This User Agreement is effective as of 01/12/2015 and governs the terms under which you may access and use pearlvine’s websites
(for purposes of this User Agreement, "websites" includes www.pearlvine.com, our mobile websites, and our mobile applications)
and the services associated with it (the "Service"). Do not access or use the Service if you do not agree to be bound by the User
Agreement. By accessing and using the Service, you are agreeing to the User Agreement.
Overview of the service
The Service is intended for our registered users to send DP transfers and receive / Funds transfer and receive to/from our other registered
users. We recommend that you use the Service only to send/ recieve DP/funds to people carefully. You should never use the Service to send DP
or funds to non-registered users.
CONSUMER FRAUD ALERT: PROTECT YOURSELF FROM SCAMS AND FRAUD. Only send DP or Funds to people very carefully, safeguard your password & OTP, send for
yourself and not on behalf of others, and use pearlvine for personal purposes only. Click here to learn more about sending DP safely with pearlvine.
Please let us know immediately if you believe someone is trying to scam or defraud you or if your pearlvine username or password have been lost or stolen
by email at [email protected]
The Service allows people to send and receive DP and Funds around the world. A "Sender" is someone who uses the Service to send DP or Funds.
A "Recipient" is an individual (Registered user of Peralvine) who receives DP or Funds from a Sender.
Accessing the service
Eligible Users. You must be at least eighteen (18) years old to access or use the Service. You must be able to form legally binding contracts under
applicable law. Other restrictions may apply.
Mobile Services. The Service is also accessible via a mobile device. To the extent you access the Service through a mobile device, your wireless service
carrier's standard charges, data rates and other fees may apply.
You affirm that your Beneficiary has authorised you to access his or her account information and to permit pearlvine to collect and verify information about
Not Available to Certain Users. The Service may not be available in whole or in part in different countries and jurisdictions as determined by local laws
Offer and acceptance
If you submit a Transaction, you are requesting that we process your Transaction, an offer which we may accept or reject at our sole discretion from our
place of business.
Charges. For each Transaction that you submit, you agree to pay us a transaction fee (the "Transaction Fee") plus the Transaction Amount. Additional charges
may apply. Payment is due at the time your Transaction is submitted for processing. PearlVine DP only accepts payment in U.S. Dollars. If you submit a
Transaction that results in DP's being charged transaction fees, Admin fees, or other similar fees, you agree to reimburse us for all such fees. For
Transactions funded from the Sender's bank account, you agree that DP may from time to time debit your DP account for less than the amount of the
transfer (i.e., for a transfer of $500, DP may debit $498 from the DP account), as part of our effort to confirm ownership of the account.
Payment. In order for us to collect payment from you, you must authorize us to access, charge, or debit funds from any of the payment instruments you
provide us in connection with your use of the Service (each, a "Payment Instrument") including, for example, your credit card, debit card or bank account.
We do not accept prepaid payment cards as a Payment Instrument. If your payment fails or is insufficient, we may re-try debiting your Payment Instrument one
or more times or you may authorize us to try debiting a different Payment Instrument. For example, if there are insufficient funds in your bank account at the
time you submit your Transaction, we may try to debit your bank account or charge your credit card at a later time. You represent and warrant that you are the
lawful owner of your Payment Instrument(s).
Other Charges. DP is not responsible for any fees or charges that may be imposed by the financial institutions associated with your Payment Instruments.
For example (without limitation), your credit card issuer may charge you a cash advance fee and interest if you use a credit card as a Payment Instrument.
DP is not responsible for any such fees, nor are we responsible for non-sufficient funds charges, charge back fees, or other similar charges that might
be imposed on you by your bank, credit card issuer, or other provider in connection with your use of the Service.
Transaction pay outs
Service Providers. We work with local banks, DP exchange houses, and other third party service providers (each, a "Service Provider") to apply Funds
and pay funds out to Recipients and Service Companies. You, in your capacity as a Sender, hereby appoint your Recipient as your agent for the purpose of
receiving funds in connection with the Service. We attempt to provide up-to-date information on our websites regarding the location, availability, and hours
of our Service Providers. However, you agree that Pearlvine DP is not responsible for any inaccurate or incomplete information that may be posted on its
websites. Verification. Recipients may be required to prove their identity before receiving funds by presenting valid, unexpired identification document(s)
from a list of acceptable forms of identification. In addition, Recipients may be required to provide a Transaction number and/or another, similar identifier
associated with their Transaction. You give Pearlvine DP permission to contact your Recipient or the Service Company and store all such data, as necessary
to provide the Service. Please verify account information and bank details are correct prior to submitting your Transaction because Pearlvine DP is not
responsible for detecting inaccuracies. If account information and bank details are incorrect, Funds may be applied to the wrong phone number or DP may
be sent to the wrong bank account and may not be recovered.
