Registration and Credentials
You must register for an account to use the Platform. You must provide accurate and complete information when registering (“Registration Information”) and keep that information current. Do not (i) allow others to access or use your account; (ii) request or attempt to create an account through fraudulent or illegal means; (iii) attempt to circumvent our security mechanisms; or (iv) create an account by automated or illegal means. From time-to-time, we may require you to renew your registration or request additional information from you.
Upon registration, you will be issued one or more unique security passwords or other credentials (collectively, “Credentials”), which you must keep confidential and secure. The Credentials are, and will remain, our property. You may use the Credentials solely to use the Platform and may not sell, transfer, sublicense, disclose or use them for any other purpose. You must immediately notify us if you believe their confidentiality or security has been compromised.
You are responsible for all activities that occur through your account, regardless of whether you engaged in those activities. We are not liable for any loss or damages of any kind, and you may be held liable for any losses incurred by us or another party, due to someone else using your account or your failure to notify us of a change to your Registration Information, whether made with or without your knowledge.
You are responsible for maintaining up-to date and accurate Registration Information, including notifying MasterCard when you change positions in your organization or leave your organization. We may suspend or terminate your account and/or refuse you access to the Platform, Content and/or Products and Services if: (i) your contact information is not up-to-date or you do not respond to communications directed to you; or (ii) you have provided false, inaccurate, out of date, or incomplete information or we suspect that you have.
Beta Programs and Pilot Programs
Fees and Invoices
Some Content, Products or Services may have fees associated with their use, which shall be described on the Platform, through the MasterCard Standards (defined below) or in your separate agreement with us. Any such fees will be invoiced by us and paid by you via the MasterCard Consolidated Billing System (“MCBS”) unless you and we agree otherwise. You shall comply with all MCBS’s policies and procedures. You are solely responsible for any taxes, including without limitation VAT or sales related taxes, assessed related to your use of the Platform, Content, Products and Services and any related interest or penalties.
Limited Grant of Rights
Unless we otherwise agree in a separate agreement with you, you are not granted any other rights in connection with the Platform, Content, or Products and Services. Without limitation of the foregoing, with respect to the Platform, Content, or Products and Services, you may not, and will not permit or authorize any person, directly or indirectly, to:
Feedback You may voluntarily provide feedback, suggestions, ideas, and the like (collectively “Feedback”) regarding the MasterCard Property. We are not required to hold Feedback in confidence and may use it for any purpose without restriction and without duty to account or other obligation to you. You assign all right, title, and interest in and to all Feedback to us. To the extent a license is required under your country’s intellectual property laws for us to use the Feedback, you grant us an irrevocable, exclusive, perpetual, worldwide, transferable, sublicensable, royalty-free, fully paid-up license to use the Feedback in connection with our business. To the extent that you cannot assign or license any right, title, or interest in the Feedback to us, you forever waive and agree never to assert against us or our business partners, affiliates, suppliers, licensees, successors, or assigns any and all such non-assignable, non-licensable rights or interests, including moral rights, that you may have in the Feedback to the extent permitted by applicable law.
MasterCard recognizes the importance of respecting the privacy of those who use the Platform and choose to take advantage of the programs and information offered through it. The MasterCard Global Privacy Notice (linked below) provides an overview of what you can expect when you enroll in one of our programs or simply browse the Platform. Different or more detailed policies will be applicable to certain pages within our Platform or Products or Services. Global Privacy Notice.
Amendments and Modification
MasterCard Standards/Other Agreements
Term and Termination
Our Intellectual Property Rights
We or our affiliates, suppliers, business partners, or licensors own and retain all right, title, and interest, including all intellectual property and proprietary rights, in: (i) the Platform, Content, Products and Services, and any derivative works of the foregoing; (ii) our systems;(iii) the MasterCard Brands (defined below); (iv) all Feedback; and (v) all Confidential Information (defined below) (collectively, the “MasterCard Property”) and reserve all rights therein.
In order to be valid, your notice must be in writing and contain the following in accordance with the DMCA:
We may give notice to you of any infringement notice by means of a general notice on the Platform, electronic mail to your e-mail address in our records, or by written communication sent by first-class mail to your physical address in our records. If you receive such an infringement notice, you may provide counter-notification in writing to our designated agent. In order to be valid, your counter-notification must be in writing and include the following:
You agree and consent to receive electronically all communications, agreements, documents, notices and disclosures (collectively, " Communications") that we provide in connection with your account and your use of the MasterCard Property. We will provide these Communications to you by posting them on the Platform and/or by emailing them to you at the primary email address listed in our records.
THE MASTERCARD PROPERTY IS PROVIDED TO YOU “AS IS” AND “AS AVAILABLE.” ALL WARRANTIES, EXPRESS OR IMPLIED, ARE HEREBY DISCLAIMED, INCLUDING ANY WARRANTY OF MERCHANTABILITY, ACCURACY, TITLE, NON-INFRINGEMENT, QUALITY OF INFORMATION, COMPLETENESS, OR FITNESS FOR A PARTICULAR PURPOSE. NO INFORMATION OBTAINED BY YOU THROUGH THE PLATFORM SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. WE DISCLAIM ALL WARRANTIES THAT THE MASTERCARD PROPERTY IS ERROR-FREE OR THAT DEFECTS WILL BE CORRECTED, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT ACCESS TO THE MASTERCARD PROPERTY WILL BE UNINTERRUPTED. YOU ASSUME THE ENTIRE RISK OF THE USE, RESULTS AND PERFORMANCE OF THE MASTERCARD PROPERTY.
SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY BE LIMITED OR MAY NOT APPLY TO YOU.
Disclaimer of Damages and Limitation of Liability
IN NO EVENT SHALL WE OR OUR AFFILIATES, SUPPLIER’S, LICENSORS OR BUSINESS PARTNERS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, CONSEQUENTIAL, OR OTHER DAMAGES WHATSOEVER, INCLUDING PROPERTY DAMAGE, LOSS OF GOODWILL, LOSS OF USE, LOSS OF BUSINESS, ECONOMIC LOSS, LOSS OF DATA, OR LOSS OF PROFITS ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE MASTERCARD PROPERTY, REGARDLESS OF THE FORM OF ACTION (INCLUDING CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTIONS), EVEN IF WE OR THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
REGARDLESS OF THE PREVIOUS PARAGRAPH, IF WE ARE FOUND TO BE LIABLE, OUR TOTAL LIABILITY TO YOU FOR ANY REASON SHALL NOT EXCEED THE FEES PAID BY YOU TO USE THE MASTERCARD PROPERTY, IF ANY, OR $50,000 (WHICHEVER IS LESS).
PLEASE NOTE THAT SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
Compliance with Applicable Laws . You will at all times to comply with all laws and regulations applicable to your and its use of the MasterCard Property, including all provincial, regional, federal, state, local rules, ordinances, regulatory guidance, directives, and government requirements.
Export Restriction . You will not export or re-export, either directly or indirectly, any MasterCard Property or other software or technology received from us without first obtaining, at your own expense, any required export or re-export license from the appropriate US Government department or agency. In addition, you will not engage in any transaction related to any MasterCard Property with any person or entity that has been sanctioned by any applicable agency of the US Government, as identified on the “Consolidated Screening List” located at http://export.gov/ecr/eg_main_023148.asp.
Contact Information/Customer Service
If you need assistance, please contact Customer Operations Services:
US Region: 1-800-999-0363 or 1-636-722-6636
Europe Region: +32 2 352 54 03
Spanish Language Support: 1-636-722-6292