THE WESTERN UNION ONLINE SERVICE IS OFFERED BY WESTERN UNION INTERNATIONAL BANK GMBH ("WUIB") IN CONJUNCTION WITH WESTERN UNION INTERNATIONAL LIMITED. WUIB IS AN AGENT WITHIN THE WESTERN UNION AGENT NETWORK AND IS LOCATED AT A-1010 VIENNA, SCHUBERTRING 11: COMMERCIAL REGISTER NUMBER FN 256184T AT THE VIENNA COMMERCIAL COURT; VAT NUMBER ATU61347377; DATA PROTECTION REGISTRY (DVR) NUMBER 2111221. WESTERN UNION INTERNATIONAL LIMITED IS A COMPANY INCORPORATED UNDER THE LAWS OF THE REPUBLIC OF IRELAND, WHOSE REGISTERED OFFICE IS AT RICHVIEW OFFICE PARK, UNIT 9, CLONSKEAGH, DUBLIN 14, IRELAND; VAT NUMBER 6392428J.
IF YOU ARE 18 OR OVER AND RESIDENT IN THE EUROPEAN UNION (EXCEPT THE UNITED KINGDOM), YOUR AGREEMENT WITH US WILL BE MADE ON THESE TERMS AND CONDITIONS.
THESE TERMS AND CONDITIONS APPLY TO AND GOVERN YOUR ACCESS TO AND USE OF THE WESTERN UNION ONLINE WEBSITE AND THE SERVICES AVAILABLE ON THE WESTERN UNION ONLINE WEBSITE.
IT IS IMPORTANT THAT YOU READ AND UNDERSTAND OUR TERMS AND CONDITIONS BEFORE YOU ACCEPT THEM. THEY CONTAIN LIMITATIONS ON THE SCOPE OF OUR OBLIGATIONS TO YOU, AS WELL AS LIMITATIONS ON AND EXEMPTIONS FROM OUR LIABILITY TO YOU IN THE EVENT THAT YOU SUFFER LOSS AS A RESULT OF USING OUR SERVICES. WE HAVE HIGHLIGHTED IN BOLD THOSE PROVISIONS WHICH DO THIS.
As used in our Terms and Conditions, the terms:
|(a)||"bank card" refers to a Visa® or MasterCard® credit card or debit card issued by or through a bank in the European Union member state in which the Service is offered;|
|(b)||"card issuer" refers to the issuer and owner of a bank card;|
|(c)||"Prohibited Purpose" refers to any unlawful purpose; to making or receiving payments for gambling services, gambling chips or gambling credits; or to sending a payment to yourself as the Receiver in order to evidence financial soundness (RISK OF FRAUD); or sending or receiving money on behalf of someone else|
|(d)||"recipient" refers to the person identified as the beneficiary of a money transfer (whether that money transfer is initiated by a sender using the Western Union Online Service or by a person using another Western Union money transmission service);|
|(e)||"sender" refers to the person who initiates the carrying out of a money transfer by using the Western Union Online Service;|
|(f)||"transaction" refers to each money transfer that you initiate under, and each other use that you make of, the Western Union Online Service;|
|(g)||"Western Union International", "we", "our" or "us" refers to Western Union International Bank GmbH and Western Union International Limited; and in references to "our negligence or fraud", includes any affiliate or agent of Western Union International Bank GmbH and Western Union International Limited when performing a task which would otherwise have to be performed by Western Union International Bank GmbH and Western Union International Limited in connection with its provision of the Western Union Online Service;|
|(h)||"Western Union Online Service" refers to any or all of the services which are made available by us by means of the Western Union Online Site;|
|(i)||"Western Union Online Site" or "Site" refers to the website operated by us to provide online money transmission services and related information facilities; and|
|(j)||"you" or "your" refers to any person who uses the Western Union Online Site or the Western Union Online Service as a sender.|
Our Terms and Conditions were last changed in November 2016.
