WESTERN UNION FINANCIAL SERVICES_ INC by jianghongl

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									WESTERN UNION INTERNATIONAL LTD.
Western Union® Card Programme Agreement
(Effective May 2006)

Important Information for Participants in the Western Union Card Programme
This Western Union Card Programme Agreement (“Agreement”) contains the terms and conditions
governing the Western Union Card Programme (“Programme”). The terms “Western Union” “we” “us”
and “our” used in this Agreement mean Western Union International Ltd., Richview Office Park, Unit 9,
Clonskeagh, Dublin 14, Ireland “You” and “your” means the person to whom is issued a Western Union
Card pursuant to this Agreement (“Card”). “Receiver” means each person to whom money is sent on
your behalf by us or our agent. “Sender” is each person from whom you receive money through us.
“Participating Agent location” means a Western Union Agent location that participates in the
Programme.

1. This is Your Contract With Us. You should read this Agreement and keep it for your records. All
transactions using the Card are subject to the terms and conditions of this Agreement. By using the
Card or by otherwise participating in the Programme, you agree to the terms of this Agreement..
Your Card is required to perform any Programme transactions. Your Card remains the property of
Western Union and must be returned to us immediately upon our request. To benefit from all its
advantages your Card can only be used by you. Its use is subject to the terms of the Agreement. This
Card is personal and cannot be shared.

2. Description of The Programme.
A. Convenience: The Programme allows you to request completion of Western Union Money Transfer®
transactions (“Qualifying Transaction”) at Participating Agent Locations more conveniently. The
Programme allows you to provide information about yourself, which we will store electronically by
means of a database duly registered according to Portuguese data protection laws, which will be
managed by Western Union so that it will be available automatically at Participating Agent locations
whenever you present your Card. All money transfers that you initiate using the Programme are subject
to the terms and conditions set out in this Agreement, as well as the terms and conditions applicable to
Qualifying Transactions initiated at Participating Agent locations where you send/receive the money
transfer (these terms and conditions appear on the “To Send Money” and “To Receive Money” forms
available from Participating Agent locations). In order to use the Card and participate in the Programme,
you must fulfil all requirements pursuant to law, together with Western Union policy to enable you to
send/receive money transfers in a particular country.
B. Rewards: The Programme enables you to earn points based on the fee paid for each Qualifying
Transaction sent from Participating Agent locations (“Points”), as described herein. In order to qualify for
Points, you must: i) present your Card at the beginning of each Qualifying Transaction; ii) complete the
transaction at a Participating Agent location; iii) if required by local laws, present valid identification
which bears the same name as the name which appears on your Card (and any other information
required by the Participating Agent location); and iv) satisfy all other requirements of the Programme.
Your Points will be added to your Card at the time of each Qualifying Transaction. Points are not earned
for transactions performed by you over the internet or when you receive money transfers or for payment
services transactions, known as “Quick Pay”.

3. Participation in the Programme. The Programme is open to private individuals who are 18 years
and older and have a main residence at a valid Portuguese address. Only one application per person
will be accepted. We may, in our discretion and always according to the legal imperatives in force,
refuse to accept your application if you do not satisfy our application criteria from time to time.

4. Obtaining Points for Transactions without Your Card. If you carried out a Qualifying Transaction
but did not use your Card, you may still acquire Points by sending a legible copy of your send
transaction receipt, which includes the Money Transfer Control Number (MTCN) and your Card number
to us at the address in Section 16 below. Western Union reserves the right not to issue Points if it
                                                                  Western Union Card Programme – Portugal/2006



cannot verify the transaction, read the transaction receipt or the Card number provided or otherwise
reasonably determine that the transaction did not qualify for Points.

5. Redeeming your Points. Once you accumulate the requisite number of Points for the available
rewards, you may redeem your Points by contacting us at the number and address provided in Section
16 below. The rewards and required number of Points to redeem such rewards are subject to change at
Western Union’s commercial policy and its reasonable options and normal market restrictions. All
rewards are subject to availability. Points accumulated on the Western Union Card cannot be redeemed
until an application form has been completed, signed and returned to Western Union and accepted by
Western Union. A certain minimum number of Points may be required to redeem rewards. Points are
neither negotiable nor redeemable for cash.

