CONSUMER FRAUD ALERT: PROTECT YOURSELF, BE CAREFUL WHEN A STRANGER ASKS YOU TO SEND MONEY, ESPECIALLY FOR INTERNET AUCTIONS, NEWSPAPER OR TELEPHONE OFFERS. Western Union does not guarantee delivery or suitability of goods or services paid for with Services. Western Union is not an escrow service provider. Customer and Receiver agree not to use Services for escrow purposes.
THE SERVICES, AS DEFINED BELOW, ARE PROVIDED TO YOU SUBJECT TO THE FULL TERMS AND CONDITIONS AND APPLICABLE LAW.
1. WHEN YOU SEND MONEY WITHIN THE U.S. OR ITS TERRITORIES ("U.S."), WESTERN UNION®, VIGO® AND ORLANDI VALUTASM ("OV") MONEY TRANSFER SERVICES (COLLECTIVELY, THE "SERVICE(S)") ARE PROVIDED BY WESTERN UNION FINANCIAL SERVICES, INC. ("WUFSI"). WHEN YOU SEND MONEY OUTSIDE THE U.S., SERVICES ARE PROVIDED JOINTLY BY WUFSI AND WESTERN UNION INTERNATIONAL SERVICES, LLC ("WUIS"). THE U.S. PORTION OF THE SERVICES ARE TYPICALLY PROVIDED THROUGH A WESTERN UNION, VIGO, OR OV AGENT. WUIS PROVIDES THE NON-U.S. PORTION OF THE SERVICES. ALL PORTIONS OF THE SERVICES (U.S. AND NON-U.S.) ARE SUBJECT TO THESE TERMS AND CONDITIONS ("AGREEMENT") AND APPLICABLE LAW. Additional information regarding the Services may be obtained in this Agreement, at wu.com, vigousa.com and orlandivaluta.com, depending on the Services you choose. As used in this Agreement, "WU" or "Western Union" refers to WUFSI for transactions sent within the U.S., and WUFSI and WUIS for transactions sent outside of the U.S., and "Agent(s)" refers to U.S. agents of WUFSI and/or international agents or representatives of WUIS, as applicable. Service and funds availability depend on certain factors including the Service selected, the selection of delayed delivery options, special terms applicable to each Service, amount sent, destination country, currency availability, regulatory or consumer protection issues, identification requirements, delivery restrictions, agent location hours, and differences in time zones. "Receiver(s)" or "Final Receiver(s)" means the recipient designated by the consumer ("You" or "Your") to receive funds sent by You in the Expected Payout Location ("EPL"). For transactions sent within the U.S., EPL generally means any Agent location in the destination state or U.S. territory You identify. For transactions sent outside the U.S., EPL generally means any Agent location in the destination country You identify. The Services offered by Telecomunicaciones de Mexico ("Telecomm") are only available at Telecomm locations. Receiver will normally receive funds in cash, check, or a combination thereof; with some Services, funds may be credited to a bank account, prepaid, debit or credit card ("Card(s)"), mobile wallet ("MWallet(s)"), or similar account (collectively, "Account(s)"). Receiver may be able to elect a payout method that differs from the payout method You specify; You authorize WU to honor Receiver’s election of payout method. Receivers who choose to receive funds through a payout method other than cash or in a currency other than the one You selected may incur additional fees to access funds. Certain countries and/or jurisdictions may impose a tax, fee and/or tariff on Receiver's receipt of, or access to, transferred funds. Transactions may be reported to applicable authorities. Messaging and notification services may be included for additional fees. In some destinations Receiver may be required to provide identification, a test question answer or both to receive funds in cash. Test questions are not an additional security feature and cannot be used to time or delay the payment of a transaction and are prohibited in certain countries. WU RELIES ON THE INFORMATION YOU PROVIDE US TO SEND MONEY. PLEASE REVIEW ALL TRANSACTION DETAILS FOR ACCURACY BEFORE CONTINUING YOUR TRANSACTION.
