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In the event there is any inconsistency between the English version of the westernunion.com website and the Spanish version, the English version shall be binding.
The Western Union Money Transfer Service
Online Money Transfer Service
THE WESTERN UNION MONEY TRANSFER® - MONEY TRANSFER SERVICE (OTHER THAN TO MEXICO) IS SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS:
Note: The Terms and Conditions ("Terms and Conditions") below are in effect for all westernunion.com transactions on or after 28th of August, 2006. The Terms and Conditions set forth below describe the terms and conditions that apply to and govern Your access to and use of the Western Union website and Services (as defined below). Do not use or access the Western Union website or Services if You do not agree to be bound by such Terms and Conditions. A Western Union Money Transfer® consumer that is located in the U.S. (the "Sender") may send a money transfer to be picked up by a designated recipient (the "Receiver") at a Western Union Agent location around the world (other than Mexico) through the westernunion.com website (the "Service(s)") using a U.S. issued Visa® or MasterCard® credit card or debit card issued by or through a financial institution located in the U.S. ("bank card"). "You" or "Your" may be used to refer to the Sender and/or the Receiver depending on the context in which it is used. Money transfers will normally be paid to the Receiver in cash, check or a combination thereof, or in select U.S. Agent locations, with a Western Union® payout card (which permits the Receiver to withdraw money from select ATMs) subject to currency availability and the conditions applicable to the selected payment location. Money transfers are usually available for pick up by the Receiver promptly after validation of Your information which may take up to 24 hours, on a "Will Call" basis, at Western Union Agent locations in the destination country (subject to the hours of operation that the Agent location offers the Service). Certain money transfer services, transfers that exceed certain principal amounts, and/or transfers to certain destinations may take longer or be subject to additional restrictions. Receivers receiving funds in the form of a check or payout card may incur additional fees to access their funds. The Receiver must present a valid form of identification in accordance with Western Union policies. Sender and Receiver represent, warrant and certify to Western Union that its and their use of the Services shall not in any way, directly or indirectly, (a) violate any law, statute, ordinance, contract or regulation, including but not limited to any law, statute, ordinance, contract or regulation relating to money laundering, illegal gambling activities, support for terrorist activities, fraud or theft, and/or (b) violate any of the Terms and Conditions of use. When required by applicable law, money transfers will be reported to federal, state, local or foreign authorities. In addition, Western Union will cooperate with law enforcement in the prosecution of illegal activities to the fullest extent permitted by applicable law. You will be required to provide Western Union with certain information to allow Western Union, among other things: to verify Your identity; to receive appropriate bank card authorization; and to complete the transaction. Western Union is not an escrow service provider and You agree that You will not use Western Union Services for escrow purposes. You agree that the information You provide is not false, inaccurate or misleading. Please contact Western Union at the customer service telephone number listed below to obtain information regarding the conditions applicable to the Service You have selected or Your expected payment location. Please refer to Western Union's Online Privacy Statement for information concerning Western Union's use of this information. It is important to carefully review the information concerning REFUNDS and CURRENCY EXCHANGE. Western Union may amend these Terms and Conditions at any time by posting the amended terms on the Western Union website, and all amended terms shall be effective immediately after they are posted to the website.
Fees, Payment and Currency Exchange
FEES, PAYMENT AND CURRENCY EXCHANGE.
Fees. In consideration for the use of the Service, You agree to pay to Western Union a fee for each money transfer initiated by You at the applicable rate then in effect (the "transfer fee"). The applicable transfer fee for Your transaction will be provided to You prior to Your final authorization of the transaction, in addition to any applicable fees for additional services.
CURRENCY EXCHANGE. IN ADDITION TO THE TRANSFER FEE, WESTERN UNION ALSO MAKES MONEY WHEN IT CHANGES YOUR DOLLARS INTO FOREIGN CURRENCY. Payments will generally be in local currency (except that in certain countries payment may be in U.S. dollars or other alternate currency at participating locations). In addition to the transfer fees applicable to this transaction, a currency exchange rate will be applied. United States currency is converted to foreign currency at an exchange rate set by Western Union. Any difference between the rate given to Customers and the rate received by Western Union will be kept by Western Union (and its Agents in some cases) in addition to the transfer fees. Please ask a customer service representative for information concerning the currency exchange rate applicable to your transaction. You may also find out the current foreign exchange rate provided by Western Union to its customers by calling toll-free to 1-800-325-6000. The transfer fees and the money that Western Union (or its Agents) makes when it changes your dollars into foreign currency may vary based on the payout currency that you select. Some Western Union Agents may offer Receivers the choice to receive funds in a currency different from the one you selected. In such instances, Western Union (or its Agents) may make additional money when it changes your funds into the currency selected by the Receiver. If you choose a payout currency different from the national currency of the country to which you are sending money, the payout currency you choose may not be available at all Western Union Agent locations in that country, or may not be available in small enough denominations to pay all of your money transfer. In such cases, the paying Agent may pay all or part of your transfer in the national currency. Payment. Transfer fees and the principal amount are due and payable before Western Union processes the transaction. You must pay for the Service by bank card. If Western Union does not receive authorization from the bank card issuer, the transaction will not be processed and funds will not be transmitted to the Receiver. Each time You use the Service You agree that Western Union is authorized to charge Your designated bank card account for the principal amount, the transfer fee and any other applicable fees. (Your agreement with Your bank card issuer governs use of Your bank card, and You must refer to that agreement to ascertain Your rights and liabilities as a cardholder, which may include a "cash advance" fee.)
Refunds
REFUNDS.
REFUNDS OF PRINCIPAL AMOUNT and cancellation of the money transfer will be made upon written request of the Sender if payment to the Receiver has not yet been made at the time the request is processed by Western Union. REFUNDS OF TRANSFER FEES will be made upon written request of the Sender if the money transfer is not available to the Receiver within the time specified by Western Union for the selected service, subject to the hours of operation that the Service is offered at the Agent location selected by the Receiver for payment and other special conditions. Refunds will be made within 45 days of receipt of a valid written request from the Sender.
Right to Refund
RIGHT TO REFUND (CALIFORNIA).
The following provision applies only to money transfers originating in California for transmission to foreign countries:
"You, the customer, are entitled to a refund of the money to be transmitted as the result of this agreement if Western Union does not forward the money received from you within 10 days of the date of its receipt, or does not give instructions committing an equivalent amount of money 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 moneys shall be forwarded or transmitted are not complied with and the money has not yet been forwarded or transmitted you have a right to a refund of your money. If you want a refund, you must mail or deliver your written request to Western Union Financial Services, Inc. at P.O. Box 4430, Bridgeton, MO 63044. If you do not receive your refund, you may be entitled to your money back plus a penalty of up to $1,000 and attorney's fees pursuant to Section 1810.5 of the California Financial Code."
Special Services
SPECIAL SERVICES (Not available with all Western Union Services).
Generally, TEST QUESTIONS may be used if the principal amount of the money transfer does not exceed $999.99. In the U.S. and many destinations outside the U.S., a money transfer that includes a Test Question will be paid to the Receiver if the Receiver can provide the correct answer to the Test Question OR can provide valid identification. For certain destinations outside the U.S., a Test Question is required to be provided for some or all money transfers to that destination, and in those destinations, the Receiver may be required to provide either proper identification or the correct answer to the Test Question, or both, to receive payment. Please contact Western Union at the customer service telephone number listed below for current information regarding the availability of Test Questions for Your selected destination. TELEPHONE NOTIFICATION to the Receiver that the money transfer is available for pick up is offered for an additional fee in the U.S. and certain destinations outside the U.S. MESSENGER DELIVERY of a money transfer check is available to select destinations outside the U.S. for an additional fee (not available in the U.S.). SUPPLEMENTAL MESSAGES may be included, for an additional fee, with money transfers sent within the U.S. and most money transfers sent from the U.S. to a destination outside the U.S. (except money transfers to Mexico).
Administration Charge
ADMINISTRATION CHARGE.
If a money transfer is not picked up by the Receiver or is not canceled by the Sender prior to pick up within one (1) year of the date it was sent, there will be a non-refundable administration charge where permitted by law. The administration charge will be deducted from the principal amount of the money transfer. The administration charge is fifty (50) cents per month from the date the money transfer was sent, but not more than forty-two (42) dollars (or where such charge exceeds the maximum amount permitted by law, the maximum amount permitted by law).
Resolution of Disputes
RESOLUTION OF DISPUTES.
The following "Resolution of Disputes" provision applies to Western Union money transfer transactions originating outside California. Any dispute or claim arising from or relating to the Service and/or the Terms and Conditions, including any dispute or claim regarding the applicability of this provision, shall be settled by binding arbitration administered by the National Arbitration Forum ("NAF") under its Code of Procedure in effect at the time the claim is filed, with such arbitration to be held in the most populous city in the state from which the money transfer was sent, or in such other location as the parties may mutually agree. Each party shall bear its own attorney's, expert's and witness fees, which shall not be considered costs of arbitration. Judgment on any award rendered by the arbitrator may be entered in and enforced by any court having jurisdiction thereof. The parties agree that neither of them shall have the right to participate as a member of any class of claimants pertaining to any claim subject to arbitration under this paragraph and that claims of third parties shall not be joined in any arbitration between the parties. Information may be obtained and claims may be filed at any office of the National Arbitration Forum, www.arbitration-forum.com, or at P.O. Box 50191, Minneapolis, MN 55405. The parties acknowledge and agree that this arbitration agreement is made pursuant to a transaction involving interstate commerce and shall be governed by the Federal Arbitration Act, 9 U.S.C.§1-16. If any portion of this paragraph is deemed invalid or unenforceable, it shall not invalidate the remaining portions of this paragraph. THE PARTIES ACKNOWLEDGE AND AGREE THAT, EXCEPT AS EXPRESSLY PROVIDED IN THIS PARAGRAPH, THEY ARE WAIVING ALL RIGHTS TO A TRIAL BY COURT OR JURY AS A MEANS OF RESOLVING ANY DISPUTES ARISING OUT OF OR RELATING TO THIS MONEY TRANSFER.
THE FOREGOING PROVISION DOES NOT APPLY TO WESTERN UNION MONEY TRANSFER TRANSACTIONS ORIGINATING IN CALIFORNIA
Limitation of Liability
LIMITATION OF LIABILITY.
IN NO EVENT SHALL WESTERN UNION BE LIABLE FOR DAMAGES FOR DELAY, NONDELIVERY, NONPAYMENT OR UNDERPAYMENT OF ANY MONEY TRANSFER, OR ANY SUPPLEMENTAL MESSAGE, WHETHER CAUSED BY NEGLIGENCE ON THE PART OF ITS EMPLOYEES, SUPPLIERS OR AGENTS OR OTHERWISE, BEYOND THE SUM OF $500 (in addition to refunding the principal amount of the money transfer and the transfer fees), UNLESS THE SENDER HAS OBTAINED A HIGHER LIABILITY LIMIT BY CALLING THE TELEPHONE NUMBER SET OUT AT THE BOTTOM OF THESE TERMS AND CONDITIONS AND PAYING AN ADDITIONAL CHARGE THEREFOR. IN NO EVENT WILL WESTERN UNION BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL EXEMPLARY OR PUNITIVE DAMAGES, OR THE LIKE. THESE CONDITIONS CANNOT BE CHANGED OR SUPPLEMENTED ORALLY.
