CONTRACT FOR THE PROVISION OF SERVICES FOR SENDING WESTERN UNION MONEY FROM PHYSICAL LOCATIONS IN MEXICO, ENTERED INTO ON THE ONE HAND SERVICIO INTEGRAL DE ENVÍOS, S. DE R.L. DE C.V., HEREINAFTER REFERRED TO AS “SIE” AND ON THE OTHER HAND THE CONSUMER, HEREINAFTER REFERRED TO AS “THE SENDER”, (COLLECTIVELY REFERRED TO AS THE “PARTIES”) SUBJECT TO COMPLIANCE WITH THE FOLLOWING STATEMENTS, DEFINITIONS AND CLAUSES.
DECLARATIONS
CLAUSE ONE.- DEFINITIONS.
SIE.– Servicio Integral de Envíos, S. de R.L. de C.V. is the company authorized to operate the Western Union Money Transfer Service in Mexico, and authorized to contract with the Agent to act in that capacity in the provision of the Western Union Money Transfer Service in Mexico.
Sender.- An individual with permanent or provisional residence in Mexico who hires Western Union Money Transfer services, and who declares that they wish to know the characteristics of the Western Union Money Transfer Service.
Beneficiary.- An individual identified and indicated by the Sender at the time of contracting the Western Union Money Transfer Services, and who will be authorized to collect the money sent by the Sender in the Destination Country. The Beneficiary must be physically present in the Destination Country at the time the Sender hires the Western Union Money Transfer Services in Mexico.
Agent.- Company authorized by SIE to provide Western Union Money Transfer Services in Mexico. Informs the Sender of the features of the Western Union Money Transfer Service.
SIE and the Agent acknowledge that the Money Transfer Service is owned by Western Union Financial Services, Inc., (Western Union), and that SIE is authorized to use the Money Transfer Service and contract with the Agent to act in that capacity in the provision of the Western Union Money Transfer Services, as set forth below.
The Agent has no legal impediment under its purpose, or otherwise, to be bound by the terms of this agreement, and therefore agrees to provide Money Transfer Services on behalf of SIE, subject to the provisions of the following clauses.
Western Union Money Transfer Service.- It is the money transfer service that the Sender contracts with SIE through the Agent, to send money to the Beneficiary who is in the Destination Country indicated by the Sender.
Destination Country.- This is the country indicated by the Sender at the time of contracting the Western Union Money Transfer Service, and where the Beneficiary who will collect the money is located.
Amount of Transfer.- Amount of money in the currency indicated by the Sender, to be sent to the Beneficiary who is located in the Destination Country.
MTCN Transfer Code.- Confidential code that is generated by SIE at the time of contracting the Western Union Money Transfer Service, which must be known exclusively by the Sender and the Beneficiary who will collect the money in the Destination Country.
Sending to countries where payments are offered in multiple currencies.- When sending money, you have to choose the currency in which the payment will be made. The transfer and money charge that Western Union Financial Services, Inc., its subsidiaries or affiliates, including SIE, make when they exchange your funds into the foreign currency, may vary, depending on the currency in which the payment is made, as directed by you. Some authorized agents of Western Union Financial Services, Inc. in the Destination Country offer Beneficiaries the option to receive their funds in a currency other than the one specified by the Sender. In such cases, the Sender acknowledges that the amount originally sent may vary by virtue of the difference in the exchange rate to the currency that the Beneficiary may select.
Receiving money in countries where payments are offered in multiple currencies.-In some countries, the Recipient may choose to receive their money in a different currency than the one chosen by the Sender. In such cases, the foreign currency exchange rate that SIE, its subsidiaries or affiliates (or Western Union Financial Services, Inc.’s authorized agents in the Destination Country) applied to the transaction may differ from that applied to a transaction paid in the currency chosen by the Sender.
CLAUSE TWO.- PROVISION OF MONEY TRANSFER SERVICES.
The Sender may send money using the Western Union Money Transfer Service from any Authorized Agent in Mexico, for delivery outside the Mexican territory to the Beneficiary indicated in the annex to this form. The Beneficiary may collect the money at one of the authorized agencies of Western Union Financial Services, Inc. in the Destination Country.
Please call the number listed at the bottom of this form for address and hours of Western Union Financial Services, Inc.-authorized agencies in the Destination Country.
CLAUSE THREE.- MODALITIES OF THE SERVICE.
There are two types of Western Union Money Transfer Service, at the request of the Sender: “Money in Minutes” and “Next Day Service”.
“Money in Minutes”: Money Transfers under this modality are usually available to the Beneficiary generally on the same day, subject to the hours of operation of the agency authorized by Western Union Financial Services, Inc. in the Destination Country making the delivery; to time differences by time zone, including those conditions that are beyond SIE’s control, Western Union Financial Services, Inc. or its authorized agents in the Destination Country, such as inclement weather or telecommunications failures and situations not attributable to SIE. In specific cases, delays and certain other restrictions or conditions apply in some Destination Countries, and the availability of the Money Transfer will be subject to compliance with legal or regulatory provisions for the prevention of crime. The foregoing will be made known to the Sender, regardless of the fact that they may call the number listed at the bottom of this form for more information about possible conditions, restrictions or special requirements in the Destination Country.
“Next Day Service”: Money Remittances are usually available to the Beneficiary the day after the date the service was contracted.
CLAUSE FOUR.- DELIVERY.
Money Transfers are delivered to the Recipient in the Destination Country normally in cash, but some authorized agents of Western Union Financial Services, Inc. in the Destination Country may deliver the Money Transfer by check or a combination of cash and check, depending on applicable law and the particulars of the operation of the Money Transfer Service in that country. The foregoing will be made known to the Sender, regardless of the fact that they may call the number listed at the bottom of this form for more information about it. All deliveries are subject to the availability of service schedules and conditions applicable to the location of the authorized agent of Western Union Financial Services, Inc. in the Destination Country making the delivery. In certain countries, the delivery of Money Transfers may be subject to local taxes and/or administrative fees; The foregoing will be made known to the Sender, regardless of the fact that they may call the number listed at the bottom of this form for more information about it.