2. ADMINISTRATION CHARGE: Transactions not picked up or canceled by You within 1 year of the send date will be assessed a non-refundable administration charge of up to $0.50 per month from the send date, not to exceed $42.00, 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).
3. REFUNDS: Subject to applicable law: (i) transactions may be canceled for a refund of the transfer amount, unless the funds have been picked up or deposited at the time WU receives Your written request; (ii) for certain services, excluding WU's bill payment and prepaid products and services, WU may provide a transfer fee refund if funds are not available within the specified timeframe; and (iii) WU may charge You a fee to refund the transfer amount back to You in those instances where Receiver rejects Your funds. Qualifying refunds for transactions within the U.S. will be made within 45 days of receipt of Your valid written request. WU may issue Your refund through a Western Union money transfer or WU may issue the refund to the credit / debit card or bank account that was used to pay for the transaction. In lieu of receiving the refund by a Western Union money transfer, You may request WU to mail You a check in the amount of the refund.
SPECIAL TERMS FOR INTERNATIONAL TRANSACTIONS: Notwithstanding the foregoing, and subject to applicable law, international transactions may be canceled for a full refund of the transfer amount and fees paid within 30 minutes of payment, unless the funds have been picked up or deposited. You may also receive a full refund in certain circumstances if You successfully assert an error or as otherwise provided under applicable law.
4. RESOLUTION OF DISPUTES: Unless You opt out as set forth below, any dispute arising from or relating to this transaction shall be resolved by final and binding arbitration. The arbitrator shall also decide what is subject to arbitration. The arbitration will be administered by National Arbitration and Mediation ("NAM") under its Comprehensive Dispute Resolution Rules and Procedures, which are available at www.namadr.com/downloads.cfm or by writing to 990 Stewart Ave., 1st Fl., Garden City, NY, 11530, and explain how to initiate arbitration. You will be responsible for up to $125 of the administration fees. WU may reduce this amount if You demonstrate hardship. This Agreement is governed by the Federal Arbitration Act, and any award shall be subject to judicial confirmation. Any arbitration shall take place on an individual basis; class actions or arbitrations are not permitted. If any part of this paragraph is deemed invalid, it shall not invalidate the other parts. If NAM is unavailable, the parties or a court will select another arbitrator. You may opt out of arbitration within 30 days after initiating a transaction by calling 1-800-325-6000 (WU), 1-866-519-0433 (Vigo) or 1-800-515-5505 (OV). IF YOU DO NOT OPT OUT, YOU WILL WAIVE ANY RIGHT TO A TRIAL BY JURY OR JUDGE IN COURT AND ANY RIGHT TO PARTICIPATE IN A CLASS ACTION.
5. LIMITATIONS OF LIABILITY: TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: (1) IN NO EVENT SHALL WU 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 transfer amount and transfer fee and except as provided in California Financial Code § 2102); and (2) IN NO EVENT SHALL WU OR ITS AGENTS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR THE LIKE.
6. INTERNATIONAL TRANSACTIONS, CURRENCY EXCHANGE: When You send money outside the U.S., You are contracting with both WUFSI and WUIS, which are conducting two separate money transfer transactions in order to make the money available to Final Receiver. In the first transaction, You are engaging WUFSI and its Agents to collect Your money and make it available to WUIS. In the second transaction, You are engaging WUIS to convert Your money into the correct currency and make the funds available to Final Receiver outside the U.S. In addition to the transfer fees, which are charged by WUIS, a currency exchange rate will be applied. U.S. currency is converted to foreign currency at an exchange rate set by WU unless the laws of the EPL do not permit WU to set an exchange rate. Any difference between the rate given to You and the rate received by WU will be kept by WU (and, in some cases, its Agents) in addition to the transfer fees. Subject to applicable law, the actual or estimated currency exchange rate applicable to Your transaction will be provided on the written disclosures provided to You by WU. Payouts will generally be made in the national currency of the EPL ("Local Currency"). In some countries, You may designate a payout currency other than the Local Currency; however, the alternate currency You choose may not be available at all Agent locations. WU is not responsible for the currency exchange rate that will be applied if Final Receiver chooses to receive a currency other than the currency You selected.