General. We may, at any time and in our sole discretion, refuse any Transaction or limit the amount to be transferred, either on a per Transaction basis or on an
aggregated basis without prior notice. Any such limits may be imposed on individual accounts or on related accounts or households, in Pearlvine DP's sole
discretion. We reserve the right at any time, and from time to time, to modify or discontinue the Service (or any part thereof) with or without notice.
Delays. Your Transaction may be delayed or cancelled at any time prior to your Recipient's or the Service Company's receipt of the Payout Amount without
prior notice. We may delay or cancel your Transaction for reasons that include, but are not limited to: identity verification; validation of your Transaction
instructions and Payment Instruments; fraud and anti-money laundering compliance review; contacting and locating you, your Beneficiary, the Service Company,
or your Recipient; qualification or disqualification for DP (as defined below); and to comply with applicable law. Business hours, systems availability
and currency availability of our Service Providers may also cause delays. Nevertheless, you may be entitled to a refund in certain circumstances, as described
below in Section 9.Commercial Transactions. You agree that you will only use the Service to send DP or Funds to people or for Beneficiaries that you know
personally and for personal reasons. If Pearlvine DP discovers you are using the Service for commercial purposes, including (without limitation) to purchase
goods or pay for services other than payments made to Service Companies specifically provided for by the Service, we may, in our sole discretion, cancel your Transaction(s) and close your account.
Unauthorized Transactions. You may not use the Service in violation of this User Agreement or applicable laws, rules or regulations. It is a violation of this
User Agreement to use the Service for any of the following activities (without limitation): sexually-oriented materials or services; gambling activities; fraud;
Money-laundering; funding terrorist organizations; purchase or sale of tobacco, firearms, prescription drugs, or other controlled substances; or sending DP
or Funds to a Recipient or for a Beneficiary that has violated the User Agreement. If you use the Service in connection with illegal conduct, Pearlvine DP
reserves the right to report you to the appropriate law enforcement agency or agencies. The Service is intended for our customers to send DP transfers and
Funds to other registered users. We may, in our sole discretion, cancel any Transaction and close any account that we suspect is being utilized for any purpose
prohibited by this User Agreement including for commercial purposes, including (without limitation) for purchases of goods or payments for services of any kind.
You acknowledge that Pearlvine DP is not liable for your use of the Service in violation of this User Agreement, including all risks associated with the
purchase of goods or payment for services of any kind, such as (but not limited to) losses you suffer for undelivered or defective goods and services you pay
for using the Service.
Ineligibility. Not all Payment Instruments are available to all customers at all times. We may, in our sole discretion, refuse Transactions funded from certain
Payment Instruments. We may, in our sole discretion, refuse Transactions from certain Senders, for certain Beneficiaries or to certain Recipients or Service
Companies, including without limitation, entities and individuals that are included on the Specially Designated Nationalist, Non-cooperative Countries and Territories list, and such other lists as may be issued from time to time by the U.S. Department of Treasury and other government agencies.
Others. You may not submit or receive a Transaction
(i) on behalf of any other person,
(ii) on behalf of a business or other non-human entity or
(iii) on behalf of a charitable organization without pearlvine's express consent. You may send Transactions to Service Companies for
Beneficiaries whom you know personally. We may, at any time and in our sole discretion, (A) refuse any Transaction, or
(B) close multiple accounts held by an individual, persons related to the individual or persons living in the same household as the individual.
No Changes. We generally do not let you change the details of your Transaction once it has been submitted to us for processing. We rely
on the information you provide and it is your responsibility to make sure your Transaction details are accurate before you submit your
Transaction for processing.
As a user of our websites or Service or in the course of your interactions with pearlvine, you will not: Breach this User Agreement, or any other agreement between you and pearlvine;
Open more than one account; Provide false, inaccurate, or misleading information; Refuse to cooperate in an investigation or provide confirmation of your identity or any information you provide to us;
Use an anonymously proxy; Provide yourself a cash advance from your credit card (or help others to do so); Share Transaction numbers or information with anyone except the Service Company, your Recipient, or Beneficiary, and you will advise your Recipient or Beneficiary not to share Transaction numbers or information; or Violate any other restrictions in this User Agreement.
