1.1. USER OR CUSTOMER
Curiara Financial Services INC (hereinafter, «Curiara») is the technology provider and owner of the Platform and the website www.curiara.com/america; with the address for these purposes at 8504 NW 66 St. Miami Florida 33166 USA.
Curiara is the payment service provider and provides the remittance service as MSB, authorized by state of Florida under license number FT230000281.
Curiara guarantees that the funds received for the execution of money remittance transactions are safeguarded in a bank account separate from its own funds within a credit institution.
2. DESCRIPTION OF THE SERVICE
This Platform is made available to the Users so that they can send money to Venezuela in a quick, simple, and transparent way.
Sending money consists of receiving funds from an originator without creating any payment account in the name of the originator or beneficiary, for the sole purpose of transferring an equivalent amount to a beneficiary or other payment service provider acting on behalf of the beneficiary or receiving funds on behalf of the beneficiary and making them available to the beneficiary.
– Country of origin: the country from which the client wishes to convert money to pay in another country (United States of America);
– Destination country: the country where the client’s money will be paid (Venezuela);
– Currency of origin: the currency agreed upon for the delivery of the money in the country of origin (US Dollars);
– Destination currency: the currency agreed upon for the payment of the client’s money in the destination country (Bolivars);
– Exchange rate: exchange rate agreed and accepted by the customer to calculate the currency exchange. The exchange rates applicable at any time to the sending of money are shown on the Platform and on the website;
– Originator: a person who issues an order to send money;
– Beneficiary: the person who is the intended recipient of the funds that have been the subject of a money remittance transaction;
– Order: an action, initiated via the internet or a device that can be used for remote communication, by the originator or, consisting of transferring funds, irrespective of any underlying obligations between the originator and the beneficiary.
– Business day: is any day except any Saturday, any Sunday, any day which is a federal legal holiday in the United States, any day on which banking institutions in the State of Florida are authorized or required by law or other governmental action to close, or any day on which banking institutions in Venezuela are authorized or required by law or other governmental action to close.
The following is an explanation of how the Platform works and the steps to follow to send money to Venezuela.
The User must register on the Platform following the indicated link at www.curiara.com/america/america, providing for this purpose the information required in the mandatory fields of the system.
The User will be responsible for providing truthful and lawful information.
The User will then be able to access his/her personal area where their will be asked to fill in additional data required to comply with KYC (Know Your Customer), the mandatory process of identifying and verifying the client’s identity to be able to provide remittance services.
The User must also upload a valid ID and proof of address to their profile on the Platform.
Once the documents are received, together with the information provided, they will be reviewed, and checked against PEP and sanctions lists. The User’s registration will be approved if both documents and information comply with Curiara’s AML policies.
Additional documentation may be requested at any time and any suspect documentation or information may result in permanently blocking a User’s profile.
4.2. PERSONAL AREA
Once registered, the User will have access to his personal area which allows him to add beneficiaries and place orders.
Through the personal area, the User will be able to view all placed orders and their status. They can also receive and send communications concerning the operation or possible incidents.
To access the personal area, the User’s authentication will be required.
4.3. MONEY REMITTANCE
4.3.1. New Order
To initiate a money transfer order, the User must access his/her personal area of the Platform and select the option «New Order», where they must enter the details of the order (country of destination, details of the beneficiary, including the identity document, relationship with the beneficiary, and amount of the transfer). The payment method to deliver the funds to the beneficiary is always bank transfer.
At this point you will be able to see the details of the operation: commissions, currency exchange rate applied, the final amount that the beneficiary will receive in his or her local currency, etc.
If the User is satisfied with the details of the operation, their must give his/her consent and access the «Payment Phase» (in which the User delivers the funds associated with the order).
A transaction identification code will be generated, which will allow the User to track the transaction.
4.3.2. Payment Phase
In this phase, the User is requested to make a wire or ACH transfer or an account owned by him or pay using a debit card.
In the first payment made by the User through the Platform, the funds must proceed from an American Bank and an account in the name of the User.
The payment of subsequent transactions can be made by debit card, ACH or wire bank transfer or any additional payment methods that Curiara may make available on the Platform
4.3.3. Confirmation of acceptance and receipt of the order
Money transfer orders issued by the User on the Platform shall be considered authorized by the payer when the payer has given consent for its execution, which will occur at the time the User accepts through the process of enhanced authentication, after completing the process of issuing the money transfer order.
4.3.4. Irrevocability and Rejection of an order
Unless otherwise agreed, the User may not revoke a money transfer order after the payment instructions for the beneficiary have been issued by Curiara.
