THE WESTERN UNION MONEY TRANSFER SERVICE IS SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS:
THE WESTERN UNION MONEY TRANSFER SERVICE
In the event there is any inconsistency between the English version of the westernunion.ca web site and the French version, the English version shall be binding.
A Western Union Money Transfer customer (the "Sender") may send a Money Transfer to a designated receiver (the "Receiver") anywhere in the world where Western Union offers its services over the Internet (the "Service") using a Canadian issued Visa or MasterCard credit card, or Visa or MasterCard branded debit card ("Card"). Money Transfers will normally be paid to the Receiver in cash, cheque or a combination thereof, or in selected U.S locations. via the Western Union Cash CardSM subject to currency availability and the conditions applicable to the selected payment location. In certain destination countries, Money Transfers will always be paid in U.S. dollars. Money Transfers are available for pick up by the Receiver promptly after validation of Sender information which may take up to 24 hours, on a "Will Call" basis, at Western Union agent locations in the destination country. Certain money transfer services, transfers that exceed certain principal amounts, and/or transfers to certain destinations may take longer or be subject to additional restrictions. For certain international destinations, a Test Question is required to be provided for some or all Money Transfers to that destination, and in those destinations, the Receiver may be required to provide either proper identification or the correct answer to the Test Question, or both, to receive payment. Please contact Western Union at the Customer Service telephone number listed below for current information regarding the availability of Test Questions for your selected destination. Western Union reserves the right to limit the principal amount of a Money Transfer, or to decline to accept or pay any Money Transfer that it or its agents determine in their sole discretion violates any applicable law or Western Union policy. Please contact Western Union at the Customer Service telephone number listed below for current information regarding the conditions applicable to the service you have selected or your expected payment location. When required by applicable law, Money Transfers sent or received in Canada will be reported to federal, provincial, local and/or foreign authorities. You will be required to provide Western Union with certain information to allow us, among other things: to verify your identity; to receive appropriate Card authorization; and/or to complete the transaction. Please refer to Western Union's Online Privacy Statement for information concerning Western Union's use of this and other personal information.
FEES, PAYMENT AND CURRENCY EXCHANGE
Transfer 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.
Currency Exchange. 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 in the destination country). In addition to the transfer fees applicable to this transaction, a currency exchange rate will be applied. Canadian currency is converted to foreign currency at an exchange rate set by Western Union. Any difference between the rate given to customers and the rate received by Western Union will be kept by Western Union (and, in some cases, its international agents) in addition to the Transfer Fees. Any refund in the event of nonpayment will be made at the applicable exchange rate as described above in effect at the time of reconversion into Canadian Dollar. For information concerning the current currency exchange rates provided by Western Union to its customers call toll-free to 1-800-235-0000 (English/French) or 1-800-325-4045 (Spanish).
Payment. Transfer fees and the principal amount are due and payable before Western Union processes the transaction. You must pay for the Service with your Card. If Western Union does not receive authorization from the Card issuer, the transaction will be not be processed and funds will not be transmitted to the Receiver. Western Union assumes no liability for damages resulting from or arising out of non-payment of the Money Transfer by reason of non-receipt of authorization from the Card issuer. 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 your 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.)
REFUNDS OF PRINCIPAL AMOUNT and cancellation of the Money Transfer will be made upon written request of the Sender if payment to the Receiver has not yet been made at the time the request is processed by Western Union. Refunds will be made within 45 days of receipt of a valid written request from the Sender. REFUNDS OF FEES will be made upon written request of the Sender if the Money Transfer is not available to the Receiver within the time specified by Western Union for the selected service, subject to the business hours of the location selected by the Receiver for payment and other special conditions. Refunds will be made within 45 days of receipt of a valid written request from the Sender.
TELEPHONE NOTIFICATION to the Receiver that the Money Transfer is available for pick up is offered in Canada and certain international destinations. MESSENGER DELIVERY of a Money Transfer cheque is available to selected international destinations (not available in the U.S.). SUPPLEMENTAL MESSAGES may be included with domestic and most international Money Transfers.
If a Money Transfer is not picked up by the Receiver or is not canceled by the Sender prior to pick up within one (1) year of the date it was sent, there will be a non-refundable administration charge where permitted by law. The administration charge will be deducted from the principal amount of the Money Transfer. The administration charge is fifty (50) cents per month from the date the Money Transfer was sent, but not more than forty-two (42) dollars.
RESOLUTION OF DISPUTES
Any dispute or claim arising from or relating to this Money Transfer that involves a claim by Sender for less than $10,000, exclusive of interest, arbitration fees and costs, shall be settled by arbitration administered by the American Arbitration Association (AAA) under its Arbitration Rules for the Resolution of Consumer Related Disputes. Any other dispute or claim arising from or relating to this Money Transfer shall be settled by arbitration administered by the AAA under its Commercial Arbitration Rules, with such arbitration to be held in the most populous city in the province from which the Money Transfer was sent, or in such other location as the parties may mutually agree. Each party shall bear its own lawyer's, expert's and witness fees, which shall not be considered costs of arbitration. Judgment on any award rendered by the arbitrator may be entered in and enforced by any court having jurisdiction thereof. The parties agree that neither of them shall have the right to participate as a representative or a member of any class of claimants pertaining to any claim subject to arbitration under this paragraph and that claims of third parties shall not be joined in any arbitration between the parties. If any portion of this paragraph is deemed invalid or unenforceable, it shall not invalidate the remaining portions of this paragraph. THE PARTIES ACKNOWLEDGE AND AGREE THAT, EXCEPT AS EXPRESSLY PROVIDED IN THIS PARAGRAPH, THEY ARE WAIVING ALL RIGHTS TO A TRIAL BY COURT OR JURY AS A MEANS OF RESOLVING ANY DISPUTES ARISING OUT OF OR RELATING TO THIS MONEY TRANSFER.
LIMITATION OF LIABILITY
IN NO EVENT SHALL WESTERN UNION BE LIABLE FOR DAMAGES FOR DELAY, NONDELIVERY, NONPAYMENT OR UNDERPAYMENT OF THIS MONEY TRANSFER, OR ANY SUPPLEMENTAL MESSAGE, WHETHER CAUSED BY NEGLIGENCE ON THE PART OF ITS EMPLOYEES OR AGENTS OR OTHERWISE, BEYOND THE SUM OF $500 (in addition to refunding the principal amount of the Money Transfer and the fees), unless the Sender has obtained a higher liability limit by calling the telephone number set out at the bottom of this form and paying an additional charge therefor. IN NO EVENT WILL WESTERN UNION BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES. THESE CONDITIONS CANNOT BE CHANGED OR SUPPLEMENTED ORALLY
Western Union and its agents reserve the right to decline to send or refuse to pay any money transfer that either of them determines in their sole discretion violates any applicable law or Western Union Policy.
Western Union Canada
P.O Box 8, Suite 300
FOR CUSTOMER SERVICE PLEASE CALL 1-800-235-0000