Western Union reserves the right to limit the principal amount of a money transfer, or to reject a proposed money transfer, in its sole discretion. Western Union assumes no obligation to make payment of the money transfer or to complete the applicable money transfer transaction if Western Union does not receive authorization from the bank card issuer, nor does Western Union assume any liability for damages resulting from nonpayment of the money transfer or any failure to complete any applicable Service transaction by reason of such lack of authorization. Western Union is not affiliated with or responsible for goods and/or services provided by merchants and paid for through its Services. Western Union reserves the right to refuse to provide the Services to You, at any time, for any reason deemed necessary to protect Western Union's interests.
Indemnity
INDEMNITY.
You agree to indemnify, defend and hold harmless Western Union, and all its officers, directors, owners, agents, employees, affiliates, licensors, licensees and third party service providers (collectively, the "Indemnified Parties") from and against any and all losses, damages, liabilities, and claims and all fees, costs, expenses of any kind related thereto (including, without limitation, reasonable attorneys fees) incurred by the Indemnified Parties in connection with any claim arising out of, based upon or resulting from (i) Your access to and/or use of the Western Union website or Services including, without limitation, the money transfer services; and/or (ii) Your violation of the Terms and Conditions. Western Union reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by You . You shall not in any event settle any matter without the written consent of Western Union.
Electronic Delivery of Future Disclosures
ELECTRONIC DELIVERY OF FUTURE DISCLOSURES.
You agree to accept all subsequent disclosures (including, without limitation, disclosures required under federal or state laws relating to privacy or electronic fund transfers) and other communications between You and Western Union on this website or at the primary email address You provided during registration. You may print and retain a copy of all such disclosures and communications by using Your personal computer and printer. In the event that Your primary email address changes, You must notify Western Union. You may revoke Your consent at any time by contacting customer service.
Intellectual Property
INTELLECTUAL PROPERTY.
The Western Union website, the Service, the content, and all intellectual property pertaining thereto and contained therein (including but not limited to authors, patents, database rights, trademarks and service marks) are owned by Western Union or third parties, and all right, title and interest therein and thereto shall remain the property of Western Union and/or such other third parties. The Western Union website and Service may be used only for the purpose permitted by these Terms and Conditions. You are authorized solely to view and retain a copy of the pages of the Western Union website for Your own personal, non-commercial use. You agree that you may not duplicate, publish, modify, create derivative works from, participate in the transfer of, post on the World Wide Web, or in any way distribute or exploit the Western Union website, the Service or any portion thereof for any public or commercial use without the express written consent of Western Union. You further agree not to: (i) use any robot, spider, scraper or other automated device to access the Western Union website and/or Service; and (ii) remove or alter any author, trademark or other proprietary notice or legend displayed on the Western Union website (or printed pages thereof). The name Western Union and other names and indicia of ownership of Western Union's Service are the exclusive marks of Western Union or other third parties. Other product, service and company names appearing on the website may be trademarks of their respective owners.
Links to Other Sites
LINKS TO OTHER SITES.
The Western Union website may contain links and pointers to other World Wide Web Internet sites and resources (the "Linked Sites"). Links to any Linked Site do not constitute an endorsement by or association with Western Union or any of its affiliates to any third party resources or their contents. Links do not imply that Western Union is affiliated or associated with or is legally authorized to use any trademark, trade name, logo or author symbol displayed in or accessible through the links, or that any Linked Sites are authorized to use any trademark, trade name, logo or author symbol of Western Union or any of its affiliates. You should direct any concerns regarding any Linked Site to such Linked Site's site administrator or webmaster. Western Union does not represent or endorse the accuracy or reliability of , and expressly disclaims, any advice, opinion, statement, or other information displayed or distributed through any Linked Site. You agree that reliance upon any opinion, advice, or information displayed on or otherwise available through any Linked Site shall be at your sole risk.
Miscellaneous
MISCELLANEOUS.
These Terms and Conditions, together with all other items incorporated herein by reference, embody the entire agreement and understanding between You and Western Union and supercede all prior agreements or understandings You have with Western Union. Western Union has the right to assign these Terms and Conditions to a subsidiary or affiliate company, or any third party, at any time without Your consent. You may not assign or transfer these Terms and Conditions without Western Union's prior written consent. If any one or more of these Terms and Conditions shall for any reason be held to be invalid, illegal or unenforceable, the remaining provisions shall remain valid and enforceable. Your access to and use of the Western Union website and Service is governed by Colorado law, without regard to its rules regarding conflicts of law. The Western Union website and Service are directed to persons age 18 and over residing in the United States. The Western Union website and Service are not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation. In the event that there is any inconsistency between the English version of the westernunion.com website and the Spanish version, the English version shall be binding.
For consumer inquiries or comments in English, please write to: WESTERN UNION FINANCIAL SERVICES, INC., P.O. Box 4430, Bridgeton, Missouri 63044 For consumer inquiries or comments in Spanish, please write to: WESTERN UNION FINANCIAL SERVICES, INC., P.O. Box 130780, Dallas, Texas 75313 FOR TELEPHONE CUSTOMER SERVICE, PLEASE CALL: 1-800-325-6000 (English) OR 1-800-325-4045 (Spanish)
Online Money Transfer Service - To Mexico
THE WESTERN UNION MONEY TRANSFER SERVICE TO MEXICO IS SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS:
Note: The Terms and Conditions ("Terms and Conditions") below are in effect for all westernunion.com transactions on or after 28th of August, 2006. The Terms and Conditions set forth below describe the terms and conditions that apply to and govern Your access to and use of the Western Union website and Services (as defined below). Do not use or access the Western Union website or Services if You do not agree to be bound by such Terms and Conditions. THE WESTERN UNION MONEY TRANSFER SERVICE TO MEXICO. A Western Union Money Transfer® consumer that is located in the U.S. (the "Sender") may send a money transfer to be picked up by a designated recipient (the "Receiver") at a Western Union Agent location in Mexico through the westernunion.com website using the Dinero En Minutos® service (the "Service") using a U.S. issued Visa® or MasterCard® credit card or debit card issued by or through a financial institution located in the U.S. ("bank card"). "You" or "Your" may be used to refer to the Sender and/or the Receiver depending on the context in which it is used. Dinero en Minutos money transfers to Mexico will normally be paid to the Receiver in cash, check or a combination thereof, subject to currency availability and the conditions applicable to the selected payment location. Dinero en Minutos money transfers are usually available for pick up by the Receiver promptly after validation of Your information which may take up to 24 hours, on a "Will Call" basis, at any Western Union Dinero en Minutos Agent location in Mexico (subject to the hours of operation that the Agent location offers the Service). Dinero en Minutos money transfers that exceed certain principal amounts, and/or implicate certain regulatory issues may take longer or be subject to additional restrictions. The Receiver must present a valid form of identification in accordance with Western Union policies. Sender and Receiver represent, warrant and certify to Western Union that its and their use of the Services shall not in any way, directly or indirectly, (a) violate any law, statute, ordinance, contract or regulation, including but not limited to any law, statute, ordinance, contract or regulation relating to money laundering, illegal gambling activities, support for terrorist activities, fraud or theft, and/or (b) violate any of the Terms and Conditions of use. When required by applicable law, Dinero en Minutos money transfers will be reported to federal, state, local or foreign authorities. In addition, Western Union will cooperate with law enforcement in the prosecution of illegal activities to the fullest extent permitted by applicable law. You will be required to provide Western Union with certain information to allow Western Union, among other things: to verify Your identity; to receive appropriate bank card authorization; and to complete the transaction. Western Union is not an escrow service provider and You agree that You will not use Western Union Services for escrow purposes. You agree that the information You provide is not false, inaccurate or misleading. Please contact Western Union at the customer service telephone number listed below to obtain information regarding the conditions applicable to the Service You have selected or Your expected payment location. Please refer to Western Union's Online Privacy Statement for information concerning Western Union's use of this information. It is important to carefully review the information concerning REFUNDS and CURRENCY EXCHANGE. Western Union may amend these Terms and Conditions at any time by posting the amended terms on the Western Union website, and all amended terms shall be effective immediately after they are posted to the website.
Fees, Payment and Currency Exchange
FEES, PAYMENT AND CURRENCY EXCHANGE.
Fees. In consideration for the use of the Service, You agree to pay to Western Union a fee for each money transfer initiated by You at the applicable rate then in effect (the "transfer fee"). The applicable transfer fee for Your transaction will be provided to You prior to Your final authorization of the transaction, in addition to any applicable fees for additional services.
CURRENCY EXCHANGE. IN ADDITION TO THE TRANSFER FEE, WESTERN UNION ALSO MAKES MONEY WHEN IT CHANGES YOUR DOLLARS TO PESOS. All payments will be made in Mexican currency. In addition to the transfer fees applicable to this transaction, a currency exchange rate will be applied. United States currency is converted to Mexican currency at an exchange rate set by Western Union. Any difference between the rate given to customers and the rate received by Western Union will be kept by Western Union (and its Agents in some cases) in addition to the transfer fees. Please ask a customer service representative for information concerning the currency exchange rate applicable to your transaction. You may also find out the current foreign exchange rate provided by Western Union to its customers by calling toll-free to 1-800-325-6000. Payment. Transfer fees and the principal amount are due and payable before Western Union processes the transaction. You must pay for the Service by bank card. If Western Union does not receive authorization from the bank card issuer, the transaction will not be processed and funds will not be transmitted to the Receiver. Each time You use the Service You agree that Western Union is authorized to charge Your designated bank card account for the principal amount, the transfer fee and any other applicable fees. (Your agreement with Your bank card issuer governs use of Your bank card, and You must refer to that agreement to ascertain Your rights and liabilities as a cardholder, which may include a "cash advance" fee.)
Refunds
REFUNDS OF PRINCIPAL AMOUNT and cancellation of the money transfer will be made upon written request of the Sender if payment to the Receiver has not yet been made at the time the request is processed by Western Union. REFUNDS OF TRANSFER FEES will be made upon written request of the Sender if the money transfer is not available to the Receiver within the time specified by Western Union for the selected service, subject to the hours of operation that the Service is offered at the Agent location selected by the Receiver for payment and other special conditions. Refunds will be made within 45 days of receipt of a valid written request from the Sender.
Right to Refund (California)
RIGHT TO REFUND (CALIFORNIA).