1. OUR RESPONSIBILITY TO YOU.
|1.1||Our agreement with you is that we will take reasonable care to provide the Western Union Online Service. As such, we agree to provide you with the money transmission services (including the Additional Services of telephone notification, home delivery and supplemental messages (where available)) and the related information facilities described from time to time on the Western Union Online Site.|
|1.2||We will generally rely without further enquiry on messages that are transmitted through the Western Union Online Site and actually received by us, unless we have actual notice that any such message is incorrect, unauthorised or forged.|
|1.3||We do not accept any responsibility to you for:|
|(a)||the goods or services which you pay for by using the Western Union Online Service;|
|(b)||malfunctions in communications facilities which cannot reasonably be considered to be under our control and that may affect the accuracy or timeliness of messages you send to us;|
|(c)||any losses or delays in transmission of messages arising out of the use of any Internet access service provider or caused by any browser or other software which is not under our control;|
|(d)||the services provided to you by your card issuer;|
|(e)||viruses caused by third parties;|
|(f)||errors on the Site or with the Western Union Online Service caused by incomplete or incorrect information provided to us by you or a third party;|
|(g)||any unauthorised use or interception of any message or information before it reaches the Site; or|
|(h)||any unauthorised use of or access to data relating to you or your transactions which is held by us (unless such use or access is caused by our negligence, fraud or failure to comply with laws relating to the protection of your data).|
|1.4||We have no obligation to you to initiate or perform a money transfer or other transaction as part of the Western Union Online Service if:|
|(a)||we are unable to obtain satisfactory evidence of your identity;|
|(b)||we have reason to believe that the transaction message is incorrect, unauthorized or forged;|
|(c)||you provide us with incorrect or incomplete information or if your transaction message is not given to us sufficiently in advance to allow for timely provision of the requested transaction; or|
|(d)||your card issuer does not authorise your use of your bank card for payment of the transaction and our related charges,|
|and we do not accept any liability for damages resulting from non-payment or delay in payment of a money transfer to a recipient or failure to perform a transaction under the Western Union Online Service by reason of any of these matters.|
|1.5||We may refuse to provide the Western Union Online Service (in whole or in part) to you if to do so may breach any Western Union policy (including policies intended to prevent fraud, money laundering or terrorist financing) and/or any applicable law, order of a court or requirement of any regulatory or governmental authority, body or agency having jurisdiction over us, or if we otherwise consider such action necessary to protect our interests. However, if we refuse to provide the Western Union Online Service (in whole or in part) for any of these reasons, we will wherever practicable notify you that we have done so and, unless we are prevented from doing so for some legal reason, we will explain why we have done so.|
|1.6||We may suspend the operation of the Western Union Online Site or the Western Union Online Service in whole or in part if, in our absolute discretion, we consider it appropriate to do so by reason of any circumstances beyond our control. We undertake that if the services provided by the Western Union Online Site or the Western Union Online Service are interrupted (whether by us, any third party service provider or otherwise) for any reason we will take reasonable care to minimise the duration of any interruption. Provided we comply with this undertaking, we shall not be liable to you for any loss or liability which may be suffered or incurred by you as a result of any such interruption, even if caused by our negligence, except where any such interruption is caused by our fraud or our gross negligence.|
|1.7||We will generally communicate with you through the Internet and by e-mail. This does not affect your right to communicate with us by any other means described in clauses 5 and 7 below in the circumstances contemplated by those provisions.|
2. YOUR RESPONSIBILITY TO US.
|2.1||You agree to pay our charges for each money transfer or other transaction which you initiate or request under the Western Union Online Service. Information explaining our charges can be viewed by using the "Price It" feature, which provides the cost of sending an online money transfer (inclusive of tax).|
|2.2||You must pay for the principal amount of a money transfer and our charges by using a bank card. Each time you use the Western Union Online Service, you agree that we are authorised to charge your card issuer for the principal amount of any money transfer and our charges relating to the relevant transaction before we perform the money transfer or other transaction. The amount that we will charge to your card issuer will be notified to you prior your final authorisation of the transaction.|
|2.3||You acknowledge and agree that:|
|(a)||when you register with us, you will provide us with true, accurate, current and complete information;|
|(b)||you will maintain and promptly update such information to keep it true, accurate, current and complete;|
|(c)||you will not use the Western Union Online Service for or in connection with any prohibited purpose;|
|(d)||you will not initiate a money transfer or other transaction under the Western Union Online Service in breach of these Terms and Conditions or any other restriction or requirement of use described on the Western Union Online Site; and|
|(e)||you are responsible for the security of your password and e-mail account log-in in accordance with clause 7 below.|
You acknowledge and agree that information about you, and the services we provide to you, may be provided by us from time to time to regulatory or governmental authorities, bodies or agencies where:
|(a)||we are required by law to do so; or|
|(b)||if we determine that such disclosure may help to combat fraud, money laundering offences or other criminal activity.|
|2.5||You agree that you will generally communicate with us through the Internet and by e-mail. This does not affect your right to communicate with us by any other means described in clauses 5 and 7 below in the circumstances contemplated by those provisions.|