CLAUSE FIVE.- IDENTIFICATION OF THE BENEFICIARY.
In the delivery of Money Transfers, Western Union Financial Services, Inc., its subsidiaries or affiliates (and authorized agents in the Destination Country), may require Beneficiaries to provide any identification or additional information. The foregoing is a legal requirement for all Money Transfers processed by SIE and may delay the delivery process thereof without liability to SIE, Western Union Financial Services, Inc., its subsidiaries or affiliates.
CLAUSE SIX.- VERIFICATION QUESTION.
Verification Questions may be used in the Destination Country at the time of delivery of the Money Transfer to the Beneficiary, when the Recipient does not have a valid ID to pick up the Money Transfer, and only if the amount of the Money Transfer does not exceed One Thousand United States Dollars (or its equivalent in local currency in the Destination Country). Different limits may apply for Money Transfers to be delivered in certain countries. The foregoing will be made known to the Sender, regardless of the fact that they may call the number listed at the bottom of this form for more information about it.Money Transfers that require a Verification Question will not incur a cost in addition to the payment of the Service Fee for the Money Transfer. In most countries, a Money Transfer that includes a Verification Question will be delivered to the Beneficiary if the Beneficiary answers correctly or provides valid identification. For certain cases (mainly in Africa), a Verification Question is required for all Money Transfers (regardless of the principal amount of the Money Transfer); additionally, Western Union Financial Services, Inc.’s authorized agents in the Destination Country may require the Beneficiary to provide valid identification. The foregoing will be disclosed to the Sender, regardless of the fact that they may call the number listed at the bottom of this form to obtain up-to-date information on the use of a Verification Question in destinations where the use of a Verification Question is required to deliver a Money Transfer.
CLAUSE SEVEN.- CURRENCY EXCHANGE.
Money Transfers are normally paid in the current currency of the Destination Country (in some countries payments can be made in United States dollars or another alternative currency). Depending on availability in the Destination Country, the Sender may select the currency in which the Money Transfer should be delivered to the Beneficiary. In addition to the transfer fees (commission) established for the transaction, a currency exchange rate set by Western Union Financial Services, Inc. will apply.
The type of currency and transfer fees established for the transaction will appear on the Western Union Money Transfer Service voucher provided by the Agent.
There are certain countries, which by their legal provisions, require that the amount of money that the Sender is sending be converted only at the time in which the Beneficiary is being paid. If the Sender ships to any of these countries, the exchange rate noted on your proof of shipment is an estimate only, as the actual exchange rate will be determined at the time of payment to the Payee. The foregoing will be made known to the Sender, regardless of the fact that they may call the number listed at the bottom of this form for more information
CLAUSE EIGHT- SERVICE FEE.
Service fees applicable to Money Transfer Services are payable by the Sender to SIE’s Authorized Agents in Mexico. The fee charged for the Money Transfer Service shall be available to the Sender at the offices of the Authorized Agents.
CLAUSE NINE.- REFUND.
In the event that, for reasons attributable to the Beneficiary and/or Sender, the Beneficiary does not collect the money in the destination country within a period of 45 days from the date on which the transfer was made, SIE will reimburse the Sender the principal amount of the Western Union Money Transfer Service upon written request of the Sender. In these cases, SIE will not reimburse the Sender for the fee charged by the Western Union Money Transfer Service.
SIE will refund the fee charged for the Western Union Money Transfer Service, and a conventional penalty of a percentage of the total fee charged for the transaction made from Mexico, upon written request of the Sender, if the Money Transfer is not available to the Beneficiary within the time specified for the chosen service subject to the business hours of authorized Western Union Financial Services agencies, Inc. in the Destination Country for payment, and in other circumstances, including those beyond the control of SIE or its Authorized Agents, such as inclement weather or telecommunications failures. Only in those cases where the applicable legislation in the Destination Country allows it, SIE may deduct administrative fees derived from Money Transfers that are not collected within 45 days.
CLAUSE TEN.- GUARANTEES.
SIE does not guarantee the delivery or suitability of any goods or services that have been delivered or rendered by a third party to the Sender and/or Recipient and that are intended to be performed or have been performed through a Western Union Money Transfer Service.
The Sender is advised not to use the Western Union Money Transfer Service as a means of payment for the purchase of goods, products or services.
The Sender agrees that the Western Union Money Transfer Service does not operate as a deposit account; that the money must be collected by the Beneficiary immediately, considering the type of service contracted: “Money in minutes” or the “Money the next day” service. In addition, the Sender accepts the exchange rate used by Western Union Financial Services, Inc. (or its agents) for the delivery of the money transfer to the Beneficiary, subject to fluctuating exchange rates, from moment to moment.
The Sender declares that at the time of sending the money, the Beneficiary is physically present in the Destination Country.
The Sender is cautioned not to send money to a person they do not know.
Both parties undertake not to disclose for any reason, to any third party other than the Beneficiary, the MTCN Shipment Code, the Destination Country, the total amount of the shipment and the name of the Sender, since such information is strictly confidential.
In the event that the Sender discloses the information referred to in the preceding paragraph, SIE, the Agent or the Authorized Agent of Western Union Financial Services, Inc. in the Destination Country, assumes no liability to the Sender if the money is delivered to a third party who holds itself as the Beneficiary in the Destination Country.
SIE guarantees the delivery of the money transfer in the destination country, as long as the Sender and Beneficiary comply with all the sending and payment conditions established in this contract.
