Terms of service – Makeba Money

User Agreement Terms and Conditions

This User Agreement, which is effective as of 2017-09-21 is a contract between you and Makeba, Inc. ("Company" or "Makeba") and governs the terms under which you may use Makeba's Money Service, and access and use Makeba’s website and mobile application (for purposes of this User Agreement, "websites" include www.makeba.money, our mobile website, and our mobile applications) and the services associated with it ("Service"). You acknowledge and agree that this User Agreement is between you and Makeba and that Makeba is solely responsible for 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.

1. Overview of the service

The Service is intended for our customers to send or request money transfers, mobile reloads, or bill payments to, from or for family and friends. We recommend that you use the Service only to send money or mobile reloads to, or pay bills for, people you know personally. You should never use the Service to send requests to strangers or to send money or mobile reloads to, or pay bills for, strangers.
Makeba’s mobile applications and money transfer service is sponsored by [SPONSOR BANK], a federally licensed bank and all money transmission is provided by Makeba, pursuant to [SPONSOR BANK]’s licenses.
CONSUMER FRAUD ALERT: PROTECT YOURSELF FROM SCAMS AND FRAUD. Only send money or mobile reloads to people you know or pay bills for people you know, safeguard your password, send or request for yourself and not on behalf of others, and use Makeba for legal purposes only. Please let us know immediately if you believe someone is trying to scam or defraud you or if your username or password have been lost or stolen by email at fraud_investigations@makeba.money.
The Service allows people to request, send and receive money and mobile reloads and pay bills around the world. A "Sender" is someone who uses the Service to send money or mobile reloads. A "Recipient" is an individual who sends a money transfer request or mobile reload request to a Sender or receives money or mobile reloads from a Sender through the Service. A "Service Company" is a utility or other entity that receives a bill payment from a Sender through the Service. A "Beneficiary" is someone who sends a bill payment request to a Sender or for whom a Sender makes a bill payment through the Service. (For example, and for illustration purposes only, if you use the Service to pay your relative's electric bill, your relative is your Beneficiary and the electric company which receives the payment is the Service Company for that Transaction). You understand that the person referred to as "Beneficiary" in this User Agreement may be referred to as the "Recipient" on your bill payment receipt. The "Recipient Country" is the country in which the Recipient or Service Company receives money or a mobile reload through the Service. A "Transaction" is a specific instruction to send money through the Service. The "Transaction Amount" is the amount that the Sender provides to us to send the Transaction, excluding the Transaction Fee. The "Payout Amount" is the amount paid out to the Recipient or Service Company, excluding any taxes or charges that may be levied under the laws of the Recipient Country (the "Local Taxes").

2. Accessing the service

a. Eligible Users. You must be at least eighteen (18) years old to access or use the Service as a Sender. You must be able to form legally binding contracts under applicable law. Other restrictions may apply.
b. 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.
c. Bill Payments. You affirm that your Beneficiary has authorized you to access his or her account information and to permit Company to collect and verify information about your Beneficiary.
d. Requests. You affirm that Makeba is permitted to share the information you provide to Makeba with your Sender as necessary to provide the Service. You further affirm that your Sender is personally known to you and that you are allowed to share your Sender’s email address with Makeba.
e. 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 and regulations.

3. 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 in New York, NY.