6. Rewards and Benefits. The rewards represented in this communication are for illustrative purposes
only and may be different from those actually offered by us to you in return for Points. All rewards and
benefits offered are subject to change and stock availability or cancellation without any prior notice from
us, while local restrictions and alterations may apply. Any substitute rewards will be of a similar or
greater quality and value to those offered. If any of the items that you receive are damaged or faulty in
material or workmanship on receipt, Western Union will send you replacements provided that you return
the damaged or faulty items and their packaging to Western Union within 10 days. All such
replacements are subject to availability and may be substituted with items of a similar or greater quality
and value.

7. Phone time offer. Any reward comprising phone time is valid for domestic and international calls.
The phone time is provided by BBG Communications and not by Western Union. You should note that
Personal Identification Numbers (PINs) are subject to expiration 12 months from start of use. Telephone
service to a few international destinations may occasionally be unavailable or limited for reasons
beyond the control of BBG. When calling from a mobile phone, and/or a public phone there may be a
connection charge.

8. Important Information About your Points. Points expire two years from date of the Qualifying
Transaction. Any Points earned on your Card will be forfeited when your Card is cancelled, closed,
revoked, found to be fraudulent or declared void under law. Points are not considered earned until
actually redeemed by you and do not constitute a credit balance to your account or your Card. Points
have no cash value and will not earn interest and are not insured against loss. Points cannot be
purchased, sold, combined or transferred in any way. Maintaining the Card and the Points are your sole
responsibility. Rewards will not be replaced if lost or stolen nor will Points used to redeem such
Rewards be re-credited to your account.

9. Your Right to Receive Documentation of Transactions. You will receive a receipt at the time you
make any transaction at a Participating Agent location.

10. Application for the Western Union Card. You apply for enrolment in the Programme by returning
a completed and signed application form. Application forms are available by writing to us at the address
set out in Section 16.

11.Temporary Card. Your Permanent Card will replace your Temporary Card. The Reward Points,
which you earned with your Temporary Card, shall be transferred onto your Permanent Card.

12. Communications. By providing your email address and/or mobile telephone number as part of the
application process, you expressly consent to Western Union sending communications to you via email
and/or SMS. You are responsible for any applicable charges imposed by your service provider. If you do
not wish for us to contact you using these methods, please contact us as set forth in Section 16 below.

13. Data Protection and Disclosure of Account information to Third Parties. All personal data
supplied by you in the Card application form and other personal data collected in respect of transactions


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                                                                  Western Union Card Programme – Portugal/2006



effected using the Card and the corresponding Points earned, redeemed or cancelled (the "Personal
Data") will be included in a data file maintained and controlled by Western Union. Any changes in the
Personal Data supplied by you should be communicated to Western Union immediately. Except where
otherwise stated on the Card application form, you are obliged to supply the information requested.
Failure to do so may result in your application being rejected. Western Union will use your Personal
Data to administer the Programme and to provide you with Points and rewards in the manner outlined in
this Agreement and to provide you with information on Western Union goods and services and for
statistical purposes. Western Union may transfer your Personal Data (i) to the Western Union group of
companies, and (ii) to other third parties where such transfer is necessary for such third parties to
provide a service to Western Union International Ltd. A current list of the names and addresses of
Participating Agents and recipients of your Personal Data may be obtained free of charge from Western
Union at the address mentioned in Section 16. You may exercise without charge your rights of access,
rectification, cancellation and opposition in relation your personal data held by Western Union by
sending a written notice marked for the attention of the Data Compliance Officer at the above address,
containing full details of your request and attaching a photocopy of your identity card (DNI) and any
documentation that supports your request. By signing the Card application form and using the Card, you
provide your express, unequivocal consent to the collection, processing, use and transfer of the
Personal Data in the manner set out in this Agreement.

