Terms and Conditions
Western Union Money Transfer® Service Terms and Conditions
Western Union Online Terms and Conditions (German law version)
IN GERMANY THE WESTERN UNION ONLINE SERVICE IS OFFERED BY WESTERN UNION INTERNATIONAL BANK GMBH (“WUIB”). WUIB AVAILS ITSELF OF THE WORLDWIDE NETWORK OF AUTHORIZED AGENTS AND REPRESENTATIVES OF WESTERN UNION FINANCIAL SERVICES, INC. (FOR MONEY TRANSFERS TO THE UNITED STATES, CANADA AND MEXICO) AND WESTERN UNION INTERNATIONAL LIMITED (FOR MONEY TRANSFERS TO ALL OTHER JURISDICTIONS).
WUIB’S HEADQUARTERS ARE LOCATED AT A-1040 VIENNA, MADERSTRASSE 1; COMMERCIAL REGISTER NUMBER FN 256187T AT THE VIENNA COMMERCIAL COURT; DATA PROTECTION REGISTRY (DVR) NUMBER: 2111221. WUIB’S GERMAN BRANCH IS LOCATED AT SOLMSSTRASSE 18,60486 FRANKFURT AM MAIN, GERMANY.
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 AND WESTERN UNION FINANCIAL SERVICES, INC. IS A COLORADO (USA) CORPORATION WITH A PRINCIPAL OFFICE AT 12510 EAST BELFORD AVENUE, ENGLEWOOD, CO 80112). THESE ENTITIES TOGETHER WITH WUIB ARE COLLECTIVELY REFERRED TO AS “WESTERN UNION” IN THESE TERMS AND CONDITIONS.
IF YOU ARE 18 OR OVER AND RESIDENT IN GERMANY, YOUR AGREEMENT 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; the purpose of making or receiving payment for gambling services, gambling chips or gambling credits; the purpose of making or receiving payment for banking or other financial services; or the purpose of sending a payment to yourself as the recipient;
(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; and, in the provisions listed in clause 9 and in references to “our negligence or fraud”, includes any affiliate or agent of Western Union when performing a task which would otherwise have to be performed by Western Union 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.
We may change our Terms and Conditions, if necessary, because of new legislation, legal practice or similar circumstances. 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. We assume that you agree with the change to our Terms and Conditions if you do not answer within six weeks from your first login at our Site after the change. Our Terms and Conditions were last changed on August 1, 2010. 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.
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 By completing and confirming the online order form, you authorize us to pay the funds charged to your credit card upon the request of the recipient. Subject to legal or regulatory requirements, we undertake to make the funds available for collection by the recipient within three business days. In the event that a transaction is not available within three business days, please call the number stated in clause 13.1 below for details on your transaction. You may also make use of your rights of cancellation and claim for default interest as set forth in clause 8.2 below.
1.4 The contractual relationship between us does not inure to the benefit of the recipient and the recipient does not have an independent right to demand payment. The performance of the money transfer occurs through payment in cash in the currency of the destination country. Some agents may pay by check or a combination of cash and check. In some countries, payment is available in U.S. dollars or other alternate currencies. All payments are subject to availability and the conditions applicable at the Western Union agent payment location. Regular money transfers are usually available within minutes for pick up by the recipient, subject to hours of operation of the paying agent location. In certain countries restrictions apply that can result in delays.
1.5 We do not accept any responsibility to you for:
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).
1.6 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:
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.
1.7 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.
1.8 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.
1.9 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, 6, 13.1 and 14.1 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:
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.
2.4 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:
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 4, 6, 13.1 and 14.1 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 4 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. 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 must first contact us by e-mail at email@example.com or call us on freephone number 0800 181 1797 or +32-(0)2 639 7107.
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.
6. 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 0800 181 1797 or +32-(0)2 639 7107 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 4 or this clause 6. 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.
7. DISCLOSURE OF ACCOUNT INFORMATION TO THIRD PARTIES.
7.4 We reserve the right to verify any of the information you provide. Credit information on the basis of mathematical statistical methods is obtained from Deltavista GmbH, Kaiserstrasse 217, D-76133 Karlsruhe, Germany or other service providers we engage to verify consumer information, excluding any credit advice.
8.1 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).
8.2 If a money transfer is delayed or fails, you have a right to receive a refund pursuant to clause 8.1 and may also claim default interest at the statutory rate.
8.3 Western Union shall in fulfillment of its contractual obligations be liable pursuant to the mandatory German legal provisions for fault of its associates and employees acting on behalf of Western Union. In cases of slight negligence, the liability of Western Union, its affiliates, foreign agents, etc. shall be excluded. This rule shall not be applicable in cases of death or personal injury as well as for willful misconduct or gross negligence. In case of breach of material contractual obligations, except in cases of willful misconduct or gross negligence, our liability shall be restricted to typical and predictable contractual damages not exceeding the amount of EUR 500 in addition to the amounts transferred and charged fees. Western Union shall not be liable for damages caused by force majeure, breakdown of telephone networks, civil commotion, war or other events that are reasonably not under Western Union’s control (e.g. strike, lock-out, orders by state authorities, etc.).
8.4 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.
8.5 Except in cases of willful misconduct, gross negligence, death or personal injury, you agree that no affiliate or agent of Western Union owes you any duty of care when performing a task which would otherwise have to be performed by Western Union under its agreement with you.
8.6 Neither you nor we shall be liable to the other for any liabilities suffered or incurred by the other party arising out of the taking of any action which you or we are authorized 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 clause 14 below.
9. 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.
10. 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.
11. 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.
13. CANCELLATION AND REFUNDS.
13.1 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. 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 0800 181 1797 or +32-(0)2 639 7107;
(b) writing to us at
Western Union Internet
PO Box 78540
176 02, Athens, Greece; or
(c) e-mailing us at firstname.lastname@example.org.
We will accept any notice which indicates, in whatever form of words, that you wish to cancel your agreement with us.
13.2 If you exercise your right to cancel under clause 13.1 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.
13.3 If you exercise your right to cancel under clause 13.1 after you have sent a money transfer order to us, we will reimburse any payments which you made to us before cancellation, but we will not reimburse you if we have paid the money transfer to the recipient before we receive your notice of cancellation.
13.4 Your right of cancellation under laws relating to online contracts is in addition to your right as sender upon request to us (by using any of the methods described in clause 13.1 above) to receive a refund of:
(a) the principal amount of a money transfer (at our exchange rate applicable at the time the refund is made, but no less than the nominal value of the principal amount) if payment is not collected by the recipient within 45 days; and
(b) the principal amount of a money transfer as well as any charge paid by you in respect of that money transfer if we have not made the money transfer available to the recipient within three business days (subject to legal or regulatory restrictions). You may also claim for default interest as set forth in clause 8.2 above.
14. TERMINATION AND SUSPENSION
14.1 You may furthermore terminate the agreement between us upon giving not less than 1 day’s notice. You may send us a notice of termination by any of the means described in clause 13.1 above. In case of termination, the provisions of clauses 13.2 and 13.3 shall apply accordingly.
14.2 You shall notify us immediately if any of the following events occurs:
(a) you become, or are likely to become, insolvent or are declared bankrupt;
(b) any other event which affects or might affect your ability to perform 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;
(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 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 untrue.
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 1.7 (inclusive), 2.4, 5 to 10 (inclusive), 14 and 16 (and the definitions set out above which are used in those clauses) shall survive any termination of our agreement with you.
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.
Our agreement with you is governed by German law.