7. SPECIAL TERMS FOR TRANSACTIONS TO ACCOUNTS: Where available, WU may allow You to credit a Receiver's Account. The Account provider may impose additional fees on Receiver for receiving the funds into an Account. Unless required by applicable law, WU accepts no responsibility to You nor to any Account holder, for any fees imposed on Receiver by the Account provider. If the currency You select to send to an Account is not the currency in which the Account is denominated, the Account provider may convert the funds at its own currency exchange rate or reject the transaction. Receiver's agreement with the Account provider governs Receiver's rights, liabilities and fees (including fees to transfer cash out of a Card or MWallet), and the Account provider may impose its own restrictions regarding funds availability, limits that may be transferred to or held in Accounts, hours of operations, holidays or other limitations. In most cases, Receiver must be enrolled in a Card or MWallet program in order to receive a transaction. A Receiver who is not enrolled in a Card or MWallet program may be able to receive funds at an Agent location and may be subject to additional requirements. WU may make money from fees associated with use of a Card or MWallet. Neither WU, nor its Agents, endorse or recommend the services of any Card or MWallet provider.
IMPORTANT NOTICE FOR TRANSACTIONS TO "ACCOUNTS" (AS DEFINED ABOVE): PLEASE MAKE SURE THE ACCOUNT NUMBER, BANK DETAILS, CURRENCY SELECTED, AND/OR CARD OR MOBILE PHONE NUMBER ARE CORRECT BEFORE SENDING. OTHERWISE, MONEY MAY BE SENT TO THE WRONG ACCOUNT AND MAY NOT BE RECOVERED.
8. SPECIAL TERMS FOR TRANSACTIONS FROM ACCOUNTS: Where available, Western Union may allow You to pay for the Services by using an Account. The bank or other provider of an Account, including card issuers (the "Account Provider") may impose additional fees on Your Account. The agreement with the Account Provider governs use of an Account and provides the rights and liabilities of the holder of the Account. Unless required by applicable law, Western Union accepts no responsibility to You or any Account holder for any fees imposed by an Account Provider. If the currency You select for Your transactions is not the currency in which an Account is denominated, the Account Provider may convert the funds at its own currency exchange rate or reject the transfers. Your use of an Account must be limited to personal or individual use only and not for use by or on behalf of any business or legal entity. Western Union may use the Automated Clearing House ("ACH") network, book transfer, electronic funds transfer, wire transfer or other methods to process transactions relating to an Account. Western Union is not responsible for actions taken by the Account Provider, such as improperly posting the transactions. The total due is payable before Western Union processes the transactions. If Western Union does not receive authorization from the Account Provider, the transactions will not be processed, and funds will not be transmitted to the Final Receiver. Each time You use your Account to pay for Services, You agree that Western Union is authorized to charge Your Account for the total disclosed to You relating to the transactions.
IMPORTANT NOTICE FOR USING YOUR ACCOUNT TO PAY FOR THE TRANSACTIONS: By initiating the transactions from an Account, You (i) affirm You are the owner of the Account and have authority to initiate the transaction and (ii) authorize Western Union to initiate electronic debits and credits to Your Account to process and correct errors and resubmit the debit or credit, according to applicable rules, if a transaction cannot be completed. Western Union may by law be liable for damages caused by its failure to debit Your Account in accordance with these terms and conditions, in the correct amount or in a timely manner when properly instructed by You. However, Western Union will not be liable where: (1) You do not have enough money available in Your Account; (2) Your Account is closed or withdrawals restricted; (3) the transaction exceeds dollar or frequency limitations imposed by Western Union or Your Account Provider; (4) circumstances beyond Western Union's control (such as flood, fire, power outages, mechanical or system failures); (5) Your Account Provider does not honor the transactions, the transactions are not processed or the transactions are returned by Your Account Provider; (6) Your instructions are lost or delayed in transmission to Western Union; (7) Western Union fails to process your transactions because of a reasonable security concern or the Service option has been discontinued or suspended, or Western Union otherwise advises You that Your request will not be processed; and (8) other exceptions allowed by applicable law.
