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Western Union® Terms and Conditions
Western Union® Prepaid Services Terms and Conditions
WESTERN UNION 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. 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. 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 (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 (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. 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. 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. 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. 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. 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. 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.
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