3. FOREIGN EXCHANGE.
|3.1||All currency converted under the Western Union Online Service is converted at our rate of exchange. Currency is converted at the time you initiate a transaction. The recipient will receive the foreign currency amount notified to you at the time the transfer is initiated, except as provided in section 3.3 below.|
|3.2||We use an exchange rate which is comparable to rates used by bureaux de change and other retail currency exchange facilities which offer exchange of comparable amounts of currency to the general public. Our exchange rate may be less favourable than some publicly reported commercial exchange rates used in transactions between banks and other financial institutions. Any difference between the currency exchange rate offered to you and the currency exchange rate received by us will be kept by us, in addition to our charges. Additional information about exchange rates for specific destination countries can be obtained by using the Price It! feature or by calling the applicable freephone number set out in clause 5 below.|
|3.3||Money transfers will normally be paid in the currency of the destination country. In some countries, payment is available in U.S. dollars or other alternate currency. You acknowledge that when you initiate a money transfer through the Western Union Online Service, you will be required to select the currency in which you wish payment to be made to the recipient. Some Western Union agent locations offer recipients the choice of receiving the funds in a currency that is different from the one selected by you. In such cases, we may make additional money when your funds are converted into the currency selected by the recipient.
4. CANCELLATION AND REFUNDS.
|4.1||Under laws relating to online contracts, you have a right to cancel the Western Union Online Service you have ordered, at any time until the expiry of fourteen days beginning on the day after your order is placed. Please refer to the "About our Service" document for details about this cancellation right.|
|4.2||Your right of cancellation under laws relating to online contracts is in addition to your cancellation rights as Sender. As a money transfer Sender you have the following rights:|
|(a)||Western Union will refund the principal amount of a money transfer and the transfer fee upon the Sender's written request to the address above by letter or email in case:|
|(i)||the Sender cancels, no fraud is detected, the money hasn't been delivered and the Sender's credit card has not been charged; or|
|(ii)||the Sender cancels, fraud is detected, the money hasn't been delivered, and the Sender's credit card has not been charged; or|
|(iii)||the transaction is declined by Western Union; or|
|(iv)||the Sender wants to make a change, but Western Union requires the transaction to be canceled before making the change; or|
|(v)||the money transfer is not available to the Receiver within three business days, subject to conditions beyond the control of Western Union (or its Agents), such as regulatory requirements, inclement weather or telecommunications failure.
Payment of some money transfers may be delayed as a result of the application of United States or other applicable laws.
|(b)||Western Union will refund only the principal amount of a money transfer upon the Sender's written request to the address above by letter or email in case that:|
|(i)||the Receiver rejects the transfer; or|
|(ii)||the Sender cancels the transfer, no fraud is detected, and the Sender's credit card has been charged; or|
|(iii)||the Sender cancels the transfer, fraud is detected, the money hasn't been delivered, and the Sender's credit card has been charged; or|
|(iv)||payment to the Receiver is not made within 45 days.|
|To the extent allowed by law, Western Union may deduct an administrative charge from money transfers that are not picked up within one year of the send date.|
If you discover any errors or have any problems with or related to the Western Union Online Site or Western Union Online Service or wish to file a complaint, you must first contact us by any of the following means:
Alternatively, you may use Online Dispute Resolution (“ODR”). The ODR offers an out-of-court solution to disputes connected to online transactions: http://ec.europa.eu/consumers/odr/
You will be required to register with us in order to use the Western Union Online Service. Registration is subject to these Terms and Conditions.