In the event that SIE, Western Union Financial, Services Inc. or any of their Authorized Agents fail to comply with the terms and conditions set forth in this agreement, SIE shall refund the principal amount of the money transfer and the fee charged for the money transfer to the Sender. In no event shall SIE, Western Union Financial Services, Inc. or its Authorized Agents be liable for any indirect, special, incidental or consequential damages. The foregoing limitation of liability shall not apply to damages arising from gross negligence or willful misconduct in those jurisdictions in which such limitation of liability is void.
There are laws that prohibit SIE, or its Authorized Agents, from providing the Money Transfer Service to certain individuals and/or in certain countries, for reasons that affect or may affect the security or tranquility of a country, the Authorized Agent, customers and/or society in general. To comply with the foregoing, SIE reserves the right to examine all Remittances against lists of countries or individuals provided by the governments of the countries and territories in which Western Union Financial Services, Inc. maintains operations, including the U.S. Treasury Department’s Office of Foreign Affairs Assets Control (OFAC)) and the European Union. In the event that a potential risk is detected or identified, SIE has a legal obligation to investigate the Money Remittance to determine whether any of the individuals or countries involved in the Money Transfer are on the appropriate list.
In addition, Western Union Financial Services, Inc. and/or SIE prohibit their services from being used to send resources derived from illegal activities, or the concealment of the identity of third parties by sending resources owned by third parties through the Sender, or third parties from receiving their resources through a Beneficiary. The Sender declares that he/she is aware of these usage policies and indicates that the funds are legitimate and that he/she acts in his/her own name and on his/her own account, assuming his/her responsibility in case of misrepresentation.
Western Union Financial Services, Inc. and/or SIE, and its Authorized Agents may refuse to accept, process, or deliver any Money Transfer that violates any applicable law or the terms and conditions of this agreement.
CLAUSE ELEVEN.- PRIVACY POLICIES.
The personal information provided at the time of contracting the Western Union Money Transfer Service is processed by Western Union Financial Services, Inc., its subsidiaries or affiliates, including SIE, maintaining the required confidentiality and respecting the legal regulations in force on the matter. Western Union Financial Services, Inc., its subsidiaries or affiliates, including SIE, collect and use personal information (“Information“) provided through the money transfer instructions, as well as any other information that is collected or generated during the relationship with Western Union Financial Services, Inc., its subsidiaries or affiliates, including SIE, such as data obtained during transactions, the rewards program, transaction history, and marketing preferences, in order to provide the requested services (including, but not limited to, administrative, customer service, user validation, fraud prevention, and business and product development activities).
Western Union Financial Services, Inc., its subsidiaries or affiliates, including SIE, may also use the Information to offer other services, products, goods or reward programs to which the Sender may have subscribed through Western Union Financial Services, Inc., its subsidiaries or affiliates, including SIE, provided that the Sender signs acceptance of advertising and marketing. detailed at the end of this contract.Sender agrees that Western Union Financial Services, Inc., its subsidiaries or affiliates, including SIE, may disclose the Information to Agents, and third parties, as necessary to provide the Services, as well as in connection with other services, products, reward programs or interest for which Sender has registered with Western Union Financial Services, Inc., its subsidiaries or affiliates, including SIE.
Western Union Financial Services, Inc., its subsidiaries or affiliates, including SIE, will maintain and retain Information that the Sender provides to them about another person, such as the Sender’s information about the Sender’s information. Providing the Information and the Third Party Information is voluntary, but necessary to carry out the transaction (subject to the provisions set forth in this paragraph). Without the pertinent information, Western Union Financial Services, Inc., its subsidiaries or affiliates, including SIE, are unable to send money, facilitate activities for your convenience, or provide other requested services. Western Union Financial Services, Inc., its subsidiaries or affiliates, including SIE, will use Personal and Third Party Information with the required confidentiality and in compliance with applicable law. Western Union Financial Services, Inc., its subsidiaries or affiliates, including SIE, will use the name and address provided above to send you marketing messages by mail. In addition, in accordance with your marketing preferences, if you choose to provide data in the optional fields, Western Union Financial Services, Inc., its subsidiaries or affiliates, including SIE, as well as its business partners may send advertising messages in connection with Western Union Financial Services, Inc.’s products and services either by telephone, email, SMS or MMS to the Sender, and Sender agrees that Western Union Financial Services, Inc., its subsidiaries or affiliates, including SIE, may disclose personal information to such business partners. By agreeing to receive messages by phone, SMS or MMS, the Sender or Beneficiary agrees that payment of any charges imposed on you by the network provider for this service is your sole responsibility. If you do not wish to receive these messages, please contact Western Union Financial Services, Inc., its subsidiaries or affiliates, including SIE as explained below.
Western Union Financial Services, Inc., including SIE, its subsidiaries or affiliates may also disclose information to third parties, when reasonably necessary, for the purpose of preventing and detecting crime and prosecuting criminal prosecutions, for the purpose of safeguarding national security, public order, safety and health, as well as the rights of third parties or when required by law. Western Union Financial Services, Inc., its subsidiaries or affiliates, including SIE retain the Sender’s Information, marketing preferences, and transaction history based on its records retention program, no longer than necessary for the purposes for which the information was collected and in compliance with applicable laws. If the Sender or recipient does not complete another transaction within the retention period, the Information and Marketing Preferences will be terminated.
You have the right to access and request a copy of your Information free of charge. Notwithstanding the foregoing, Western Union Financial Services, Inc., its subsidiaries or affiliates may apply a small fee in terms of Article 35 of the Federal Law on the Protection of Personal Data Held by Private Parties, to cover shipping costs or the cost of production in copies or other formats. Subject to any applicable blackout period, in accordance with applicable law, you may also rectify or delete Information that you believe is incomplete, inaccurate or out of date. You also have the right to object and object, at any time and for legitimate reasons relating to your particular situation, to the processing of your Information, if such processing is not required to complete the service and is not required by any law or regulation. If you wish to exercise these rights or if you no longer wish to receive marketing messages from Western Union Financial Services, Inc., its subsidiaries or affiliates, please contact SIE and/or Western Union Financial Services, Inc. in accordance with applicable law by calling 018007198911 Monday through Friday or writing to the address below.
