T&C
WESTERN UNION INTERNATIONAL LTD. (Effective March 2007)
Western Union Card Programme Agreement
Important Information for Participants in the Western Union Card Programme
This Western Union Card Programme Agreement (“Agreement”) contains the terms and conditions governing the Western Union Card Programme (“Programme”). The informations herein, the terms and conditions and the application form are in English and all communication will be held in English, unless you request a German translation of the terms and conditions and the application form and that all communication will be held in German. The terms “Western Union” “we” “us” and “our” used in this Agreement mean Western Union International Ltd., Richview Office Park, Unit 9, Clonskeagh, Dublin 14, Ireland, registered at the Irish Companies Registration Office as a limited liability company with registered number 372428. “You” and “your” means the person to whom a Western Union Card is issued pursuant to this Agreement (“Card”). “Receiver” means each person to whom money is sent on your behalf by us or our agent. “Sender” is each person from whom you receive money through us. “Participating Agent location” means a Western Union Agent location that participates in the Programme. Section 15 contains information as to how you may obtain a list of Participating Agents.
1. This is Your Contract With Us.You should read this Agreement and keep it for your records. By using the Card or by otherwise participating in the Programme, you agree to the terms of this Agreement. If you do not agree, please either return the Card to any Participating Agent location or destroy the Card immediately. Your Card is required to perform any Programme transactions. Your Card remains the property of Western Union and must be returned to us immediately upon our request in case of abuse, cancellation of the contract or ending of the Programme. To benefit from all its advantages your Card can only be used by you. Its use is subject to the terms of the Agreement. This Card is personal and cannot be shared.
2. Description of The Programme.
A. Convenience: The Programme allows you to request completion of Western Union Money Transfer transactions at Participating Agent locations (“Qualifying Transaction”) more conveniently. The Programme allows you to provide information about yourself via this application form and each time you send or receive money via a Qualifying Transaction, which we will store electronically by means of a database, which will be managed by Western Union so that it will be available automatically at Participating Agent locations whenever you present your Card. The list of Participating Agent Locations can be obtained by contacting the Western Union Card Programme Customer Service Centre on 00800 3940 3940 (free call from fixed and public phones. Charges may apply for other calls), or by contacting the Western Union Card Programme in writing, as set forth in Section 15. All money transfers that you initiate using the Programme are subject to the terms and conditions set out in this Agreement, as well as the terms and conditions applicable to Qualifying Transactions initiated at Participating Agent locations where you send/receive the money transfer (these terms and conditions appear on the “To Send Money” and “To Receive Money” forms available from Participating Agent locations). In order to use the Card and participate in the Programme, you must fulfil all requirements pursuant to law, to enable you to send/receive money transfers in a particular country.
B. Rewards: The Programme enables you to earn points based on the fee paid for each Qualifying Transaction sent from Participating Agent locations (“Points”), as described herein. The required amount of the transaction for each point can be found in the Welcome Pack enclosed with these terms and conditions. Information on the reward scheme can be found also at participating agent locations. In order to qualify for Points, you must: i) present your Card at the beginning of each Qualifying Transaction; ii) complete the transaction at a Participating Agent location; iii) if required by local laws, present valid identification which bears the same name as the name which appears on your Card (and any other information required by the Participating Agent location); and iv) satisfy all other requirements of the Programme. Your Points will be added to your Card at the time each Qualifying Transaction is completed. Points are not earned for transactions performed by you over the internet or when you receive money transfers or for payment services transactions, known as “Quick Pay”. The current amount of the points on your Card is available on request by contacting the Western Union Card Programme as set forth below under section 15
3. Participation in the Programme. The Programme is open to individual people private individuals who are 18 years and older and have a main residence at a valid address in Germany. Only one application per person will be accepted. We may, in our discretion and always according to the legal imperatives in force, refuse to accept your application if you do not satisfy our application criteria from time to time.
4. Obtaining Points for Transactions without Your Card. If you carried out a Qualifying Transaction but did not use your Card, you may still acquire Points by sending a legible copy of your send transaction receipt, which includes the Money Transfer Control Number (MTCN) and your Card number to us at the address in Section 15 below. Western Union reserves the right not to issue Points if it cannot verify the transaction, read the transaction receipt or the Card number provided or otherwise reasonably determine that the transaction did not qualify for Points.
