Hungrykid, Inc. User Agreement
As of 1/25/23, this User Agreement (“Agreement”) is in force. It outlines the conditions under which you are obligated when using the services available at www.Hungrykid.com (“Service”). If you do not agree to be bound by these terms, do not use the Service. You accept the terms of this Agreement by using the Service.
The terms “Hungrykid, Inc.,” “we,” “us,” and “our” as used in this Agreement refer to Hungrykid, Inc., a Texas Corporation, along with its personnel, directors, successors, and assignees. Users of the Service, whether Senders or Recipients, are referred to as “you” and “your” in these terms.
Hungrykid, Inc. User Agreement
As of 1/25/23, this User Agreement (“Agreement”) is in force. It outlines the conditions under which you are obligated when using the services available at www.Hungrykid.com (“Service”). If you do not agree to be bound by these terms, do not use the Service. You accept the terms of this Agreement by using the Service.
The terms “Hungrykid, Inc.,” “we,” “us,” and “our” as used in this Agreement refer to Hungrykid, Inc., a Texas Corporation, along with its personnel, directors, successors, and assignees. Users of the Service, whether Senders or Recipients, are referred to as “you” and “your” in these terms.
- THE SERVICE
You should only use the Service to transfer Vouchers to friends and family, as we advise against using it to send a voucher to complete strangers.
Users of the Service can send international Voucher transfers from the United States to other nations that Hungrykid, Inc. serves. A Voucher is sent and received through the Service by “Senders” and “Recipients,” respectively. A request to send Vouchers using the Service is referred to as a “Transaction.” The sum in US dollars that the Sender sends to Hungrykid, Inc. for delivery to the Recipient is referred to as the “Voucher Amount.” The sum sent to the Recipient is known as the “Payout Amount.” - ELIGIBILITY FOR THE SERVICE
i. Age and Capacity. To register for an account, gain access to the Service, or use it as a Sender, you must be at least eighteen (18) years old. You must be able to create agreements that are enforceable by law. Other limitations could apply.
ii. Others. You are not allowed to send or receive a transaction on someone else’s behalf.
iii. Offer and Acceptance. You are making an offer to us to process your Transaction if you submit it, and we reserve the right to accept or reject it in our sole discretion.
iv. Multiple Accounts. There can only be one active account per sender. We reserve the right to limit the Sender’s use of the Service, refuse their continued use of the Service, merge or terminate one or more of the Sender’s accounts if we determine that they are utilizing multiple accounts. - PAYING FOR THE SERVICE
i. Charges. You consent to pay us a service fee (the “Service Fee”) in addition to the Voucher Amount for each Transaction you submit. At the moment the transaction is submitted for processing, payment in US dollars is required. You consent to pay back Hungrykid, Inc. for all associated charges if you submit a transaction that results in us being charged NSF fees, chargeback fees, or other related expenses.
ii. Payment. In order for us to process your transaction you authorize us to charge any of the payment instruments included in your payment profile (“Payment Instrument” includes any credit card, debit card, or bank account). If your payment fails you authorize us to re-try one or more times using the same Payment Instrument. You warrant that you are an authorized and lawful user of the Payment Instrument(s).
iii. Other Charges. Any costs levied by banking institutions connected to your Payment Instruments are not our responsibility. For instance, certain credit card issuers might consider using your credit card to use the Service a “cash advance” and charge you extra fees and interest as a result. Any NSF costs, chargeback fees, or other similar charges that may be levied against you by your bank, credit card issuer, or other provider are not the responsibility of Hungrykid, Inc. - RECEIVING A REMITTANCE
i. Service Providers. To make the Voucher available to Recipients, we cooperate with neighborhood banks and other third-party businesses (each, a “Service Provider”). You are designating your Recipient as your agent as a Sender in order to receive funds sent through the Service. On our website, we make an effort to post up-to-date details on the locations, times, and service providers of our service providers. However, we disclaim all liability for any incorrect or incomplete information posted on the website.
