YOUR PROFILE REGISTRATION IS SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS (“TERMS”). THE CONTRACTING ENTITY FOR THESE TERMS IS WESTERN UNION Payments (Malaysia) Sdn. Bhd.
Registering a profile (“Profile”) will allow you to store information, including your personal information and that of parties you may send money to or request money from, which can then be accessed to facilitate services that the Western Union (“WU”) group companies and affiliates may make available to you from time to time including the WU Money Transfer service (“MT Service”) (together, the "Services"). For the avoidance of doubt, the MT Service is carried out in Malaysia by Western Union Payments (Malaysia) Sdn. Bhd.
LOGIN AND PASSWORD. PROFILE TERMINATION AND SUSPENSION
The email address you register with WU will be your Profile login user identification. You are not permitted to create more than one Profile. You should protect your login and your chosen password, and not disclose it to anyone else. If your username or password has been compromised, you must inform WU immediately at the contact points provided below. You may terminate your Profile without charge at any time by contacting WU at the contact points provided below. WU may at any time suspend or terminate your Profile or access to individual Services at any time, whether for events beyond WU’s reasonable control, technical connectivity issues, breach of these Terms or the applicable terms and conditions for the MT Service. It is your responsibility to keep your Profile details up-to-date, as incorrect or outdated information may prevent or delay your Services use.
ACCESS TO YOUR PROFILE AND USE OF THE SERVICES
A. You agree to:
i. keep your Profile details up-to-date;
ii. access your Profile and use the Services only for lawful purposes and in a lawful manner at all times and further agree to conduct any activity relating to your Profile or the Services in good faith;
iii. comply with any and all guidelines, notices, policies and instructions pertaining to the use of the Services and/or access to your Profile, as well as any amendments thereto issued by WU from time to time;
iv. ensure that any information or data you post or cause to appear on your profile is accurate; and
v. comply with any request from WU to provide further documents or information to enable WU to verify your identity.
B. Use of the Services are restricted to customers with a Profile only. You may not obtain or attempt to obtain unauthorized access to such Services, or to any other protected information, through any means not intentionally made available by WU for your specific use.
You will be required to provide WU with certain personal information to allow WU, among other things, to verify your identity, to receive payment authorization from your financial institution; and to complete the transaction (if you use the MT Service). WU’s Privacy Statement, available here, describes how WU collects, uses and discloses your personal information in connection with your profile registration. By accepting these Terms, you acknowledge that you have read and agree with the Privacy Statement and consent to our collection, use and disclosure of your personal information for the purposes as set out in the Privacy Statement.
LIMITATION OF LIABILITY
(i) UNAUTHORISED TRANSACTIONS
YOUR LOGIN AND PASSWORD ARE CONFIDENTIAL AND MUST NOT BE SHARED WITH ANY PERSON. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WU EXCLUDES ANY LIABILITY FOR TRANSACTIONS INITIATED WITH THE USE OF YOUR LOGIN AND PASSWORD BUT WITHOUT YOUR AUTHORISATION. IN NO EVENT WILL WU BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES. THE FOREGOING DISCLAIMER SHALL NOT LIMIT WU’S LIABILITY FOR ANY LOSS TO THE EXTENT THAT SUCH LOSS RESULTS FROM ITS OWN NEGLIGENCE OR INTENTIONAL MISCONDUCT.
(ii) WEBSITE AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE”
You understand and agree that the Website and its content and the Services are provided on an “as is” and “as available” basis and, except to the extent expressly provided for under applicable law, WU expressly disclaimS all representations or warranties or conditions of any kind or nature whatsoever, whether express or implied, and whether arising by statute or otherwise in law, from a course of dealing or usage of trade, including without limitation, any implied warranties or conditions, any condition or warranty of merchantability, title or non-infringement of third parties rights and any condition or warranty of fitness for a particular purpose.
Notwithstanding anything contained herein, if You are dealing as a Consumer under the Consumer Protection Act 1999 (“CPA“): (i) WU gives you such implied warranties under the CPA that cannot be excluded by the CPA; (ii) these Terms are intended to exclude or limit the rights and remedies you may have to the maximum extent permitted by law and the CPA; and (iii) nothing in these Terms are intended to exclude or limit WU’s liability to you for any loss or damage arising from (i) negligence on WUs part or (ii) breach of any express terms contained herein or implied by the CPA which cannot be excluded without adequate justification.
