Ecuador

Western Union® Application Terms of Use

These Terms of Use apply to the use of the Western Union Application (the "Application"). The Application comprises any digital form in which the Western Union® Money Transfer^SM service is offered (e.g. through a website, through a mobile application, etc.). By using the Application you understand, know and agree to be bound by these Terms of Use. This Application is provided by Western Union International Limited, based in Ireland ("Western Union"), and the Western Union® Money Transfer^SM service is offered by Transferunion S.A. and references to "we," "us," "our" are references to Western Union.

IT IS IMPORTANT THAT YOU READ AND UNDERSTAND THESE TERMS OF USE. BY DOWNLOADING THE APPLICATION YOU INDICATE THAT YOU ACCEPT THESE TERMS OF USE. IF YOU DOWNLOADED THE APPLICATION AND DO NOT AGREE TO THESE TERMS AND CONDITIONS, IMMEDIATELY REMOVE THE APPLICATION FROM YOUR MOBILE DEVICE. ALSO, IF YOU WISH TO WITHDRAW YOUR CONSENT TO THE TERMS OF USE YOU MAY DO SO AT ANY TIME BY UNINSTALLING THE MOBILE APPLICATION. YOU KNOW, UNDERSTAND AND ACCEPT THAT THIS APPLICATION’S TERMS OF USE CAN BE MODIFIED AT ANY TIME. WE MAY MAKE CHANGES TO THESE TERMS OF USE AND IN THAT CASE, WE SHALL PUBLISH AN UPDATED VERSION IN THE APPLICATION. WE RECOMMEND THAT YOU CHECK THE APPLICATION PERIODICALLY TO REVIEW THE CURRENT VERSION OF THESE TERMS OF USE. YOU KNOW, UNDERSTAND AND AGREE THAT YOUR CONTINUED USE OF THE APPLICATION WILL BE CONSIDERED A CONCLUSIVE ACCEPTANCE OF THE MODIFIED TERMS OF USE.

1. Purpose and Application Services

The Application is available to provide you with information about and access to money transfer services offered under the Western Union brand name (the "Services"). Such Services are subject to your acceptance of the terms and conditions specific to those Services set forth below in these Terms of Use (the "Terms and Conditions of Service"). In the event of any discrepancy between these Terms of Use and the applicable Terms and Conditions of Service, the Terms and Conditions of Service shall prevail, but only with respect to such discrepancy. This Application is currently intended for and available only for use by Western Union customers. Depending on the features available in the Application in your country you may not be able to use the Application or certain Services until you have registered or logged into the Application. You know, understand and agree that you may be denied use of the Application and/or restricted from using it at any time.

2. Minors

The Application is not intended to be used by, and is not marketed to or directed at, any minor in your country.

3. Privacy

Our Privacy Statement, which you can access from the Application, describes how we collect, use and disclose personal information. Certain functions of the Application may need access to your mobile phone, tablet or other mobile device (the “Device”) and the information stored on it in order for it to function properly. You know, understand and agree that by using the Application you are giving us your consent to do so.

4. License

Western Union grants you a limited, non-exclusive, royalty-free, personal, non-transferable, non-sub-licensable, revocable right and license to access, view, use, and print the information and documentation available in the Application for your personal, non-commercial and informational use only. Except for the limited licenses and rights expressly granted to you herein, these Terms of Use do not grant you any other right or license in or under any patent, trademark, copyright, or other intellectual property or Western Union proprietary right. You know, understand and agree that this license may be terminated at any time for any reason.

5. Content

The Application may include images, text, work and other content and data owned by third parties (”Third-Party Content”). You know, understand and agree that all of the terms and conditions of these Terms of Use apply to your access to and use of Third-Party Content and you further agree to abide by the terms and conditions specific to Third-Party Content. You know, understand and agree that Third-Party Content is outside Western Union's responsibility.

All content and data available through the Application are our sole and exclusive property and/or that of third parties. You will not be able to: (a) publish, reproduce, publicly display, communicate to the public or otherwise distribute to third parties any of its content; (b) market, sell, resell or make commercial use of the Application or any of its content; (c) systematically collect or make derivative uses of the Application or its content.

You know, understand and agree that by providing us with access to information, data or content on or through the Application, including by contacting us, or by providing comments or ideas about our Services or the Application, you grant us a non-exclusive, transferable, sub-licensable, irrevocable, royalty-free, perpetual, worldwide license to store, use, copy, reproduce, modify, adapt, edit, translate, publish, present and display such content, without payment or restriction. You know, understand and agree that you will be solely responsible for any content that you provide on or through the Application or that is made available through the use of your Application account.