4. Payment

a. 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. We only accept payment in U.S. Dollars. If you submit a Transaction that results in us being charged non-sufficient fund fees, chargeback 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 we may from time to time debit your bank account for less than the amount of the transfer (i.e., for a transfer of $500, we may debit $499.98 from the bank account), as part of our effort to confirm ownership of the account.
b. Payment. In order for us to collect payment from you, you 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"). 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 at a later time. You represent and warrant that you are the lawful owner of your Payment Instrument(s).
c. Other Charges. We are not responsible for any fees or charges that may be imposed by the financial institutions associated with your Payment Instruments. We are not responsible for any such fees, nor are we responsible for non-sufficient funds charges, chargeback 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.
d. Foreign Currencies. We and our Service Providers (defined below) usually make money when you pay for a Transaction in one currency and the Transaction is paid out in another currency, which is based on the difference between the exchange rate at which we buy foreign currency and the exchange rate provided to you. You agree, when you send a Transaction to a Recipient's bank account, that the bank account is denominated in the same currency as the Transaction (e.g., if your Transaction calls for us to deposit pesos into the Recipient's bank account, then you confirm that the Recipient's bank account is denominated in pesos).
e. Scheduled Money Transfers. By utilizing Makeba's scheduled money transfers product, you authorize us to submit Transactions on your behalf, in accordance with your instructions. You understand that we will continue to process recurring money transfer Transactions until you instruct us to stop. You further understand that you must schedule money transfers at least five (5) business days before the transfer date. If you cancel a recurring money transfer Transaction prior to 11:59:59 PM (Eastern Time) on the day before the Transaction is scheduled for processing, we will cancel the Transaction, and your funding source will not be debited. For money transfer Transactions that involve exchanges of foreign currency, you understand that we may be unable to predict the foreign exchange rate on the Transaction date, and you agree that we may apply whatever rate is in effect on the Transaction date.

5. Transaction pay outs

a. Service Providers. We work with local banks, money exchange houses, and other third party service providers (each, a "Service Provider") to apply mobile reloads 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 we are not responsible for any inaccurate or incomplete information that may be posted on Makeba's websites.
b. 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 Company 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 we are not responsible for detecting inaccuracies. If account information and bank details are incorrect, mobile reloads may be applied to the wrong phone number or money may be sent to the wrong bank account and may not be recovered.
c. Cash Pickup Validity and Unclaimed Funds. For cash pickup transfers, funds remain available for collection for 90 days from the date of the transaction. If the beneficiary does not collect the funds within this 90-day period, the transfer will be automatically classified as expired/unclaimed. The Sender may then request a refund, provided the funds have not been paid out. If the Sender does not reclaim the funds following expiration, unclaimed funds will be handled in accordance with applicable U.S. unclaimed property (escheat) laws, which may require transferring the funds to the relevant state authority after the applicable dormancy period.

6. Restrictions

a. 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 our 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.
b. Delays. Your Transaction may be delayed or cancelled at any time prior to your Recipient's or the Service Company's receipt of the mobile reload or 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, your Sender, or your Recipient; qualification or disqualification for POWR (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 10.
c. Mobile Reloads. You understand that our responsibility for mobile reload Transactions is to confirm the transfer of the Payout Amount from a Sender’s account to a Recipient's mobile phone account as a mobile reload. You further understand that we provide estimates of the Local Taxes and other fees that may be charged by a Recipient's wireless carrier (the "Carrier") to a mobile reload Transaction, but that the exact amount of the Local Taxes and fees are determined by the Recipient Country and Carrier. You agree that you and/or your Recipient have read the terms and conditions applicable to the Recipient's mobile phone account (the "Carrier Agreement"), which terms may include, for example, fees and taxes charged on a mobile reload, the expiration of the mobile reload and the quality and quantity of airtime, data and other services for which the mobile reload may be used. Once the Payout Amount is accepted by the Carrier, the Carrier Agreement applies to all services for which the mobile reload may be used by the Recipient. Terms and conditions vary by Carrier, Recipient Country and the terms of the Carrier Agreement. You agree to contact your Carrier directly with questions or problems regarding the application of the mobile reload to services provided by the Carrier.
d. 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 money or mobile reloads to a Recipient or for a Beneficiary that has violated the User Agreement. If you use the Service in connection with illegal conduct, we reserve the right to report you to the appropriate law enforcement agency or agencies. The Service is intended for our customers to send or request money transfers, mobile reloads, or bill payments to, from or for, family and friends. 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 sending Transactions from, to or on behalf of a business or other non-human entity. You acknowledge that Company is not liable for your use of the Service in violation of this User Agreement.
e. 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 Nationals list, 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.
f. Others. You may not request, 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 Company'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.
g. 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.
h. Restricted Activities. As a user of our websites or Service or in the course of your interactions with the Service, you will not: i. Breach this User Agreement, or any other agreement between you and Company; ii. Open more than one account; iii. Provide false, inaccurate, or misleading information; iv. Refuse to cooperate in an investigation or provide confirmation of your identity or any information you provide to us; v. Use an anonymizing proxy; vi. Provide yourself a cash advance from your credit card (or help others to do so); vii. Share Transaction numbers or information with anyone except the Service Company, your Recipient, or Beneficiary, and you will advise your Sender, Recipient or Beneficiary not to share Transaction numbers or information; or viii. Violate any other restrictions in this User Agreement.

