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Terms and Conditions

Terms and Conditions

CrossRem Terms and Conditions

Notice

PLEASE REVIEW THESE TERMS AND CONDITIONS OF USE [FOR PURCHASING PRODUCTS IN COUNTRIES SERVED BY CROSSREM FOR PICKUP BY USERS’ FRIENDS AND RELATIVES] (THESE “TERMS OF SERVICE”) CAREFULLY. BY ACCESSING THIS WEBSITE (“SITE”) AND ANY PAGES RELATED TO THIS SITE, YOU AGREE TO BE BOUND BY THESE TERMS OF SERVICE. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, PLEASE DO NOT ACCESS THIS SITE OR ANY PAGES RELATED TO THIS SITE.

NOT ALL PRODUCTS AND SERVICES ARE AVAILABLE IN ALL GEOGRAPHIC AREAS. YOUR ELIGIBILITY FOR SPECIFIC PRODUCTS AND SERVICES IS SUBJECT TO FINAL DETERMINATION BY CROSSREM.

Website

This Site and any products and services (products and services, collectively, “CrossRem Services”) of CrossRem LLC, a Delaware limited liability company (“CrossRem” “we”, “us”, or “our”) available through this Site are delivered subject to the terms set forth in these Terms of Service. You acknowledge that this Site is the property of CrossRem and its licensors. In using any webpage, website, or other aspect of this Site, you hereby agree to be bound by these Terms of Service.

CrossRem offers the Site to you based on your acceptance of these Terms of Service without modification. CrossRem reserves the right and may, from time-to-time, make changes to CrossRem Services or to these Terms of Service. Any changes or modifications to the Terms of Service will be effective upon upload to the Site. You acknowledge that it is your sole responsibility to periodically review these Terms of Service to remain apprised of any changes, revisions, or updates. Your ongoing and continued use of CrossRem Product and/or the Site, following any revision, change, modification, or update to these Terms of Service, constitutes your acceptance of the modified Terms of Service.

Content and Proprietary Rights

All text, graphics, user interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, “Content”), including design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content contained on the Site is owned, controlled or licensed by or to CrossRem and is protected by applicable U.S. and foreign copyright, patent, and trademark laws, including various other intellectual property rights and unfair competition laws. Certain other words and symbols used to identify the source of third-party goods and services are trademarks of their respective owners. Display of any such trademarks or service marks on the Site does not imply that a license of any kind has been granted.

Except as expressly provided in these Terms of Service, no part of the Site or its Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise, without CrossRem’s prior written consent. Any unauthorized use, downloading, re-transmission, display, distribution or other copying, or modification of any copyrightable matter in the above and/or the Content on the Site is strictly prohibited, and may result in legal action against those engaging in such activities.

Use of CrossRem Services

This Site contains information about CrossRem and CrossRem Services. You may download, view, copy, and print information and related agreements or documents from the Site for your personal use and retention. You may also copy, print, and view such materials provided that no material alterations or modifications are made either to the materials or to any proprietary notices. You understand and acknowledge that you are solely responsible for any actions you take in connection with your use of the Site, CrossRem Services, and any data, material, or information (“Data”) you share through the Site. You agree not to reproduce, transmit, disseminate, broadcast, circulate, republish, duplicate, sell, modify, upload, post, or otherwise distribute or commercially exploit the Site, or any portion of the content of the Site, in any way without CrossRem’s prior written consent.

You agree not to store, upload, or transmit to or via the Site any Data that: (a) infringes upon, or violates any copyright, patent, trademark, trade secret or other proprietary right; (b) is defamatory, libelous, or threatening; (c) is known by you to be false or inaccurate; or (d) violates any applicable law, treaty, or regulation. You agree you will neither upload nor transmit to the Site any Data containing any virus, worm, or other harmful feature. You agree not to interfere, in any way, with others’ use of CrossRem Services and you will not attempt to gain unauthorized access to the account, computer system, or Data of another user.

In addition to the above, you are prohibited from: (a) engaging in any act where you know, or have reason to know, that such act may disrupt the Site’s functionality; (b) translating, decompiling, reverse engineering, or otherwise attempting to obtain access to source code of any software located on the Site (the “Software”); or (c) using the Site in any way that violates local, state, federal, or international law. Without limiting the foregoing, certain Software may be subject to export controls imposed by the U.S. and may not be downloaded or otherwise exported or re-exported into (or otherwise shared or sent to any national or resident of) a country subject to U.S. embargo; (b) to any person listed on the Office of Foreign Assets Control (“OFAC”) Specially Designated Nationals (“SDN”) list; or (c) the U.S. Commerce Department’s Table of Denial Orders. If you use the Software, you represent and warrant that you are not on any of the above-referenced lists or otherwise located in, or subject to the control of, any such country on any of the foregoing lists.