ii. Verification. Before getting funding, recipients will need to show proper identification to prove their identities. Additionally, recipients can be asked for a reference number or another comparable identifier linked to their transactions. - IMPORTANT SERVICE RESTRICTIONS
i. General. We reserve the right to reject any Transaction or restrict the amount that may be transferred, either per transaction or collectively. These restrictions may be placed on separate accounts or connected accounts. We reserve the right to change or stop providing the Service entirely or in part at any time.
ii. Delays. Our efforts to confirm your identification, validate your payment method, and generally abide by laws or manage our financial risk may cause a delay in your transaction. In some cases, you may be eligible for a refund, and you have the right to revoke your consent at any moment while the transaction is still in progress.
iii. Commercial Transactions. You should only send a voucher to persons you know using the service. The quality or timely delivery of any goods or services that you purchase using the Service is not our responsibility. You acknowledge that you use the Service at your own risk while paying for products and services.
iv. Unauthorized Transactions. Use of the Service in contravention of this Agreement or any relevant laws, rules, or regulations is not permitted. The use of the Service for any of the following is prohibited by the terms of the Agreement: the purchase or sale of tobacco, tobacco-related products, firearms, prescription drugs, or other controlled substances; the provision of sexually explicit materials or services; gambling; fraud; money-laundering; the funding of terrorist organizations. Hungrykid, Inc. will notify law enforcement if you use the Service in connection with criminal activity.
v. No Changes. Generally speaking, after your Transaction has been submitted to us for processing, we won’t enable you amend any of its information. It is your obligation to ensure the accuracy of your Transaction information.
vi. Restricted Activities. You agree not to the following in connection with your use of our website, the Service, or in correspondence with Hungrykid, Inc., another user, or a third party: - Breach any agreement between you and Hungrykid, Inc., including this one;
- Give erroneous, fraudulent, or misleading information;
- Refuse to assist with an investigation or give identification proof;
- Make use of an anonymous proxy;
- Get a cash advance on your credit card for yourself (or help others to do so);
- Make a copy of or use any automated system or human procedure to monitor our website.
- HOW AND WHY WE COLLECT PERSONAL INFORMATION
- Privacy Policy. You recognize and consent to our Privacy Policy by signing this Agreement.
- Customer Identification Program. We must gather, confirm, and record information about you in accordance with US law. We might ask you for nonpublic, personal, and identifiable information. Without your awareness, we may also legally acquire non-personally identifying information about you from other sources, such as when you visit this website.
- Government Disclosures. According to our Privacy Policy, we might give law enforcement and governmental bodies information about you and your transactions.
- Verifying information. You grant us permission to contact you or anyone else to conduct any necessary research to verify the data you give us. This could entail requesting more information from you, requesting that you take actions to prove that you are the rightful owner of your email address or financial assets, checking your information against third-party databases, or getting it from other sources.
- ERROR RESOLUTION, CANCELLATIONS AND REFUNDS
- Error Resolution. Contact us at any time at Info@hungrykid.com if you encounter any issues with the Service.
- Refunds. Prior to the transaction’s completion, you can always cancel it. Completion occurs when the voucher you sent is collected in cash, delivered to the recipient’s residence, or deposited into their bank account. When a cancellation request is received, we could check with our service providers to see if the transaction has been completed before starting a refund.
After completion, the Voucher Amount won’t be reimbursed. However, we will always return the fee if you are not happy with our service for any reason. Every refund will be applied to the original payment method used to complete the transaction. Refunds are only issued in U.S. dollars, and their value will not be changed to reflect variations since the time your Transaction was filed in either the U.S. dollar or another currency. - HUNGRYKID, INC.’S INTELLECTUAL PROPERTY
You acknowledge that Hungrykid, Inc. is the only owner of the Service, including all text, graphics, logos, and pictures on this website as well as all other Hungrykid, Inc. copyrights, trademarks, logos, and product and service names (the “Hungrykid, Inc. Intellectual Property”).
You consent to not using or displaying the intellectual property owned by Hungrykid, Inc. in any way. You are only permitted to access and print a copy of these web pages for your own private, non-commercial use. You also agree not to: I use any robot, spider, scraper, or other automated device to access the Service; (ii) remove or change any author attribution or other proprietary notice or legend contained in printed form on this website; or (iii) violate the copyright, patent, trademark, trade secret, or other intellectual property rights of Hungrykid, Inc. or any other party; or (iv) violate any right of publicity or privacy.
