Western Union Online Terms and Conditions (English law version)
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 UK bank or building society;|
|(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)||"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);|
|(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 ", "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 WUIB when performing a task which would otherwise have to be performed by WUIB in connection with its provision of the Western Union Online Service;; and, in the provisions listed in clause 15 (other than clause 9.7) and in references to ""our negligence or fraud", includes any affiliate or agent of WUIB and Western Union International Limited when performing a task which would otherwise have to be performed by WUIB 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 Web site 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 , whether as a Sender or as a Receiver.|
1. ABOUT THE SERVICE.
|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 has its registered offices at Maderstrasse 1, A-1040 Vienna, Austria, Commercial Register Number Fn 256184t at the Vienna Commercial Court; Data Protection Registry (Dvr) Number 2111221. Customers may call the number listed below for the address and hours of Agent and representative locations. WUIB may also be contacted by freephone numbers set out in Clause 5.|
|1.2||WUIB is supervised by the Austrian Financial Markets Authority (Österreichische Finanzmarktaufsicht ) "Financial Regulator", at Otto-Wagner-Platz 5, 1090 Wien +43-1 249 59 - 0. Further details of the Financial Regulator are available at www.fma.gv.at|
|1.3||The Western Union International Bank is regulated by the Financial Conduct Authority for the conduct of payment services business in the UK.|
|1.4||Western Union International Limited is an Irish registered company (number: 372428) with its registered address at Richview Office Park, Unit 9, Clonskeagh, Dublin 14, Ireland. Western Union offers money transfer services domestically and internationally. You must be of majority age to use the Western Union Online Service. Each money transfer will be given a unique identifier, the Money Transfer Control Number or "MTCN." Money transfers will normally be paid in cash, but some Agents may offer or the Receiver may elect alternative methods of receiving the funds, such as into an account or mobile telephone. The Sender authorizes Western Union to honor the Receiver's election even if it differs from the payout method the Sender specified.|
|1.5||By completing the information required to send a money transfer, by providing access to the funds to be sent as well as identification as required and by accepting the Terms and Conditions, the Sender consents to the execution of the money transfer. The Sender is required to inform the Receiver about the money transfer.|
|1.6||Regular money transfers are usually available within minutes for pick up, subject to hours of operation of the payment location. Where the "Next Day" or "2 Day" Service is available, funds will be available for collection by the Receiver after 24 and 48 hours respectively from the time the money is sent. Account-based transfers generally take 3 business days, subject to legal or regulatory requirements, though transfers to mobile wallets are often available within minutes Delays and other restrictions apply in certain countries. You can call the freephone number included in these terms and conditions for details.|
|1.7||For collection of funds in cash, all Receivers must show documentary evidence of their identity and provide all details about the money transfer required by Western Union, including name of Sender, country of origin, name of Receiver, approximate sum and any other conditions or requirements applicable at the Western Union Agent location, for example the MTCN, which is mandatory for receiving money in some countries. Cash payment shall be made to the person that Western Union or its Agent deems entitled to receive the money transfer after examination of identification documents. Cash payment can be made even when the form filled out by the Receiver contains errors. Neither Western Union nor its Agents carry out a comparison of the "To Send Money" form against the "To Receive Money" form to verify the address given for the Receiver. In some destinations the 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.|
|1.8||Applicable law prohibits money transmitters from doing business with certain individuals and 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 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 the individual on the relevant list. On occasion, customers are required to provide additional identification and other information, delaying transactions. This is a legal requirement for all transactions processed by Western Union (inclusive of transfers that originate and terminate outside of the US).|
|1.9||Transfer fees: Written information explaining how Western Union charges the Sender for making a money transfer is available from the transactional Western Union Online service website, and is shown to the Sender prior to completion of the payment order. Unless applicable law in the destination country requires otherwise, the Sender will bear all fees for the money transfer. In certain cases, payment of a money transfer may be subject to local taxes and service charges. For account based money transfer, the Receiver may incur additional fees for receiving the Sender's funds through a mobile telephone or to an account. Transfers should be sent to a local (Receiver) currency account, otherwise the receiving institution may convert the funds at its own exchange rate or reject the transaction. The Receiver's agreement with its mobile phone service, mWallet or other account provider governs the account and determines their rights, liability, fees, funds availability and account limitations. In the event of an inconsistency between the account number (including mobile phone numbers for mobile accounts) and name of the Receiver, the transfer will be credited to the account number provided by the Sender. Western Union may make money from fees associated with use of an account. Western Union accepts no responsibility to the Sender nor to any account holder for any fees, exchange rates used for conversion to non-local currency, acts or omissions of the destination or intermediary financial service providers.|
|(a)||money transfer payments will normally be made in the currency of the destination country (in some countries payment is available only in an alternate 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 rates of exchange are adjusted several times daily in line with the relevant closing rate of financial markets globally.|
|(b)||The currency will be converted at the time of transfer and the Receiver will receive the foreign currency amount shown on this form. However, in a few countries local regulations require money transfers to be converted only when they are paid. If the Sender is sending to one of these countries, the exchange rate noted above 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, mobile phone provider, or account provider) may make additional money when it changes 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 transfer in national currency. Western Union's exchange rate may be less favorable 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 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 freephone number above or on our website.|
|1.11||SMS: Western Union may offer free SMS notification in some countries to indicate that the transaction has been collected by the Receiver (for the Sender) or that funds are available for collection (for the Receiver). Charges applied by the 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 this transaction. Western Union will send SMS messages to a gateway for delivery, however delivery 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.|
