DO NOT DIVULGE DETAILS OF THIS MONEY TRANSFER TO A THIRD PARTY.
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- Avice Hall
- 8 years ago
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1 Disclaimers 1) If the exchange rate for your transaction was determined at the time you sent the money, the currency to be paid out and the exchange rate are listed on your receipt. Otherwise, the exchange rate provided is an estimate and the final rate will be set when the receiver collects the funds. 2) Certain terms and conditions governing the money transfer service you have selected are set forth below. By accepting this electronic form, you are agreeing to those terms and conditions. In addition to the transfer fee, Western Union and its partners also make money from currency exchange. Please see important information regarding currency exchange set forth on this electronic form. Protect yourself from consumer fraud. Be careful if a stranger asks you to send money. DO NOT DIVULGE DETAILS OF THIS MONEY TRANSFER TO A THIRD PARTY. 3) Consumer Fraud Alert: We discourage you from sending money to, or at the request of, any unknown person or paying for goods or services prior to their receipt. Please note that Western Union does not guarantee the satisfactory receipt of goods or services paid for by means of a Western Union money transfer. Do not communicate the MTCN or other money transfer details to anybody except the intended recipient as doing so may enable its payout. We caution you against using the Western Union Money TransferSM service as a guaranty of payment for goods or services. In no event shall Western Union or any of its partners be liable if the sender communicates transactional data to any person other than the recipient. 4) Hereby I confirm that this currency operation is neither connected with business or investment activity, nor with immovable property purchase. The terms and conditions on which the service is rendered are set out in this electronic form. By accepting this form I acknowledge that I have read, understood and accepted those terms and conditions. 5) Hereby I consent that Western Union, Western Union Group affiliates, agents and partners (including those outside Ukraine), Ukrainian and foreign government authorities (including enforcement authorities) may process (including without limitation collect, record, systemize, hold, update or change, use, transfer (including cross border transfer), anonymize, block, delete or destroy) all my personal data provided in or together with this form for the purposes of provision of the Western Union service to myself and compliance with applicable foreign and international legislation. Further I expressly consent to receive information on Western Union products and services and selected partners via mail and electronic channels including my , cell phone and SMS/MMS. The mobile operators may charge applicable fees in accordance with their rates. 6) You agree to pay our charges for each money transfer or other transaction which you initiate or request under the Western Union online service. 7) You must pay for the principal amount of a money transfer and our charges by using a bank card or via your bank account (where available). Each time you use the Western Union online service, you agree that Western Union or its partners are authorised to charge your card issuer or your bank account (for 1 P age
2 account based transfers) for the principal amount of any money transfer and the charges relating to the relevant transaction before the money transfer or other transaction will be performed. The charged amount will be notified to you prior to the final authorisation of the transaction. 8) You acknowledge and agree that: (a) when you register with us, you will provide us with true, accurate, current and complete information; (b) you will maintain and promptly update such information to keep it true, accurate, current and complete; (c) you will not use the Western Union online service for or in connection with any prohibited purpose; (d) you will not initiate a money transfer or other transaction under the Western Union online service in breach of the terms and conditions or any other restriction or requirement of use described on this Site; and (e) you are responsible for the security of your password and account log-in in accordance with terms and conditions. 9) You acknowledge and agree that information about you, and the services provided to you, may be provided by Western Union or its partners from time to time to regulatory or governmental authorities, bodies or agencies where: (a) required by law to do so; or (b) if we determine that such disclosure may help to combat fraud, money laundering offences or other criminal activity. 10) By accepting this electronic form I hereby confirm that this agreement is concluded between me and The Public Joint Stock Company Commercial Bank PrivatBank. 2 P age
3 WESTERN UNION MONEY TRANSFER SM SERVICE IS PROVIDED ON THE FOLLOWING TERMS AND CONDITIONS Western Union Money Transfer SM transactions can be sent and picked up at most Western Union Agent locations worldwide. Customers may call the number listed above for the address and hours of nearby locations. Some locations are open 24 hours. 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 or partner ( Agent ) location. The Next Day/2 Day and account-based money transfer services are available upon request to limited countries. The money sent using the Next Day/2 Day money transfer service will be available for collection after 24 and 48 hours respectively. Account-based transfers generally take 3 business days, though transfers to mobile wallets are often available within minutes. 