to principles of conflict of laws, will govern this user agreement and any claim or dispute that has arisen or may arise between you and PayPal.
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