Components of CrossRem Services are available to all persons. However, CrossRem reserves the right to determine your eligibility for any CrossRem Service and, as such you may not be eligible for all CrossRem Services.

You may use information related to CrossRem Services made available in connection with downloading from the Site, provided that you: (a) do not remove any proprietary notice language in such documents; (b) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any medium; (c) make no modifications to such information; and (d) do not make any additional representations or warranties to any party in connection with your use of such documents.

The products and services described in various webpages on the Site, as applicable, may only be offered in certain jurisdictions where they may be legally offered for sale or designated by CrossRem in its sole discretion. The Site is not intended for distribution to, or use by, any person in any jurisdiction or country where such distribution or use would be restricted, prohibited, or otherwise contrary to law or regulation.

Receiving Products

Service Providers. CrossRem work with stores and other third party outlets (each, a “Service Provider”) to make products available to Recipients. As a Sender, you are appointing your Recipient as your agent for the purpose of receiving products purchased through the Service. We try to provide current information on our website about the location, availability, and hours of Service Providers. However, we are not responsible for any inaccurate or incomplete information that may be posted on the website.

Verification. Recipients will be required to prove their identities before receiving products by presenting valid government identification. Recipients shall be required to provide a reference number or another similar identifier associated with their Transactions.

Important Service Restrictions

General. We may refuse any Transaction or limit the amount to be transferred, either on a per transaction or aggregated basis. These limits may be imposed on individual accounts or linked accounts. We reserve the right at any time to modify or discontinue all or any part of the Service.

Delays. Your Transaction may be delayed by our effort to verify your identity and validate your payment and otherwise comply with laws or manage our financial risk. You may be entitled to a refund in certain circumstances and you may cancel your transaction at any time while it is pending.

Commercial Transactions. You should not use the CrossRem Service to send money except to people that you know. We are not responsible for, the quality or delivery of goods or services that you pay for using the Service. You accept that using the CrossRem Service to pay for goods and services is at your own risk.

Unauthorized Transactions. You may not use the Service in violation of this Agreement or applicable laws, rules or regulations. It is a violation of the Agreement to use the Service for any of the following: sexually-oriented materials or services, gambling activities, fraud, money-laundering, the funding of terrorist organizations, or the purchase or sale of tobacco, firearms, prescription drugs, or other controlled substances; or to send money to a Recipient that has violated the Agreement. If you use the Service in connection with illegal conduct, CrossRem will report you to law enforcement.

No Changes. We generally do not let you change the details of your Transaction once it has been submitted to us for processing. It is your responsibility to make sure your Transaction details are accurate.

Restricted Activities

In connection with your use of our website or the Service, or in the course of your interactions with CrossRem, a user or a third party, you will not:

  • Breach this Agreement, or any other agreement between you and CrossRem;
  • Provide false, inaccurate, or misleading information;
  • Refuse to cooperate in an investigation or provide confirmation of your identity;
  • Use an anonymizing proxy;
  • Use any automatic device, or manual process to monitor or copy our website.
  • Use the Service for commercial purposes.

Processor

We use a third-party payment processor (“the Processor”) to bill you through a payment account linked to your account on the Services. The Processor is Block, Inc. Square Capital, LLC and/or Square Financial Services, Inc. (“Square”) which is a technical services provider and may offer the services as an agent of one or more financial institutions in the United States (each, a “Financial Services Provider”). The processing and settlement of Transactions (as defined below) (“Payment Processing”) is carried out by the Processor and any of the Financial Services Providers under a separate agreement, (the “Processor Terms”) and privacy policy (“Processor Privacy Policy”). By accepting this Agreement, you are also accepting and agreeing to be bound by the Processor Terms, which is the legal agreement between you and the Processor, and the Processor Privacy Policy. You can access Square’s Processor Terms here: https://squareup.com/us/en/legal/general/ua and Square’s Processor Privacy at. Privacy Policy at https://squareup.com/us/en/legal/general/privacy-no-account

CrossRem is not a party to the Processor Terms and Privacy Policy and is not liable to you in respect thereof. By accepting this Agreement and the Processor Terms you are agreeing to the creation of an account with the Processor for Payment Processing (the “Processor Account”). We reserve the right to change the Processor, subject to the terms of our agreement with the Processor. In the event of any inconsistency between this Agreement and the Processor Terms, this Agreement shall prevail, except in the event of any inconsistency between this Agreement and the Processor Terms concerning Payment Processing or the Processor Account, in which case the Processor Terms shall prevail.