7001 East Belleview Avenue, Denver, Colorado, 80237, United States
TWELFTH CLAUSE JURISDICTION AND COMPETENCE.
For the purposes of the interpretation or enforcement of this Agreement, the parties agree to apply the laws of Mexico and submit to the jurisdiction and competence of the competent courts of the federal jurisdiction, waiving the jurisdiction that may correspond to them by reason of their present or future domicile. The Federal Consumer Protection Office shall be competent to hear any dispute arising from the provision of the Money Transfer service subject matter of this Agreement in accordance with the applicable provisions of the Federal Consumer Protection Law. This Service Provision Contract is registered in the Public Registry of Adhesion Contracts of the Federal Consumer Protection Agency under number 7520-2010, dated December 17, 2010. Any variation of this Agreement to the detriment of the Sender, as a consumer, with respect to the adhesion contract registered with the Federal Consumer Protection Agency, shall be deemed not to have been posted.
To request information, clarify any questions regarding any of the terms contained herein, and/or obtain a copy of the SIE and/or Western Union Privacy Policy Statement, please call the customer service numbers listed below: 018007198911
The Sender ( ) YES NO ( ) accepts that SIE transfers or transmits to third parties for marketing or advertising purposes, the information relating to his/her personal data provided for the purposes of this contract YES ( ) NO ( ) accepts that SIE sends him/her advertising about goods and services.
Signature of the Sender__________________________________
The Western Union Money Transfer Service from Mexico is offered in Mexico by Servicio Integral de Envíos, S. de R.L. de C.V. TO CONTACT CUSTOMER SERVICE, CALL 018007198911
Copyright © 2010 WESTERN UNION HOLDINGS, INC. All rights reserved.
CONTRACT FOR THE PROVISION OF INTERNATIONAL MONEY TRANSFER SERVICES FROM MEXICO THROUGH DIGITAL CHANNELS, ENTERED INTO, ON THE ONE HAND, BY SERVICIO INTEGRAL DE ENVÍOS, S. DE R.L. DE C.V., HEREINAFTER REFERRED TO AS “SIE”; AND, ON THE OTHER HAND, THE CONSUMER, HEREINAFTER REFERRED TO AS “THE SENDER,” (COLLECTIVELY REFERRED TO AS “THE PARTIES”), SUBJECT TO THE OBSERVANCE OF AND COMPLIANCE WITH THE FOLLOWING RECITALS, DEFINITIONS, AND CLAUSES.
RECITALS
III. The Sender declares that they are a natural person with permanent or temporary residency in Mexico, that they are aware of the characteristics of the Western Union Money Transfer Service, and they agree to be bound by the terms of the clauses detailed below.
FIRST CLAUSE. DEFINITIONS.
Authorized Agent. Foreign company authorized by SIE to make the payment of the Western Union money transfer to the Overseas Beneficiary.
SIE and the Authorized Agent acknowledge that the Money Transfer Service is owned by Western Union Financial Services, Inc. and that SIE is authorized to use said service and engage with the Authorized Agent in order for this latter party to act in said capacity in the provision of the Western Union Money Transfer Service, under the terms set forth below.
Digital Channel(s). Refers to the Western Union mobile application (“Application“) that the Sender has to download on their mobile device and/or tablet, or the Western Union website wu.com/mx (the “Website“), which the Sender can access via a mobile device, tablet, or computer, prior to the provision of the Western Union Money Transfer Service. The Sender will provide all necessary information regarding their Account and the Overseas Beneficiary’s Account via the Digital Channel. This information is required by SIE to generate the Transaction. The Application can be downloaded from the Google Play Store or Apple Store free of charge for the Sender and the Overseas Beneficiary. The Sender must read the instructions on creating a profile with a username and password in the Digital Channel. By downloading the Application, the Sender accepts the terms and conditions applicable to its use.
In the event that the Overseas Beneficiaries wish to check the transaction that has been sent to them, they have the option of downloading the Application on their mobile device and/or tablet, or accessing the Website. They may also visit the offices of an Authorized Agent in the Destination Country directly, having asked the Sender to provide the respective MTCN to check the transaction.
Financial Institution. A financial entity in Mexico in which the Sender holds their Account, which will be responsible for releasing the funds ordered by the Sender to be transferred by SIE to the Overseas Beneficiary’s Account, or to the Authorized Agent for payment directly in their offices.
Overseas Beneficiary. A natural person identified and indicated by the Sender when using the Western Union Money Transfer Service, to whom the money from Mexico will be sent.
MTCN. A confidential code that is generated by SIE when using the Western Union Money Transfer Service, which must be provided exclusively to the Sender and the Overseas Beneficiary.
Contract. Refers to this contract between SIE and the Sender for the provision of international money transfer services through the Western Union de México brand.
Overseas Beneficiary’s Account. Subject to availability in Destination Country, refers to the account number, debit/credit card number, or number or information used to identify a virtual account of a Financial Institution abroad, to which the transfer ordered by the Sender in Mexico will be sent.
Sender’s Account. Subject to availability in Mexico, refers to the bank account number, debit/credit card number, or number or information used to identify a virtual account that the Sender holds in a Financial Institution or a financial entity dully authorized in Mexico, which must have sufficient funds to make the ordered transfer and from which the money will be transferred to the Overseas Beneficiary’s Account.
Transfer Amount. Sum of money in the currency indicated by the Sender, to be sent to the Overseas Beneficiary in the Destination Country.
Bank Debit/Credit Card Number. Refers to the number that is associated electronically with the Sender’s Account in Mexico. This is the available and valid card through which the Western Union Money Transfer Service can be used in Mexico.