The following provision applies only to money transfers originating in California for transmission to Mexico:
"You, the customer, are entitled to a refund of the money to be transmitted as the result of this agreement if Western Union does not forward the money received from you within 10 days of the date of its receipt, or does not give instructions committing an equivalent amount of money 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 moneys shall be forwarded or transmitted are not complied with and the money has not yet been forwarded or transmitted you have a right to a refund of your money. If you want a refund, you must mail or deliver your written request to Western Union Financial Services, Inc. at P.O. Box 4430, Bridgeton, MO 63044. If you do not receive your refund, you may be entitled to your money back plus a penalty of up to $1,000 and attorney's fees pursuant to Section 1810.5 of the California Financial Code."
Special Services
SUPPLEMENTAL MESSAGES may be included, for an additional fee.
Administration Charge
If a money transfer is not picked up by the Receiver or is not canceled by the Sender prior to pick up within one (1) year of the date it was sent, there will be a non-refundable administration charge where permitted by law. The administration charge will be deducted from the principal amount of the money transfer. The administration charge is fifty (50) cents per month from the date the money transfer was sent, but not more than forty-two (42) dollars (or where such charge exceeds the maximum amount permitted by law, the maximum amount permitted by law).
Resolution Of Disputes
The following "Resolution of Disputes" provision applies to Western Union money transfer transactions originating outside California. Any dispute or claim arising from or relating to the Service and/or the Terms and Conditions, including any dispute or claim regarding the applicability of this provision, shall be settled by binding arbitration administered by the National Arbitration Forum ("NAF") under its Code of Procedure in effect at the time the claim is filed, with such arbitration to be held in the most populous city in the state from which the money transfer was sent, or in such other location as the parties may mutually agree. Each party shall bear its own attorney's, expert's and witness fees, which shall not be considered costs of arbitration. Judgment on any award rendered by the arbitrator may be entered in and enforced by any court having jurisdiction thereof. The parties agree that neither of them shall have the right to participate as a member of any class of claimants pertaining to any claim subject to arbitration under this paragraph and that claims of third parties shall not be joined in any arbitration between the parties. Information may be obtained and claims may be filed at any office of the National Arbitration Forum, www.arbitration-forum.com, or at P.O. Box 50191, Minneapolis, MN 55405. The parties acknowledge and agree that this arbitration agreement is made pursuant to a transaction involving interstate commerce and shall be governed by the Federal Arbitration Act, 9 U.S.C.§1-16. If any portion of this paragraph is deemed invalid or unenforceable, it shall not invalidate the remaining portions of this paragraph. THE PARTIES ACKNOWLEDGE AND AGREE THAT, EXCEPT AS EXPRESSLY PROVIDED IN THIS PARAGRAPH, THEY ARE WAIVING ALL RIGHTS TO A TRIAL BY COURT OR JURY AS A MEANS OF RESOLVING ANY DISPUTES ARISING OUT OF OR RELATING TO THIS MONEY TRANSFER.
Limitation Of Liability
IN NO EVENT SHALL WESTERN UNION BE LIABLE FOR DAMAGES FOR DELAY, NONDELIVERY, NONPAYMENT OR UNDERPAYMENT OF ANY MONEY TRANSFER, OR ANY SUPPLEMENTAL MESSAGE, WHETHER CAUSED BY NEGLIGENCE ON THE PART OF ITS EMPLOYEES, SUPPLIERS OR AGENTS OR OTHERWISE, BEYOND THE SUM OF $500 (in addition to refunding the principal amount of the money transfer and the transfer fees), UNLESS THE SENDER HAS OBTAINED A HIGHER LIABILITY LIMIT BY CALLING THE TELEPHONE NUMBER SET OUT AT THE BOTTOM OF THESE TERMS AND CONDITIONS AND PAYING AN ADDITIONAL CHARGE THEREFOR. IN NO EVENT WILL WESTERN UNION BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL EXEMPLARY OR PUNITIVE DAMAGES, OR THE LIKE. THESE CONDITIONS CANNOT BE CHANGED OR SUPPLEMENTED ORALLY.
Western Union reserves the right to limit the principal amount of a money transfer, or to reject a proposed money transfer, in its sole discretion. Western Union assumes no obligation to make payment of the money transfer or to complete the applicable money transfer transaction if Western Union does not receive authorization from the bank card issuer, nor does Western Union assume any liability for damages resulting from nonpayment of the money transfer or any failure to complete any applicable Service transaction by reason of such lack of authorization. Western Union is not affiliated with or responsible for goods and/or services provided by merchants and paid for through its Services. Western Union reserves the right to refuse to provide the Services to You, at any time, for any reason deemed necessary to protect Western Union's interests.
Indemnity
You agree to indemnify, defend and hold harmless Western Union, and all its officers, directors, owners, agents, employees, affiliates, licensors, licensees and third party service providers (collectively, the "Indemnified Parties") from and against any and all losses, damages, liabilities, and claims and all fees, costs, expenses of any kind related thereto (including, without limitation, reasonable attorneys fees) incurred by the Indemnified Parties in connection with any claim arising out of, based upon or resulting from (i) Your access to and/or use of the Western Union website or Services including, without limitation, the money transfer services; and/or (ii) Your violation of the Terms and Conditions. Western Union reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by You . You shall not in any event settle any matter without the written consent of Western Union.
Electronic Delivery Of Future Disclosures
You agree to accept all subsequent disclosures (including, without limitation, disclosures required under federal or state laws relating to privacy or electronic fund transfers) and other communications between You and Western Union on this website or at the primary email address You provided during registration. You may print and retain a copy of all such disclosures and communications by using Your personal computer and printer. In the event that Your primary email address changes, You must notify Western Union. You may revoke Your consent at any time by contacting customer service.
Intellectual Property
The Western Union website, the Service, the content, and all intellectual property pertaining thereto and contained therein (including but not limited to authors, patents, database rights, trademarks and service marks) are owned by Western Union or third parties, and all right, title and interest therein and thereto shall remain the property of Western Union and/or such other third parties. The Western Union website and Service may be used only for the purpose permitted by these Terms and Conditions. You are authorized solely to view and retain a copy of the pages of the Western Union website for Your own personal, non-commercial use. You agree that you may not duplicate, publish, modify, create derivative works from, participate in the transfer of, post on the World Wide Web, or in any way distribute or exploit the Western Union website, the Service or any portion thereof for any public or commercial use without the express written consent of Western Union. You further agree not to: (i) use any robot, spider, scraper or other automated device to access the Western Union website and/or Service; and (ii) remove or alter any author, trademark or other proprietary notice or legend displayed on the Western Union website (or printed pages thereof). The name Western Union and other names and indicia of ownership of Western Union's Service are the exclusive marks of Western Union or other third parties. Other product, service and company names appearing on the website may be trademarks of their respective owners.
Links to Other Sites
The Western Union website may contain links and pointers to other World Wide Web Internet sites and resources (the "Linked Sites"). Links to any Linked Site do not constitute an endorsement by or association with Western Union or any of its affiliates to any third party resources or their contents. Links do not imply that Western Union is affiliated or associated with or is legally authorized to use any trademark, trade name, logo or author symbol displayed in or accessible through the links, or that any Linked Sites are authorized to use any trademark, trade name, logo or author symbol of Western Union or any of its affiliates. You should direct any concerns regarding any Linked Site to such Linked Site's site administrator or webmaster. Western Union does not represent or endorse the accuracy or reliability of , and expressly disclaims, any advice, opinion, statement, or other information displayed or distributed through any Linked Site. You agree that reliance upon any opinion, advice, or information displayed on or otherwise available through any Linked Site shall be at your sole risk.
Miscellaneous
MISCELLANEOUS.
These Terms and Conditions, together with all other items incorporated herein by reference, embody the entire agreement and understanding between You and Western Union and supercede all prior agreements or understandings You have with Western Union. Western Union has the right to assign these Terms and Conditions to a subsidiary or affiliate company, or any third party, at any time without Your consent. You may not assign or transfer these Terms and Conditions without Western Union's prior written consent. If any one or more of these Terms and Conditions shall for any reason be held to be invalid, illegal or unenforceable, the remaining provisions shall remain valid and enforceable. Your access to and use of the Western Union website and Service is governed by Colorado law, without regard to its rules regarding conflicts of law. The Western Union website and Service are directed to persons age 18 and over residing in the United States. The Western Union website and Service are not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation. In the event that there is any inconsistency between the English version of the westernunion.com website and the Spanish version, the English version shall be binding.
For consumer inquiries or comments, please write to: WESTERN UNION FINANCIAL SERVICES, INC., P.O. Box 130780, Dallas, Texas 75313 FOR TELEPHONE CUSTOMER SERVICE, PLEASE CALL: 1-800-325-6000 (English) OR 1-800-325-4045 (Spanish)
Western Union Money Transfer Service Economy Option Direct To Bank
THE WESTERN UNION MONEY TRANSFER SERVICE ECONOMY OPTION - DIRECT TO BANK IS SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS:
Note: The Terms and Conditions ("Terms and Conditions") below are in effect for all Western Union® Economy option money transfer transactions initiated through westernunion.com on or after 28th of August, 2006 ("Services"). The Terms and Conditions set forth below describe the terms and conditions that apply to and govern Your access to and use of the Western Union website and Services. Do not use or access the Western Union website or Services if You do not agree to be bound by such Terms and Conditions. THE WESTERN UNION MONEY TRANSFER SERVICE ECONOMY OPTION - DIRECT TO BANK. The Services allow a customer ("Customer") to credit the bank account of a designated recipient ("Receiver") using a U.S. issued Visa® or MasterCard® credit card or debit card issued by or through a financial institution located in the U.S. ("bank card"). "You" or "Your" may be used to refer to the Customer and/or the Receiver depending on the context in which it is used. Availability of Services depends on selected Services conditions including amount sent, destination, currency availability, regulatory issues, identification requirements, bank participation and bank hours of operation, including local and bank holidays, and bank rules concerning availability of funds (collectively, "Restrictions"). Services are available only to certain banks in certain countries. The funds may be transferred to intermediary banks or other financial institutions before reaching the destination bank (the bank to which the Customer sends funds), and those intermediary banks or other financial institutions are solely responsible for crediting the bank account designated by Customer. Transfers will generally be credited at destination banks within 3 banking business days after the money is sent, subject to the banks' operating hours, including local and bank holidays, and rules concerning availability of funds. Transactions: (i) which exceed certain amounts; (ii) to certain destinations; (iii) that implicate certain regulatory issues; or (iv) sent through delayed options, may take longer, be subject to dollar limits, or be subject to additional Restrictions. Customer and Receiver represent, warrant and certify to Western Union that its and their use of the Services shall not in any way, directly or indirectly, (a) violate any law, statute, ordinance, contract or regulation, including but not limited to any law, statute, ordinance, contract or regulation relating to money laundering, illegal gambling activities, support for terrorist activities, fraud or theft, and/or (b) violate any of the Terms and Conditions of use. When required by applicable law, Economy option money transfers will be reported to federal, state, local or foreign authorities. In addition, Western Union will cooperate with law enforcement in the prosecution of illegal activities to the fullest extent permitted by applicable law. You will be required to provide Western Union with certain information to allow Western Union, among other things: to verify Your identity; to receive appropriate bank card authorization; and to complete the transaction. Western Union is not an escrow service provider and You agree that You will not use Western Union Services for escrow purposes. You agree that the information You provide is not false, inaccurate or misleading. Please contact Western Union at the customer service telephone number listed below to obtain information regarding the conditions applicable to the Service You have selected. Please refer to Western Union's Online Privacy Statement for information concerning Western Union's use of this information. It is important to carefully review the information concerning REFUNDS and CURRENCY EXCHANGE. Western Union may amend these Terms and Conditions at any time by posting the amended terms on the Western Union website, and all amended terms shall be effective immediately after they are posted to the website. RELATIONSHIP BETWEEN WESTERN UNION AND BANKS: Western Union receives no compensation from destination or intermediary banks or other financial institutions for the Services. Western Union accepts no responsibility to the Customer nor to any account holder for any acts or omissions of the destination or intermediary banks, including the imposition of additional fees or charges. Neither Western Union nor its agents endorse or recommend the services of any bank. While Western Union can send money to a wide range of accounts, the banks and financial institutions listed on this site are not affiliated with Western Union and do not necessarily endorse the use of the Western Union Money Transfer service - Economy option. Immediately contact Western Union at the address or telephone number listed below if the amount credited to the designated bank account is less than the amount to be paid designated on the transaction receipt.
