Online money transfers terms and conditions for New Zealand

WESTERN UNION^® ONLINE MONEY TRANSFER^TM SERVICE
THE WESTERN UNION ONLINE MONEY TRANSFER SERVICE IS SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS:

Notes:

The Terms and Conditions (“Terms and Conditions”) below are in effect for all westernunion.com/nz transactions on or after July, 2015. The Terms and Conditions set forth below describe the terms and conditions that apply to and govern Your (as defined below) access to and use of the Western Union Web site and Services (as defined below). Do not use or access the Western Union Web site or Services if You do not agree to be bound by such Terms and Conditions.
The Western Union^® Money TransferTM service is provided in New Zealand by Western Union International Limited through a network of authorized Agents and representatives worldwide.
Western Union International Limited has a principal office at Richview Office Park, Unit 9, Clonskeagh, Dublin 14, Ireland.

1. THE WESTERN UNION MONEY TRANSFER SERVICE.
A Western Union Money TransferTM consumer that is located in New Zealand (the “Sender”) may send a money transfer to a designated recipient (the “Receiver”) through the Western Union Web site westernunion.com/nz website (the “Service(s)”) using a Visa^® card or MasterCard^® issued by a New Zealand card issuer.
“You” or “Your” may be used to refer to the Sender and/or the Receiver depending on the context in which it is used.

Regular money transfers are usually available within minutes for pick up by the receiver, subject to the opening hours of the receiving Western Union Agent (“Agent”) location. Account-based money transfer services are available upon request to limited countries and generally take up to 5 business days. Exceeding amount limitations, regulatory restrictions or other restrictions in certain countries may delay the transaction. Western Union does not act as the agent or representative of any bank for any purpose and does not accept deposits on behalf of any bank.

Money transfers will normally be paid in cash, but some Agents may pay by cheque or a combination of cash and cheque or may offer or the receiver may choose other ways to receive funds and some money transfers may be paid to accounts. All cash payments are subject to availability, receivers showing documentary evidence of their identity and providing all details about the money transfer required by Western Union, including sender’s and receiver’s names, country of origin, approximate sum, MTCN and any other conditions or requirements applicable at the Agent location. The sender authorizes Western Union to honor the receiver’s choice of method to receive funds even if it differs from Yours. Cash money transfers shall be paid to the person that Agents deem entitled to receive the transaction after verification of identity often through examination of identification documents. Such payment can be made even when the form filled out by the receiver contains minor errors. Neither Western Union nor its Agents carry out a comparison of the “To Send Money” form against the “To Receive Money” form to verify the address given for the receiver. In some destinations the receiver may be required to provide identification, a test question answer or both to receive funds in cash. Test questions are not an additional security feature and cannot be used to time or delay the payment of a transaction and are prohibited in certain countries.

Applicable law prohibits money transmitters from doing business with certain individuals and countries. Western Union is required to screen all transactions against lists of names provided by the governments of the countries in which we do business, including the US Treasury Department’s Office of Foreign Assets Control (OFAC) and the European Union. If a potential match is identified, Western Union researches the transaction to determine if the name matched is the individual on the relevant list. On occasion, customers are required to provide additional identification or information, delaying transactions. This is a legal requirement for all transactions processed by Western Union (inclusive of transfers that originate and terminate outside of the US).

2. FEES, PAYMENT AND CURRENCY EXCHANGE.
Fees. In consideration for the use of the Service, You agree to pay to Western Union a fee for each money transfer initiated by You at the applicable rate then in effect (the “transfer fee”). The applicable transfer fee for Your transaction will be provided to You prior to Your final authorization of the transaction, in addition to any applicable fees for additional services. Unless applicable law in the destination country requires otherwise, You will bear all fees for the money transfer. In certain cases, payment of a money transfer may be subject to local taxes and service charges.

3. CURRENCY EXCHANGE.
WESTERN UNION ALSO MAKES MONEY WHEN IT CHANGES YOUR NEW ZEALAND DOLLARS INTO FOREIGN CURRENCY. All payments will be made in the currency of the destination country (except in a limited number of instances where payment is made in U.S. dollars or other currency through a Western Union Agent location in the destination country). In addition to the transfer fees applicable to this transaction, a currency exchange rate will be applied. The currency will be converted at an exchange rate set by Western Union at the time of transfer. Western Union calculates its rate of exchange based on commercially available interbank rates plus a margin. Most rates of exchange are adjusted several times daily in line with the relevant closing rate of global financial markets. The exchange rate applied may be less favourable than some publicly reported commercial exchange rates used in transactions between banks and other financial institutions. Any difference between the rate given to consumers and the rate received by Western Union will be kept by Western Union (and, in some cases, its Agents) in addition to the transfer fees. In a few countries local regulations require the currency to be converted at the time the receiver is paid, in which case the exchange rate and any amounts shown to You may be subject to exchange rate fluctuations between the time of transfer and the time the receiver collects the funds. For information concerning the current currency exchange rates provided by Western Union to its consumers call the number below.
Sending and receiving in countries that provide payment in multiple currencies: In some countries, it is possible for the receiver to elect to receive a different currency from the one that You selected for payment, in which case the currency exchange rate that Western Union applies to Your transaction may differ from the one applicable to a transaction paid in the currency You selected, and Western Union (or its Agents) may make additional money when the funds are converted from the payment currency selected by You into the currency the receiver has selected.