7. Open

8. Open

9. Collection of information

a. Privacy Policy. By agreeing to this User Agreement, you acknowledge and consent to our Privacy Policy which is an agreement between you and Company. The Privacy Policy can be found on our websites or by clicking here: Privacy Policy.
b. Customer Identification Program. To help the government fight the funding of terrorism and money laundering activities, U.S. law requires that we obtain, verify, and record information about you. We may require that you provide us with nonpublic, personal, identifying information about you, your Recipient or your Beneficiary. We may also lawfully obtain information about you from other sources without your knowledge, including non-personal identifying information that we may obtain while you visit our websites. Please see our Privacy Policy.
c. Government Disclosures. We may provide information about you and your Transactions to government authorities and enforcement agencies, as described in our Privacy Policy.
d. 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.
e. 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 Policy and Terms of Use.

10. Errors and Problems

a. Errors. You have a right to dispute errors in your Transaction. If you think there is an error, contact us within 180 days of the Transaction online. You can also contact us for a written explanation of your rights. i. You can cancel for a full refund within 30 minutes of authorizing your Transaction, as required by the U.S. Remittance Rule (Regulation E, 12 CFR Part 1005, Subpart B), unless the funds or mobile reload have already been picked up, deposited, delivered, or paid to the Recipient or Service Company. Refunds for eligible cancellations are processed within three (3) business days. ii. For questions or complaints about the Service, contact us online; by mail at Makeba Customer Service, 85 Broad Street, 18th Fl, New York, NY 10004.
b. General. Please let us know if you have any problems with the Service. You can contact us using the contact information at the bottom of this User Agreement.
c. Cancellation and Refunds. You can cancel your Transaction for a full refund within 30 minutes of authorizing your Transaction, unless the funds or mobile reload have already been paid out to the Recipient or Service Company. After 30 minutes, we generally do not provide refunds unless we did not process your Transaction according to your instructions or we are unable to pay out the Transaction. To request a refund, please contact Customer Service (See Section 20 below).
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.
RIGHT TO REFUND: You, the customer, are entitled to a refund of the money to be transmitted as the result of this agreement if Makeba 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.

11. Intellectual Property

You acknowledge that the Service, including but not limited to the content of our websites, text, graphics, links, buttons, logos, images, and all other patents, copyrights, trademarks, trade secrets, service marks, logos, and product and service names, are owned exclusively by Company (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 Company'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 Makeba, its affiliates and Service Providers (the 'Software'). Subject to the terms and conditions of this User Agreement, Makeba 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 herein), 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 herein are reserved by Company.
TERMS_SECTION_11_P3

12. Disclaimer of Warranties

THE SERVICE AND SOFTWARE, IF APPLICABLE, IS PROVIDED 'AS IS' AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WE, OUR SUBSIDIARIES, 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 herein.

13. Indemnity

You agree to indemnify and hold Company, its suppliers, vendors, Service Providers, Service Companies and their respective subsidiaries, 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.