2. OUR RESPONSIBILITY TO YOU.
|2.1||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 and the related information facilities described from time to time on the Western Union Online Site.|
|2.2||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.|
|2.3||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. 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 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);
and the contractual relationship between us does not extend to the benefit of the Receiver and the Receiver does not have an independent right to demand payment
|2.4||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 Receiver or failure to perform a transaction under the Western Union Online Service by reason of any of these matters.|
|2.5||We may refuse to provide the Western Union Online Service (in whole or in part) to you if to do so may breach any 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.|
|2.6||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.|
|2.7||Western Union reserves the right to change the Western Union Online Service without notice. Western Union and its Agents may refuse to provide the Western Union Online Service to any person without giving a reason, in particular to prevent fraud, money laundering or terrorist financing or to comply with any applicable law, order of a court or requirement of any regulatory or governmental authority.|
|2.8||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 4.1, 5, 7 and 14.1 below in the circumstances contemplated by those provisions.|
|2.9||We may change our Terms and Conditions from time to time. Each time you send money with Western Union, you will be provided access to a copy of our Terms and Conditions before completing the transaction. We will notify you of any change to our Terms and Conditions by posting a clear and readily accessible notice of change on the Western Union Online Site. Our Terms and Conditions were last changed in November 2013. No change which we may make will affect the terms on which you used the Western Union Online Site, or on which we provided the Western Union Online Service to you, before we posted the notice of change on the Site. No change which we may make will affect your ability to terminate your agreement with us under clause 14.1 below|
3. YOUR RESPONSIBILITY TO US.
|3.1||You agree to pay our charges for each money transfer or other transaction which you initiate or request under the Western Union Online Service. Clear information explaining our charges can be viewed at Our charges "Price It" feature, which provides the estimated cost of sending an online money transfer (inclusive of tax).|
|3.2||You must pay for the principal amount of a money transfer and our charges by using a bank card or via your bank account (where available). Each time you use the Western Union Online Service, you agree that we are authorised to charge your card issuer or your bank account (for account based transfers) 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 or your bank account will be notified to you prior to the final authorisation of the transaction.|
|3.3||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.|
|3.4||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.|
|3.5||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 4.1, 5, 7 and 14.1 below in the circumstances contemplated by those provisions.|
4. CANCELLATION, REFUNDS AND ADMINISTRATIVE CHARGES.
|4.1||Under laws relating to online contracts, you have a right to cancel your agreement with us at any time after you indicate your acceptance of our Terms and Conditions, subject to the terms of this clause. This right of cancellation continues until the expiry of fourteen days beginning on the day after your acceptance of our Terms and Conditions. You may cancel your agreement with us by:|
|(a)||telephoning us on 0 808 234 9168 or +32-(0)2 639 7103;|
|(b)||writing to us at
Western Union Internet United Kingdom
PO Box 8252
London United Kingdom
W6 0BX; or
|(c)||e-mailing us at email@example.com|
|4.2||If you exercise your right to cancel under clause 4.1 before you have sent a money transfer order to us, your agreement with us will terminate and you will not be able use the Western Union Online Service to send any money transfer orders. We will not charge you any cancellation fee.|
|4.3||If you exercise your right to cancel under clause 4.1 after you have sent a money transfer order to us, we will reimburse you in accordance with Clause 4.4 below, save that we will not reimburse you if we have paid the money transfer to the Receiver before we receive your notice of cancellation.|
|4.4||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.|
5. CUSTOMER SERVICE
If you discover any errors or have any problems with or related to the Western Union Online Site or Western Union Online Service, you can contact us by e-mail at firstname.lastname@example.org or call us on freephone number 0 808 234 9168 or +32-(0)2 639 7103.