5. Redeeming your Points. Once you accumulate the requisite number of Points for the available rewards you may redeem your Points by contacting us at the number and address provided in Section 15 below and also by contacting the customer call centre number provided on the back of your card. The rewards and required number of Points to redeem such rewards are subject to change at Western Union's discretion, based on objective commercial factors and normal market restrictions. Points accumulated on the Western Union Card cannot be redeemed until an application form has been completed, signed and returned to Western Union and accepted by Western Union. A certain minimum number of Points may be required to redeem rewards. Information about the required points to redeem as well as the rewards can be obtained by contacting the Western Union Card Programme as set forth below under section 15.
6. Rewards and Benefits. The rewards represented in this communication are for illustrative purposes only and may be different from those actually offered by us to you in return for Points. All rewards and benefits offered are subject to change and availability or cancellation without any prior notice from us, while local restrictions and alterations may apply. Any substitute rewards will be of a similar or greater quality and value to those offered. If any of the items that you receive are damaged or faulty in material or workmanship on receipt, Western Union will send you replacements provided that you return the damaged or faulty items and their packaging to Western Union. All such replacements are subject to availability and may be substituted with items of a similar or greater quality and value.
7. Phone time offer. Any reward comprising phone time is valid for domestic and international calls. The phone time is provided by BBG Communications Inc and not by Western Union. You should note that Personal Identification Numbers (PINs) provided by BBG Communications Inc are subject to expiration 12 months from start of use. Telephone service to a few international destinations may occasionally be unavailable or limited for reasons beyond the control of the third party supplier. When calling from a mobile phone, and/or a public phone there may be a connection charge.
8. Important Information about your Points. Points expire two years from date of the Qualifying Transaction. Any Points earned on your Card will be forfeited when your Card is cancelled, closed, revoked, found to be fraudulent or declared void under law. Points do not constitute a credit balance to your account or your Card. Points have no cash value and will not earn interest and are not insured against loss. Points cannot be purchased, sold, combined or transferred in any way. Maintaining the Card and the Points are your sole responsibility. Rewards will not be replaced if lost or stolen nor will Points used to redeem such Rewards be recredited to your account.
9. Your Right to Receive Documentation of Transactions. You will receive a receipt at the time you make any transaction at a Participating
Agent location.
10. Application for theWestern Union Card. You apply for enrolment in the Programme by returning a completed and signed application form. Application forms are available by contacting us set out in Section 15.
11. Temporary Card. Your permanent Card will replace your temporary Card. The Points, which you earned with your temporary Card, shall be transferred onto your permanent Card.
12. Communications. By providing your email address and/or mobile telephone number as part of the application process, you expressly consent to Western Union sending communications to you via email and/or SMS and/or MMS. You are responsible for any applicable charges imposed by your service provider. If you subsequently wish to withdraw your consent, please contact us as set forth in Section 15 below.
13. Data Protection and Disclosure of Account information to
Third Parties. By participating in this Programme, you agree that Western Union and its Participating Agent locations may store, retrieve, access, process transmit and otherwise use information provided in connection with your participating in the Programme. Western Union may hold your data in the EEA or elsewhere in order to administer your Card. To the extent permitted by applicable law, Western Union may contact you regarding our products and services which we believe may be of interest to you and Western Union may disclose the information that you have provided to others who may contact you about products and/or services relating to your participation in the Programme. If you do not wish to be contacted by parties other than Western Union, its affiliates and Participating Agent locations or if you do not wish to be contacted with the details of our products and/or services, please contact Western Union at the address provided in Section 15 below.
14. Our Liability to You. Except in the case of intent (“Vorsatz”) and gross negligence (“grobe Fahrlässigkeit”),, WESTERN UNION SHALL
NOT BE LIABLE TO YOU FOR DAMAGES FOR DELAY, NON-DELIVERY, NON-PAYMENT OR UNDERPAYMENT OF YOUR TRANSACTION BEYOND THE SUM EQUIVALENT TO 500 (in addition to refunding the principal amount of the payment and the transaction fee), unless you have specifically obtained a higher liability limit by calling the Western Union telephone number set out in Section 15 below and paying an additional fee in relation to that higher liability limit. If Western Union or any Participating Agent accepts payment from you in any form other than cash,Western Union has no obligation to make payment to your Receiver if the form of payment from you is uncollectable and has no liability for damages as a result of any ensuing non payment. Western Union shall, not be responsible or liable for any products which are provided to you by a third party supplier, the provision of which shall be subject to that supplier's terms and conditions.