4. PAYMENT.
Transfer fees and the principal amount are due and payable before Western Union processes the transaction. You must pay for the Service by Visa card or MasterCard. If Western Union does not receive authorization from the card issuer, the transaction will not be processed and funds will not be transmitted to the Receiver. Each time You use the Service You agree that Western Union is authorized to charge Your designated card account for the principal amount, the transfer fee and any other applicable fees. Your agreement with the card issuer governs use of Your card, and You must refer to that agreement to ascertain Your rights and liabilities as a cardholder, which may include a “cash advance” fee.

5. SPECIAL SERVICES (Not available with all Western Union Services)
SMS – Where available, Western Union offers free SMS notification to indicate that Your transaction has been collected by the receiver. Charges applied by Your telecommunications service provider are Your exclusive responsibility. If permitted by applicable law, the SMS will be sent to the mobile number You have provided. Western Union will send SMS messages to a third party gateway for delivery. Western Union is not responsible for undelivered SMS or technical malfunctions that occur outside of its proprietary systems.
ACCOUNT BASED TRANSFERS – Where available, the receiver may incur additional fees for receiving Your funds through a mobile telephone or to a bank or other account. Transfers should be sent to a local (receiver) currency account, otherwise the receiving institution may convert the funds at its own exchange rate or reject the transaction. The receiver’s agreement with its mobile phone service, mWallet, bank or other account provider governs the account and determines their rights, liability, fees, funds availability and account limitations. In the event that the account number You provided (including mobile phone numbers for mobile accounts) does not belong to named receiver, Your transfer will be credited to the account number You provided. Western Union may make money from fees associated with use of an account. Western Union accepts no responsibility to You nor to any account holder for any fees, exchange rates used for conversion to non-local currency, acts or omissions of the destination or intermediary financial service providers.

6. REFUND & ADMINISTRATION CHARGE.
Western Union will refund the principal amount of Your money transfer (at the applicable exchange rate described herein in effect at the time the refund is made) upon Your written request if payment to the receiver is not made or credited within 45 days. Transfer fee refunds are made upon Your written request if the money transfer is not available to the receiver within the time specified for the selected service, subject to the business hours of, and availability of funds at, the location selected for payment and other conditions, including, without limitation, conditions beyond the control of Western Union or its Agents, such as inclement weather or telecommunications failure. Transfer fees are not refunded if the transfer is stopped at Your request. Payment of some money transfers may be delayed as a result of the application of United States or other applicable laws. To the extent allowed by law, Western Union may deduct an administrative charge from money transfers that are not picked up within one year of the send date.

7. LIMITATION OF LIABILITY.
LIABILITY – WESTERN UNION DOES NOT GUARANTEE THE DELIVERY OR SUITABILITY OF ANY GOODS OR SERVICES PAID FOR BY MEANS OF A WESTERN UNION MONEY TRANSFER. YOUR TRANSACTION DATA IS CONFIDENTIAL AND SHOULD NOT BE SHARED WITH ANY OTHER PERSON OTHER THAN YOUR RECEIVER. YOU ARE CAUTIONED AGAINST SENDING MONEY TO ANY PERSON YOU DO NOT KNOW. IN NO EVENT SHALL WESTERN UNION OR ANY OF ITS AGENTS BE LIABLE IF YOU COMMUNICATE TRANSACTIONAL DATA TO ANY PERSON OTHER THAN YOUR RECEIVER. IN NO EVENT SHALL WESTERN UNION OR ANY OF ITS AGENTS BE LIABLE FOR DAMAGES FOR DELAY, NONPAYMENT OR UNDERPAYMENT OF YOUR MONEY TRANSFER, OR NON-DELIVERY OF ANY SUPPLEMENTAL MESSAGE, WHETHER CAUSED BY NEGLIGENCE ON THE PART OF THEIR EMPLOYEES OR AGENTS OR OTHERWISE, BEYOND THE SUM EQUIVALENT TO US$500 (IN ADDITION TO REFUNDING THE PRINCIPAL AMOUNT OF THE MONEY TRANSFER AND THE TRANSFER FEE). IN NO EVENT WILL WESTERN UNION OR ITS AGENTS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES. THE FOREGOING DISCLAIMER SHALL NOT LIMIT WESTERN UNION’S OR AGENT’S LIABILITY FOR DAMAGES RESULTING FROM WESTERN UNION’S OR AGENT’S GROSS NEGLIGENCE OR INTENTIONAL MISCONDUCT IN THOSE JURISDICTIONS WHERE SUCH A LIMITATION OF LIABILITY IS VOID.