You may also contact your local governmental office for complaints. Contact details of these offices are available at http://ec.europa.eu/internal_market/payments/docs/framework/transposition/complaints_en.pdf
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 calling us at 0 808 234 9168 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 try 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. DISCLOSURE OF PERSONAL INFORMATION TO THIRD PARTIES
By accepting these terms I declare and certify the authenticity, accuracy and completeness of the information supplied in the application and/or contract signed, as well as all documentation and photocopies of documents supplied with this application and/or contract. To this end, the Sender expressly authorizes Western Union to conduct such checks and measures that may be appropriate before any body, entity or person, public or private, in order to confirm the truthfulness of the information and/or documentation supplied along with this document.
By accepting this these terms you expressly authorize Western Union to disclose your personal information with a third party (Equifax PLC of United Kingdom, Capital House 25 Chapel Street, London NW15DS, Registered in England No. 2425920 / GB House, Kingsfield Court, Chester Business Park, Chester CH4 9GB Registered in England No. 539716218 / I-CD Publishing Ltd (UK), Unit 8 Quayside Lodge, William Morris Way, London SW62UZ, Registered in England No. 03148549), in order to examine the truthfulness and accuracy of the data contributed. Furthermore, you declare freely, unequivocally and specifically that you give your informed consent to Western Union to communicate your personal information for the purposes of including them in the a file to be shared with similar credit reference agencies if it transpires that the information and/or documentation supplied is lacking in truthfulness and accuracy.
|9.1||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 Receiver (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 willful misconduct, gross negligence or fraud.|
|9.6||Where you are sending a money transfer to a Receiver who is not registered with us, you agree to accept the provisions of this clause 9 not only for yourself, but also on behalf of the Receiver.|
|9.7||Your relationship is with WUIB and Western Union International Limited only. You agree that no affiliate or agent of WUIB or Western Union International Limited owes you any duty of care when performing a task which would otherwise have to be performed by WUIB 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 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.
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.
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.
14. TERMINATION AND SUSPENSION
|14.1||Either you or we may terminate the agreement between us upon giving not less than 1 day's notice, save that any pending transaction will continue to be governed by these terms and conditions until completion. You may send us a notice of termination by any of the means described in clause 4.1 above.|
|14.2||You shall notify us immediately if any event occurs that affects or might affect your agreement with us.|
|14.3||We may terminate our agreement with you and/or suspend the Western Union Online Service (in whole or in part) in relation to you with immediate effect and without prior notice to you if:|
|(a)||any event set out in clause 14.2 occurs, including your insufficiency of funds;|
|(b)||you are in breach of any provision of these Terms and Conditions;|
|(c)||it appears to us that you have become or are likely to become mentally incapable of managing your property and affairs, or any other event occurs which affects your legal capacity or ability to contract with us on our Terms and Conditions; and|
|(d)||your use of the Western Union Online Service or the Site is disruptive to our other customers.|
|We shall endeavour to give you prior notice of any such termination or suspension and, if it is not practicable to give such prior notice, endeavour to give notice to you of such termination or suspension as soon as possible thereafter.|
|14.4||We may immediately terminate our agreement with you and/or suspend the Western Union Online Service on the basis of information supplied to us (whether orally or in writing) that we in good faith believe to be true and that affects or potentially affects the validity of a transaction.|
|14.5||The termination of our agreement with you and/or the suspension of the Western Union Online Service shall not affect any rights or obligations arising prior to or arising during or after the date of termination or suspension or which arise in consequence of it, and all such rights and obligations shall continue to be subject to these Terms and Conditions.|
|14.6||Neither you nor we shall be liable to the other for any liabilities suffered or incurred by the other arising out of the taking of any action which you or we are authorised to take or which is otherwise provided for under these Terms and Conditions or by any restriction or requirement for use of the Western Union Online Service described on the Site, including without limitation the exercise of any powers of termination and/or suspension under this clause 14.|
|14.7||The provisions of our agreement with you shall continue to apply during any suspension of the Western Union Online Service. The provisions of clauses 1.3 to 1.6 (inclusive), 2.4, 6 to 11 (inclusive), 14, 15 and 17 (and the definitions set out above which are used in those clauses) shall survive any termination of our agreement with you.|
15. THIRD PARTY RIGHTS
The Contracts (Rights of Third Parties) Act 1999 shall not apply to the agreement between us and accordingly nothing in it shall be directly or indirectly enforceable by any third party, nor is it intended to confer a benefit on any third party. However, clauses 1.2, 2.4, 3, 9.7, 10, 11 and 17 shall also operate for the benefit of, and accordingly be enforceable by virtue of the Contracts (Rights of Third Parties) Act 1999 by, our affiliates and agents. Our agreement with you may be changed or terminated without the consent of any such affiliate or agent.