Transactions to India
Pearlvine 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 commercial purposes or contributions to charitable
organizations is prohibited.
Collection of information
Verifying information. You authorize us, directly or through third parties, to make any inquiries we consider necessary to validate the information
that you provide to us. This may include asking you for additional information, requiring you to take steps to confirm ownership of your e-mail address,
mobile device or financial instruments, or verifying your information against third party databases or through other sources. This may also include verifying your Beneficiary's information.
Errors and Problems
Errors. You have a right to dispute errors in your Transaction. If you think there is an error, contact us within 3 days of the Transaction at :[email protected] .
You can cancel for a full refund within 30 minutes of authorising your Transaction, unless the funds have already been picked up, deposited, delivered, or paid to the Recipient.
For questions or complaints about pearlvine, contact us online; by [email protected] 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. This warranty gives you specific legal rights and you may also have other legal rights that vary state to state. Notwithstanding the
foregoing, you may have a right to a refund as expressly described herein.
You agree to indemnify and hold pearlvine, its suppliers, vendors, Service Providers, Service Companies and their respective subsidiaries, officers,
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 your violation of any rights of a
Limitation of liability
EXCEPT FOR CLAIMS UNDER SECTION 2102 OF THE CALIFORNIA FINANCIAL CODE ARISING FROM TRANSACTIONS ORIGINATING IN CALIFORNIA, IN NO EVENT SHALL PEARLVINE,
ITS SUPPLIERS, VENDORS, SERVICE PROVIDERS, SERVICE COMPANIES, OR THEIR RESPECTIVE SUBSIDIARIES, OFFICERS, AGENTS, PARTNERS, EMPLOYEES OR CONSULTANTS BE LIABLE
FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES BEYOND THE SUM OF $500.00 (IN ADDITION TO REFUNDING THE TRANSACTION AMOUNT AND
TRANSACTION FEES), INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF PEARLVINE HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM NEGLIGENCE ON THE PART OF PEARLVINE, ITS SUPPLIERS, VENDORS, SERVICE PROVIDERS, SERVICE COMPANIES, OR THEIR
RESPECTIVE SUBSIDIARIES, OFFICERS, AGENTS, PARTNERS, EMPLOYEES OR CONSULTANTS.
Dispute resolution and governing law
Governing Law. This User Agreement shall be governed according to the laws of the State of California, and all activities performed in connection with the Service shall be deemed to have been performed in California. 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 California, except that body of law governing conflicts of law.
Disputes with pearlvine. If a dispute arises between you and pearlvine, 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 pearlvine regarding the Service may be reported to Customer Service (See Section 18).
Arbitration. For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000.00 USD, the party requesting relief may elect to resolve the dispute in a cost-effective manner through binding non-appearance-based arbitration. If a party elects arbitration, that party will initiate such arbitration through an established alternative dispute resolution ("ADR") provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: (i) the arbitration shall
be conducted by telephone, online and/or be solely based on written submissions, with the specific manner to be chosen by the party initiating the arbitration; (ii) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (iii) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Forum for Disputes. Except as otherwise agreed by the parties or as described in Section 14(c) above, you agree that any claim or dispute you may have against pearlvine must be resolved by a court located in San Francisco County, California. You agree to submit to the personal jurisdiction of the courts located within San Francisco County, California for the purpose of litigating all such claims or disputes.
Improperly Filed Litigation. All claims you bring against pearlvine must be resolved in accordance with Section 14 of this Agreement. All claims filed or brought contrary to Section 14 shall be considered improperly filed, and a breach of this Agreement. Should you file a claim contrary to Section 14, pearlvine may recover attorneys' fees and costs (including in-house attorneys and paralegals) up to $1,000.00 USD from you, provided that pearlvine has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim.
You may withdraw your consent to receive all Communications electronically, but if you do, your use of the Service shall be terminated. In order to withdraw your consent, you must contact us using our contact information at the end of this User Agreement.
In order to access and retain Communications, you must have: (i) an Internet browser that is java-script enabled, and supports 128-bit encryption and the acceptance of first party cookies, (ii) an e-mail account and the capability to read e-mail from pearlvine, and (iii) a device and Internet connection capable of supporting the foregoing.
Customer Updates. You must promptly update us with any change in your e-mail address and telephone number by updating your profile on our websites. If pearlvine does not have correct contact information, pearlvine may not be able to notify you with important information or changes in your Transaction status.