ELECTRONIC DELIVERY OF RECEIPTS AND COMMUNICATION
You agree to accept all MT Service transaction receipts and other communication (including, without limitation, disclosures required under laws relating to privacy or electronic fund transfers) between you and WU on the WU website (“Website”), the WU mobile app (“App”) or at the email address or via SMS to the mobile phone number you provided during Profile registration or updated by you using the Services. You must notify WU through the App or the Website if your email address or mobile phone number changes.
A. In connection with your access to the Profile, or in the course of your interaction with any other user or a third party, you must not:
i. violate any laws, regulations or third party rights, breach these Terms, the Privacy Statement or any other policy featured on the Website;
ii. infringe WU’s’ copyright, patent, trademark, trade secret or other intellectual property rights;
iii. provide false, fraudulent, inaccurate or misleading information;
iv. use an anonymizing proxy;
v. distribute viruses, trojan horses, worms, or other computer programming technologies that may harm the Website, or the interests or property of any other users and any other third parties;
vi. attempt to gain unauthorized access to or otherwise interfere or disrupt other computer systems or networks connected to the Services;
vii. transfer your Profile to another third party without WU’s prior written consent;
viii. use your Profile for, or in relation to, any illegal purpose or criminal activity of any nature; or
ix. facilitate any illegal or unlawful or fraudulent activity of any nature.
B. If we reasonably suspect that you are engaging in any of the restricted activities as set out above, we may, take the following action(s):
i. report any suspicious or illegal activity to the relevant authorities;
ii. cancel or refuse any transactions;
iii. suspend or close any Profile; or
iv. take further steps as WU, in its reasonable discretion, may deem necessary, including taking legal action against you.
C. If we close your Profile, we will provide you with notice of the closure at the earliest time possible.
D. In the event of the suspension of your Profile, we will inform you of the suspension whenever reasonably possible, and provide you with the opportunity to request for restoration of access if and when appropriate. Any restoration of access shall be at WU's sole and absolute discretion and shall be subject to WU’s prevailing policies and procedures.
The WESTERN UNION name and logo, and all names or logos related to the Website and Services are either trademarks or registered trademarks of the company (or its affiliates, suppliers, partner businesses or licensors, as applicable). You acknowledge that the Website, the Services and any underlying technology used in connection with the Services contain intellectual property and proprietary information. You may not use, reproduce, distribute, modify or create derivative works of, publicly display (including by framing any content), or commercially exploit any part of the Website or Services, or aforementioned registered or unregistered trademarks, intellectual property or proprietary 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 your personal, non-commercial use. In addition, all page headers, custom graphics, button icons, and scripts are service marks and/or trademarks of WU. You may not use, reproduce, distribute, modify or create derivative works of them without our prior written consent.
All right, title and interest in and to the Website, its content, the Services, the technology used in connection with the Services, and any and all technology and any content created or derived from any of the foregoing is the exclusive property of WU (or its affiliates, suppliers, partner businesses or licensors, as applicable).
WU may provide links on the Website to other Services or web-based resources, including those operated by parties other than WU. These links are provided for your convenience and WU is not responsible for the availability of websites or resources offered by third parties. WU does not endorse or accept responsibility for the content of such external websites or resources. Your access and viewing of any third party websites or resources is conducted at your own risk.
Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
These Terms, together with all other items incorporated herein by reference, embody the entire agreement and understanding between you and WU and supersede all prior agreements or arrangements you have with WU. WU has the right to assign its agreement with you to a subsidiary or affiliate company, or any third party, at any time without your consent. You may not assign or transfer your agreement with WU without WU's prior written consent. If any one or more of these Terms shall for any reason be held to be invalid, illegal or unenforceable, the remaining provisions shall remain valid and enforceable.
These Terms are subject to change from time to time as notified on the webpage, and you will be deemed to have accepted any such change if you continue to use the Services after such change takes effect.
APPLICABLE LAW AND JURISDICTION
These Terms and Conditions shall be governed and construed in accordance with the laws of Malaysia and the parties submit to the non-exclusive jurisdiction of the courts of Malaysia and any courts which have jurisdiction to hear appeals from such country and you waive any right to objection proceedings being conducted in such courts
For consumer inquiries or comments, contact Western Union by calling 1800-81-3399 or by using the Contact Us section of the Website.
© 2018 WESTERN UNION HOLDINGS, INC. All Rights Reserved. Last Revised January 2018