Western Union Money Transfer® Service Terms and Conditions
Italy: Terms and Conditions for Western Union® Online Money Transfer Services – SINGLE PAYMENT TRANSACTION NOT COVERED BY A FRAMEWORK CONTRACT
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 FOR YOU TO 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 AND EXEMPTIONS FROM OUR LIABILITY TO YOU FOR DAMAGE THAT YOU MAY SUFFER AS THE RESULT OF A WESTERN UNION ONLINE MONEY TRANSFER. THE RESPECTIVE PROVISIONS ARE HIGHLIGHTED IN BOLD.
Our Terms and Conditions use the following definitions:
(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) "MWallet Account" refers to an electronic account that is linked to a person’s mobile phone in which money can be electronically deposited and used the same as cash.
(d) "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.
(e) "Receiver" 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);
(f) "sender" refers to the person who initiates the carrying out of a money transfer by using the Western Union Online Service;
(g) "To Receive Money" form is where the Receiver inserts the details of the money transfer from the Sender in order to pick up money.
(h) "To Send Money" form is where the Sender inserts the details of the money transfer to the Receiver in order to send money.
(i) "Transaction" refers to each money transfer that you initiate under, and each other use that you make of, the Western Union Online Service;
(j) "Western Union" "We", "Our" or "Us" refers to Western Union International Bank GmbH and Western Union International Limited and in regard to Clause 9 of the provisions to the agreement and in references made to “Negligence or Fraud on Our behalf” also includes Western Union affiliates or agents insofar as these assume operations which otherwise would have to be performed by Western Union in order to provide the Western Union Online Service;
(k) "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;
(l) "Western Union Website" or "Website" refers to the Website which We operate in order to provide money transfer services;
(m) "You", "Yours" or "Website" refers to every and any person using the Western Union Website as a Sender.
1. ABOUT US
1.1 The Western Union® Online Service is offered by Western Union International Bank GmbH (“WUIB”) in conjunction with Western Union International Limited. WUIB is an Austrian limited liability company with registered offices at A-1010 Vienna, Schubertring 11, registered with the Vienna Commercial Court under the Companies Registration Office Number 256187t. Its Data Processing Registration Number is 2111221. Western Union International Limited is an Irish company (number: TO 372428) with registered offices at Richview Office Park, Unit 9, Clonskeagh, Dublin 14, Ireland.
1.2 Customers may obtain information about the addresses and hours of operation of the agents and local representatives by calling this telephone number: +32-(0)2 639 7108. WUIB can also be contacted at the following number: +43 (0)800 29 6544; or by email sent to email@example.com
1.3 WUIB is subject to the supervision of the Austrian Financial Market Authority [Finanzmarktaufsicht] ("Financial Market Authority""), Otto-Wagner-Platz 5, 1090 Vienna, telephone number +43 1 249 59. More information about the Financial Market Authority is available on the Internet at www.fma.gv.at.
2. OUR SERVICES
2.1. Western Union Online Service offers money transfer services nationally and internationally. You must be of legal age to use the Western Union Online Service. Each money transfer is given an unique individual transaction number, the Money Transfer Control Number or "MTCN".
2.2. By completing and consenting to the information required to make a money transfer and by accepting these Terms and Conditions, the Sender instructs WUIB to execute a specific money transfer. Every individual money order constitutes a separate agreement between WUIB and the Sender which is limited to the execution of a specific money transfer. At no moment in time is a framework agreement concluded between Yourself and Us which obligates Us to execute individual and subsequent money transfers. The Sender shall inform the Receiver of the money transfer accordingly.