Authorized Agent’s Office. Office where the Overseas Beneficiary can collect the transfer ordered by the Sender in Mexico, in the event that the money is not transferred to the Overseas Beneficiary’s Bank Account.
Destination Country. Refers to the country indicated by the Sender when using the Western Union Money Transfer Service, and where the Overseas Beneficiary who will collect the money—either in person or in the Overseas Beneficiary’s Bank Account—is physically located.
Country of Origin. The Country of Origin is Mexico, where the Sender contracted the Western Union Money Transfer Service with SIE.
The Western Union Money Transfer Service. Refers to the money transfer service contracted by the Sender with SIE via the Digital Channel to send money to an Overseas Beneficiary’s Account or to be paid to Beneficiary in cash in an Authorized Agent’s Office in the Destination Country.
SIE. Is Servicio Integral de Envíos, S.A de C.V., a money transmitter duly authorized to operate the Western Union Money Transfer Service in Mexico to overseas recipients.
Sender. A natural person with permanent or temporary residence in Mexico, who uses the Western Union Money Transfer Service to send money to an Overseas Beneficiary.
Transaction. It is the money transfer operation carried out by the Sender through the Digital Channel, to send money to a Overseas Beneficiary’s Account or to be paid to the Beneficiary at the Authorized Agents offices located in the Country of Destination.
Western Union. Refers to SIE, Western Union Financial Services Inc. and all of its affiliate companies.
SECOND CLAUSE. PURPOSE AND SERVICES OF DIGITAL CHANNELS.
The Digital Channels have been made available in order to provide Western Union customers with information about the services Western Union provides, and for the provision of the Western Union Money Transfer Service. The Money Transfer Service provided on or through the Digital Channels will be subject to acceptance of the terms and conditions set forth in this Contract. The Digital Channels are currently intended and available for use only by Western Union customers.
Depending on the features available for Digital Channels in Mexico, Senders may not be able to use certain Digital Channels or Services until they have registered or logged in to the Digital Channel. Western Union may deny use of the Digital Channel and/or restrict said use at any time.
THIRD CLAUSE. PROVISION OF MONEY TRANSFER SERVICES.
Having registered with the Digital Channel and accepted the terms and conditions of this Contract, the Sender may use the Western Union Money Transfer Service from Mexico for international money transfers to an Overseas Beneficiary indicated via the Digital Channel, either through a transfer to the Overseas Beneficiary’s Account or for the Overseas Beneficiary to collect directly in the offices of Authorized Agents.
The Sender may select, subject to availability, debit card, or credit card as a payment method for the Transaction.
Similarly, the Sender must select the payment method for the money transfer to the Overseas Beneficiary, which may be credited to the Overseas Beneficiary’s Account or collected in cash at an Authorized Agent’s office in the Destination Country.
Before generating the Transaction, the Sender must complete the personal identification steps detailed in the fourth clause. Additionally, the Sender must provide all required information on the Overseas Beneficiary, and declare the purpose of the transaction and the origin of the funds.
Having done this, the Sender must enter the card details. Subsequently, the Sender will be able to view a summary of the Transaction to be carried out. This summary will include the method for receiving the Transaction in the Destination Country, the payment method, the total amount that will be sent to the Overseas Beneficiary, the fee that SIE will charge for the money transfer, the applicable taxes, the total amount to be credited through the Transaction, the estimated amount to be received by the Overseas Beneficiary, and the estimated exchange rate. Similarly, the Sender must certify that they are acting on their own behalf, and will be able to see useful information on fraud prevention.
When the Transaction is accepted, a Transaction receipt will be issued with the Transaction details, including the MTCN.
If the Sender uses their credit or debit card to send money, it is possible that the issuing bank of the credit or debit card used in Mexico by the Sender to carry out the money transfer will charge a fee for cash withdrawal. For more information on the amount of potential fees to be paid, the Sender should consult the issuing bank in Mexico.
In the event that the Sender requests the cancellation of the money transfer, SIE will not reimburse the total fee charged by the bank in Mexico for the withdrawal of money on the credit or debit card.
FOURTH CLAUSE. IDENTIFICATION OF THE SENDER.
Prior to generating the Transaction, the Sender must provide their personal details to SIE in order to identify themselves, including: their first name(s), paternal last name, maternal last name, age, date of birth, country of birth, nationality, marital status, occupation, address (street and number, district, city, state, and ZIP code), home phone number, cell phone number, email address, official identity document details (CURP [Clave Única de Registro de Población, Mexican national identity number], voter identification number, voter identity card identification code and OCR code, year of registration, issue number and year, year of expiration, gender, identification number), photograph from their official identification, RFC [Registro Federal de Contribuyentes, Mexican tax identification number], tax residence, geolocation of their electronic device, video recordings of their face and voice, full name of the Overseas Beneficiary, credit or debit card number and verification code (hereinafter “Personal Details”), as well as any personal information derived from money transfers, membership or loyalty programs, their history of using the services and/or their preferences regarding the advertising generated or collected by virtue of the relationship between SIE and the Sender.
When the Sender uses the Western Union Money Transfer Service through the Digital Channel, they can only identify themselves with their original valid voter identity card issued by the National Electoral Institute. In the event that the Sender does not have their voter identity card issued by the National Electoral Institute, they must go to an Authorized Agent’s office to identify themselves in person.
In addition to the personal details indicated above, SIE will collect and process their biometric data, which includes physical characteristics, specifically face and voice recordings and the photograph on their official identity document in order to carry out face and voice recognition, as well as their electronic signature to indicate their consent to the processing of this biometric data. The purpose of collecting these data is to fully identify the Sender in order to send these data to the competent authorities in the United Mexican States for the corresponding validation, and to have the data available if required by the authorities.
Through the validation of their biometric information and the official identity document submitted, SIE is complying with its obligation to know and verify their identity as the Sender of a Transaction from Mexico in accordance with the regulations to which it is subject as a Money Transmitter.