Even if you have marked the customer input as confidential, we (and our corporate group companies) will own all right, title, and interest in and to any suggestions, feedback, reviews, or input you supply us with on our services. The Customer Input may be used by us and the corporate group companies in any way we see fit, including for commercial or marketing purposes. You agree to provide us every right, title, and interest in the customer input as well as any help we may need to establish, protect, and uphold our rights in the input. In this context, the phrase “assign” refers to the legal transfer of a benefit, such as your legal transfer of this benefit from the customer to us. - DISCLAIMER OF WARRANTIES
We make reasonable efforts to ensure that Transactions are processed promptly, but because the Service depends on numerous factors that are beyond our control, we make no guarantees or assurances regarding the length of time it will take to complete processing. The preceding disclaimer might not apply to you since certain jurisdictions do not permit the disclaimer of implied warranties. You may also have other legal rights that differ from state to state in addition to the specific legal rights provided by this warranty. In any case, you might be entitled to a refund as specifically stated below. In accordance with federal law, you may be entitled to remedies under federal law, including a refund of our Service Fee, if the Payout Amount is not made available to the Recipient by the availability date indicated on your Transaction receipt. To notify us of the problem, use the error resolution process outlined in Section 6 above. - INDEMNITY
You acknowledge that your use of the Service, connection to the Service, violation of the Agreement, or infringement of another person’s rights may give rise to a claim or demand, and that you will defend and hold harmless Hungrykid, Inc., Service Providers, and each of their respective subsidiaries, officers, agents, partners, and employees from any such claim or demand, including reasonable legal fees. - LIMITATION OF LIABILITY
IN NO EVENT SHALL HUNGRYKID, INC., SERVICE PROVIDERS, OR EACH OF THEIR RESPECTIVE SUBSIDIARIES, OFFICERS, AGENTS, PARTNERS, OR EMPLOYEES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES EXCEEDING $500.00 (IN ADDITION TO REFUNDING THE VOUCHER AMOUNT AND SERVICE FEES), INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF FORESEEABLE). NOTHING IN THE PRECEDING SENTENCE LIMITS THE MONETARY REMEDIES YOU ARE OTHERWISE ENTITLED TO UNDER 15 U.S.C. 1693M, SO AS TO AVOID ANY DOUBT (A). - DISPUTE RESOLUTION AND GOVERNING LAW
i. Governing Law. All actions taken in connection with the Service will be regarded to have taken place in Texas, and this Agreement will be governed by the laws of that state..
ii. Disputes with Hungrykid, Inc. If there is a disagreement between you and Hungrykid, Inc., we want to find out about it and resolve it. If we are unable to satisfactorily address your issues, we will work to offer you a speedy, cost-efficient, and impartial means of resolving the conflict. You can contact customer service online, over the phone at 832-705-2188, by mail at Hungrykid, Inc., Inc., attn: Customer Service, 11807 Westheimer Rd STE 550 # 326 Houston TX 7707, or by email at Info@hungrykid.com.
iii. Arbitration. A binding arbitration agreement is reached between you and Hungrykid, Inc., but each party retains the ability to file a small claims lawsuit on an individual basis. If a party chooses arbitration, that party shall begin the arbitration through a recognized alternative dispute resolution (ADR) provider that the parties shall mutually agree upon. The ADR provider and the parties are required to abide by the following guidelines: (a) the arbitration shall be conducted by telephone, online, and/or solely based on written submissions; the specific method shall be selected by the party initiating the arbitration; (b) the arbitration shall not require any personal appearance by the parties or witnesses, unless the parties mutually agree otherwise; and (c) the arbitration shall be conducted by the ADR provider in accordance with the following guidelines; (c) The arbitrator is not permitted to combine more than one person’s claims, and is also not permitted to preside over any kind of class or representative action; (d) Any judgment on the arbitrator’s award may be entered in any court with the appropriate jurisdiction. You understand and accept that both you and Hungrykid, Inc. are giving up your right to a jury trial as well as your ability to take part as a plaintiff or class member in any alleged class or representative action.