Curiara may refuse to execute a payment order, notifying the User of such refusal, the reasons for the refusal and the procedure to rectify any possible factual errors that may have caused the refusal.
In case of refusal to execute a money remittance order, the funds will be returned to the User in the same form in which they were delivered, unless such a refund cannot be made by law.
4.3.5. Maximum term of execution of the operation
The amount of the transaction will be paid to the beneficiary as soon as possible after receipt of the funds for the order. The availability of the funds to the beneficiary will depend on the correspondent banks that may be involved in the execution of the payment.
4.3.6. Proof of the transaction
– Reference of the operation
– Amount of the payment operation in the currency used
– Total amount corresponding to the commissions and expenses of the operation, duly itemized
– Exchange rate used in the transaction
– Date of receipt of the payment order
– Identification of the Sender and Beneficiary
5. EXPENSES, APPLICABLE COMMISSIONS AND EXCHANGE RATES
The registration and use of the Platform does not entail any cost for the User. However, the use of the services is subject to specific costs.
The exchange rates applicable, if any, to the currency conversion implicit in the single payment order, and the maximum commissions applicable at any time to the transaction and its expenses will be displayed on the website and on the Platform.
The User shall pay the chargeable expenses and commissions applicable to the transaction in question.
The beneficiary of a payment order will be paid the net amount stated in the single payment order delivered, after deducting, where appropriate, all those expenses and taxes that were applicable to the transaction in the country of destination.
The User may be charged the costs incurred by the revocation of payment orders and those arising from the recovery of funds for payment transactions with incorrect payee identifier.
According to the regulations of the Venezuelan Central Bank, all money order transfers will be paid in VEF at the exchange rate available on the day the recipient withdraws the money.
When a payment order is executed in accordance with the instructions received from the User and contained in the single order, it shall be considered correctly executed in relation to the specified beneficiary. Therefore, if any of the data provided by the User is incorrect, Curiara shall not be liable for the non-execution or defective execution of the payment transaction.
6.1. Unauthorized Transactions
In the event that an unauthorized transaction is executed, the amount of the unauthorized transaction shall be refunded to the User immediately and, in any event, no later than the end of the business day following the day on which the transaction was observed or notified, except when there are reasonable grounds to suspect the existence of fraud and appropriate authorities are notified in writing of such an event.
If applicable, the payment account to which the debit has been made shall be restored to the state in which it would have been had the unauthorized transaction not been carried out.
6.2. Transactions not executed or executed incorrectly
The User shall obtain rectification of any unauthorized or incorrectly executed payment transaction only if their notifies us without undue delay, as soon as their becomes aware of it and in any case within a maximum period of thirteen months from the date of debiting.
We shall not be liable for transactions not executed or executed incorrectly due to the User’s fault.
A transaction shall be deemed to have been executed correctly if it is demonstrated that the transaction has been executed in accordance with the information provided by the User.
6.3. Exclusion of liability
No liability shall be assumed for damages due to unusual and unforeseeable events over which we have no control and the consequences of which, despite exercising due diligence, cannot be avoided (caused, for example, by events beyond our control, failure of telecommunication lines, civil unrest, war or other events).
7. TECHNICAL AND SECURITY REQUIREMENTS
The Platform is available on the Internet at the website www.curiara.com/america. The security of communications between the Platform and the Users is ensured by the use of SSL/TSL certificate which encrypts the flow of information and allows it to travel securely over the network.
It is the User’s responsibility to keep his/her registration data (e.g. user names, passwords) properly secured and to prevent them from being accessible to unauthorized third parties.
8. INTELLECTUAL PROPERTY
Curiara, by itself or as an assignee, owns all intellectual and industrial property rights of its Platform and website, as well as the elements contained therein (including, but not limited to, images, sound, audio, video, software or texts; trademarks or logos, color combinations, structure and design, selection of materials used, computer programs necessary for its operation, access and use, etc.), owned by Curiara or its licensors.
All rights reserved. Reproduction, distribution and public communication, including its mode of making available, all or part of the contents of this website, for commercial purposes, in any medium and by any technical means, is prohibited, without the written authorization of Curiara.
The User undertakes to respect the intellectual and industrial property rights owned by Curiara. You may view the elements of the website and the Platform and even print, copy and store them on the hard drive of your computer or any other physical medium provided it is solely and exclusively for your personal and private use. The User shall refrain from deleting, altering, evading or manipulating any protection device or security system that was installed on the website and the Platform.
