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MasterCard Worldwide

 

 

MASTERCARD CONNECT TERMS OF USE

Effective Date: November 15, 2014

PLEASE READ THESE TERMS OF USE (“TERMS OF USE”) CAREFULLY BEFORE USING THE MASTERCARD CONNECT™ PLATFORM (THE “PLATFORM”). THE PLATFORM PROVIDES ACCESS TO OUR CONTENT (DEFINED BELOW) AND PRODUCTS AND SERVICES (“PRODUCTS AND SERVICES”). BY ACCESSING THE PLATFORM, YOU (A) AGREE TO BE BOUND BY THESE TERMS OF USE; AND (B) REPRESENT THAT YOU ARE LAWFULLY ABLE TO ENTER INTO CONTRACTS AND ARE OF THE LEGAL AGE OF MAJORITY IN THE JURISDICTION IN WHICH YOU RESIDE (AT LEAST 18 YEARS OLD IN MANY COUNTRIES). IF YOU ARE AGREEING TO THESE TERMS OF USE ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT AND WARRANT THAT YOU ARE AUTHORIZED AND LAWFULLY ABLE TO BIND THAT ENTITY. IF YOU DO NOT AGREE TO THESE TERMS OF USE, YOU MAY NOT USE THE PLATFORM. AS USED UNDER THESE TERMS OF USE, “YOU” MEANS YOU AND YOUR COMPANY OR THE LEGAL ENTITY AND “WE” OR “US” MEANS MASTERCARD INTERNATIONAL INCORPORATED.

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

The certain portions of the Platform may be provided in a beta or non-released form (“Beta Programs”). You may also agree to participate in pilot programs for certain Products and Services (“Pilot Programs”). Both Beta Programs and Pilot Programs may contain errors, problems and changing features or functionality. Beta Programs and Pilot Programs are subject these Terms of Use. Once a Beta Program or Pilot Program period is over, you may be required to accept certain terms and conditions to continue to access and use their features and functionality.

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

So long as you comply with these Terms of Use, we grant you a limited, nonassignable, nonexclusive, revocable license, without right of sublicense, to access and use the Platform, Content, and Products and Services accessible through the Platform solely as described their applicable documentation, user guides, manuals or other materials (“Documentation”) and solely for your internal business or personal use. However, you may have the right to sublicense certain Content, Products and Services if agreed to in a separate written agreement between us and you or in related Documentation. “Content” means all text, graphics, data, software, animation, applications, videos, music, photos, trademarks, and other materials and information included in the Platform or made available through it.

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:

(i) license, lease, republish, distribute, copy, transfer, sell, create derivative works from or use the Platform, Content, or Products and Services other than as expressly permitted by these Terms of Use; (ii) reverse engineer, disassemble, reconstruct, or decompile the Platform, Content, or Products and Services (except to the extent expressly permitted by law);(iii) gain unauthorized access to or make authorized use of the Platform, Content, Products and Services, or our systems; (iv) damage, disrupt, or impede the operation of the Platform, Content, Products and Services, or our systems; (v) engage in fraudulent or illegal conduct of any kind; (vi) interfere with any other entity’s use of the Platform, Content, or Products and Services; (vii) use the Platform, Content, or Products and Services for the benefit of our competitors, including another payment card issuer, credit or debit card association, payment processor, electronic payment provider, or telecommunications provider; (viii) collect, sell or otherwise exploit personally identifiable information of other Platform users; (ix) use any robot, spider, or search/retrieval application to access the Platform or retrieve or index any Content; (x) transmit any viruses, worms, Trojan horses, or other programming of a destructive nature; (xi) store or archive Content to your own or a third party’s computer systems or storage devices or reproduce or incorporate any MasterCard Property (defined below) into any information retrieval system; or (xii) create a web page or computer application of any kind that deep links to or frames the Platform or any portion thereof, including any graphics, trademarks, or other proprietary information.

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.