7. PASSWORD AND SECURITY.
You will choose a password and account e-mail login upon registering with us. You are responsible for maintaining the confidentiality of your password and account e-mail login, and are fully responsible to us for all activities that occur under your password or account e-mail login. You agree to immediately notify us by contacting us of any unauthorized use of your password or account e-mail login or any other breach of security. Once you have told us that there has been an unauthorized use of your password or account e-mail login, we will take immediate steps to prevent these from being used. Subject to our taking such steps, we are not liable for any loss or damage arising from your failure to comply with your obligation under clause 5 or this clause 7. You may have a right against your card issuer to have sums refunded or recredited to you if fraudulent use is made of your bank card.
8. DATA PROTECTION.
Your personal information is processed under applicable law and controlled by Western Union International Bank GmbH. We use personal information you provide to us when using our products and services, as well as other information that is collected or generated during our relationship with you. This includes information from other services like money transfers, bill payments, loyalty or membership program details, previous use of our services history, and marketing choices. This information is used to provide you with the services you have asked for and for activities such as administration, customer service, anti-money laundering, compliance and legal duties, validate your details, to help us understand our consumers by doing analysis and research of the information we hold, to help prevent and detect fraud, debt and theft, to help us improve our products, services and operations. By providing your home telephone number, home address, email address and/or mobile telephone you expressly consent to Western Union contacting you from time to time by telephone, post, e-mail or SMS/MMS messaging and targeted or personalized messaging (e.g. on social media and other digital channels) with news, offers, services and promotions concerning Western Union Services. You understand and agree that any charges imposed by the provider of such services are your sole responsibility. You can withdraw your consent at any time.
Western Union may also use, collect from and share with other businesses that work with us, information from other products and services and convenience and/or rewards programs, for which you have registered. This information may be used for any of these purposes in this section. We will hold and retain the information that you give us about another person including the details of the receiver of our services in order to execute the transaction. Prior to providing this information you are obliged to notify and secure authorisation from the other person on our use of this information as set out in this section. The provision of this information is optional information, but needed to execute the transaction and provide these services to you. Without it, Western Union is unable to provide the money transfer, facilitate convenience activities or other requested services.
We may provide the information we hold to parties located outside the EEA, including the USA, for the purposes set out in this statement. The categories of data transferred are personally identifiable information, contact details and information relating to the money transfer, transaction history, and any other Information supplied by you. We may also provide the information to other organisations, including those that help us run our business, if there is a reasonable need to do so, to carry out or aide the money transfer, future services, or for any of the reasons or uses set out in this section. We may add to information you provide with information from other businesses or individuals, including information to validate the accuracy of your information provided by you. Western Union and our affiliates worldwide may disclose your personal information, including without limitation your name, customer ID number, address, transaction patterns and bank account information, (i) if we are required to do so by domestic or foreign law or legal process or (ii) to law enforcement authorities or other government officials (including those in this country, the United States or elsewhere) for purposes such as detecting, investigating, prosecuting and preventing crimes, including money laundering and related criminal activity, and the recipients may further disclose the information for these and other related purposes.
The information we hold may be accessed by Western Union and our affiliates including but not limited to Western Union Payment Services Ireland Ltd, Western Union International Bank GmbH, Western Union International Limited and Western Union Financial Services, Inc. for any of the reasons set out in this section or for other purposes to which you have agreed. You have a right to ask us to see and get a copy of your information, for which we may charge a small fee. You can also correct, erase or limit our use of the information which is incomplete, inaccurate or out-of-date. And you may object at any time on legitimate reasons to the use of your information, where the processing is not required to complete the service, or required by law or regulation. If you wish to exercise these rights or no longer wish to receive commercial communications from Western Union, please contact Western Union by calling 0800 900 191 (available from 8:00 a.m. to 11:00 p.m.) or alternatively by contacting us via our website www.westernunion.fr
We will refund to you any benefit which we receive as a result of any breach of our agreement with you or other wrongdoing (this means that, for example, where a money transfer has failed in such circumstances we will refund to you the principal sum and the service charge).