Fees, Payment and Currency Exchange
Fees. In consideration for the use of the Service, You agree to pay to Western Union a fee for each Economy option money transfer initiated by You at the applicable rate then in effect (the "transfer fee"). The applicable transfer fee for Your transaction will be provided to You prior to Your final authorization of the transaction, in addition to any applicable fees for additional services.
Currency Exchange, International Services (Except To Mexico):
Payments will generally be in local currency (except that in certain countries payment may be in U.S. dollars or other alternate currency at participating locations). In addition to the transfer fees applicable to this transaction, a currency exchange rate will be applied. United States currency is converted to foreign currency at an exchange rate set by Western Union. Any difference between the rate given to Customers and the rate received by Western Union will be kept by Western Union (and its Agents in some cases) in addition to the transfer fees. Please ask a customer service representative for information concerning the currency exchange rate applicable to your transaction. You may also find out the current foreign exchange rate provided by Western Union to its customers by calling toll-free to 1-800-435-0000.
Currency Exchange, International Services To Mexico:
Payment. Transfer fees and the principal amount are due and payable before Western Union processes the transaction. You must pay for the Service by bank card. If Western Union does not receive authorization from the bank card issuer, the transaction will not be processed and funds will not be transmitted to the Receiver. Each time You use the Service You agree that Western Union is authorized to charge Your designated bank card account for the principal amount, the transfer fee and any other applicable fees. (Your agreement with Your bank card issuer governs use of Your bank card, and You must refer to that agreement to ascertain Your rights and liabilities as a cardholder, which may include a "cash advance" fee.)
Refunds
PRINCIPAL REFUNDS and cancellation of the money transfer will generally be made if the Receiver's bank account has not been credited when Western Union processes the Customer's written request for a refund. Principal refunds may be subject to additional fees imposed by the destination bank and/or currency exchange rates (if applicable) applied by the destination bank and/or Western Union. PRINCIPAL REFUNDS MAY NOT BE AVAILABLE IF A BANK ACCOUNT OTHER THAN THE RECEIVER'S BANK ACCOUNT IS CREDITED DUE TO INCORRECT, INCOMPLETE OR ILLEGIBLE INFORMATION PROVIDED BY CUSTOMER. TRANSFER FEE REFUNDS are generally made if funds are not credited to the designated account within 3 banking business days, subject to Restrictions, and except to the extent caused by (i) conditions beyond the control of Western Union or its agents, such as telecommunications failure, or (ii) incorrect, incomplete or illegible information provided by the Customer. Qualifying refunds will be made within 45 days of receipt of Customer's valid written request.
Right to Refund (California)
The following provision applies only to transactions from California to a foreign country:
"You, the customer, are entitled to a refund of the money to be transmitted as the result of this agreement if Western Union does not forward the money received from you within 10 days of the date of its receipt, or does not give instructions committing an equivalent amount of money 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 moneys shall be forwarded or transmitted are not complied with and the money has not yet been forwarded or transmitted you have a right to a refund of your money. If you want a refund, you must mail or deliver your written request to Western Union at P.O. Box 4430, Bridgeton, Missouri 63044. If you do not receive your refund, you may be entitled to your money back plus a penalty of up to $1,000 and attorney's fees pursuant to Section 1810.5 of the California Financial Code."
Tracking
Tracking of an Economy option money transfer transaction once it has been sent by Western Union is generally not available through Western Union. A Customer or Receiver may make an inquiry directly to the destination bank, which may charge a fee for this inquiry.
Resolution of Disputes
The following "Resolution of Disputes" provision applies to Western Union Economy option money transfer transactions originating outside California. Any dispute or claim arising from or relating to this transaction, including disputes regarding this paragraph, shall be settled by binding arbitration administered by the National Arbitration Forum ("NAF") under its Code of Procedure in effect when the dispute is filed, and shall be arbitrated in the most populous city in the state where the transaction was sent. Each party shall bear its own attorneys', experts' and witness fees. Neither party shall have the right to participate as a member of any class of claimants pertaining to any claim. Third parties' claims shall not be joined in any arbitration between the parties. Information may be obtained and disputes may be filed at a NAF office, www.arbitration-forum.com, or at P.O. Box 50191, Minneapolis, MN 55405. This paragraph is made pursuant to a transaction involving interstate commerce and shall be governed by the Federal Arbitration Act, 9 U.S.C. §1-16. EXCEPT AS EXPRESSLY PROVIDED IN THIS PARAGRAPH, THE PARTIES WAIVE ALL RIGHTS TO A COURT OR JURY TRIAL TO RESOLVE AGREEMENT DISPUTES.
Limitations of Liability
IN NO EVENT SHALL WESTERN UNION BE LIABLE FOR DAMAGES WHETHER CAUSED BY NEGLIGENCE ON THE PART OF ITS EMPLOYEES, SUPPLIERS OR AGENTS OR OTHERWISE, BEYOND THE SUM OF $500 (in addition to refunding the transaction amount and the transfer fees), UNLESS CUSTOMER HAS OBTAINED A HIGHER LIABILITY LIMIT BY CALLING THE CUSTOMER SERVICE TELEPHONE NUMBER BELOW AND PAYING ADDITIONAL CHARGES THEREFOR. IN NO EVENT SHALL WESTERN UNION OR ITS AGENTS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR THE LIKE. THESE CONDITIONS CANNOT BE CHANGED OR SUPPLEMENTED ORALLY.
Western Union reserves the right to limit the principal amount of a money transfer, or to reject a proposed money transfer, in its sole discretion. Western Union assumes no obligation to make payment of the money transfer or to complete the applicable money transfer transaction if Western Union does not receive authorization from the bank card issuer, nor does Western Union assume any liability for damages resulting from nonpayment of the money transfer or any failure to complete any applicable Service transaction by reason of such lack of authorization. Western Union is not affiliated with or responsible for goods and/or services provided by merchants and paid for through its Services. Western Union reserves the right to refuse to provide the Services to You, at any time, for any reason deemed necessary to protect Western Union's interests.
Indemnity
You agree to indemnify, defend and hold harmless Western Union, and all its officers, directors, owners, agents, employees, affiliates, licensors, licensees and third party service providers (collectively, the "Indemnified Parties") from and against any and all losses, damages, liabilities, and claims and all fees, costs, expenses of any kind related thereto (including, without limitation, reasonable attorneys fees) incurred by the Indemnified Parties in connection with any claim arising out of, based upon or resulting from (i) Your access to and/or use of the Western Union website or Services including, without limitation, the Economy option money transfer services; and/or (ii) Your violation of the Terms and Conditions. Western Union reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by You. You shall not in any event settle any matter without the written consent of Western Union.
Electronic Delivery Of Future Disclosures
You agree to accept all subsequent disclosures (including, without limitation, disclosures required under federal or state laws relating to privacy or electronic fund transfers) and other communications between You and Western Union on this website or at the primary email address You provided during registration. You may print and retain a copy of all such disclosures and communications by using Your personal computer and printer. In the event that Your primary email address changes, You must notify Western Union. You may revoke Your consent at any time by contacting customer service.
Intellectual Property
The Western Union website, the Service, the content, and all intellectual property pertaining thereto and contained therein (including but not limited to authors, patents, database rights, trademarks and service marks) are owned by Western Union or third parties, and all right, title and interest therein and thereto shall remain the property of Western Union and/or such other third parties. The Western Union website and Service may be used only for the purpose permitted by these Terms and Conditions. You are authorized solely to view and retain a copy of the pages of the Western Union website for Your own personal, non-commercial use. You agree that you may not duplicate, publish, modify, create derivative works from, participate in the transfer of, post on the World Wide Web, or in any way distribute or exploit the Western Union website, the Service or any portion thereof for any public or commercial use without the express written consent of Western Union. You further agree not to: (i) use any robot, spider, scraper or other automated device to access the Western Union website and/or Service; and (ii) remove or alter any author, trademark or other proprietary notice or legend displayed on the Western Union website (or printed pages thereof). The name Western Union and other names and indicia of ownership of Western Union's Service are the exclusive marks of Western Union or other third parties. Other product, service and company names appearing on the website may be trademarks of their respective owners.
Links to Other Sites
The Western Union website may contain links and pointers to other World Wide Web Internet sites and resources (the "Linked Sites"). Links to any Linked Site do not constitute an endorsement by or association with Western Union or any of its affiliates to any third party resources or their contents. Links do not imply that Western Union is affiliated or associated with or is legally authorized to use any trademark, trade name, logo or author symbol displayed in or accessible through the links, or that any Linked Sites are authorized to use any trademark, trade name, logo or author symbol of Western Union or any of its affiliates. You should direct any concerns regarding any Linked Site to such Linked Site's site administrator or webmaster. Western Union does not represent or endorse the accuracy or reliability of, and expressly disclaims, any advice, opinion, statement, or other information displayed or distributed through any Linked Site. You agree that reliance upon any opinion, advice, or information displayed on or otherwise available through any Linked Site shall be at your sole risk.
Miscellaneous
These Terms and Conditions, together with all other items incorporated herein by reference, embody the entire agreement and understanding between You and Western Union and supercede all prior agreements or understandings You have with Western Union. Western Union has the right to assign these Terms and Conditions to a subsidiary or affiliate company, or any third party, at any time without Your consent. You may not assign or transfer these Terms and Conditions without Western Union's prior written consent. If any one or more of these Terms and Conditions shall for any reason be held to be invalid, illegal or unenforceable, the remaining provisions shall remain valid and enforceable. Your access to and use of the Western Union website and Service is governed by Colorado law, without regard to its rules regarding conflicts of law. The Western Union website and Service are directed to persons age 18 and over residing in the United States. The Western Union website and Service are not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation. In the event that there is any inconsistency between the English version of the westernunion.com website and the Spanish version, the English version shall be binding.