14. Our Liability to You. Except in the case of wilful negligence or as otherwise required by law,
WESTERN UNION SHALL NOT BE LIABLE TO YOU FOR DAMAGES FOR DELAY, NON-
DELIVERY, NON-PAYMENT OR UNDERPAYMENT OF YOUR TRANSACTION BEYOND THE SUM
EQUIVALENT TO US $500 (in addition to refunding the principal amount of the payment and the
transaction fee), unless you have specifically obtained a higher liability limit by calling the Western
Union telephone number set out in Section 16 below and paying an additional fee in relation to that
higher liability limit. If Western Union or any Participating Agent location accepts payment from you in
any form other than cash, Western Union has no obligation to make payment to your Receiver if the
form of payment from you is un-collectable and has no liability for damages as a result of any ensuing
non-payment. Western Union shall not be responsible or liable for any products which are provided to
you by a third party supplier, the provision of which shall be subject to that supplier's terms and
conditions. THIS CLAUSE WILL NOT AFFECT YOUR STATUTORY RIGHTS AS A CONSUMER.

15. Foreign Exchange. If the currency in which you initiate a Western Union Money Transfer
transaction is different from the currency in which your transaction is paid, Western Union will convert
the sending currency to the payout currency at the rate set by Western Union from time to time. You
acknowledge and agree that where the exchange rate used by Western Union provides customers with
less payout currency per unit of sending currency than Western Union receives when it obtains the
payout currency, Western Union shall be entitled to retain from the principal amount an amount equal to
the difference. See To Send form for detail on Foreign Exchange.

16. Contacting Western Union. You may contact Western Union to obtain a copy of the Personal data
that Western Union maintains about your participation in the Programme, to correct any Personal Data
kept by Western Union, to change your data privacy election, to withdraw from the Programme, , please
send a written request to Western Union Card Programme, First Data Ibérica, S.A., c/ Pintor Rosales,
36, Madrid, Spain, attaching a photocopy of your identity card (DNI) and any documentation that
supports your request. To report a lost or stolen Card, to request a replacement Card, or with any other
questions about the Programme you may call Western Union on 800834223 during regular business
hours, or write to us at:

17. Dormancy. If you do not use your Card for a period of two years, we may suspend your
participation in the Programme without notice to you in which case the personal data pertaining to you
will be immediately erased. The time retention for the personal data pertaining to you is five years, after
which it will be erased.




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                                                                  Western Union Card Programme – Portugal/2006



18. Assignment. Notwithstanding any other provision in this Agreement, you may not assign or
transfer this Agreement or your Card or allow others to use your Card without our prior written consent.
However, you will be responsible for any unauthorised use of your Card unless and until you report it
lost or stolen to Western Union.

19. Governing Law. This Agreement shall be governed by and construed in accordance with
Portuguese law and you and we hereby agree to submit to the non-exclusive jurisdiction of the
Portuguese courts.

20. Provisions Severability. If any provision of this Agreement is held to be invalid or unenforceable,
the remainder of this Agreement will not be affected.

21. Amendment. We may, from time to time, amend the terms of this Agreement with prior written
notice to you. By initiating a Western Union Money Transfer transaction or by receiving a money
transfer using your Card after this Agreement is amended or changed, you will be agreeing to any such
amendment or change. At any time, you may obtain a copy of this Agreement, as amended, by writing
to Western Union at the address set out in Section 16, or from most Participating Agent locations.

22. Cancellation. We may cancel the Programme, this Agreement or your entitlement to participate in
the Programme immediately and with notice to you. You may cancel this Agreement at any time by
notifying Western Union in writing. If you do this, your participation in the Programme will terminate
within thirty (30) days after we receive your written request to cancel. Cancelling this Agreement will not
affect your obligations under this Agreement to the extent that such obligations are capable of surviving
the termination of this Agreement.

23. Printed Receipt. At some Western Union representative locations, the customer money transfer
form to be filled-in manually may be replaced by a printed customer receipt including the transaction
details provided through the Card and verbally. This printed receipt will only require your verification and
signature. In that situation, the transaction information may be stored in Western Union system before
the receipt is generated; however, the transaction details can be modified without prejudice before you
sign the receipt, provided the transaction is still unpaid.

24. Money Transfer Terms and Conditions Modifications. Western Union Money Transfer terms and
conditions may vary from time to time. The updated terms and conditions are on the back of the money
transfer receipt and are also available at the point of sale on request.

25. Fraud. Protect yourself from customer fraud. Be careful when a stranger asks you
to send money.

26. Agreement. By using your Card you agree to the full terms and conditions of the Programme.
If you do not agree, please either return the card to any Participating Agent location or destroy the Card
immediately.




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