For more information on how to exercise their ARCO (access, rectification, cancellation, and objection) rights, the Sender must read and, if applicable, accept SIE’s Comprehensive Privacy Notice that will be displayed on the Digital Channel.
If Senders do not consent to their personal details being collected and processed in accordance with the Comprehensive Privacy Notice, SIE will not be able to provide the Western Union Money Transfer Service to the Sender.
As the party responsible for collecting and processing the personal details of the Sender and the Overseas Beneficiary, SIE will ensure the confidentiality of said data, which will be provided to third parties solely for the purpose of complying with the provision of the Western Union Money Transfer Service and other uses approved by Sender. Any other data transfer will require prior authorization from the data holder.
FIFTH CLAUSE. SERVICE MODALITY.
Western Union money transfers are generally available to the Overseas Beneficiary on the same day, subject to processing times for transfers at overseas banks authorized by Western Union in the Destination Country that deliver the money and time zone differences, including conditions beyond the control of SIE, or its Authorized Agents in the Destination Country, such as inclement weather or telecommunications faults, and other situations that are not attributable to SIE. In specific cases, delays and certain other restrictions or conditions apply in some Destination Countries, and the availability of the money transfer will be subject to compliance with legal or regulatory crime prevention provisions. The above information will be provided to the Sender, regardless of whether they can call the number that appears at the bottom of this form to find out more about possible special conditions, restrictions, or requirements in the Destination Country.
There is also an option for the Sender to request, under this same modality, that the Overseas Beneficiary visit the offices of Authorized Agents to collect the money in minutes. In this case, the service will depend on the opening hours of the Authorized Agents’ offices.
SIXTH CLAUSE. TRACKING A MONEY TRANSFER.
The Sender and the Overseas Beneficiary can track the transfer via the Digital Channel and receive notifications related to payment confirmation. To do this, they must enter the MTCN and follow the instructions provided. They can also track the transfer by visiting the offices of Authorized Agents in the Country of Origin or Destination Country, as applicable, or by calling the number that appears at the bottom of this form for more information.
SEVENTH CLAUSE. DELIVERY.
Money transfers are sent to the Overseas Beneficiary in the Destination Country, either to their account provided by the Sender or to be collected at the offices of Authorized Agents. All transfers are subject to the opening hours and conditions applicable to overseas banks or the offices of Authorized Agents in the Destination Country. In certain countries, the delivery of money transfers may be subject to local taxes and/or administrative fees. The Sender will be informed of these taxes and/or fees prior to using the Western Union Money Transfer Service, regardless of whether they can call the number that appears at the bottom of this form for more information.
EIGHTH CLAUSE. IDENTIFICATION OF THE OVERSEAS BENEFICIARY.
For the delivery of money transfers to the Overseas Beneficiary’s Account or for collection in the offices of Authorized Agents, Western Union, its subsidiaries, or affiliates (and Authorized Agents in the Destination Country) will ask Overseas Beneficiaries to present original versions of any valid official identity document or additional information. The above is a legal requirement for all money transfers processed by SIE, and may delay the release of funds without any liability for SIE, its subsidiaries, or affiliates.
NINTH CLAUSE. CURRENCY EXCHANGE.
Money transfers are usually paid in the official currency of the Destination Country (in some countries, payments may be made in U.S. dollars or in an alternate currency). Depending on availability in the Destination Country, the Sender can select the currency in which the money transfer should be paid to the Overseas Beneficiary. In addition to the transfer charges (fees) set for the Transaction, a foreign exchange rate set by Western Union will apply.
The currency type and transfer fees set for the Transaction will appear on the Western Union Money Transfer Service receipt that will be generated when the Sender carries out the transaction.
Certain countries legally require the money being sent by the Sender to be converted at the moment in which the transfer is deposited into the Overseas Beneficiary’s Account, or the moment in which the Overseas Beneficiary visits the Authorized Agent’s office to collect the money. If the Sender transfers money to any of these countries, the exchange rate indicated on the transfer receipt is only an estimate, since the actual exchange rate will be determined at the moment in which the transfer is deposited into the Overseas Beneficiary’s Account or at the moment of collection in Authorized Agent’s office. This information will be provided to the Sender, regardless of whether they can call the number that appears at the bottom of this form for more information.
Also, in some countries, the Overseas Beneficiary may choose to receive their money in a currency different from that chosen by the Sender. In such cases, the foreign currency exchange rate that Western Union (or Western Union Authorized Agents in the Destination Country) will apply to the Transaction may differ from that which applies to a Transaction paid in the currency chosen by the Sending User.
TENTH CLAUSE. SERVICE FEE.
The service fees applicable to the Western Union Money Transfer Service through the Digital Channels are paid by the Sender in Mexico at the moment in which they carry out the transfer. Information on the fees charged is available at www.wu.com.
In the event that the Sender chooses not to carry out the Transaction through a Digital Channel, they can visit the offices of SIE’s Authorized Agents in Mexico and pay the corresponding fee, which will be available at www.wu.com and in the offices of Authorized Agents.
ELEVENTH CLAUSE. REIMBURSEMENT.
In the event that, for reasons attributable to the Overseas Beneficiary and/or the Sender, the Overseas Beneficiary does not collect the money in the Destination Country in the offices of the Authorized Agents within 45 days of the date on which the transfer was carried out, SIE will reimburse the principal amount from the Western Union Money Transfer Service to the Sender upon written request by the Sender. In these cases, SIE will not reimburse the Sender for fees charged by the Western Union Money Transfer Service nor taxes.
SIE will reimburse the fee charged by the Western Union Money Transfer Service for the transaction carried out from Mexico upon written request by the Sender in the event that the money transfer is not available to the Overseas Beneficiary within the period specified for the service selected.
For transfers made to the Overseas Beneficiary’s Account, it will not be possible for the Sender to cancel the transfer and therefore obtain the reimbursement.