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. Call the number above for details. Money transfers will normally be paid in cash, but some Agents will pay by cheque or a combination of cash and cheque or may offer to the receiver, where available, other ways to receive funds (credit or debit cards) 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 and any other conditions or requirements applicable at the Agent location, for example the money transfer control number, which is mandatory for payout in some countries. The sender authorizes Western Union to honor the receiver s choice of method to receive funds even if it differs from the sender s. 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 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). TRANSFER FEES - Written information explaining how Western Union or partners of Western Union charge the sender for making a money transfer will either be displayed prominently at the Agent location or shown to the sender prior to completion of the payment order. Unless applicable law in the destination country requires otherwise, the sender 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 P age
4 FOREIGN EXCHANGE - Money transfer payments will normally be made in the currency of the destination country (in some countries payment is available only in U.S. dollars or other alternate currency). In addition to the transfer fee applicable to each transfer and if the currency which the sender presents to an Agent is not the currency to be received by the receiver, all currency is converted at Western Union s then current rate of exchange. The currency will be converted at the time of transfer and the receiver will receive the foreign currency amount shown on this form. 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 on this form may be subject to exchange rate fluctuations between the time of transfer and the time the receiver collects the funds. Western Union and/or its partner 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 favorable than some publicly reported commercial exchange rates used in transactions between banks and other financial institutions. Any difference between the currency exchange rate offered to customers and the currency exchange rate received by Western Union will be kept by Western Union (and, in some instances, its Agents) in addition to the transfer fees. Additional information about exchange rates for specific destination countries can be obtained by calling the number at the top of this form or on our website at Sending and receiving in countries that provide payment in multiple currencies: Senders must select the currency of payment at the time the send money transaction is made. The transfer fee and the money Western Union (or its Agents, partners, mobile phone or account provider) makes when it changes the funds into foreign currency may vary based upon the payment currency selected. In some countries it is possible to decide to receive the funds in a currency different from the one that the sender selected. Western Union (or its Agents, mobile phone or account provider) may make additional money when your funds are converted into the currency selected by the receiver. SPECIAL SERVICES TELEPHONE NOTIFICATION to the receiver that the money transfer is available for pick up is offered in most countries for an additional fee. MESSENGER DELIVERY of a cheque or a bank draft is available in some countries to selected destinations for an additional fee. SUPPLEMENTAL MESSAGES may be included for an additional fee with money transfers sent to most countries. SMS Where available, Western Union offers free SMS notification to indicate that the transaction has been collected by the receiver (for the sender) or that funds are available for collection (for the receiver). Charges applied by the service provider are the exclusive responsibility of the sender or receiver. If permitted by applicable law, the SMS will be sent to the sender s and/or receiver s mobile number provided on this form. 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 MOBILE MONEY TRANSFR (MMT) Where available, the receiver may incur additional fees for receiving the sender s 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 of an inconsistency between the account number (including mobile phone numbers for mobile accounts) and name of the receiver, the transfer will be credited to the account number provided by the sender. Western Union may make money from fees associated with use of an account. Western Union accepts no 4 P age
5 responsibility to the sender 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. Western Union accepts no responsibility to the Sender 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. PASSWORD AND SECURITY - You will choose a password and account login upon registering on the site providing Western Union online service. You are responsible for maintaining the confidentiality of your password and account login, and are fully responsible to us for all activities that occur under your password or account login. You agree to immediately notify the Agent providing the service to you on the site of any unauthorized use of your password or account login or any other breach of security. Neither Agent, nor Western Union, are liable for any loss or damage arising from your failure to notify the Agent on any unauthorized use of your password or account login or any other breach of security. REFUND - Western Union will refund the principal amount of a money transfer (at the applicable exchange rate described herein in effect at the time the refund is made) upon the written request of the sender if payment to the receiver is not made or credited within 45 days. Transfer fee refunds are made upon sender s 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 the sender s 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. 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. THE SENDER S TRANSACTION DATA IS CONFIDENTIAL TO HIM AND SHOULD NOT BE SHARED WITH ANY OTHER PERSON OTHER THAN HIS RECEIVER. THE SENDER IS CAUTIONED AGAINST SENDING MONEY TO ANY PERSON HE DOES NOT KNOW. IN NO EVENT SHALL WESTERN UNION OR ANY OF ITS AGENTS BE LIABLE IF THE SENDER COMMUNICATES TRANSACTIONAL DATA TO ANY PERSON OTHER THAN HIS RECEIVER. IN NO EVENT SHALL WESTERN UNION OR ANY OF ITS AGENTS BE LIABLE FOR DAMAGES FOR DELAY, NONPAYMENT OR UNDERPAYMENT OF THIS 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. Neither Western Union, nor its Agent accept any responsibility to you for: (a) the goods or services which you pay for by using the Western Union online service. We strongly advise that you do not use our service to pay for goods purchased from an online seller that you do not know; 5 P age