2.3. Subject to statutory or regulatory requirements, We undertake to make funds available for collection by the Receiver at the latest at the end of such day following the day on which the funds were received ("Day of Receipt"). For this purpose, the moment of receipt is such moment when We receive the funds to be transferred and the fees associated with said transfer. If the point in time of receipt is not on a business day of Western Union, the fund shall be deemed to have been received on the following business day. For money transferred (i) to a state outside the EEA or (ii) subject to a multiple currency conversion between the Euro and a non-Euro currency of a member state of the European Union or an EEA member state or (iii) which is not to be paid out in Euro, the funds are made available for collection by the Receiver at the latest at the end of the fourth day after the Day of Receipt. For regular money transfers the funds are normally available for collection within minutes, subject to the business hours of the respective agent location. For some countries, the service may be delayed or other restrictions may apply. If You require further information, please contact the toll-free telephone number stated in Item 1.2 of these Terms and Conditions.
2.4. The funds will only be paid out in cash if the Receiver provides adequate proof of his or her identity in addition to all transaction details required by Western Union pertaining to the money transfer, in particular the name of the Sender, the country from which the money was sent, the name of the Receiver, the approximate amount of money transferred and any and all other conditions and requirements that are mandatory at the Western Union agent location for the funds to be paid out, such as the MTCN. The payment of funds to be collected will be made to the Receiver that Western Union or its Agent deems entitled to receiving the money following verification of the identification documents. Payments may even be effected if the form completed by the Receiver contains mistakes. Neither Western Union nor its agents compare the address details of the Receiver on the "To Send Money" and the "To Receive Money" fform. At certain payment locations the Receiver may be asked to provide proof of his or her identity or answer a test question or both in order to receive the funds. Test questions do not constitute an additional security feature and cannot be used to time or delay the payment of a money transfer and are prohibited in certain countries.
2.5. Applicable law prohibits money transmitters from doing business with certain individuals or countries; Western Union is required to screen all Transactions against lists of names provided by the governments of the countries and territories in which We do business, including, by way of example and without limitation, the US Treasury Department’s Office of Foreign Assets Control (OFAC) and the European Union. If a potential match is identified, Western Union researches the Transaction to determine if the name matched is indeed the individual on the relevant list. For this purpose, Western Union is entitled to request from the Sender or the designated Receiver additional details and proof of identification which may cause the Transaction to be delayed. This is a legal requirement for all Transactions processed by Western Union (including transfers that originate and terminate outside of the US).
2.6. Transfer Fees: Written information explaining how Western Union charges the Sender for making a money transfer is available on the transactional Western Union Website and is shown to the Sender prior to completion of the payment order. The specific transfer fees for a money transaction are indicated in the “Send Money Online” field at www.westernunion.com. Simply select Your destination country, enter the amount to be transferred and click on “Calculate”. The Sender shall bear all fees due to complete the money transfer unless applicable law in the destination country requires otherwise. In certain cases money transfer payments may be subject to local taxes and service charges. The Receiver may incur additional fees for receiving the Sender’s funds through an account-based money transfer, a mobile telephone or to a bank account. Money transfers should be sent to a local (Receiver’s) currency account, otherwise the receiving institution (where the Receiver has his or her account) may convert the funds at its own exchange rate or may even reject the money transfer. The Receiver’s agreement with his or her mobile phone service provider, MWallet Account provider or other account provider governs the account and determines their rights, obligations, applicable fees, funds availability and account limitations. In the event of an inconsistency between the holder of the account number (including mobile phone numbers for mobile phone accounts) and the name of the intended Receiver, the transfer will be credited to the account number provided by the Sender. Western Union may charge additional fees associated with the use of an account for sending or receiving a money transfer. Western Union does not assume any liability pertaining to costs which the Sender or any account holder incur in conjunction with the exchange rate used for the conversion into non-local currencies or for actions or omissions on behalf of the destination or intermediate financial services provider.
2.7. Foreign exchange
(a) Money transfer payments will normally be made in the currency of the destination country (in some countries payment is available only in an alternative currency). All currency is converted at Western Union’s then current rate of exchange. Western Union calculates its rate of exchange based on commercially available interbank rates plus a margin. Most exchange rates are adjusted several times daily in line with the relevant closing rates of global financial markets. The exchange rate for a money transfer is indicated to You at www.westernunion.com after selecting the destination country in the “Send Money Online” field, entering the amount that You intend to transfer and clicking on “Calculate”.