Western Union reserves the right to limit the principal amount of a money transfer, or to reject a proposed money transfer, in its sole discretion. Western Union assumes no obligation to make payment of the money transfer or to complete the applicable money transfer transaction if Western Union does not receive authorization from the card issuer, nor does Western Union assume any liability for damages resulting from nonpayment of the money transfer or any failure to complete any applicable Service transaction by reason of such lack of authorization. Western Union is not affiliated with or responsible for goods and/or services provided by merchants and paid for through its Services. Western Union reserves the right to refuse to provide the Services to You, at any time, for any reason deemed necessary to protect Western Union’s interests.

8. INDEMNITY.
You agree to indemnify, defend and hold harmless Western Union, and all its officers, directors, owners, agents, employees, affiliates, licensors, licensees and third party service providers (collectively, the “Indemnified Parties”) from and against any and all losses, damages, liabilities, and claims and all fees, costs, expenses of any kind related thereto (including, without limitation, legal costs on a full indemnity basis) incurred by the Indemnified Parties in connection with any claim arising out of, based upon or resulting from (i) Your access to and/or use of the Western Union Web site or Services including, without limitation, the money transfer services; and/or (ii) Your violation of the Terms and Conditions. Western Union reserves the right, at its own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by You. You shall not in any event settle any matter without the written consent of Western Union.

9. CUSTOMER RELATIONS & CONTRACT.
You agree to accept all subsequent disclosures (including, without limitation, disclosures required under laws relating to privacy or electronic fund transfers) and other communications to the extent necessary to complete the transactions or to the extent otherwise described in section 13 of these terms and conditions. You may print and retain a copy of all such disclosures and communications by using Your personal computer and printer. In the event that Your primary email address changes, You must notify Western Union. You may revoke Your consent at any time by contacting customer service. We reserve the right to verify any of the information you provide. We may third party service providers to verify consumer information that you have provided. f you are not satisfied with the service you should contact Western Union Customer Service on the number below. A representative will investigate your concerns fairly and will endeavour to do so speedily. Western Union is a member of an independent dispute resolution scheme operated by Financial Services Complaints Limited (“FSCL”) and approved by the Ministry of Consumer Affairs. If you are not satisfied with our response to your complaint, you may refer the matter to FSCL within a 2 month period from when Western Union’s complaint process has been concluded or 40 days has elapsed since the complaint was first made. FSCL will probably not be able to assist you if you do not contact them within this time period. Full details of how to access the FSCL scheme can be obtained on their website www.fscl.org.nz. For the purposes of the Contracts (Privity) Act 1982, both Western Union and You acknowledge that where the receiver is, or You send funds on behalf of a third person, these terms and conditions are not intended to create an obligation, or any other rights, enforceable by such third person against Western Union.

10. INTELLECTUAL PROPERTY.
The Western Union Web site and Service, the content, and all intellectual property pertaining thereto and contained therein (including but not limited to copyrights, patents, database rights, trademarks and service marks) are owned by Western Union or third parties, and all right, title and interest therein and thereto shall remain the property of Western Union and/or such other third parties. The Western Union Web site and Service may be used only for the purpose permitted by these Terms and Conditions. You are authorized solely to view and retain a copy of the pages of the Western Union Web site for Your own personal, non-commercial use. You agree that You may not duplicate, publish, modify, create derivative works from, participate in the transfer of, post on the World Wide Web, or in any way distribute or exploit the Western Union Web site, the Service or any portion thereof for any public or commercial use without the express written consent of Western Union. You further agree not to: (i) use any robot, spider, scraper or other automated device to access the Western Union Web site and/or Service; and (ii) remove or alter any copyright, trademark or other proprietary notice or legend displayed on the Western Union Web site (or printed pages thereof). The name Western Union and other names and indicia of ownership of Western Union’s Service are the exclusive marks of Western Union or third parties. Other product, service and company names appearing on the Web site may be trademarks of their respective owners.

11. LINKS TO OTHER SITES.
The Western Union Web site may contain links and pointers to other World Wide Web Internet sites and resources not owned by Western Union (the “Linked Sites”). Links to any Linked Site do not constitute an endorsement by or association with Western Union or any of its affiliates to any third party resources or their contents. Links do not imply that Western Union is affiliated or associated with or is 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 or any of its affiliates. You should direct any concerns regarding any Linked Site to such Linked Site’s site administrator or Webmaster. Western Union does not represent or endorse the accuracy or reliability of, and expressly disclaims, any advice, opinion, statement, or other information displayed or distributed through any Linked Site. If you visit a Linked Site or contact an advertiser, that dealing will be solely between you and the Linked Site or advertiser. You agree that reliance upon any opinion, advice, or information displayed on or otherwise available through any Linked Site shall be at Your sole risk.