For inquiries or comments in English, please write to: Western Union Financial Services, Inc. P.O. Box 4430 Bridgeton, MO 63044 FOR CUSTOMER SERVICE, PLEASE CALL 1-800-325-6000 For inquiries or comments in Spanish, please write to: Western Union Financial Services, Inc. P.O. Box 130780 Dallas, TX 75313 FOR CUSTOMER SERVICE, PLEASE CALL 1-800-325-4045
Western Union Money Transfer® Services
Telephone Money Transfer Service
WESTERN UNION MONEY TRANSFER® SERVICES AND THE WESTERN UNION QUICK COLLECT® SERVICES AVAILABLE THROUGH 1-800-CALL-CASHSM (collectively, “Services”)
ARE PROVIDED SUBJECT TO THIS AGREEMENT AND APPLICABLE LAW:
Additional information regarding Services may be obtained from the Western Union Internet site at www.westernunion.com. Western Union® customers (“Customers”) may access Services through 1-800-CALL-CASHSM using a Visa® or MasterCard® branded credit or pinless debit card, or a Discover® credit card, issued by or through a financial institution located in the U.S. (collectively, a “bank card”). Availability of Services depends on selected Services conditions including, Western Union's receipt of an authorization from the bank card issuer, amount sent, destination country, currency availability, regulatory issues, identification requirements and location hours (collectively, “Restrictions”). The designated recipient (“Receiver”) will normally receive funds sent by Customers in cash, check or a combination thereof, or in selected U.S. locations, a Western Union® payout card. Payout card or check Receivers may incur additional fees to access funds. Transactions: (i) which exceed certain amounts; (ii) to certain destinations; (iii) that implicate certain regulatory issues; or (iv) sent through delayed options, may take longer, be subject to dollar limits or be subject to additional Restrictions. Transactions may be reported to applicable authorities. TELEPHONE NOTIFICATION, MESSENGER DELIVERY and SUPPLEMENTAL MESSAGES may be included for an additional fee with qualifying Services. *Your agreement with your bank card issuer governs use of your card, and you must refer to that agreement to ascertain your rights and liabilities as a cardholder, which may include a “cash advance” or similar fee. Each time Customer uses the Services, Customer authorizes Western Union to charge Customer's designated bank card account for the principal amount, transfer fees and any other fees applicable to the Services selected by Customer.
Test Question
In many destinations Services that include test questions will be paid to the Receiver if the Receiver can provide the test question answer OR identification. In some destinations the Receiver may be required to provide identification, the test question answer or both.
Administration Charge
Transactions not picked up or canceled by Customer within one year of the date it was sent will be assessed a non-refundable administration charge of up to fifty cents per month from the send date, not to exceed forty-two dollars, which will be deducted from the amount sent.
Refunds
PRINCIPAL REFUNDS and cancellation of the transaction will be made if payment to the Receiver has not been made when Western Union processes Customer's written request. TRANSFER FEE REFUNDS are generally made if funds are not available to the Receiver within Western Union's specified timeframes. Transfer fee refunds are not available for Quick Collect® Services. Qualifying refunds will be made within 45 days of receipt of Customer's valid written request.
The following provision applies only to transactions from California to a foreign country: RIGHT TO REFUND. “You, the customer, are entitled to a refund of the money to be transmitted as the result of this agreement if Western Union does not forward the money received from you within 10 days of the date of its receipt, or does not give instructions committing an equivalent amount of money 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 moneys shall be forwarded or transmitted are not complied with and the money has not yet been forwarded or transmitted you have a right to a refund of your money. If you want a refund, you must mail or deliver your written request to Western Union at P.O. Box 4430, Bridgeton, Missouri 63044. If you do not receive your refund, you may be entitled to your money back plus a penalty of up to $1,000 and attorney's fees pursuant to Section 1810.5 of the California Financial Code.”
Disputes (for transactions originating outside California).
Any dispute or claim arising from or relating to this transaction, including disputes regarding this paragraph, shall be settled by binding arbitration administered by the National Arbitration Forum ("NAF") under its Code of Procedure in effect when the dispute is filed, and shall be arbitrated in the most populous city in the state where the transaction was sent. Each party shall bear its own attorneys', experts' and witness fees. Neither party shall have the right to participate as a member of any class of claimants pertaining to any claim. Third parties' claims shall not be joined in any arbitration between the parties. Information may be obtained and disputes may be filed at a NAF office, www.arbitration-forum.com, or at P.O. Box 50191, Minneapolis, MN 55405. This paragraph is made pursuant to a transaction involving interstate commerce and shall be governed by the Federal Arbitration Act, 9 U.S.C. §1-16. EXCEPT AS EXPRESSLY PROVIDED IN THIS PARAGRAPH, THE PARTIES AGREE TO WAIVE ALL RIGHTS TO A COURT OR JURY TRIAL TO RESOLVE AGREEMENT DISPUTES.
Limitations of Liability
LIMITATIONS OF LIABILITY.
IN NO EVENT SHALL WESTERN UNION BE LIABLE FOR DAMAGES, WHETHER CAUSED BY NEGLIGENCE ON THE PART OF ITS EMPLOYEES, SUPPLIERS OR AGENTS OR OTHERWISE, BEYOND THE SUM OF $500 (in addition to refunding the transaction amount and the transfer fees), UNLESS CUSTOMER HAS OBTAINED A HIGHER LIABILITY LIMIT BY CALLING THE CUSTOMER SERVICE TELEPHONE NUMBER BELOW AND PAYING ADDITIONAL CHARGES THEREFOR. IN NO EVENT SHALL WESTERN UNION OR ITS AGENTS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR THE LIKE.
When Western Union accepts a bank card as the form of payment from Customer, it assumes no obligation to make payment of or to complete the applicable Services transaction if Western Union does not receive authorization from the bank card issuer, nor does Western Union assume any liability for damages resulting from nonpayment of or any failure to complete any applicable Services transaction by reason of such lack of authorization.
Currency Exchange, International Services (Except To Mexico)
LIMITATIONS OF LIABILITY.
IN NO EVENT SHALL WESTERN UNION BE LIABLE FOR DAMAGES, WHETHER CAUSED BY NEGLIGENCE ON THE PART OF ITS EMPLOYEES, SUPPLIERS OR AGENTS OR OTHERWISE, BEYOND THE SUM OF $500 (in addition to refunding the transaction amount and the transfer fees), UNLESS CUSTOMER HAS OBTAINED A HIGHER LIABILITY LIMIT BY CALLING THE CUSTOMER SERVICE TELEPHONE NUMBER BELOW AND PAYING ADDITIONAL CHARGES THEREFOR. IN NO EVENT SHALL WESTERN UNION OR ITS AGENTS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR THE LIKE.
When Western Union accepts a bank card as the form of payment from Customer, it assumes no obligation to make payment of or to complete the applicable Services transaction if Western Union does not receive authorization from the bank card issuer, nor does Western Union assume any liability for damages resulting from nonpayment of or any failure to complete any applicable Services transaction by reason of such lack of authorization. Payments will generally be in local currency (except that in certain countries payment may be in U.S. dollars or other alternate currency at participating locations). In addition to the transfer fees applicable to this transaction, a currency exchange rate will be applied. United States currency is converted to foreign currency at an exchange rate set by Western Union. Any difference between the rate given to Customers and the rate received by Western Union will be kept by Western Union (and its Agents in some cases) in addition to the transfer fees. Please ask a customer service representative for information concerning the currency exchange rate applicable to your transaction. The transfer fees and the money Western Union (or its Agents) makes when it changes your dollars into foreign currency may vary based upon the payout currency that you select. Some Western Union Agents may offer Receivers the choice to receive funds in a currency different from the one you selected. In such instances, Western Union (or its Agents) may make additional money when it changes your funds into the Receiver selected currency.
Currency Exchange, International Services To Mexico
All payments will be made in Mexican currency. In addition to the transfer fees applicable to this transaction, a currency exchange rate will be applied. United States currency is converted to Mexican currency at an exchange rate set by Western Union. Any difference between the rate given to Customers and the rate received by Western Union will be kept by Western Union (and its Agents in some cases) in addition to the transfer fees. Please ask a customer service representative for information concerning the currency exchange rate applicable to your transaction.
You may also find out the current foreign exchange rate provided by Western Union to its customers by calling 1-800-325-6000.
General
This Agreement, together with all items incorporated in it by reference, embodies the entire understanding among the parties. It supercedes all prior understandings and cannot be modified orally. Western Union has the right to assign this Agreement to any party, at any time without Customer's consent. This Agreement is governed by Colorado law without regard to conflicts of law rules. If an Agreement provision is found invalid, remaining provisions shall be valid. Services are directed solely to persons 18 and over. The English language Agreement version controls if there is an inconsistency between English and non-English versions. Customer and Receiver represent that their use of Services shall not violate (a) any law, including without limit any laws relating to money laundering, illegal gambling activities, support for terrorist activities or fraud; and/or (b) this Agreement. Information provided to Western Union shall be truthful and complete. Customer shall indemnify Western Union and its Agents for all losses of any kind (including attorneys' fees) arising out of any Agreement breach by Customer or Receiver. Western Union may pay promotional fees to Quick Collect Receivers. Western Union reserves the right to change Services without notice. Western Union and its Agents may refuse to provide Services to any person.
For inquiries or comments in English, please write to: WESTERN UNION FINANCIAL SERVICES, INC. P.O. Box 4430, Bridgeton, Missouri 63044 FOR CUSTOMER SERVICE, PLEASE CALL 1-800-525-3403 THE WESTERN UNION QUICK COLLECT SERVICE IS SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS: Note: The Terms and Conditions ("Terms and Conditions") below are in effect for all Quick Collect transactions initiated on westernunion.com on or after 28th of August, 2006. The Terms and Conditions set forth below describe the terms and conditions that apply to and govern Your access to and use of the Western Union website and Quick Collect Services (as defined below). Do not use or access the Western Union website or Quick Collect Services if You do not agree to be bound by such Terms and Conditions.