(b) The currency will be converted at the time of the transfer and the Receiver will receive the foreign currency amount shown in this form. However, in some countries local regulations require money transfers to be converted only when they are paid out. If the Sender is sending the funds to one of these countries, the exchange rate noted is only an estimate, and the actual exchange rate will be determined at the time of payment. Western Union agents may offer Receivers the choice to receive funds in a currency different from the one the Sender selected. In such instances, Western Union (or its agents, the mobile phone provider, or account provider) may collect additional money when they convert the Sender’s funds into the currency selected by the Receiver. If the Sender chooses a payment currency different from the national currency of the destination country, the payment currency chosen may not be available at all payment locations in that country, or may not be available in small enough denominations to pay all of the money transfer. In such cases, the paying agent may pay all or part of the Sender’s money transfer in national currency. Western Union’s exchange rate may be less favourable than some publicly reported commercial exchange rates used in transactions between banks or other financial institutions. Any difference between the currency exchange rate offered to customers and the currency exchange rate received by Western Union will be kept by Western Union (and, in some instances, its agents, mobile phone provider, or account provider) in addition to the transfer fees. Additional information about exchange rates for specific destination countries can be obtained by calling the toll-free telephone number listed above or from Our Website.
2.8. For each online payment transaction, Western Union will make a receipt available for the Sender and the Receiver. The Sender can retrieve and print the receipt at any time after the receipt of the payment order.
2.9. Western Union may offer free SMS notification in some countries to indicate (to the Sender) that the transferred funds have been collected by the Receiver or that funds are available for collection (to the Receiver). Charges applied by the telephone service provider are the exclusive responsibility of the Sender or Receiver. Western Union is not responsible for any charges associated with SMS messages. If permitted by applicable law, the SMS will be sent to the Sender’s and/or the Receiver’s mobile number provided at the time of transaction. Western Union will send SMS messages to a gateway for forwarding, however forwarding is the responsibility of third parties, and cannot be guaranteed. Western Union is not responsible for technical malfunctions that occur outside of its proprietary systems.
3. OUR RESPONSIBILITY TO YOU
3.1. We declare Our willingness to provide to You the money transfer services and the respective information in accordance with the applicable law and regulation and these Terms and Conditions in the form of single payments not covered by a framework contract and to exercise reasonable care.
3.2. 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.
3.3. We do not assume any liability for:
(a) goods or services which You pay for using the Western Union Online Service, and here in particular their delivery. We strongly advise that you do not use our service to pay for goods purchased from an online seller that you do not know;
(b) malfunctions in communication facilities which cannot be reasonably considered to be under our control and that may affect the accuracy or timeliness of message 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 by Your Card Issuer;
(e) viruses originating from third parties;
(f) errors on the Western Union Site or with the Western Union Online Service that are the result of incomplete or wrong information that You or a third party provided;
(g) any unauthorised use or interception of any message or information prior to reaching the Website; or
(h) any unauthorised use of or unauthorised access to data in conjunction with Yourself or Your Transactions which We process unless such use or such access is the result of Our negligence.
The above limitation does not apply in case of wilful misconduct (dolo) or gross neglicence (colpa grave)
3.4. We are under no obligation towards You to initiate or execute a money transfer if:
(a) We are unable to obtain sufficient evidence of Your identity;
(b) We have reason to believe that the Transaction information is incorrect, unauthorised or forged;
(c) You have provided Us with wrong or incomplete information or We do not receive Your Transaction information in a timely manner in order to guarantee the timely execution of the requested money transfer; or
(d) Your Card Issuer does not authorise the use of Your Bank Card to pay for the Transaction and Our fees.