6 (b) malfunctions in communications facilities which cannot reasonably be considered to be under our control and that may affect the accuracy or timeliness of messages you send to us; (c) any losses or delays in transmission of messages arising out of the use of any Internet access service provider or caused by any browser or other software which is not under our control; (d) (e) the services provided to you by your card issuer; viruses caused by third parties; (f) errors on the web-site making available the service to you or with the Western Union online service caused by incomplete or incorrect information provided to us by you or a third party; (g) any unauthorised use or interception of any message or information before it reaches the site; or (h) any unauthorised use of or access to data relating to you or your transactions which is held by us (unless such use or access is caused by our negligence, fraud or failure to comply with laws relating to the protection of your data); and the contractual relationship between us does not extend to the benefit of the receiver and the receiver does not have an independent right to demand payment Neither Western Union, nor it s Agent have an obligation to you to initiate or perform a money transfer or other transaction as part of the Western Union online service if: (a) (b) we are unable to obtain satisfactory evidence of your identity; we have reason to believe that the transaction message is incorrect, unauthorized or forged; (c) you provide us with incorrect or incomplete information or if your transaction message is not given to us sufficiently in advance to allow for timely provision of the requested transaction; or (d) your card issuer does not authorise your use of your bank card for payment of the transaction and our related charges, and neither Western Union, nor it s Agent assume any liability for damages resulting from non-payment or delay in payment of a money transfer to a receiver or failure to perform a transaction under the Western Union online service by reason of any of these matters. Western Union may refuse to provide the Western Union online service (in whole or in part) to you if to do so may breach any applicable law, order of a court or requirement of any regulatory or governmental authority, body or agency having jurisdiction over us, or if we otherwise consider such action necessary to protect our interests. Western Union reserves the right to change the Western Union online service without notice. Western Union and its Agents may refuse to provide the Western Union online service to any person without giving a reason, in particular to prevent fraud, money laundering or terrorist financing or to comply with any applicable law, order of a court or requirement of any regulatory or governmental authority. When an Agent accepts a cheque draft, credit or debit card or other non-cash form of payment, neither Western Union nor the Agent assumes any obligation to process or pay the money transfer if the form of payment is uncollectible, nor do they assume any liability for damages resulting from nonpayment of the money transfer by reason of such uncollectibility. Western Union reserves the right to change these terms and conditions or the offered service without notice. Western Union and its Agents may refuse to provide service to any person. 6 P age
7 Western Union may change these Terms and Conditions from time to time. Each time you send money with Western Union, you will be provided access to a copy of the Terms and Conditions before completing the transaction. Any amendments to the Terms and Conditions will be posted on site of the Agent providing the Service. DATA PROTECTION Your personal information is processed under the applicable laws. Your personal information is controlled by Western Union (whose detailed data is provided at the outset of this document). Western Union uses personal data ( Information ) provided in the money transfer instruction, together with other information which is collected or generated during the course of your relationship with Western Union, such as transaction and loyalty program details, transaction history and marketing preferences, for the purposes of providing you with the requested services (including, among others, for purposes such as administration, customer service, payment confirmation, user validation, fraud prevention and product and business development activities). Western Union may also use Information in connection with other services, products, convenience and/or rewards programs, you signed up for with Western Union or its affiliates. Western Union will hold and retain information that the sender gives us about another person such as the details of the receiver of the money transfer service (the Third Party s Information ) in order to execute the transaction. The provision of Information and the Third Party s Information is voluntary but necessary (subject to the provisions