|
|
 |
|
|
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.
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).
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
|
|
|
|
|