|9.2||If a money transfer is delayed or fails, you may have a right to receive a refund or compensation under laws relating to the provision of international money transfer services. We would be happy to provide you with the details of your rights to a refund or compensation. For such information, please call the freephone number set out in clause 5 above.|
|9.3||If any loss which you or a recipient (who is not registered with us) suffers is not covered by a right to payment under the laws referred to in clause 9.2, we will only accept liability for that loss up to a limit which is the greater of: (a) the amount of any service charge; and (b) € 500, unless otherwise agreed by us in writing. Our cap on our liability only limits a claim for loss arising out of any single transaction or related transactions, or (if a loss does not arise out of a transaction or transactions) any single act, omission or event or related acts, omissions or events. This means that if, for example, you suffer loss by reason of our failure to perform our agreement with you under two unrelated transactions, you might be able to claim up to € 1000. We do not, in any event, accept responsibility for any failure to perform your instructions as a result of circumstances which could reasonably be considered to be outside our control.|
|9.4||Any claim for compensation made by you and/or a recipient (who is not registered with us) must be supported by any available relevant documentation.|
|9.5||Nothing in this clause 9 shall (a) exclude or limit liability on our part for death or personal injury resulting from our negligence; or (b) exclude liability for our fraud, gross negligence or willful misconduct.|
|9.6||Your relationship is with Western Union International Bank GmbH and Western Union International Limited only. You agree that no affiliate or agent of Western Union International Bank GmbH or Western Union International Limited owes you any duty of care when performing a task which would otherwise have to be performed by Western Union International Bank GmbH or Western Union International Limited under its agreement with you.|
10. INTELLECTUAL PROPERTY.
The Western Union Online Site and the Western Union Online Service, the content, and all intellectual property relating to them and contained in them (including but not limited to copyrights, patents, database rights, trademarks and service marks) are owned by us, our affiliates, or third parties. All right, title and interest in and to the Western Union Online Site and the Western Union Online Service shall remain our property and/or the property of such other third parties. The Western Union Online Site and the Western Union Online Service may be used only for the purposes permitted by these Terms and Conditions or described on the Site. You are authorized solely to view and to retain a copy of the pages of the Western Union Online Site for your own personal use. You may not duplicate, publish, modify, create derivative works from, participate in the transfer or sale of, post on the World Wide Web, or in any way distribute or exploit the Western Union Online Site, the Western Union Online Service or any portion thereof for any public or commercial use without our express written permission. You may not: (a) use any robot, spider, scraper or other automated device to access the Western Union Online Site or Western Union Online Service; and/or (b) remove or alter any copyright, trademark or other proprietary notice or legend displayed on the Western Union International Site (or printed pages of the Site). The name Western Union and other names and indicia of ownership of Western Union's products and/or services referred to on the Western Union Online Site are our exclusive marks or the exclusive marks of other third parties. Other product, service and company names appearing on the Site may be trademarks of their respective owners.
11. LINKS TO OTHER WEB SITES.
The Western Union Online Site 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, us of any third party resources or their contents. Links do not imply that we are affiliated or associated with or are 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. You should direct any concerns regarding any Linked Site to such Linked Site's site administrator or webmaster. We do not represent or endorse the accuracy or reliability of, and expressly disclaim, any advice, opinion, statement, or other information displayed or distributed through any Linked Site. You acknowledge that any reliance upon any opinion, advice, or information displayed on or otherwise available through any Linked Site shall be at your sole risk. We will not be liable for any potential issues regarding security, viruses or unwanted email that you may encounter outside the direct control of the Western Union Online Site.
12. ENTIRE AGREEMENT.
These Terms and Conditions, together with all other matters incorporated into these Terms and Conditions by reference, embody the entire agreement and understanding between you and us and supersede and terminate all prior agreements or understandings you may have with us.
We have the right to transfer, assign or delegate our rights and/or responsibilities in whole or in part under our agreement with you to an affiliated company, or any third party, at any time without your consent unless such transfer would reduce your rights and/or remedies or increase your responsibilities and/or liabilities under your agreement with us. You may not transfer your rights and/or responsibilities under your agreement with us without our prior written consent.
In the event any one or more of the provisions 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.
15. GOVERNING LAW AND VENUE.
Our contract with you (as well as the relationship between us before we contract with you) is subject to Austrian law, without prejudice to rules in force in the your country of residence which afford greater protection. We agree that as a consumer, within the meaning of the Austrian Consumer Protection Act (KSchG) or within the meaning of consumer law of your place of residence if more favourable to you, at our discretion either the competent court at the place of your residence, habitual residence or work, shall have the right to hear and decide any dispute between us.