The Western Union Quick Collect Service
Quick Collect Service
A Quick Collect consumer that is located in the U.S. (the "Sender") may send a payment to a Western Union Quick Collect Client (i.e. the receiver of Your payment) ("Receiver") in the United States through the westernunion.com website (the " Quick Collect Service(s)") using a U.S. issued Visa, MasterCard credit card or debit card issued by or through a financial institution located in the U.S. ("bank card"). "You" or "Your" may be used to refer to the Sender and/or Receiver depending on the context in which it is used. Western Union transmits Quick Collect payments to the Receiver electronically or in the form of a check. Sender and Receiver represent, warrant and certify to Western Union that its and their use of the Quick Collect Services shall not in any way, directly or indirectly, (a) violate any law, statute, ordinance, contract or regulation, including but not limited to any law, statute, ordinance, contract or regulation relating to money laundering, illegal gambling activities, support for terrorist activities, fraud or theft; and/or(b) violate any of the Terms and Conditions of use. When required by applicable law, Your Quick Collect Service transactions will be reported to federal, state, local or foreign authorities. In addition, Western Union will cooperate with law enforcement in the prosecution of illegal activities to the fullest extent permitted by applicable law. You will be required to provide Western Union with certain information to allow Western Union, among other things: to verify Your identity; to receive appropriate bank card authorization; and to complete the transaction. Western Union is not an escrow service provider and You agree that You will not use Western Union Services for escrow purposes. You agree that the information You provide is not false, inaccurate or misleading. Please contact Western Union at the customer service telephone number listed below to obtain information regarding the conditions applicable to the Quick Collect Service. Please refer to Western Union's Online Privacy Statement for information concerning Western Union's use of this information. It is important to carefully review the information concerning REFUNDS and CURRENCY EXCHANGE. Western Union may amend these Terms and Conditions at any time by posting the amended terms on the Western Union website, and all amended terms shall be effective immediately after they are posted to the website.
Fees And Payment
Fees. In consideration for the use of the Quick Collect Service, You agree to pay to Western Union a fee for each Quick Collect Service transaction initiated by You at the applicable rate then in effect (the "transfer fee"). The applicable transfer fee for Your transaction will be provided to You prior to Your final authorization of the transaction, in addition to any applicable fees for additional services.
Payment. Transfer fees and the principal amount are due and payable before Western Union processes the transaction. You must pay for the Quick Collect Service by bank card. If Western Union does not receive authorization from the bank card issuer, the transaction will not be processed and funds will not be transmitted to the Receiver. Each time You use the Quick Collect Service You agree that Western Union is authorized to charge Your designated bank card account for the principal amount, the transfer fee and any other applicable fees. (Your agreement with Your bank card issuer governs use of Your bank card, and You must refer to that agreement to ascertain Your rights and liabilities as a cardholder, which may include a "cash advance" fee.)
Refunds
You may cancel your Quick Collect Service transaction upon written request if the Receiver has not yet received the payment. All refunds shall be made within 45 days of receiving a valid written request to the address listed below. Under some circumstances, a Receiver may refuse to accept a payment. In such cases, if the Receiver notifies Western Union of its refusal promptly, Western Union will cancel the payment transaction and refund the principal amount (but not the fees) to You. If the Receiver does not notify Western Union of its refusal promptly, the transaction will be completed, Western Union will not be liable to You for the refund and You agree to obtain the refund directly from the Receiver.
Right to Refund (California)
The following provision applies only to Quick Collect Service transactions originating in California for transmission to foreign countries:
"You, the customer, are entitled to a refund of the money to be transmitted as the result of this agreement if Western Union does not forward the money received from you within 10 days of the date of its receipt, or does not give instructions committing an equivalent amount of money 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 moneys shall be forwarded or transmitted are not complied with and the money has not yet been forwarded or transmitted you have a right to a refund of your money. If you want a refund, you must mail or deliver your written request to Western Union Financial Services, Inc. at P.O. Box 4430, Bridgeton, MO 63044. If you do not receive your refund, you may be entitled to your money back plus a penalty of up to $1,000 and attorney's fees pursuant to Section 1810.5 of the California Financial Code."
Resolution of Disputes
The following "Resolution of Disputes" provision applies to Western Union money transfer transactions originating outside California. Any dispute or claim arising from or relating to the Quick Collect Service and/or the Terms and Conditions, including any dispute or claim regarding the applicability of this provision, shall be settled by binding arbitration administered by the National Arbitration Forum ("NAF") under its Code of Procedure in effect at the time the claim is filed, with such arbitration to be held in the most populous city in the state from which the Quick Collect Service transaction was sent, or in such other location as the parties may mutually agree. Each party shall bear its own attorney's, expert's and witness fees, which shall not be considered costs of arbitration. Judgment on any award rendered by the arbitrator may be entered in and enforced by any court having jurisdiction thereof. The parties agree that neither of them shall have the right to participate as a member of any class of claimants pertaining to any claim subject to arbitration under this paragraph and that claims of third parties shall not be joined in any arbitration between the parties. Information may be obtained and claims may be filed at any office of the National Arbitration Forum, www.arbitration-forum.com , or at P.O. Box 50191, Minneapolis, MN 55405. The parties acknowledge and agree that this arbitration agreement is made pursuant to a transaction involving interstate commerce and shall be governed by the Federal Arbitration Act, 9 U.S.C.§1-16. If any portion of this paragraph is deemed invalid or unenforceable, it shall not invalidate the remaining portions of this paragraph. THE PARTIES ACKNOWLEDGE AND AGREE THAT, EXCEPT AS EXPRESSLY PROVIDED IN THIS PARAGRAPH, THEY ARE WAIVING ALL RIGHTS TO A TRIAL BY COURT OR JURY AS A MEANS OF RESOLVING ANY DISPUTES ARISING OUT OF OR RELATING TO THIS QUICK COLLECT SERVICE TRANSACTION.
Limitation of Liability
IN NO EVENT SHALL WESTERN UNION BE LIABLE FOR DAMAGES FOR DELAY, NONDELIVERY, NONPAYMENT OR UNDERPAYMENT OF ANY QUICK COLLECT SERVICE TRANSACTION, WHETHER CAUSED BY NEGLIGENCE ON THE PART OF ITS EMPLOYEES, SUPPLIERS OR AGENTS OR OTHERWISE, BEYOND THE SUM OF $500 (in addition to refunding the principal amount of the Quick Collect and the fees), UNLESS THE SENDER HAS OBTAINED A HIGHER LIABILITY LIMIT BY CALLING THE TELEPHONE NUMBER SET OUT AT THE BOTTOM OF THESE TERMS AND CONDITIONS AND PAYING AN ADDITIONAL CHARGE THEREFOR. IN NO EVENT WILL WESTERN UNION BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES OR THE LIKE. THESE CONDITIONS CANNOT BE CHANGED OR SUPPLEMENTED ORALLY. Western Union reserves the right to limit the principal amount of a Quick Collect Service transaction, or to reject a proposed Quick Collect Service transaction, in its sole discretion. Western Union assumes no obligation to make payment of the Quick Collect Service transaction to complete the applicable Quick Collect service transaction if Western Union does not receive authorization from the bank card issuer, nor does Western Union assume any liability for damages resulting from nonpayment of the Quick Collect Service transaction by reason of such lack of authorization. Western Union is not affiliated with the Receiver and shall have no responsibility or liability with respect to the goods or services that You may order or receive from the Receiver. You agree that Western Union shall have no liability for the wrongful acts, negligence or errors of the Receiver or for its failure to properly or timely give You credit for funds that You send to it through Western Union.
Indemnity
You agree to indemnify, defend and hold harmless Western Union, and all its officers, directors, owners, agents, employees, affiliates, licensors, licensees and third party service providers (collectively, the "Indemnified Parties") from and against any and all losses, damages, liabilities, and claims and all fees, costs, expenses of any kind related thereto (including, without limitation, reasonable attorneys fees) incurred by the Indemnified Parties in connection with any claim arising out of, based upon or resulting from (i) Your access to and/or use of the Western Union website or Quick Collect Services; and/or (ii) Your violation of the Terms and Conditions. Western Union reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by You . You shall not in any event settle any matter without the written consent of Western Union.
Electronic Delivery of Future Disclosures
You agree to accept all subsequent disclosures (including, without limitation, disclosures required under federal or state laws relating to privacy or electronic fund transfers) and other communications between You and Western Union on this website or at the primary email address You provided during registration. You may print and retain a copy of all such disclosures and communications by using Your personal computer and printer. In the event that Your primary email address changes, You must notify Western Union. You may revoke Your consent at any time by contacting customer service.
Intellectual Property
The Western Union website, the Quick Collect Service, the content, and all intellectual property pertaining thereto and contained therein (including but not limited to copyrights, patents, database rights, trademarks and service marks) are owned by Western Union or third parties, and all right, title and interest therein and thereto shall remain the property of Western Union and/or such other third parties. The Western Union website and the Quick Collect Service may be used only for the purpose permitted by these Terms and Conditions. You are authorized solely to view and retain a copy of the pages of the Western Union website for Your own personal, non-commercial use. You agree that you may not duplicate, publish, modify, create derivative works from, participate in the transfer of, post on the World Wide Web, or in any way distribute or exploit the Western Union website, the Quick Collect Service or any portion thereof for any public or commercial use without the express written consent of Western Union. You further agree not to: (i) use any robot, spider, scraper or other automated device to access the Western Union website and/or Quick Collect Service; and (ii) remove or alter any copyright, trademark or other proprietary notice or legend displayed on the Western Union website (or printed pages thereof). The name Western Union and other names and indicia of ownership of Western Union's Quick Collect Service are the exclusive marks of Western Union or other third parties. Other product, service and company names appearing on the website may be trademarks of their respective owners.
Links to Other Sites
The Western Union website may contain links and pointers to other World Wide Web Internet sites and resources (the "Linked Sites"). Links to any Linked Site do not constitute an endorsement by or association with Western Union or any of its affiliates to any third party resources or their contents. Links do not imply that Western Union is affiliated or associated with or is legally authorized to use any trademark, trade name, logo or copyright symbol displayed in or accessible through the links, or that any Linked Sites are authorized to use any trademark, trade name, logo or copyright symbol of Western Union or any of its affiliates. You should direct any concerns regarding any Linked Site to such Linked Site's site administrator or webmaster. Western Union does not represent or endorse the accuracy or reliability of , and expressly disclaims, any advice, opinion, statement, or other information displayed or distributed through any Linked Site. You agree that reliance upon any opinion, advice, or information displayed on or otherwise available through any Linked Site shall be at your sole risk.
Miscellaneous
These Terms and Conditions, together with all other items incorporated herein by reference, embody the entire agreement and understanding between You and Western Union and supercede all prior agreements or understandings You have with Western Union. Western Union has the right to assign these Terms and Conditions to a subsidiary or affiliate company, or any third party, at any time without Your consent. You may not assign or transfer these Terms and Conditions without Western Union's prior written consent. If any one or more of these Terms and Conditions shall for any reason be held to be invalid, illegal or unenforceable, the remaining provisions shall remain valid and enforceable. Your access to and use of the Western Union website and Service is governed by Colorado law, without regard to its rules regarding conflicts of law. The Western Union website and Service are directed to persons age 18 and over residing in the United States. The Western Union website and Service are not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation. In the event that there is any inconsistency between the English version of the westernunion.com website and the Spanish version, the English version shall be binding.