14. Limitation of liability

IN NO EVENT SHALL COMPANY, ITS SUPPLIERS, VENDORS, SERVICE PROVIDERS, SERVICE COMPANIES, OR THEIR RESPECTIVE SUBSIDIARIES, OFFICERS, DIRECTORS, 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 COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM NEGLIGENCE ON THE PART OF COMPANY, ITS SUPPLIERS, VENDORS, SERVICE PROVIDERS, SERVICE COMPANIES, OR THEIR RESPECTIVE SUBSIDIARIES, OFFICERS, DIRECTORS, AGENTS, PARTNERS, EMPLOYEES OR CONSULTANTS.

15. Dispute resolution and governing law

a. Governing Law

This User Agreement shall be governed by the laws of the State of New York, and all activities performed in connection with the Service shall be deemed to have been performed in New York. 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 New York, except that body of law governing conflicts of law and except as otherwise provided in this User Agreement.

b. Disputes

If a dispute arises between you and Company, 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 Company regarding the Service may be reported to Customer Service (See Section 20 below).

c. 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.

d. Forum for Disputes

Except as otherwise agreed by the parties or as described in Section 15(c) above, you agree that any claim or dispute you may have against Company must be resolved by a court located in New York. You agree to submit to the personal jurisdiction of the courts located within New York for the purpose of litigating all such claims or disputes.

e. Where we store your personal data

All claims you bring against Company must be resolved in accordance with Section 15 of this Agreement. All claims filed or brought contrary to Section 15 shall be considered improperly filed, and a breach of this Agreement. Should you file a claim contrary to Section 15, Company may recover attorneys' fees and costs (including in-house attorneys and paralegals) up to $1,000.00 USD from you, provided that we have notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim.

16. Electronic communications

You acknowledge 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 Policy and any amendments, modifications or supplements to them; (ii) your records of Transactions through the Service; (iii) any initial, periodic or other disclosures or notices provided in connection with the Service, including without limitation those required by federal or state law; (iv) any customer service communications, including without limitation communications with respect to claims of error or unauthorized use of the Service; and (v) any other communication related to Company or the Service.
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 Makeba, and (iii) a device and Internet connection capable of supporting the foregoing.

h. Apple-enabled Software Applications

i. Company 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:
1. Company and you acknowledge that this User Agreement is concluded between Company and you only, and not with Apple, and that as between Company and Apple, Company, not Apple, is solely responsible for the Apple-Enabled Software and the content thereof.
2. 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.
3. 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.
4. Apple has no obligation whatsoever to provide any maintenance or support services with respect to the Apple-Enabled Software.
5. 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 Company's sole responsibility, to the extent it cannot be disclaimed under applicable law.
6. Company and you acknowledge that Company, 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.
7. 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 Company and Apple, Company, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
8. 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.
9. If you have any questions, complaints or claims with respect to the Apple-Enabled Software, please contact us using the Contact Information below.
ii. Company 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.

18. Security

Your security and the integrity of your account is a top priority and we work hard to make sure that your information is secure. The Service is a secure and convenient way to send money or mobile reloads 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 money or mobile reloads 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 at fraud_investigations@makeba.money. If you are aware of anyone or any entity that is using the Service inappropriately, please e-mail us at fraud_investigations@makeba.money. If you receive any fake (phishing) e-mails purporting to be from the Makeba Service, please forward them to us at fraud_investigations@makeba.money.

19. Communications between you and us

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 Makeba 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 the Makeba Service. You can decline to receive autodialed or prerecorded calls or texts to your mobile phone number by contacting us at the contact information below. Standard telephone minute and text charges may apply.

20. Contact information

Questions, notifications, and requests for refunds or further information can be sent to us, as follows: online; by mail at Makeba Customer Service, 85 Broad Street, 18th Floor, New York, NY 10004, USA or by e-mail at fraud_investigations@makeba.money.