TWELFTH CLAUSE. GUARANTEES.
SIE does not guarantee the delivery or suitability of any good or service that has been delivered or provided by a third party to the Sender and/or Overseas Beneficiary, and that is intended to be provided or has been provided through the Western Union Money Transfer Service.
The Sender is advised that they should not use the Western Union Money Transfer Service as a payment method for the purchase of goods, products, or services.
The Sender accepts the exchange rate used by Western Union (or its agents) for the delivery of the money transfer to the Overseas Beneficiary and is aware that the exchange rate may fluctuate.
The Sender states that the name of the Overseas Beneficiary and the Overseas Beneficiary’s Account number provided for the transfer are complete and correct.
The Sender is advised that, if they request a Transaction to be credited into the Overseas Beneficiary’s Account and they provide incorrect details of the Overseas Beneficiary, the Transaction will be credited to the account identified by the Sender. If incorrect details are provided by the Sender, SIE will not be responsible for the refund of the money.
The Sender is advised not to send money to people they do not know.
Both parties are obliged not to disclose for any reason, to any third party other than the Overseas Beneficiary, the MTCN, the Destination Country, the total transfer amount, the name of the Sender, or account details, as such information is of a strictly confidential nature.
In the event that the Sender and/or the Overseas Beneficiary fully or partially disclose the information indicated in the above paragraph, SIE and Western Union do not assume any liability to the Sender if the money is delivered to a third party who impersonates the Overseas Beneficiary in the Destination Country.
SIE guarantees the delivery of the money transfer in the Destination Country, provided that the Sender and the Overseas Beneficiary comply with all transfer and payment conditions set forth in this Contract.
In the event that SIE, Western Union or its Authorized Agents fail to comply with the terms and conditions set forth in this Contract, SIE will reimburse the principal amount of the money transfer and the fee charged for the money transfer to the Sender. Under no circumstances will SIE, Western Union its Authorized Agents, or the banks be liable for indirect, special, incidental, or consequential damages. The foregoing limitation of liability will not apply in the case of damages arising from any act of gross negligence or willful misconduct in those jurisdictions in which such limitation of liability is void.
Laws are in place that prohibit SIE or its Authorized Agents from providing the Western Union Money Transfer Service to certain individuals and/or in certain countries for reasons that affect or may affect the safety or peace of a country, the Authorized Agent or bank, customers, and/or society in general. To comply with the above, SIE reserves the right to examine all money transfers against lists of countries or individuals provided by the governments of the countries and territories in which Western Union maintains operations, including the U.S. Treasury Department’s Office of Foreign Assets Control (OFAC) and the European Union. In the event that a potential risk is detected or identified, SIE has a legal obligation to investigate the money transfer to determine whether any of the individuals or countries involved in the transfer appear in the corresponding list.
Similarly, Western Union prohibit their services from being used to send funds originating from illicit activities; or to hide the identity of third parties by sending these third parties’ funds through the Sender, or for third parties to receive their funds through an Overseas Beneficiary. The Sender declares that they are aware of these policies, and indicates that the funds are of legitimate origin and that they are acting on their own behalf, assuming all liability in the event of misrepresentation.
Western Union and its Authorized Agents may refuse to accept, process, or deliver any money transfer that is in breach of any applicable law or the terms and conditions of this Contract.
THIRTEENTH CLAUSE. JURISDICTION AND COMPETENCE.
For the purposes of the interpretation or fulfillment of this Contract, the parties agree to apply Mexican law and be subject to the jurisdiction and competence of the competent federal courts, waiving any jurisdiction that may correspond to them by virtue of their present or future domicile. The Federal Consumer Protection Agency will be competent to hear any administrative proceedings related to disputes arising from the provision of the Western Union Money Transfer Service which constitutes the object of this Contract, in accordance with the applicable provisions of the Federal Consumer Protection Act.
FOURTEENTH CLAUSE. MECHANISMS FOR SUBMITTING CLARIFICATIONS.
To request information or clarify any queries regarding any of the terms contained herein in relation to the Western Union Money Transfer Service, and/or to obtain a copy of SIE’s Comprehensive Privacy Notice, please call customer service at 018007198911 or send an email with your request or claim to ServicioaclientesMexico@westernunion.com.
FIFTEENTH CLAUSE. MINORS.
The Digital Channels are not intended to be used by, and are not marketed or directed toward, any person who is a minor in Mexico.
SIXTEENTH CLAUSE. LICENSE.
SIE grants the Sender a limited, non-exclusive, personal, non-transferable, non-sublicensable, and revocable right and license to access, view, use, and print the information and documentation available on the Digital Channels for personal, non-commercial use and for informational purposes only. Except for the limited licenses and rights expressly granted herein, this Contract does not grant to the Sender any other right or license in or under any patent, trademark, copyright, or other intellectual property or proprietary right of Western Union. SIE may cancel this license at any time and for any reason.
SEVENTEENTH CLAUSE. CONTENT.
The Digital Channel may include images, text, works, and other content and data that are owned by third parties (“Third-Party Content”). The Sender accepts that this Contract applies to the access and use of Third-Party Content, and agrees to comply with the specific terms and conditions for Third-Party Content. SIE and Western Union are not responsible, and assume no liability whatsoever, for the Third-Party Content.
All content and data available through the Digital Channel are the sole and exclusive property of Western Union and/or third parties. The Sender may not: (a) publish, reproduce or publicly display, communicate to the public, or otherwise distribute to third parties any of its contents; (b) market, sell, resell, or make commercial use of the Digital Channel or any of its contents; (c) systematically collect or otherwise use the Digital Channel or its contents.