9. IDENTITY AND LOCATION VERIFICATION: YOU AUTHORIZE WESTERN UNION TO REQUEST YOUR MOBILE CARRIER TO USE YOUR MOBILE SUBSCRIBER DETAILS FOR VERIFYING YOUR IDENTITY. THOSE DETAILS MAY INCLUDE NAME, BILLING ADDRESS, EMAIL, AND PHONE NUMBER. THIS INFORMATION MAY ALSO INCLUDE LOCATION INFORMATION, IF AVAILABLE.
10. USE OF THE WESTERN UNION WEBSITE, MOBILE DEVICE AND TABLET SERVICES:
A. LOCATION BASED SERVICES: You acknowledge and authorize that information concerning the location of your mobile device, tablet or computer may be used to assess location. Location may be obtained at any time while logged into the website, mobile and tablet devise sites and applications (the “Website”). You expressly agree that You authorize Western Union to collect and use Your location as a part of the Western Union Website and eligibility for use of the Website.
B. INTELLECTUAL PROPERTY: The Western Union Website, the Services, the content, and all intellectual property therein (including but not limited to authors, patents, database rights, trademarks and service marks) are owned by Western Union, its affiliates or third parties, and all right, title and interest therein and thereto shall remain the property of Western Union, its affiliates and/or such third parties. The Website and Services may be used only for the purpose permitted by these Terms and Conditions. You may view and retain a copy of the pages of the Website only for Your own personal, non-commercial use. 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 Website, the Service or any portion thereof for any public or commercial use without the express written consent of Western Union. You shall not (i) use any robot, spider, scraper or other automated device to access the Website or Service; or (ii) remove or alter any author, trademark or other proprietary notice or legend displayed on the Website (or printed pages thereof). The name Western Union and other names and indicia of ownership of the 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 owners.
C. LINKS TO OTHER SITES: The 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. Links do not imply that Western Union is associated with or 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.
11. GENERAL: This Agreement, together with all items incorporated by reference, embodies the entire understanding among the parties. It supersedes all prior understandings and cannot be modified orally. WU has the right to assign this Agreement to any party, at any time without Your 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 version controls if there is an inconsistency between English and non-English Agreement versions. You and Receiver represent that Your use of Services does not violate: (a) any law, including, without limit, laws relating to money laundering, illegal gambling activities, support for terrorist activities or fraud; and/or (b) this Agreement. Information provided to WU shall be truthful and complete. You shall indemnify WU and its Agents for all losses of any kind (including attorney fees) arising out of any Agreement breach by You or Receiver. WU reserves the right to change Services without notice. WU and its Agents may refuse to provide Services to any person.
12. PRIVACY: We may collect and disclose personal information to third parties as explained in our Privacy Statement. To get a copy, visit wu.com or email firstname.lastname@example.org. We collect personal information, for example, when You transact with us (e.g., using the Services) and other companies; submit information on applications, forms, and by other means; use or visit our or other apps or online sites; enter a promotion; register for communications; or join a loyalty program. We also collect information from many sources and may collect, track and combine information across devices, platforms and channels. Information disclosed may include financial data (e.g., information on transactions with us and other financial matters), contact information, identification, computer, mobile device and social network information. Recipients may include financial and non-financial companies, service providers, government agencies and direct marketers. You may direct us to limit certain disclosures, and Your choice will apply until You change Your choice or we delete Your data. To limit disclosures (opt out), email email@example.com>
13. CONSUMER FRAUD ALERT: PROTECT YOURSELF. BE CAREFUL WHEN A STRANGER ASKS YOU TO SEND MONEY, ESPECIALLY FOR INTERNET AUCTIONS, NEWSPAPER OR TELEPHONE OFFERS. WU does not guarantee delivery or suitability of goods or services paid for with Services. WU is not an escrow service provider. You and Receiver agree not to use Services for escrow purposes.