set out in this paragraph) to execute the transaction. Without the relevant information, Western Union is unable to execute the money transfer, facilitate convenience activities or other requested services. Western Union will use the name and address provided above to send you commercial communications by post. If you choose to provide details of your telephone number, mobile and/or your in the optional entries above you also expressly consent to receipt of such commercial communications and/or being notified of transfer collection in the indicated medium (phone/sms/ /mms), and agree that any charges imposed by relevant service providers are your sole responsibility. If you do not wish to receive marketing communications, please contact Western Union in the manner indicated above. Western Union will disclose Your Information and Your Third Party Information (together the Information ) to third parties located in countries such as the US, with whom we have a contractual relationship to protect Information such as authorized service providers, Agents and other third parties as reasonably required for the purposes indicated in these Terms and Conditions, and to carry out the money transfer or to facilitate future transactions, or to supplement Information with information from publicly available sources, such as information to validate the accuracy of your address. This also helps Western Union to understand and improve our product and service offerings. Western Union may also disclose Information to third parties, where reasonably necessary, for the purposes of the prevention and detection of crime, prosecution of offenders, for purposes of national security or when required by law. Western Union retains Information, the marketing preferences and transaction history of the sender based on our record retention schedules for no longer than is necessary for the purposes for which the data were collected and in compliance with applicable laws. If the sender does not perform another transaction within the retention time period, the sender Information as well as all marketing preferences will be cancelled. You consent to the Information being transferred to countries such as the United States, but not exclusively, whose privacy laws may be less stringent. The Information will be transferred for the purposes indicated in these Terms and Conditions and to enable Western Union to provide the money transfer service and additional services, products and loyalty or convenience programs and also for internal purposes, such as administering the customer relationship, marketing purposes, compliance with legal requirements, research and customer analytics. The categories of data transferred are personally identifiable information, contact details and information relating to the money transfer, transaction history, and any other Information supplied by you. This data may be accessed by Western Union affiliates, as defined by applicable law, including Western Union Payment Services Ireland Ltd, Western Union 7 P age
8 Payment Services UK Limited, Western Union International Limited, and Western Union Financial Services, Inc, MT Payment Services Operations EU/EEA Ltd, MT International Operations Limited, WU Payment Services Network EU/EEA Ltd, for any of the purposes set out in these Terms and Conditions. You have a right to access and to ask for a copy of your Information for which Western Union may charge a small sum to the extent permitted by applicable law. You may also correct, erase or block Information which is incomplete, inaccurate or out-of-date. You may also object at any time on legitimate grounds relating to your particular situation to the processing of your Information, where the processing is not required to complete the service, 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 above during regular business hours. LINKS TO OTHER WEB SITES The Agent s site you use for Western Union online services may contain links and pointers to other World Wide Web Internet sites and resources (the "Linked Sites"). Links to any Linked Site do not constitute an endorsement by, or association with, us of any third party resources or their contents. Links do not imply that we are affiliated or associated with or are legally authorized to use any trademark, trade name, logo or copyright symbol displayed in or accessible through the links, or that any Linked Sites are authorized to use any trademark, trade name, logo or copyright symbol of Western Union. You should direct any concerns regarding any Linked Site to such Linked Site's site administrator or webmaster. We do not represent or endorse the accuracy or reliability of, and expressly disclaim, any advice, opinion, statement, or other information displayed or distributed through any Linked Site. You acknowledge that any reliance upon any opinion, advice, or information displayed on or otherwise available through any Linked Site shall be at your sole risk. CUSTOMER RELATIONS - If you are not satisfied with the service you should telephone the number above. A representative will investigate your concerns fairly and will endeavor to do so speedily. The Western Union Money Transfer Service is provided to you The Public Joint Stock Company Commercial Bank PrivatBank, Ukraine in conjunction with Western Union Financial Services, Inc., an American company (for money transfers from the United States, Canada, and Mexico, and for commercial services transactions) and Western Union International Limited, an Irish company (for all other transactions), through a network of authorised Agents and representatives. FOR CUSTOMER SERVICE CALL: FOR NOTIFICATIONS CALL: westernunion@privatbank.ua Copyright 2015 WESTERN UNION HOLDINGS, INC. All Rights Reserved 8 P age
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