12. TERMINATION.
Western Union may terminate your access and registration as a user to any part of, or all of, the Western Union Web site and related Services, with or without cause, with or without notice effective immediately, for any reason whatsoever (including without limitation, a failure by you to comply with any of the Terms and Conditions; or at any time and without notice, remove, amend and/or vary any of the content which appears on the Western Union Web site or cease operating the Western Union Web site and related Services in whole or in part.

13. DATA PROTECTION.
Your personal information is processed under applicable laws and is controlled by Western Union. We use personal information you provide to us when using our products and services, as well as other information that is collected or generated during our relationship with you. This includes information from other services like money transfers, bill payments, loyalty or membership program details, previous use of our services history, and marketing choices. This information is used to provide you with the services you have asked for and for activities such as administration, customer service, anti-money laundering, compliance and legal duties, validate your details, to help us understand our consumers by doing analysis and research of the information we hold, to help prevent and detect fraud, debt and theft, to help us improve our products, services and operations, and, subject to your choices, send you commercial communications by email, telephone, post, SMS and by any other relevant channel.

Western Union may use, collect from and share with other businesses that work with us, information from other products and services and convenience and/or rewards programs, for which you have registered. This information may be used for any of the purposes in this section. We will hold and retain the information that you give us about another person including the details of the receiver of our services in order to execute the transaction. Prior to providing this information you are obliged to notify and secure authorisation from the other person on the use of this information as set out in this section. The provision of this information is optional information, but needed to execute the transaction and provide these services to you. Without it, Western Union is unable to execute the money transfer or payment service, facilitate convenience activities or other requested services. The collection of such information relating to identity is a mandatory requirement under the Financial Transactions Reporting Act 1996 and the Anti-Money Laundering and Countering Financing of Terrorism Act 2009.

We may provide the information we hold to parties located in countries other than the country in which the information originally was collected or created, including to affiliates in the United States, for the purposes set out in this section. The categories of data transferred include personally identifiable information, contact details and information relating to the money transfer, transaction history, and any other information supplied by you. We may also provide the information to other organisations and authorised service providers, including those that help us run our business, if there is a reasonable need to do so, to carry out or aide the money transfer, future services, or for any of the reasons or uses set out in this section. We may add to information you provide with information from other businesses or individuals, including information to validate the accuracy of your information provide by you. Western Union and our affiliates worldwide may disclose your personal information, including without limitation your name, customer ID number, address and bank account information, (i) if we are required to do so by domestic or foreign law or legal process or (ii) to law enforcement authorities or other government officials (including those in this country, the United States or elsewhere) for purposes such as detecting, investigating, prosecuting and preventing crimes, including money laundering and related criminal activity, and the recipients may further disclose the information for these and other related purposes. The information we hold may be access by Western Union and our affiliates including any authorized third party service providers for any of the reasons set out in this section or for other purposes to which you have agreed.

You have a right to ask us to see and get a copy of your information, for which we may charge a small fee. You can also correct, erase or limit our use of the information which is incomplete, inaccurate or out-of-date. And you may object at any time on legitimate reasons to the use of your information, where the processing is not required to complete the service, or required by a law or regulation. If you wish to exercise these rights or no longer wish to receive commercial communications from Western Union, please call Western Union using the number below during regular business hours or alternatively by contacting us via our website.

14. MISCELLANEOUS.
These Terms and Conditions, together with all other items incorporated herein by reference, embody the entire agreement and understanding between You and Western Union and supersede all prior agreements or understandings You have with Western Union. Western Union has the right to assign these Terms and Conditions to a subsidiary or affiliate company, or any third party, at any time without Your consent. You may not assign or transfer these Terms and Conditions without Western Union’s prior written consent. If any one or more 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. Your access to and use of the Western Union Web site and Service is governed by the laws of New Zealand. You irrevocably submit to the non-exclusive jurisdiction of the courts of New Zealand and any courts which have jurisdiction to hear appeals from such courts and you waive any right to object to proceedings being conducted in the courts of New Zealand. This Western Union Web site and Service are directed to persons age 18 and over residing in New Zealand. If you are under the age of 18, you must only use the Western Union Web site or Service with the consent of your parent or guardian, who must accept these Terms and Conditions on your behalf. The Western Union Web site and Service are not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation.

For consumer inquiries or comments, please write to:
WESTERN UNION FINANCIAL SERVICES, INC., P.O. Box Q1522, QVB Post Office, Sydney NSW Australia 1230.

FOR TELEPHONE CUSTOMER SERVICE, PLEASE CALL: 0800 005 253