The Processor’s role is to accept and process credit card, debit card and other types of payments (collectively “Cards”) with respect to sales of your products and services through internet-based transactions (“Card Not Present Transactions” or “CNP Transactions”). If applicable, POS Equipment permits transmission of data to the Processor from in-person, point-of-sale transactions (“Card Present Transactions” or “CP Transactions”), as well as manually entered transactions (“Keyed Transactions”). CNP Transactions, CP Transactions and Keyed Transactions shall be referred to herein, collectively, as “Transactions”.

Privacy

CrossRem’s Privacy Disclosures, including its terms and conditions, are incorporated by reference and made part of these Terms of Service. By using the Site, you acknowledge and agree that Internet transmissions are never completely private or secure, and you understand that any message or information you send to the Site may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, account information) is encrypted.

Site Confidentiality and Security

Certain features or services offered through the Site may require you to open an account (including setting up a username and password). You are solely responsible for maintaining confidentiality of your account information, including your password, for any and all activity related to your account. You further agree to establish commercially reasonable security procedures and controls to protect your confidential information. You agree to notify CrossRem immediately of any unauthorized use, or any other breach of security, including suspected or actual account “phishing” incidents. You understand that you may be held liable for losses incurred by CrossRem or any other user of or visitor to the Site due to an unauthorized party using your login information, password or account. You agree not to use anyone else’s name, password, or account to access the Site at any time without the express permission and consent of such party. You acknowledge that CrossRem shall not be liable for any loss or damage arising from your failure to comply with these obligations. Please do not send or otherwise transmit confidential information to us over the Internet, or request that we transmit confidential information to you. CrossRem will not be responsible or in any way liable for any losses or damages you may incur as the result of such communication that may occur over the Internet.

CrossRem requires its customers to enter a Personal Identification Number (“PIN”) to access the Internet banking pages in addition to using a secure Internet browser. You, among other things, should:

  • Not give to anyone your account information, PIN, and do not permit your browser to save your PIN.
  • Never leave your account information out in an open area accessible by others (including your computer screen) and never leave your computer unattended while you are logged onto the Site.
  • Not send account information (for example, account number or PIN) in any public or general e-mail system.
  • Not use wireless products (e.g., cellular phones, PDA’s) to access any of the CrossRem’s Services on an unsecured network, as such means may be susceptible to signal interception by unauthorized parties.
  • Understand that the Bank will NEVER request your PIN via the Internet. YOU SHOULD NOT RESPOND TO SUCH A REQUEST EVEN IF SUCH PERSON CLAIMS TO WORK WITH OR TO REPRESENT THE BANK.

Electronic Mail

E-mail transmissions are not secure. CrossRem directs that you do not electronically transmit or otherwise send sensitive information, such as account numbers, passwords, financial information to CrossRem or otherwise request such information via e-mail. Please contact CrossRem immediately by phone or in person for such information.

Third-Party Links and Advertisements

You understand and acknowledge that CrossRem provides links to third-party websites. You agree that CrossRem is not responsible for any content related to such links or sites, including any products, services, privacy policies or other materials accessed through such third-party links or websites. The display of any website link does not imply endorsement by CrossRem of the linked site or any content found on such site.

IN NO EVENT SHALL CROSSREM BE LIABLE, DIRECTLY OR INDIRECTLY, TO YOU OR TO ANY PARTY FOR ANY DAMAGE OR LOSS ARISING FROM, OR RELATING TO, ANY USE, CONTINUED USE OR RELIANCE ON ANY LINKED THIRD-PARTY SITE OR ANY OTHER LINK FOUND ON SUCH LINKED SITE.

Children Online Privacy Protection Act

This Site will not, and does not intend to, market any CrossRem Services or related services to children. CrossRem does not knowingly gather or solicit data from children through the Site, and by using the Site you represent that you are an adult who is at least 18 years of age.

Modification or Discontinuance of Certain CrossRem Services

You understand that, at any time and without notice to you, and for any reason whatsoever, CrossRem may modify or discontinue all or any part of CrossRem Services. You acknowledge that CrossRem shall in no way be held liable for any consequence resulting from CrossRem’s decision to modify or discontinue providing all or any part of CrossRem Services.

Disclaimers

CROSSREM DOES NOT PROMISE THAT THE SITE OR ANY CONTENT, SERVICE, OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. CROSSREM DOES NOT WARRANT THE ACCURACY, COMPLETENESS, QUALITY, ADEQUACY OR CONTENT OF ANY INFORMATION OR TOOL ON THE SITE OR ANY OTHER WEBPAGE OR WEBSITE LINKED OR REFERENCED ON THE SITE, NOR DOES CROSSREM MAKE ANY REPRESENTATION OR WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR ANY OTHER WEBPAGE OR WEBSITE LINKED OR REFERENCED ON THE SITE. THE SITE AND ITS CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. CROSSREM CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. CROSSREM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, ACCURACY, TITLE, QUIET ENJOYMENT, NO ENCUMBRANCES, NO LIENS AND NON-INFRINGEMENT. CROSSREM DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE AND/OR ANY OF CROSSREM’S SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST CROSSREM FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS AN ESSENTIAL PART OF THE BARGAIN BETWEEN THE PARTIES.