Licenses. Most states in the United States require us to be licensed to process transactions for their consumers. Our licenses can be found by clicking here.
Entire Agreement. The User Agreement constitutes the entire agreement between you and pearlvine and governs your use of the Service, superseding any prior agreements between you and pearlvine.
No Waiver. The failure of pearlvine to exercise or enforce any right or provision of the User Agreement shall not constitute a waiver of such right or provision and shall not guarantee that pearlvine will repeat any such actions in the future. If any provision of the User Agreement is found by an arbitrator or court of competent jurisdiction to be invalid, the parties nevertheless agree that the arbitrator or court should endeavor to give appropriately valid effect to the intention of the User Agreement as reflected in the provision, and the other provisions of the User Agreement shall remain in full force and effect. Modification. We may modify this User Agreement from time to time without notice to you, except as may be required by law. You can review the most current version of the User Agreement at any time by reviewing our websites. You may terminate your use of the Service if you do not agree with any modification or amendment. If you use the Service after the effective date of an amendment or modification, you shall be deemed to have accepted that amendment or modification. You agree that you shall not modify this User Agreement and acknowledge that any attempts by you to modify this User Agreement shall be void. Language. In the event there is any inconsistency between the English and Spanish or other language text on our websites, including the User Agreement, the English text shall be binding.
Special Notice for International Use; Export Controls. Software available in connection with the Service and the transmission of applicable data, if any, is subject to United States export controls. No Software may be downloaded from the Service or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk. Recognizing the global nature of the Internet, you agree to comply with all local rules and laws regarding your
use of the Service, including as it concerns online conduct and acceptable content.
Apple-enabled Software Applications.
Pearlvine offers Software applications that are intended to be operated in connection with products made commercially available by Apple Inc. ("Apple"), among other platforms. With respect to Software that is made available for your use in connection with an Apple-branded product (such Software, "Apple-Enabled Software"), in addition to the other terms and conditions set forth in this User Agreement, the following terms and conditions apply:
pearlvine and you acknowledge that this User Agreement is concluded between pearlvine and you only, and not with Apple, and that as between pearlvine and Apple, pearlvine, not Apple, is solely responsible for the Apple-Enabled Software and the content thereof.
You may not use the Apple-Enabled Software in any manner that is in violation of or inconsistent with the Usage Rules set forth for Apple-Enabled Software in, or otherwise be in conflict with, the App Store Terms of Service.
Your license to use the Apple-Enabled Software is limited to a non-transferable license to use the Apple-Enabled Software on an iOS Product that you own or control, as permitted by the Usage Rules set forth in the App Store Terms of Service. Apple has no obligation whatsoever to provide any maintenance or support services with respect to the Apple-Enabled Software. Apple is not responsible for any product warranties, whether express or implied by law. In the event of any failure of the Apple-Enabled Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Apple-Enabled Software to you, if any; and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Apple-Enabled Software, or any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty, which will be pearlvine's sole responsibility, to the extent it cannot be disclaimed under applicable law.
pearlvine and you acknowledge that pearlvine, not Apple, is responsible for addressing any claims of you or any third party relating to the Apple-Enabled Software or your possession and/or use of that Apple-Enabled Software, including, but not limited to: (i) product liability claims; (ii) any claim that the Apple-Enabled Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
In the event of any third party claim that the Apple-Enabled Software or the end-user's possession and use of that Apple-Enabled Software infringes that third party's intellectual property rights, as between pearlvine and Apple, pearlvine, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property
You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
If you have any questions, complaints or claims with respect to the Apple-Enabled Software, please contact pearlvine using the Contact Information below.
pearlvine and you acknowledge and agree that Apple, and Apple's subsidiaries, are third party beneficiaries of this User Agreement with respect to the Apple-Enabled Software, and that, upon your acceptance of the terms and conditions of this User Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this User Agreement against you with respect to the Apple-Enabled Software as a third party beneficiary thereof.
Your security and the integrity of your account is a top priority and Pearlvine works hard to make sure that your information is secure. Pearlvine DP is
a safe and convenient way to send DP or Funds to, or pay bills for, family members and other people that you trust. However, scams and fraudsters are
abundant and we urge you not to send DP or Funds to, or make bill payments for, anyone that you do not know personally. In particular, you should be
cautious of deals or offers that seem too good to be true. If you think you have been or might be a victim of fraud, please contact us immediately by e-mail
us at [email protected] If you receive any fake (phishing) e-mails purporting to be from pearlvine, please forward them to us at