If the Sender provides Western Union with access to information, data, or content on or through the Digital Channel, including permission to contact them or provide feedback or thoughts about services offered by Western Union or the Digital Channel, the Sender shall be deemed to grant us a non-exclusive, transferable, sub-licensable, irrevocable, royalty-free, perpetual, global license to store, use, copy, reproduce, modify, adapt, edit, translate, publish, submit, and display such content, without any payment or restriction. The Sender is solely responsible for any content that they provide on or through the Digital Channel, or that is made available through the use of their account on the Digital Channel.
EIGHTEENTH CLAUSE. INTELLECTUAL PROPERTY.
The WESTERN UNION name and trademark, and all names and trademarks related to the Digital Channel or the Services, are either trademarks or registered trademarks of the company (or its affiliates, suppliers, associate companies or licensees, as applicable). The Sender acknowledges that the Digital Channel, the Services, and any underlying technology used in connection with the Services contain intellectual property and confidential information. The Sender may not use, reproduce, distribute, modify, or create derivative works from, publicly display (including the transfer of content), or commercially exploit any part of the Digital Channel or the Services, or the registered or unregistered trademarks mentioned above, intellectual property or confidential information, except as necessary to view the content therein and to create a reasonable number of copies of portions of such content (without modification) for their personal, non-commercial use. Additionally, all page headers, customized graphics, button icons, and command scripts are service marks and/or trademarks of Western Union. The Sender may not use, reproduce, distribute, modify, or create derivative works from them without our prior written consent.
All rights, titles, and interests in and for the Digital Channel, its content, the Services, the technology used in relation to the Services, and all the technology and content created or derived from any of the above are the exclusive property of Western Union (or its affiliates, suppliers, associate companies, or licensees, as applicable).
NINETEENTH CLAUSE. USE RESTRICTIONS.
The Sender agrees that by using the Digital Channel, they must not: (a) allow any other person to use the Digital Channel for their benefit; (b) interfere with or circumvent any copyright or other technical protection or reverse engineering mechanism, decompile, disassemble, or otherwise extract all or any part of the Digital Channel or any software, technology, or content that forms part of it; (c) take any action or use any program or device that may result in or is intended to interfere with the operation and functioning of the Digital Channel or to shut down, overload, or overwhelm the website; (d) copy, publish, or redistribute any part of the Digital Channel, including through the caché memory, transfer, or similar means; (e) send it to another person or copy or modify any part of it in any way; or (f) attempt to extract the source code of the Digital Channel, disassemble it or make derivative versions, or attempt to interrupt or decrypt transmissions between the Digital Channel and our systems.
Additionally, the Sender must not use the Digital Channel for any of the following purposes:
(i) Unlawful, illegal, fraudulent, or malicious purposes, or to promote or provide information about criminal activity;
(ii) Defamatory, abusive, or threatening purposes, or acts that otherwise breach or violate the rights of others. This includes any information that the Sender may add or upload to the Digital Channel;
(iii) To interfere in any way with any other user of the Digital Channel; and/or
(iv) To knowingly introduce viruses or other malicious or harmful material to the Digital Channel, or using it in connection with unsolicited communications.
TWENTIETH CLAUSE. MINIMUM SYSTEM CHARGES AND REQUIREMENTS.
The Sender’s service provider may apply a charge for downloading and/or accessing the Application on their mobile device. These charges may include roaming charges if the Sender uses the Application outside their territory of residence. The Sender is solely responsible for any charges generated. If the Sender is not the person responsible for paying their cell phone bills, then Western Union assumes that they have the permission of the bill payer to incur any of these charges. Western Union will not charge a separate fee for accessing the Application, but Senders may be charged fees for using the Services that may be provided through the Application. Western Union will visibly disclose any fees charged for those Services prior to applying them.
The Digital Channels will only work on compatible devices and operating systems, and certain features will only be available if the device is connected to the Internet. Some features may also only be available with certain operating systems.
TWENTY-FIRST CLAUSE. USE OF COOKIES.
The Sender agrees that Western Union has the right to monitor and review the use of the Digital Channel and the Services from time to time, and to use cookies, log files, and their browsing data in accordance with the Comprehensive Privacy Notice.
TWENTY-SECOND CLAUSE. DIGITAL CHANNELS AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.”
The Sender understands and agrees that the Digital Channels and their content and Services are provided on an “as is” and “as available” basis, and, except if expressly stipulated under applicable law, Western Union expressly waives all representations or warranties or conditions of any kind or nature, whether express or implied, and whether arising by law or otherwise under law, or through a commercial agreement or use, including but not limited to all implied warranties or conditions, any condition or warranty of merchantability, title, or non-infringement of third-party rights, and any condition or warranty of suitability for a particular purpose.
TWENTY-THIRD CLAUSE. LINKS.
Western Union may provide links on the Digital Channels to other web-based services or resources, including those operated by third parties. These links are provided for the Sender’s convenience, and Western Union is not responsible for the availability of websites or resources managed by third parties. Western Union does not endorse or accept liability for the content of such external websites or resources. Access to and viewing of third-party websites or resources is at the sole risk of the Sender.
TWENTY-FOURTH CLAUSE. LIMITATION OF LIABILITY.
Except as stipulated in the applicable legal provisions, Western Union and its affiliates, and each of their respective directors, officers, employees, consultants, and agents, will not be liable for direct, indirect, fortuitous, special or, consequential damages or for any loss that results from the use or misuse of, or the inability to use, the Digital Channels or the Services, or for any loss or transmission of any data or any confidential or sensitive information.
I declare that I have read and agree to the terms and conditions set forth in this contract for the provision of international money transfer services through the Western Union brand for money transfers from Mexico.
_____________
The Western Union Money Transfer Service from Mexico is provided in Mexico by Servicio Integral de Envíos, S.A. de C.V. Money Transmitter 20364 of November 04, 2011 TO CONTACT CUSTOMER SERVICE, PLEASE CALL 018007198911.
Copyright © 2017 WESTERN UNION HOLDINGS, INC. All rights reserved.