We do not assume any liability for damages caused from the non-payment or late payment of a money transfer to a Receiver or if the Western Union Online Service fails to execute a Transaction by reason of any of these matters.
3.5. We have the right to refuse to provide the Western Union Online Service to You either partially or in full if such use constitutes a violation against Western Union regulations (incl. regulations aimed at preventing fraud, money laundering or financing terrorism) and/or against applicable law, a court order or requirements of a regulatory or government authority or any other body having jurisdiction over us or, if We consider such a step necessary to protect Our own interests. If We refused to provide the Western Union Online Service (partially or in full) to You for any of the above reasons, We will notify You accordingly if possible and give reasons for Our refusal unless We are prevented from doing so for legal reasons.
3.6. We are entitled to either partially or fully cease operating the Western Union Website or the Western Union Online Service if circumstances that are beyond Our control compel Us to take such action and which We therefore consider appropriate (“Force Majeure”). If the services provided on the Western Union Website or by the Western Union Online Service should be interrupted for whatever reason (whether by Us, a third-party provider or in any other manner), We shall take adequate measures to keep the duration of this interruption as short as possible.
3.7. Our communication with You is normally conducted via the Internet and by e-mail. However, this has no effect on Your right to contact Us in any other form (see clause 1.2 above) if circumstances require this.
4. YOUR RESPONSIBILITY TOWARDS US
4.1. You declare that You are willing to pay to Us Our fees (see also Item 2.6 above) for every money transfer which You initiate via the Western Union Online Service.
4.2. You must settle the principal amount of a money transfer plus Our fees with a Bank Card or from Your bank account (insofar as WUIB permits an account-based money transfer). You consent to the basic amount of the money transfer plus Our fees for the respective Transaction being cleared by Your Card Issuer, or that this amount is transferred from Your bank account, to Us, prior to Us executing the transfer or any other Transaction. Prior to the final authorisation of the Transaction You will be notified of the precise amount which We will clear with Your Card Issuer or which We will debit from Your bank account.
4.3. You consent to and acknowledge the following:
(a) The information provided in order to effect an online money transfer is true, accurate, current and complete;
(b) You must share the transaction data (amount of money, Your name, Your country, name of Receiver and MTCN) with the Receiver only. You are obligated to ensure that no third party can gain unauthorised access to this information. We recommend that You transfer money only to beneficiaries that You know personally;
(c) You will not use the Western Union Online Service for or in connection to illegal or any Prohibited Purposes;
(e) You are personally responsible for keeping Your password and Your username safe, pursuant to Clause 6 below.
4.4. In the event of loss, theft, copy or the misuse of the transaction data (see above Item 4.3.b) You must immediately call +43(0)800 29 6544 and notify Us. Until the moment when Western Union has been notified You will be liable to Us for damage that is the result of the improper use of the transaction data if You pass such information to any person other than the Receiver of the money payment or if You facilitate the improper use of the payment instrument with fraudulent intent or violate Your duty of care intentionally or with gross negligence. In the event of a slight negligent breach of Your duty of care We will hold You liable to the maximum amount of EUR 150. Upon receipt of the notification by Western Union You are released of any further liability unless You contributed towards the misuse with the intent to defraud. You shall equally notify Us immediately upon learning of a money transfer which You did not authorise or which was executed erroneously.
4.5 You consent to and acknowledge that We may forward any particulars about You and about the services that We provided to You if necessary to regulatory or government authorities or their bodies if:
(a) we are obligated by law to do so; or
(b) we are of the opinion that such a disclosure may assist in the prevention of fraud, money laundering or other crimes.
5. CUSTOMER SERVICE, COMPLAINTS
If You detect errors or encounter problems on the Western Union Website or with the Western Union Online Service or wish to file a complaint, please contact Us by e-mail or by telephone (for contact information see Item 1.2).