9. DISCLAIMER OF WARRANTIES AND USER LIABILITY
Curiara is not responsible, in any case, for damages of any kind that may cause, but not limited to: errors or omissions in the content, lack of availability of the portal or the transmission of viruses or malicious or harmful programs in the content, despite having taken all the necessary technological measures to prevent it.
The User will be solely responsible before third parties, for any communication sent personally or in his name to the web, as well as for the illegitimate use of the contents and services in the same one.
In turn, the User agrees to make appropriate use of the content and services that Curiara offers through the Platform and by way of example but not limited to, not to use them to (i) engage in illegal activities, illegal or contrary to good faith and public order; (ii) cause damage to the physical and logical systems of Curiara, its suppliers or third parties, introduce or spread computer viruses or any other physical or logical systems that are likely to cause damage; (iii) attempt to access and, where appropriate, use the email accounts of other Users.
Under no circumstances does Curiara assume responsibility for the contents of links belonging to external websites, nor does it guarantee the technical availability, quality, reliability, accuracy, comprehensiveness, truthfulness and validity of any material or information contained in any such hyperlinks or third party sites. Likewise, the inclusion of these external links does not imply any type of association, merger or participation with the connected entities.
Notwithstanding the foregoing, some links will be previously negotiated or agreed with the person responsible for the linked content, so as to generate a consideration for the actions freely performed by the User. This situation shall in no case affect the exclusion of liability for the linked content or the independence of this media.
11. PREVENTION OF MONEY LAUNDERING AND TERRORIST FINANCING
When the User registers on the Platform and subsequently performs a transaction, the necessary data for the management of the money order transfer service and the personal information and documentation of the users that is necessary for the correct identification and knowledge of these, i.e. the so-called due diligence measures, such as: formal identification, real ownership, activity and origin of funds, etc., is requested and extensively reviewed by Curiara.
If Curiara becomes aware or suspicious of any fact or operation that may be related to money laundering or terrorist financing, it shall file Suspicious Activity Reports (SAR).
Curiara will keep customer documents for the periods stipulated in the regulations on the prevention of money laundering and terrorist financing,
12. CUSTOMER SERVICE AND COMPLAINTS
Should the User have any queries or complaints about the services provided by Curiara, they may send an e-mail to the following address:
The Customer Service Department will resolve the complaints and claims submitted within 15 working days of their submission. In exceptional situations, if a reply cannot be provided within 15 working days for reasons beyond our control, an interim reply will be sent, clearly stating the reason for the delay in the reply and specifying the period within which the customer will receive the final reply. In any case, the deadline for receipt of the final reply shall not exceed one month.
13. DATA PROTECTION
Curiara will be responsible for the processing of personal data collected through the Platform itself, either in the registration process or during the use of the Platform/website, with the purpose of managing the registration and the relationship with the User on the Platform; manage, update and maintain the Platform and; prior explicit consent of the User, the perform commercial actions.
Curiara will be considered responsible for the processing of personal data collected through the Platform in order to manage the money order transfer service.
Curiara will only keep the data for the necessary period, for the duration of the relationship with the User and in accordance with the applicable legislation. In turn, Curiara will only process data when one of the following conditions is met:
– The User gave his consent to the processing of his personal data.
– The processing is necessary for the performance of a contract.
– The processing is necessary for the fulfilment of a legal obligation.
– The processing is necessary to satisfy the legitimate interests of Curiara.
On the other hand, Curiara informs the User that the collection and registration of certain data (marked with an asterisk [*]) is necessary, as failure to provide this data may prevent Curiara from providing the services requested.
Users’ personal data may be assigned and/or transferred to third countries for the purposes indicated above. In such cases, the personal data will continue to enjoy a high level of protection.
Users may withdraw their consent, at any time, as well as, exercise their rights of access, rectification, deletion, limitation of processing, portability and opposition to the processing of their data, by sending an email to the following addresses:
In the event of rectification or deletion of the data requested by the owner, Curiara will proceed to block the data, adopting technical and organizational measures to prevent its processing, except when required by judges and courts.
Curiara will respond to the request and inform the User of the measures taken within one month of receipt. This period may be extended by a maximum of two additional months if necessary, taking into account the complexity and number of requests.
Curiara will inform the User of any such extension within one month of receipt of the request and will respond to requests through the same channel used by the User, unless the User provides otherwise.
14. LANGUAGE AND COMMUNICATIONS
15. CHANGES TO THE WEBSITE
Curiara reserves the right to make any modifications it deems appropriate to its website and/or Platform, and may change, delete or add content and services provided through the same, as well as the way in which they are presented or located on the website.
16. APPLICABLE LAW AND JURISDICTION