iv. Costs and Fees. Unless the arbitrator determines that your claim is frivolous or was made for an improper reason, Hungrykid, Inc. will cover the arbitration fees if your claim does not ask for an award of more than $75,000. To the extent permitted by applicable law, you may be eligible for an award of attorneys’ fees and expenses if you win the arbitration. If Hungrykid, Inc. wins the arbitration, it will not request attorneys’ fees and costs and hereby waives any rights it may have under applicable law to do so, unless the arbitrator deems the content of your Claim or the relief you seek to be frivolous or brought for an improper reason.
v. Forum for Disputes. You agree that any claim or disagreement you may have against Hungrykid, Inc. must be decided by a court in Texas, unless the parties otherwise agree or as stated in section 11(c) above. You acknowledge that for the purpose of litigating any such claims or disputes, you will submit to the personal jurisdiction of the courts located in Texas.
vi. Improperly Filed Litigation. The provisions of section 11 of this Agreement must be followed in order to resolve any claims you make against Hungrykid, Inc. All claims made or filed in violation of section 11 are deemed wrongly made and constitute a breach of this Agreement.
If you file a claim in violation of section 11, Hungrykid, Inc. may be entitled to recover legal fees and expenses (including those of in-house counsel and paralegals) up to $1,000.00 USD, provided that Hungrykid, Inc. has given you written notice of the improperly filed claim and you have failed to withdraw it within a reasonable amount of time. - E-Sign Disclosure & Consent Notice
You agree to receive and view disclosures, notices, statements, and other communications (collectively, “Communications”) from Hungrykid, Inc. relating to your account electronically by any of the following methods by accepting this User Agreement as described below:
• Text messages sent to the mobile number linked to your account (which may include a link to Communications on our website or in our Service);
• To the email address linked to your account.; or
• Alerts from our mobile or web application.
Any of these methods will qualify as proper notice to you in accordance with the law. You understand that communications may, but are not required to, include the following:
• Our website, Privacy Policy, or User Agreement (“Legal Policies and Agreements”);
• Disclosures and/or amendments we may provide you under our Legal Policies and Agreements;
• Activity and any other information regarding your use of our Service and account;
• Receipts, confirmations, status updates, authorizations and transaction history for your account
• Communications regarding the resolution of any claimed errors; and
• Communications required or permitted by law or regulation.
Your Right to Revoke Consent. To create a Hungrykid, Inc. account and use our Service, you must provide your consent to receive communications electronically because that’s how we communicate with each other. Through the Contact Us section of our website, you can get in touch with our Customer Service and revoke your consent to receive all Communications electronically. Unless you are legally permitted to receive non-electronic communications, we shall deny to open an account for you, terminate, suspend, or refuse to provide the Service if you do not provide or withdraw your consent to receive communications electronically.
HARDWARE & SOFTWARE REQUIREMENTS: You must have a way to print or store Communications that you receive, whether they come in the form of text messages or emails. Therefore, in addition to having a phone number and email address, you also need to have the following:
• Computer or mobile device with Internet connection;
• A current web browser with cookies enabled;
• A valid email address on file in your account;
• Ability to store or print the Communications; and
We reserve the right to change these System Requirements and will provide you with a Communication when we make a material change to the System Requirements.
Receiving Texts and emails. You must make sure that the primary mobile phone number and/or email address you give us are both current and valid, that you can receive texts or email messages containing communications with attached electronic documents at that address, and that such communications, including any attached documents, are accessible to you for viewing, saving, or printing. If your email address changes, you promise to promptly update your account by doing so. You accept that the accuracy of your mobile phone number and email address in our systems is necessary for us to inform you when your Communications are available. You recognize and acknowledge that in the event that we send you a communication and you are unable to receive it due to incorrect or blocked contact information you provided, or in the event that the communication is otherwise not available to you, we will consider that communication to have been delivered to you. However, we reserve the right to determine that your account is inactive or to take other actions as specified in this Agreement if your mobile phone number or email address is no longer valid. Until you update your account’s mobile phone number or email address, you won’t be able to make any purchases.