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.
17. GOVERNING LAW
Our agreement with you is governed by English law. We both agree that any dispute, claim or other matter relating to the Western Union Online Site or the Western Union Online Service will be dealt with by the English courts only.
18. DATA PROTECTION
|18.1||Your personal information is processed under the applicable laws and is controlled by Western Union. Western Union uses personal data ("Information") provided in the money transfer instruction, together with other information which is collected or generated during the course of your relationship with Western Union, such as transaction and loyalty program details, transaction history and marketing preferences, for the purposes of providing you with the requested services (including, among others, for purposes such as administration, customer service, user validation, fraud prevention and product and business development activities). Western Union may also use Information in connection with other services, products, convenience and/or rewards programs, you signed up for with Western Union or its affiliates. Western Union will hold and retain information that the Sender gives us about another person such as the details of the Receiver of the money transfer service (the "Third Party's Information") in order to execute the transaction. The provision of Information and the Third Party's Information is voluntary but necessary (subject to the provisions set out in this paragraph) to execute the transaction. Without the relevant information, Western Union is unable to execute the money transfer, facilitate convenience activities or other requested services. Western Union will use the name and address provided above to send you commercial communications by post. Also in accordance with your marketing preferences, by choosing to enter details in the optional fields, Western Union or its affiliates and business partners may send commercial communications regarding Western Unions products and services by phone/email/SMS/MMS to the Sender. By agreeing to receive communications by phone/SMS/MMS, the Sender accepts that any charges imposed on the Sender by the network provider for this service are the Sender's sole responsibility. If you do not wish to receive such communications, please contact West Union in the manner indicated below.|
|18.2||Western Union will disclose Information to third parties located outside the EEA, with whom we have a contractual relationship to protect Information such as authorized service providers, Agents and other third parties as reasonably required for the purposes indicated in these Terms and Conditions, and to carry out the money transfer or to facilitate future transactions, or to supplement Information with information from publicly available sources, such as information to validate the accuracy of your address. This also helps Western Union to understand and improve our product and service offerings. Western Union may also disclose Information to third parties, where reasonably necessary, for the purposes of the prevention and detection of crime, prosecution of offenders, for purposes of national security or when required by law. Western Union retains Information, the marketing preferences and transaction history of the Sender based on our record retention schedules for no longer than is necessary for the purposes for which the data were collected and in compliance with applicable laws. If the Sender does not perform another transaction within the retention time period, the Sender Information as well as all marketing preferences will be cancelled.|
|18.3||You consent to the Information being transferred to countries outside of the EEA, including the United States, but not exclusively, whose privacy laws may be less stringent. The Information will be transferred for the purposes indicated in these Terms and Conditions and to enable Western Union to provide the money transfer service and additional services, products and loyalty or convenience programs and also for internal purposes, such as administering the customer relationship, marketing purposes, compliance with legal requirements, research and customer analytics. 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. This data may be accessed by Western Union affiliates, as defined by applicable law, including Western Union Payment Services Ireland Ltd, Western Union Payment Services UK Limited, Western Union International Limited, and Western Union Financial Services, Inc, MT Payment Services Operations EU/EEA Ltd, MT International Operations Limited, WU Payment Services Network EU/EEA Ltd, for any of the purposes set out in these Terms and Conditions.|
|18.4||If you are an existing customer, Western Union International Limited (WUIL) and Western Union Financial Services, Inc. ("WUFSI") may already be holding Information about you from previous transactions and dealings with the Western Union network ("Legacy Information"). You consent to such Legacy Information being transferred by WUIL and WUFSI to WUIB in order to continue to manage our relationship with you and for the other purposes indicated in these Terms and Conditions.|
|18.5||You have a right to access and to ask for a copy of your Information for which Western Union may charge a small sum to the extent permitted by applicable law. You may also correct, erase or block Information which is incomplete, inaccurate or out-of-date. You may also object at any time on legitimate grounds relating to your particular situation to the processing of your Information, where the processing is not required to complete the service, by a 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 in accordance with applicable law by calling 0 808 234 9168 or +32-(0)2 639 7103* during regular business hours or alternatively by writing to the address noted below.
Western Union Internet United Kingdom
PO Box 8252
London United Kingdom
*Free calls from landlines and public phones. Some standard network charges apply from mobiles. Lines are open Monday to Friday from 8am to 5pm and on Saturdays from 8am to 1pm validate these times with local capability.