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Western Union® Terms and Conditions
Western Union® Quick Collect® Service Terms and Conditions
WESTERN UNION QUICK COLLECT SERVICE
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.
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)
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