6. Intellectual Property Rights

The Western Union name and logo, and all logos and names related to the Application or Services are trademarks or registered trademarks of the company (or its affiliates, suppliers, associated companies or licensees, as the case may be). You acknowledge that the Application, the Services and the underlying technology used in connection with the Services contain intellectual property and confidential information. You may not use, reproduce, distribute, modify or create derivative works from, publicly display (including the transfer of content), or commercially exploit any part of the Application or the Services, or the registered or unregistered trademarks mentioned above, intellectual property or confidential information except as necessary to view the content therein and to create a reasonable number of copies of portions of such content (without modification) for your personal, non-commercial use. In addition, all page headers, custom graphics, button icons, and scripts are service marks and/or trademarks of Western Union. You may not use, reproduce, distribute, modify or create derivative works from them without our prior written consent.

All rights to, and titles and interest in the Application, the content thereof, the Services, the technology used in connection with the Services, and all technology and content created or derived from any of the foregoing is the exclusive property of Western Union (or its affiliates, suppliers, associated companies or licensees, as applicable).

7. Restrictions of Use

You know, understand and agree that by using the Application you will not: (a) permit any other person to use the Application for their benefit; (b) interfere with or circumvent any copyright or other technical protection or reverse engineering mechanism, decompile, disassemble, or otherwise extract all or any part of the Application or any software or technology or content forming part thereof; (c) take any action or use any program or device that may result in or be intended to interfere with the operation and/or functioning of the Application or to shut down, overload or collapse the Website; (d) copy, publish or redistribute any part of the Application, including by ‘caching,’ transfer or similar means; (e) send it to another person or copy or modify any part of the Application in any way; or (f) attempt to extract the source code from the Application, disassemble it or make derivative versions of it, or attempt to interrupt or decrypt transmissions between the Application and our systems.

In addition, you know, understand and agree that you should not use the Application for any of the following purposes:

(i) unlawful or illegal purposes or purposes that are fraudulent or malicious or that promote or provide information about criminal activity;

(ii) defamatory, abusive or threatening purposes or any that otherwise infringe or violate the rights of others. This includes any information that you may add or upload to the Application;

(iii) those that interfere in any way with any other user of the Application; and/or

(iv) those that knowingly introduce viruses or other malicious or harmful material or are used in connection with unsolicited communications.

8. Minimum System Requirements and Charges

You know, understand and agree that your service provider may charge you for downloading and/or accessing the Application on your Device. These charges may include, but are not limited to, roaming charges if you use the Application outside your territory of residence. You know, understand and agree that all these charges are your sole responsibility. If you do not pay bills for your Device then we assume you have the permission of the person who does so before incurring any of these charges. We shall not charge a separate fee for accessing the Application, but you know, understand and agree that you may be charged for the use of the Services that may be offered through the Application. Western Union will prominently disclose any fees charged for such Services before you are charged. The Application will only work on compatible Devices and operating systems and certain functions will only be available if your Device is connected to the Internet. Some features may also only be available with certain operating systems.

9. Use of Cookies

You know, understand and agree that Western Union may monitor and review your use of the Application and the Services, and may use “cookies,” “log files” and your “navigational data” in accordance with the Privacy Statement.

10. Support

We may provide troubleshooting support for your use of the Application and any of the Services at our sole discretion, but you know, understand and agree that Western Union is not obligated to do so.

11. Application and Services are provided “as they are” and “as available”

You know, understand and agree that the Application and its content and the Services are provided “as they are” and “as available” and, solely to the extent expressly provided under applicable law, we expressly disclaim all representations or warranties or conditions of any kind or nature, whether express or implied, and whether arising by law or otherwise in accordance with the law, by dealing or trading. This includes without limitation, any implied warranty or condition, any condition or warranty of merchantability, title or non-infringement of third-party rights and any condition or warranty of suitability for a particular purpose.

12. Links

We may provide links in the Application to other resources on the Site, including those operated by third parties. These links are provided for your convenience and you know, understand and agree that both the availability of websites and resources administered by third parties are the responsibility of third parties for whom Western Union is in no way liable.  You also know, understand and agree that the content of such third-party websites or external resources are from third parties for whom Western Union is in no way liable. Access to and viewing of third-party websites or resources is at your own risk.

13. Limit of Liability

Solely to the extent prohibited by applicable law, Western Union and its affiliates, and each of their respective directors, officers, employees, consultants and agents shall not be liable for any direct, indirect, incidental, special or consequential damages or any loss resulting from the use of, or inability to use, the Application or the Services, or from any loss or transmission of any confidential or sensitive data or information.

14. Compensation

You agree to defend, indemnify and hold Western Union and its affiliates harmless from and against any and all claims, actions, demands, losses, liabilities, damages, costs and expenses incurred due to your breach of these Terms of Use.

The Western Union® Money TransferSM service through the Application is provided in Ecuador by Transferunion S.A. located at Av. Guillermo Pareja Rolando #561 Edificio de Bronce planta baja, P.O. Box 090505. - Telephone 1800-937837, - Opening hours: Monday to Sunday from 8:00 AM to 10:00 PM , comentarios@activaecuador.com.