For consumer inquiries or comments in English, please write to: WESTERN UNION FINANCIAL SERVICES, INC., P.O. Box 4430, Bridgeton, Missouri 63044 For consumer inquiries or comments in Spanish, please write to: WESTERN UNION FINANCIAL SERVICES, INC., P.O. Box 130780, Dallas, Texas 75313 FOR TELEPHONE CUSTOMER SERVICE, PLEASE CALL: 1-800-325-6000 (English) OR 1-800-325-4045 (Spanish)
Western Union® Prepaid Services
Prepaid Services
WESTERN UNION® PREPAID SERVICES AVAILABLE THROUGH THE WWW.WESTERNUNION.COM WEBSITE ("Services") ARE PROVIDED SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS ("Agreement") AND APPLICABLE LAW.
This Agreement applies to all Western Union® Prepaid Services transactions initiated on westernunion.com and to your use of and access to the Western Union website on or after October 10, 2004. As used in this Agreement, the terms "we", "our", or "us" refer to Western Union. The terms "Customer," "you" or "your" refer to the user of Western Union Prepaid Services. Your use of the Services or your use of or access to the Western Union website constitutes your agreement to be bound by this Agreement. Western Union may amend this Agreement at any time by posting the amended terms on the Western Union website, and all amended terms shall be effective immediately after they are posted to the website. You may purchase Services using a Visa® or MasterCard® branded credit or pinless debit card issued by or through a financial institution located in the U.S. (collectively, a "bank card"). Availability of Services depends on selected Services conditions including Western Union's receipt of an authorization from the bank card issuer, amount sent, regulatory issues, and identification requirements (collectively, "Restrictions"). You may transmit funds to a Western Union Prepaid Services Client ("Client") in the United States using Services, and Western Union provides funds to Receivers electronically. The maximum amount of funds you can transfer in a single transaction may be limited. Western Union Prepaid Services Cardholders should refer to the Western Union Card Agreement for further terms and conditions. Non-cardholders shall be bound by the applicable terms set forth in this Agreement. Transactions may be reported to local, state, or federal authorities. Western Union will cooperate with law enforcement in the prosecution of illegal activities to the fullest extent permitted by applicable law. You will be required to provide Western Union with certain information to allow Western Union, among other things: to verify your identity; to receive appropriate bank card authorization; and to complete the transaction. Please refer to Western Union's Online Privacy Statement for information concerning Western Union's use of personal and non-personal information. IT IS IMPORTANT TO CAREFULLY REVIEW THE INFORMATION REGARDING REFUNDS.
Fees and Payment
FEES AND PAYMENT. In consideration for the use of Services, you agree to pay to Western Union a fee for each Services transaction initiated by you at the applicable rate then in effect (the "transfer fee"). The applicable transfer fee for your transaction will be provided to you prior to your final authorization of the transaction. All fees and the principal amount are due and payable before Western Union processes the transaction. You must pay for Services by bank card. If Western Union does not receive authorization from the bank card issuer, the transaction will not be processed and funds will not be transmitted. Each time you use the Services, you authorize Western Union to charge your designated bank card account for the principal amount, the transfer fee and any other fees applicable to the Services selected by you.
Your agreement with your bank card issuer governs use of your bank card, and you must refer to that agreement to ascertain your rights and liabilities as a cardholder, which may include a "cash advance" or similar fee for Services transactions.
Administration Charge
ADMINISTRATION CHARGE. Transactions not picked up or canceled by the Customer within one year of the send date will be assessed a non-refundable administration charge of up to fifty cents per month from the send date, not to exceed forty-two dollars, which will be deducted from the amount sent (or where such charge exceeds the maximum amount permitted by law, the maximum amount permitted by law).
Refunds: Principal Refunds
REFUNDS: PRINCIPAL REFUNDS (not including transaction fees) will be made if payment has not been made when Western Union processes Customer's written request. Qualifying refunds will be made within 45 days of Customer's valid written request.
Resolution Of Disputes
RESOLUTION OF DISPUTES (for transactions originating outside California). Any dispute or claim arising from or relating to your use of the Western Union website, to a Services transaction and/or to this Agreement, including any dispute or claim regarding this provision, shall be settled by binding arbitration administered by the National Arbitration Forum ("NAF") under its Code of Procedure in effect at the time the claim is filed, with such arbitration to be held in the most populous city in the state from which the transaction was sent. Each party shall bear its own attorney's, expert's and witness fees, which shall not be considered costs of arbitration. Judgment on any award rendered by the arbitrator may be entered in and enforced by any court having jurisdiction thereof. Neither party shall have the right to participate as a member of any class of claimants pertaining to any claim. Third parties' claims shall not be joined in any arbitration between the parties. Information may be obtained and claims may be filed at any office of the National Arbitration Forum, www.arbitration-forum.com, or at P.O. Box 50191, Minneapolis, MN 55405. The parties acknowledge and agree that this arbitration agreement is made pursuant to a transaction involving interstate commerce and shall be governed by the Federal Arbitration Act, 9 U.S.C.§1-16. THE PARTIES ACKNOWLEDGE AND AGREE THAT, EXCEPT AS EXPRESSLY PROVIDED IN THIS PARAGRAPH, THEY ARE WAIVING ALL RIGHTS TO A TRIAL BY COURT OR JURY AS A MEANS OF RESOLVING ANY DISPUTE ARISING OUT OF OR RELATED TO THIS AGREEMENT.
Limitations of Liability
LIMITATIONS OF LIABILITY. IN NO EVENT SHALL WESTERN UNION BE LIABLE FOR DAMAGES FOR DELAY, NONDELIVERY, NONPAYMENT OR UNDERPAYMENT OF ANY SERVICES TRANSACTION, WHETHER CAUSED BY NEGLIGENCE OF ITS EMPLOYEES, SUPPLIERS OR AGENTS OR OTHERWISE, BEYOND THE SUM OF $500 (in addition to refunding the principal amount and the transfer fees), UNLESS THE CUSTOMER HAS OBTAINED A HIGHER LIABILITY LIMIT BY CALLING THE TELEPHONE NUMBER SET FORTH BELOW AND PAYING AN ADDITIONAL CHARGE THEREFOR. IN NO EVENT WILL WESTERN UNION BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES OR THE LIKE. THESE CONDITIONS CANNOT BE CHANGED OR SUPPLEMENTED ORALLY.
Western Union assumes no obligation to make payment of or to complete the applicable Services transaction if Western Union does not receive authorization from the bank card issuer, nor does Western Union assume any liability for damages resulting from nonpayment of or any failure to complete any applicable Services transaction by reason of such lack of authorization. Western Union does not guarantee delivery or suitability of goods or services paid for with Services. Western Union shall have no responsibility or liability with respect to any goods or services that you may order or receive from the Client. You agree that Western Union shall have no liability for the wrongful acts, negligence or errors of the Client.
Indemnity
INDEMNITY. You agree to indemnify, defend and hold harmless Western Union, and all its officers, directors, owners, agents, employees, affiliates, licensors, licensees and third party service providers (collectively, the "Indemnified Parties") from and against any and all losses, damages, liabilities, and claims and all fees, costs, expenses of any kind related thereto (including, without limitation, reasonable attorneys fees) incurred by the Indemnified Parties in connection with any claim arising out of, based upon or resulting from (i) your access to and/or use of the Western Union website or the Services; and/or (ii) your violation of this Agreement. Western Union reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. You shall not in any event settle any matter without the written consent of Western Union.
Electronic Delivery of Future Disclosures
ELECTRONIC DELIVERY OF FUTURE DISCLOSURES. You agree to accept all subsequent disclosures (including, without limitation, disclosures required under federal or state laws relating to privacy or electronic fund transfers) and other communications between you and Western Union on this website or at the primary email address you provided during registration. You may print and retain a copy of all such disclosures and communications by using your personal computer and printer. You must notify Western Union if the email address provided during registration changes. You may revoke this consent at any time by contacting customer service at 1-800-325-6000.
Intellectual Property
INTELLECTUAL PROPERTY. The Western Union website, the Services, the content, and all intellectual property pertaining thereto and contained therein (including but not limited to copyrights, patents, database rights, trademarks and service marks) are owned by Western Union or third parties, and all right, title and interest therein and thereto shall remain the property of Western Union and/or such other third parties. The Western Union website and the Services may be used only for the purpose permitted by this Agreement. You are authorized to view and retain a copy of the pages of the Western Union website solely for your own personal, non-commercial use. You agree that you may not duplicate, publish, modify, create derivative works from, participate in the transfer of, post on the World Wide Web, or in any way distribute or exploit the Western Union website, the Services or any portion thereof for any public or commercial use without the express written consent of Western Union. You further agree not to: (i) use any robot, spider, scraper or other automated device to access the Western Union website and/or Services; and (ii) remove or alter any copyright, trademark or other proprietary notice or legend displayed on the Western Union website (or printed pages thereof). The name Western Union and other names and indicia of ownership of the Western Union Services are the exclusive marks of Western Union or other third parties. Other product, service and company names appearing on the website may be trademarks of their respective owners.
Links To Other Sites
LINKS TO OTHER SITES. The Western Union website may contain links and pointers to other World Wide Web Internet sites and resources (the "Linked Sites"). Links to any Linked Site do not constitute an endorsement by or association with Western Union or any of its affiliates to any third party resources or their contents. Links do not imply that Western Union is affiliated or associated with or is legally authorized to use any trademark, trade name, logo or copyright symbol displayed in or accessible through the links, or that any Linked Sites are authorized to use any trademark, trade name, logo or copyright symbol of Western Union or any of its affiliates. You should direct any concerns regarding any Linked Site to such Linked Site's site administrator or webmaster. Western Union does not represent or endorse the accuracy or reliability of, and expressly disclaims, any advice, opinion, statement, or other information displayed or distributed through any Linked Site. You agree that reliance upon any opinion, advice, or information displayed on or otherwise available through any Linked Site shall be at your sole risk.
General
GENERAL. This Agreement, together with all other items incorporated herein by reference, embody the entire agreement and understanding between you and Western Union. It supercedes all prior agreements or understandings you have with Western Union and cannot be modified orally. Western Union has the right to assign this Agreement to any party, at any time without your consent. You may not assign or transfer this Agreement without Western Union's prior written consent. Your access to and use of the Western Union website and Services is governed by Colorado law without regard to its conflicts of laws rules. If any provision of this Agreement is held to be invalid, illegal or unenforceable, the remaining provisions shall remain valid and enforceable. The Western Union website and Services are directed to persons age 18 and over residing in the United States. The Western Union website and Services are not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation. The English language Agreement version controls if there is any inconsistency between the English version and any non-English versions. You represent, warrant and certify that your use of the Services shall not violate in any way, directly or indirectly, (a) any law, statute, ordinance, contract or regulation, including but not limited to any law, statute, ordinance, contract or regulation relating to money laundering, illegal gambling activities, support for terrorist activities, fraud or theft; and/or (b) this Agreement. You agree that the information you provide is truthful, complete and not misleading. Western Union may pay promotional fees to Prepaid Services Clients. Western Union reserves the right to change Services without notice. Western Union and its Agents may refuse to provide Services to any person.