15. Contacting Western Union. To obtain a copy of the Personal Data, to correct or cancel any incorrect Personal Data, to object to the use of your Personal Data, to change your data privacy election, to obtain a list of the Participating Agents, to obtain an application form or to redeem your points or to make a complaint, please send a written request to Western Union Card Program, C/O Teleperformance Austria GmbH Bräuhausgasse 7-9 A-1050 Vienna, Austria attaching a photocopy of your identity card (DNI) and any documentation that supports your request. To withdraw (“Rücktritt”) from the Programme send a written notice to the above mentioned address of Western Union Card Programme. The withdrawal period ends 14 days after the conclusion of the contract. To report a lost or stolen Card, to request a Replacement Card, or with any other questions about the Programme not relating to the Personal Data you may call Western Union on 00800 3940 3940, free call from fixed lines and public phones during regular business hours or write toWestern Union Card Program, C/O Teleperformance Austria GmbH Bräuhausgasse 7-9 A-1050 Vienna, Austria. You may also call the customer call centre number provided on the back of your card to receive information about your card.
16. Foreign Exchange. The payment of transferred funds may be paid out in a currency different from the sending currency. In addition to the transfer fees applicable to each money transfer, a specific exchange rate as established by Western Union shall apply to transfers where the sending and receiving currency differ. Any difference between the ex change rate established by Western Union and the exchange rate obtained byWestern Union shall be retained byWestern Union (including any group companies, agents or correspondents as applicable). Western Union will convert the currency at the exchange rate that it established when the sender forwards the funds. However, for transfers to Certain countries (information available at Agent Locations) Western Union will convert the currency at the exchange rate established at the time the recipient withdraws the funds.
17. Dormancy. If you do not use your Card for a period of two years, we may suspend your participation in the Programme without notice to you.
18 Assignment. Notwithstanding any other provision in this Agreement, you may not assign or transfer this Agreement or your Card or allow others to use your Card without our prior written consent. However, you will be responsible for any unauthorised use of your Card unless and until you report it lost or stolen to Western Union at the address set forth above under section 15. Western Union may freely assign this Agreement to group companies as part of a commercial restructuring.
19. Governing Law. This Agreement shall be governed by and construed in accordance with German law.
20. Amendment. We may, from time to time, amend the terms of this Agreement with prior written notice to you, should objective commercial considerations require. The modified terms of this Agreement can be obtained by contacting the Western Union Card Programme as set forth below under section 15 By initiating a Western Union money transfer transaction or by receiving a money transfer using your Card after this Agreement is amended or changed, you will be agreeing to any such amendment or change. Should you not accept any modifications to this Agreement, you must notify Western Union in writing within 15 days, such notice giving rise to the termination of this Agreement. At any time, you may obtain a copy of this Agreement, as amended, by writing to Western Union at the address set out in Section 15, or from most Participating Agent locations.
21. Cancellation. Either party may cancel this Agreement at any time by giving the other party at least 30 days' notice in writing. Cancelling this Agreement will not affect your obligations under this Agreement to the extent that such obligations are capable of surviving the termination of this Agreement.
22. Printed Receipt. At some Western Union representative locations, the customer money transfer form to be filled-in manually may be replaced by a printed customer receipt including the transaction details provided through the Card and verbally. This printed receipt will only require your verification and signature. In that situation, the transaction information may be stored in Western Union's system before the receipt is generated; however, the transaction details can be modified without prejudice before you sign the receipt, provided the transaction is still unpaid.
23. Money Transfer Terms and Conditions Modifications. Western Union money transfer terms and conditions may vary from time to time. The updated terms and conditions are on the back of the money transfer receipt and are also available at the point of sale on request.
24. Fraud. Protect yourself from customer fraud. Be careful when a stranger asks you to send money.
25. Extrajudicial Complaints or Conciliation Procedures. Complaints can be reported to the Financial Services Complaints Network (FIN-NET) in written or electronically form by describing the facts and circumstances and enclosing all relevant documents.
26. Provisions Severability. If any provision of this Agreement is held to be invalid or unenforceable, the remainder of this Agreement will not be affected.