Reservation of Rights. The Service does not permit the delivery of Communications in paper format or by any other non-electronic means. Nevertheless, we reserve the right to provide any Communication to you in writing as opposed to electronically. You promise to keep your current street address on file with us and to promptly update your account if your address changes. Although we reserve the right to charge a fee for communication requests and the right to increase this cost at our discretion, we may choose to waive our fee for delivery of paper communications.
Print Disclosures. We advise you to print a copy of this Agreement and any electronic communications you view for your records as they might not be available online in the future.
Your Consent. By adopting our sign up flow’s “Next”, “Send Voucher”, “Sign Up”, or “Join Now” buttons as your electronic signature, you consent to the following: (i) our use of electronic communications to communicate with you in accordance with the terms and conditions of this Agreement; (ii) the duration of the consent; and (iii) your compliance with the aforementioned system requirements. You will not be able to open an account with us to use our service if you do not want to receive Communications electronically.
General. You acknowledge and accept that we are responsible for sending the Communications to the email or mobile number listed in your Account profile or when using the Service to send them to you electronically. With the exception of your right to revoke your agreement to receive communications electronically, we are not liable for any failure or delay in the receipt of email or text notices or whether you decide to see the communication or not. - MISCELLANEOUS
i. External links and material on websites. Any external links on our website to third-party websites or third-party content are offered for your convenience only and do not imply that Hungrykid, Inc. approves of them. We have no control over these websites and are not liable for their correctness, comprehensiveness, legality, or any other feature of such websites, including any content that may be found there. Such websites are visited at the user’s own risk.
ii. Entire Agreement. The Agreement constitutes the entire agreement between you and Hungrykid, Inc. and governs your use of the Service, superseding any prior agreements between you and Hungrykid, Inc.
iii. No Waiver. A right or provision of the Agreement shall not be deemed waived by Hungrykid, Inc.’s inaction or inability to enforce such right or provision. The parties agree that regardless of any provision of the Agreement being deemed invalid by an arbitrator or court of competent jurisdiction, the other provisions of the Agreement shall remain in full force and effect, and the arbitrator or court shall attempt to give appropriately valid effect to the intention of the Agreement as reflected in the provision.
iv. Force Majeure. To the extent that a failure or delay in the execution of the Service is brought about by events outside of our reasonable control, such as, but not limited to: legal changes that are relevant; closing down or being unable to access necessary physical and network infrastructure, as well as civil unrest, war, an earthquake, a fire, a flood, or other natural disasters, as well as sovereign default, power outages, and internet blackouts.
v. Modification. Except as may be required by law, we may alter this Agreement from time to time without providing you with prior notice. By visiting this website, you can check the most recent version of the Agreement at any time. If you disagree with any modification or alteration, you may stop using the Service. You will be deemed to have accepted such amendment or modification if you continue to use the Service after its effective date. You acknowledge that any attempts by you to amend this Agreement will be null and invalid, and you agree that you shall not modify this Agreement.
vi. Other Terms. Other terms that apply to other promotions, our referral program, and other terms that apply to you based on your usage of the Service may be added to this Agreement. By reference, these conditions are included in this Agreement. If any of these provisions are found to contradict with this Agreement, this Agreement will take precedence. - SECURITY
Hungrykid, Inc. places a high priority on your security, and we take a number of security precautions to safeguard your information. Before transferring the Voucher to someone you don’t know well, we implore you to consider it over carefully. Deals or offers in particular that look too good to be true should be avoided. Please get in touch with us very once by phone at 832-705-2188 if you believe you have been or might have been a victim of fraud.
Please inform Info@hungrykid.com if you are aware of anyone or anything using the Service improperly. Please forward any phony (phishing) emails that you might get from Hungrykid, Inc. to Info@hungrykid.com. - LANGUAGE
Translations into other languages may be made available in addition to the English version of this Agreement. In the event of a discrepancy between the English and translated versions of the Agreement in any dispute relating to this Agreement, you agree that the English version of the Agreement shall govern. - CONTACT INFORMATION
Questions, notifications, and requests for refunds or further information can be sent to Hungrykid, Inc., as follows: by telephone at 832-705-2188; or by email at Info@hungrykid.com; or by mail at Hungrykid, Inc. Inc., attn: Customer Service, 11807 Westheimer Rd STE 550 # 326 Houston TX 77077.