6. PASSWORD AND SECURITY
Prior to the first money transfer order You will be asked to provide a password and a valid e-mail address as Your username. The password and the username must not be used by any other person than Yourself. It is Your responsibility to keep Your password and Your username safe as well as all Transactions carried out using Your password or Your username. NEVER SHARE YOUR PASSWORD WITH ANYBODY AND DO NOT WRITE IT DOWN ANYWHERE! You consent to notifying Us immediately of any unauthorised use of Your password or of Your username or of any other breach of security, by telephone at +43 800 29 6544. Once You have informed Us of the unauthorised use of Your password or Your username We will immediate take all the necessary steps to prevent any further use of this information. Prompting these steps does not make Us liable for any loss or damage that are the result of Your failure to comply with Your duty in accordance with this paragraph. However, You might be entitled to the reimbursement or credit of a certain amount from Your Card Issuer if Your Bank Card or Your bank account were used in a fraudulent manner.
7. DISCLOSING INFORMATION TO THIRD PARTIES
7.4. We reserve the right to verify the details that You provided. Western Union obtains credit ratings on the basis of mathematical-statistical processes from Deltavista GmbH, Diefenbachgasse 35, 1150 Vienna or other service providers commissioned by Us, in order to verify customer information, except credit information. You may revoke this consent pursuant to Item 7.3 at any time.
8.1. We are liable to You for the proper execution of the money transfer order in accordance with these Terms and Conditions. This means that we will refund the amount to be transferred and the service fees plus default interest as stipulated by law to You if a money transfer failed or was faulty. Insofar as You did not authorise a money transfer order We shall equally refund the amount that You were charged. The requirement for Our refund liability is, however, that You did not disclose the transaction details pursuant to Item 4.3.b of these Terms and Conditions to third parties and immediately informed Us pursuant to Item 4.4 of these Terms and Conditions as soon as You learned of the loss, theft, copying or misuse of the transaction data respect.
8.2. We assume liability for the execution of a money transfer order in the event of fault on behalf of an employee or vicarious agent acting on Our behalf, pursuant to the provisions set forth under Austrian law. The liability of Western Union, Western Union affiliates and foreign agents is excluded for cases of negligence, which does not amount to gross negligence. This exclusion does not apply in the case of death, bodily injury or impairment of health, nor in the case of violating major contractual obligations. In the case of violating ancillary contractual obligations through minor negligence Our liability is limited to replacing the typical and foreseeable damage up to the maximum amount of EUR 500 (in addition to the transferred amount and the fees charged).
8.3. Every claim for damages which You assert must be substantiated with the full available and relevant documentation.
8.4. In any event We do not assume liability for damage that is due to any unusual and unforeseeable events over which Western Union has no control and whose consequences, in spite of exercising due care, Western Union could not have avoided (caused, for example by Force Majeure, failure of telecommunication lines, civil unrest, war or other events such as industrial action or lockouts over which We have no control). This applies equally to cases in which Western Union is bound by any orders under Community legislation, national, court or administrative orders stating otherwise.
8.5. Except in cases of wilful misconduct, gross negligence, death or personal injury You consent to no Western Union affiliate owing You any duty of care when such an affiliate assumes tasks which otherwise would have to be executed by Western Union in accordance with their contractual relationship with You.
8.6. Neither are You liable to Us, nor is Western Union liable to You for damage caused by the proper exercise of Your or Our rights pursuant to these Terms and Conditions or by the use of the Western Union Online Service.