The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action. CrossRem reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason; (2) to modify or change the Site, or any portion of the Site, and any applicable policies or terms; and (3) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.

Limitation of Liability

CROSSREM WILL NOT BE RESPONSIBLE OR LIABLE IN ANY WAY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, LOST REVENUES, LOST PROFITS OR PROSPECTIVE ECONOMIC ADVANTAGE, RESULTING FROM ANY USE OR MISUSE OF THE SITE OR ANY OTHER WEBPAGE OR WEBSITE LINKED OR REFERENCED ON THE SITE, OR RELIANCE ON THE INFORMATION, DOCUMENTS, SOFTWARE OR CONTENT HEREOF OR THEREOF, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH ARE REASONABLY FORSEEABLE.

Indemnification

You agree to indemnify and hold CrossRem, its subsidiaries, affiliates, officers, agents, and representatives, and its and their officers and employees, harmless from and against any and all damages, liabilities, actions, causes of action, suits, claims, demands, losses, costs and expenses (including reasonable attorneys’ fees, disbursements, and court costs) arising from or in connection with your use of CrossRem’s Products, your violation of these Terms of Service, or your violation of any rights of any third party.

Governing Law; Arbitration

The laws of the State of New York will govern these Terms of Service, without giving effect to any conflicts of laws principles. To the extent permitted by law, any claim or dispute related to these Terms of Service or your use of the Site or duties contemplated under these Terms of Service, including the validity of this arbitration clause (the “Claim”), shall be settled by binding arbitration administered by the American Arbitration Association in accordance with the then current Commercial Arbitration Rules and this provision and shall be aired in New York City. The arbitration shall be governed by the United States Arbitration Act, 9 U.S.C. §§ 1-16 to the exclusion of any provision of state law inconsistent therewith or which would produce a different result. A single, neutral arbitrator shall determine the Claim of the parties and render a final award in accordance with the substantive law applicable. Strict confidentiality shall govern any arbitration proceedings, any and all information submitted to the arbitrator by the parties and to the decision or award entered by the arbitrator. Any court having jurisdiction may enter judgment upon the award rendered by the arbitrator. These Terms shall not limit any obligation of a party to defend, indemnify or hold harmless another party against court proceedings or other claims, losses, damages, or expenses.

The procedures specified in this Section shall be the sole and exclusive procedures for the resolution of disputes between the parties arising out of or relating to your use of the Site; provided, however, that a party may request temporary remedies in a court of law having competent jurisdiction to maintain the status quo or to protect goods or property until the arbitration has initiated and the selected arbitrator has had the opportunity to resolve the request for temporary relief.

Each party is required to continue to perform its obligations under these Terms of Service pending final resolution of any dispute arising out of or relating to these Terms of Service and your use of the Site, unless to do so would be impossible or impracticable under the circumstances.

Third-Party Companies and Products

Mention of third-party products, companies and websites on the Site is for informational purposes only and neither constitutes an endorsement nor a recommendation. CrossRem assumes no responsibility and disclaims any and all liability with regard to the selection, performance or use of these products or vendors. CrossRem provides this only as a convenience to our users. CrossRem has not tested any software found on these sites and makes no representations regarding the quality, safety, or suitability of any software found there. There are dangers inherent in the use of any software found on the Internet, and CrossRem assumes no responsibility with regard to the performance or use of these products. Make sure that you completely understand the risks before retrieving any software on the Internet.

Third-Party Account Information

By using any applicable online CrossReming or account linking service or any similarly applicable service throughout the Site, you authorize CrossRem and its agents to access third party sites designated by you or on your behalf, to retrieve information requested by you, and you appoint CrossRem and its agents as your agent for this limited purpose. Each time you enter your account login information, you are permitting CrossRem and its agents to process your request and use information submitted by you to accomplish the foregoing.

Miscellaneous

You may not assign or otherwise transfer these Terms of Service or any rights or obligations under these Terms. CrossRem’s failure to act on any breach of any provision of these Terms shall not be construed as a waiver of the enforcement of any provision unless CrossRem agrees to such waiver in writing.

If any part of these Terms of Service is deemed unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity or enforceability of remaining provisions. These Terms of Service set forth the entire understanding between you and CrossRem with respect to the subject matter hereof and supersede any prior or contemporaneous communications, representations, or agreements, whether oral or written, between you and CrossRem with respect to such subject matter.

CONTACT US

888-228-2146
[email protected]