For consumer inquiries or comments in English, please write to: WESTERN UNION FINANCIAL SERVICES, INC., P.O. Box 4430, Bridgeton, Missouri 63044. FOR TELEPHONE CUSTOMER SERVICE, PLEASE CALL: 1-800-325-6000. Western Union® Affiliate Program Terms and Conditions
Western Union Affiliate Program
Affiliate Program
Affiliate Agreement. This Affiliate Agreement ("Agreement") is made between Western Union Financial Services, Inc. ("Merchant") and the entity or person who applied to become an affiliate of Merchant and who Merchant accepted to be an affiliate ("Affiliate").
Background Affiliate and Merchant are each enrolled in The LinkShare Network™, an online service which brings together merchants who wish to advertise their services online and affiliates who wish to place such advertisements on their web sites. Terms and Conditions Now, therefore, the parties agree as follows:
Offers and Engagements
1.1. In its discretion, Merchant may post on The LinkShare Network offers to pay Affiliate and other LinkShare participants a specified commission on Qualifying Transactions (as defined below) completed as a result of a Consumer (as defined below) linking through specific Qualifying Links. A "Qualifying Link" is a link from Affiliate's website to Merchant's online website using the specific URL provided by Merchant for such link (the "URL Mark") and through which a Consumer purchases the service(s) described in the Qualifying Link. Each Qualifying Link is identified by a unique code generated by a URL provided by Merchant and the offer tracking code generated by The LinkShare Network. Once an offer receives an identification number from The LinkShare Network, it shall be deemed to be an "Offer" for purposes of this Agreement. The term "Offer" shall also include any special or private offers by either party. 1.2. If an Offer is accepted by Affiliate and such acceptance is agreed to and confirmed by Merchant, all in accordance with the Offer's terms via The LinkShare Network, an "Engagement" is formed. Each Engagement shall be governed by the terms and conditions of this Agreement. 1.3 At any time prior to Affiliate providing a Qualifying Link, Merchant may with or without notice (a) change, suspend or discontinue any aspect of an Offer or an Engagement or (b) remove, alter, or modify any graphic or banner ad submitted by Merchant for an Offer or an Engagement
Responsibilities.
2.1. Affiliate will post Qualifying Links using the URL Mark specified in the Engagement. The position of the Qualifying Links on Affiliate's site shall comply with any requirements specified herein, but otherwise will be in the discretion of Affiliate. Merchant may remove, alter, or modify any URL Mark for any Offer or Qualifying Link at any time in its sole discretion. Affiliate agrees to promptly update any affected URL Mark on its site. Affiliate shall not, and shall not permit or assist any other party to, modify all or any part of any URL Mark or make copies of all or part of any URL Mark, except as may be expressly and clearly permitted by this Agreement. 2.2. Affiliate agrees not to make any representations, warranties or other statements concerning Merchant, Merchant's sites, any of Merchant's products or services, or Merchant's site policies, except as expressly authorized in a specific Engagement. 2.3. Affiliate is responsible for notifying Merchant and The LinkShare Network of any malfunctioning URL Mark or other problems with Affiliate's participation in the Engagement. 2.4. Consumers who click through to Merchant's site through a Qualifying Link shall experience Merchant's site exactly as presented by Merchant. Without limiting the foregoing, Affiliate shall not "frame" users' access of Merchant's site in any manner, including without limitation, with advertisements, branding or other material. Additionally, Affiliate shall not transmit any so-called "interstitials," "ParasiteWare™," "Parasitic Marketing," "Shopping Assistance Application," "Toolbar Installations/Add ons," "Shopping Wallets" or "deceptive pop ups/unders" to Consumers from the time the Consumer clicks on a Qualifying Link until such time as the Consumer has fully exited Merchant's site (i.e., no page from Merchant's site or any Merchant content or branding is visible on the Consumer's screen). As used herein a. "ParasiteWare™" and "Parasitic Marketing" shall mean an application that (a) through accidental or direct intent causes the overwriting of affiliate and non affiliate commission tracking cookies through any other means than a customer initiated click on a Qualifying Link on a web page or email; (b) intercepts searches to redirect traffic through an installed software, thereby causing, pop ups, commission tracking cookies to be put in place or other commission tracking cookies to be overwritten where a user would under normal circumstances have arrived at the same destination through the results given by the search (search engines being, but not limited to, Google, MSN, Yahoo, Overture, AltaVista, Hotbot, LookSmart and similar search or directory engines); (c) set commission tracking cookies through loading of Merchant site in IFrames, hidden links and automatic pop ups that open the Merchant site; (d) targets text on web sites, other than those web sites 100% owned by the application owner, for the purpose of contextual marketing; (e) removes, replaces or blocks the visibility of Affiliate banners with any other banners, other than those that are on web sites 100% owned by the owner of the application. 2.5. Affiliate shall not, and shall not permit any companies with links on Affiliate's site(s) to, offer for sale any illegal goods or services, pornographic or adult-themed material, get rich quick schemes, gambling or any other goods or services that Merchant, in its sole discretion, may deem inappropriate. 2.6. Except and only to the extent specifically set forth in this Agreement, Affiliate shall not acquire any right under this Agreement to use the URL Mark or the name "Western Union": (a) in any advertising, publicity, or promotion; (b) to express or to imply any endorsement of Affiliate's products or services; or (c) in any other way. 2.7. Affiliate sites that use pop ups/unders for the purpose of aiding shoppers may not use such pop ups/unders to set or overwrite a commission tracking cookie, deceive the shopper or redirect the shopper from Merchant site at anytime for any purpose. Pop ups/unders must be free of any kind of link. 2.8. Affiliate shall not at any time register or use a domain name that is derived, in whole or in part, from Merchant Properties (as defined below). 2.9. Affiliate shall not automatically set tracking cookies on the Consumer's computer in any way (i.e. only direct clicks on a Qualifying Link by a site visitor may be used as a way to initiate the creation or overwriting of a tracking cookie). 2.10. Affiliate shall not at any time use Merchant Properties in cost per click, pay per click, paid listings, paid online advertising or any other capacity within search engines or web directories; including, without limitation trademarked names and common misspellings of such trademarks. 2.11. Affiliate shall not initiate or cause in any way a "Drive by Installation" on a Consumer's computer. A "Drive by Installation" program that is downloaded or installed without the Consumer requesting such download or installation. 2.12. Affiliate shall not distribute any email containing a Qualifying Link or Merchant Properties without Merchant's prior written approval. 2.13. Any breach of any of the provisions of this Section shall be deemed a material breach by Affiliate of its Engagement and this Agreement and Merchant reserves the right to immediately terminate all Engagements and this Agreement.
Referral Fees
3.1. Merchant agrees to pay Affiliate a referral fee as specified in the Engagement if a visitor to Merchant's site (a "Consumer") completes a Qualifying Transaction. A Qualifying Transaction shall not be considered complete until such transaction has been validated through Merchant's internal system, and in no event shall a terminated transaction be considered complete; all determinations of whether a Qualifying Transaction is complete shall be made by Merchant, and shall be deemed conclusive. A referral fee shall not be paid for any Qualifying Transaction that is completed as a result of a breach by Affiliate of any provision of Section 2 above. If a referral fee is paid on a Qualifying Transaction that is later terminated or is determined to be a result of a breach by Affiliate of Section 2 above, Affiliate shall immediately repay any commission previously received for such transaction. As used herein a "Qualifying Transaction" is a Western Union Money Transfer® transaction, a Western Union® TelegramSM message, a Western Union® Quick Collect® payment or any other transaction for which Merchant agrees to pay a referral fee as defined in an Offer and if that Consumer has accessed Merchant's site and completed the Qualifying Transaction via a Qualifying Link. A "Qualifying Link" is a link from Affiliate's site to Merchant's using one of the Required URLs or any other URL provided by Merchant for use in The LinkShare Network™ if the Consumer completes a Qualifying Transaction during a Session; however, if a Consumer links from another affiliate during a Session, the Qualifying Link shall be considered to be from the last affiliate site the Consumer visited prior to completing the Qualifying Transaction. A "Session" is the period of time beginning from a Consumer's initial contact with Merchant's site via a link from the Affiliate's site and terminating at midnight mountain time on the last Return Day, as defined in the Offer. All determinations of completed Qualifying Links and whether a referral fee is payable will be made by Merchant in consultation with The LinkShare Network based upon The LinkShare Network's reports, and shall be deemed conclusive. 3.2. Merchant agrees to pay the referral fees to Affiliate on a monthly basis; provided however that a payment will not be made until Affiliate has accrued over $25 in referral fees. 3.3. Merchant shall have the sole right and responsibility for processing all orders made by Consumers. Affiliate acknowledges that all agreements relating to sales to Consumers shall be between Merchant and the Consumer.
Ownership and Licenses
4.1. Affiliate acknowledges that Merchant is the exclusive owner of the URL Mark, any trademarks, trade names, service marks and logos therein (the "Trademarks"), and any trademark incorporating all or any part of the Trademarks. Without limiting the foregoing, Affiliate hereby assigns to Merchant all right, title and interest in the Trademarks, together with the goodwill attaching thereto that may inure to Affiliate in connection with this Agreement or from Affiliate's use of the Trademarks hereunder. Affiliate agrees to execute and deliver such documents as Merchant requires to register Affiliate as a registered or permitted user of the Trademarks and to follow Merchant's instructions for the proper use thereof. Affiliate agrees and acknowledges that in the event Affiliate breaches any term or condition of this Section 4, Merchant's remedy at law will not be entirely adequate, and Affiliate hereby agrees that in the event of any such breach and commencement of an action against it by Merchant, it shall, at the request of Merchant, consent to the entry of an injunction prohibiting Affiliate use, in any way, of the Trademarks and URL Mark during the pendency of the action brought in said court by Merchant in connection with the aforesaid breach. 4.2. Except as expressly set forth herein, Merchant does not grant Affiliate any right or license in the URL Mark, the Trademarks, Merchant's sites, any Merchant merchandise or any portion of any of the foregoing (collectively "Merchant Properties"). Merchant retains all right, title and interest in the Merchant Properties, and all materials related to the foregoing, including without limitation, all copyright, trade secret, trademark and other intellectual property rights therein. Except as expressly set forth in this Agreement or permitted by applicable law, Affiliate may not copy, distribute, modify, reverse engineer, or create derivative works from the Merchant Properties. 4.3. Affiliate will not, nor will it encourage or assist a third party to, register or attempt to register as a copyright, trademark, service mark, design patent or industrial design any Merchant Properties, or derivations or adaptations thereof, or any work, symbol or design which is so similar thereto as to suggest association with or sponsorship by Merchant or any Merchant affiliate. In the event of any breach of the foregoing, Affiliate agrees, at its sole expense and at Merchant's request, immediately to terminate the unauthorized registration activity and promptly to execute and deliver, or cause to be delivered, to Merchant such assignments and ot |