9. INTELLECTUAL PROPERTY.
The Western Union Website and the Western Union Online Service, their content and all intellectual property pertaining thereto and contained therein (including copyrights, patents, database rights, trademarks and service marks) are the property of Western Union, of Western Union affiliates or of third parties. All rights to the Western Union Website and the Western Union Online Service remain Our property and/or the property of the third party. The Western Union Website and the Western Union Online Service must be used only for the purposes permitted by these Terms and Conditions or as described on the Website. You are exclusively entitled to display and save a copy of the pages of the Western Union Website for Your personal use. Without Our express written approval You are not entitled to duplicate, publish or modify the Western Union Website, the Western Union Online Service or parts thereof, or to create derivative works from the same, to participate in their assignment or sale, to publish them in the World Wide Web or use them in any other form for any public or commercial purpose. You are not entitled: (a) to use a robot, spider, scraper or any other automated programme to access the Western Union Website or the Western Union Online Service, and/or (b) remove or modify information related to copyrights and trademarks or proprietary information published on the Western Union Website (or printed pages of the Website). The name Western Union and all other names as well as proprietary designations of Western Union products and/or services named on the Western Union Website are exclusive brands of Western Union or of other third parties. Other product, service or company designations appearing on the Website may be the trademarks of their respective owners.
10. LINKS TO OTHER WEB 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 Us or Our association with any third party resources or their contents. Links do not imply that Western Union is affiliated or associated with third parties or is legally authorised to use any trademark, trade name, logo or copyright symbol displayed in or accessible through a link, or that any Linked Sites are authorised 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. 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 hereby acknowledge that reliance upon any opinion, advice, or information displayed on or otherwise available through any Linked Site shall be at Your sole risk.
11. RIGHT TO REVOKE OR CANCEL A MONEY TRANSFER OR THESE TERMS AND CONDITIONS
11.1. You may revoke a payment order at the latest by the end of the business day preceding the Day of Receipt and by communicating this to Us by e-mail or by telephone (for contact information see Item 1.2).
11.2. In addition, pursuant to Section 8 of the Austrian Distance Financial Services Act [FernFinG], You have the right to revoke a money transfer order issued through the Western Union Website within 14 days since the date of placement of the payment order. The rescission must be declared to Us expressly and in writing by e-mail or by mail. However, this right of rescission does not apply if We have already paid out the funds to the Receiver before We received Your notice of rescission. In case of a justified revocation prior to Our having paid out the funds to the Receiver, We will refund the amount of the transfer to You and do not charge any fees.
12. ENTIRE AGREEMENT
These Terms and Conditions, jointly with all other contractual items referred to in these Terms and Conditions, constitute the entire agreement between You and Us and supersede any prior agreements which may exist between You and Us.
13. SEVERABILITY CLAUSE
If one or several of the provisions to these Terms and Conditions are invalid, unlawful or unenforceable, then this does not affect the validity of the remaining provisions.
14. COMPLAINTS, APPLICABLE LAW, JURISDICTION
14.1. Should You not be satisfied with Our services You may address Your complaint to the Joint Conciliation Board of the Austrian Banking Industry [Gemeinsame Schlichtungsstelle der österreichischen Kreditwirtschaft], Wiedner Hauptstraße 63, 1045 Vienna, or to the Austrian Financial Market Authority, Otto-Wagner-Platz 5, 1090 Vienna. You also have the possibility to enforce Your rights before the competent courts of general jurisdiction. 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/
14.2. Austrian law applies, with the exception of its conflict-of-law rules. The place of fulfilment is Vienna.
14.3. The courts of Vienna, Inner City, shall have jurisdiction for agreements not concluded with consumers in the meaning of Section 1 of the Austrian Consumer Protection Act [KSchG]. For actions of and against consumers, the courts at the domicile, the regular place of abode or the place of employment of the Sender or Receiver shall have jurisdiction.
15. ITALIAN CIVIL CODE
Pursuant to and for the purposes of Articles 1341 and 1342 of the Italian Civil Code, the Parites specifically approve the provisions under Articles 2 (Our Services), 3 (Our Responsibility To You), 4 (Your Responsibility Towards Us), 5 (Customer Service, Complaints), 6 (Password and Security), 7 (Disclosing Information To Third Parties), 8 (Liability), 11 (Right To Rescind From These Terms and Conditions), 12 (Entire Agreement), 13 (Severability Clause), 14 (Complaints, Applicable Law, Jurisdiction) of this Contract.