Links to Third Party Web Sites and Content The Platform may contain third party content and links to other web sites that are not our Content, Products or Services. Such third-party content and links are included solely for our users’ convenience and do not constitute our approval, endorsement or warranty with respect to those third party web sites and content. When you click on a third-party link, you will leave the Platform. We are not responsible for the accuracy, completeness, or reliability of the information, products or services offered or sold through any linked web sites. You use them at your own risk. Any personal information you submit on them will not be collected or controlled by us but instead will be subject to the privacy notice and terms of use of that web site. We recommend you review that web site’s privacy policy and terms of use before using it.

Privacy Policy

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

We may make changes to the Platform, Content, Products and Services, or these Terms of Use at any time without notice; however, your access to the Platform following any such changes constitutes your acceptance of those changes. If you do not accept the changes, your only recourse is to terminate these Terms of Use as described in Term and Termination below. For material changes, we may provide you with notice of such changes as described in Electronic Communications below and through the Platform.

MasterCard Standards/Other Agreements

You agree to comply with any applicable terms and conditions of the MasterCard Standards. The manner in which the MasterCard Standards apply to you depends upon your relationship with us. For the purposes of these Terms of Use, “MasterCard Standards” means our rules (as published in the MasterCard Rules manual) and policies, along with our operating regulations, procedures, including manuals, guides and bulletins, as all of the foregoing may be amended from time to time. In the event of a conflict between or among these Terms of Use, another written agreement between you and us, and the MasterCard Standards, the following order of precedence shall apply: (i) the MasterCard Standards; (ii) your separate written agreement with us or additional terms and conditions; and (iii) these Terms of Use. For avoidance of doubt, conflicts shall only exist where compliance with all of the applicable provisions is impossible or commercially impracticable.

Term and Termination

These Terms of Use are effective until terminated as provided herein. We may suspend or terminate your access to or use of the any MasterCard Property at any time, without cause or prior notice and for any reason. We may suspend or terminate your account and/or refuse you access to any MasterCard Property if you breach these Terms of Use. You may terminate these Terms of Use at any time by sending a termination notice to customer_support@mastercard.com with the word “terminate” in the subject line . Upon the termination of these Terms of Use, the rights and licenses granted to you hereunder will immediately terminate and you must immediately stop accessing the Platform and all other MasterCard Property.

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.

Except as expressly provided under the MasterCard Standards, in these Terms of Use, or in a separate written agreement between us and you, you may not use our names, trade names, trademarks, service marks, slogans, logos, domain names, or other indicia (collectively, the “ MasterCard Brands”) in any way, including in any way that would: (i) imply a relationship or affiliation with us; (ii) imply that we sponsor, endorse or have certified or approved you or your products or services; (iii) disparage us, the MasterCard Brands, the Platform, Content, or our Products or Services; (iv) tarnish, dilute, or otherwise impair any of the MasterCard Brands; and/or (v) make any public announcement or in any publicity or marketing, including a press release. You may not register any trademarks, service marks or other brand identifiers (including domain names) that are confusingly similar in any way (including, sound, appearance, or spelling) to any of the MasterCard Brands.

Copyright Complaints

In operating the Platform, we may act as a “service provider”, as defined in the Digital Millennium Copyright Act (17 U.S.C. Sect. 512(c)(2)) (“ DMCA”). Our policy is to: (i) remove any material from the Platform that is found to have infringed on our rights or a third party’s rights or that has otherwise violated any intellectual property laws or these Terms of Use; and/or (ii) suspend the account of the user who posted that material. If you believe any material available through the Platform infringes a copyright or other intellectual property right, you should notify us using the notice procedure set forth below. We will respond expeditiously to remove or disable access to that material and will follow the procedures specified in the DMCA to resolve the claim between the notifying party and the user who provided that material. Our designated agent (i.e., proper party for notice) to whom you should address infringement notices under the DMCA is: Attention: Copyright Agent, copyrightagent@mastercard.com.

In order to be valid, your notice must be in writing and contain the following in accordance with the DMCA:

  • (i) Identify the copyrighted work or other intellectual property that you claim has been infringed;
  • (ii) Identify the material on the Platform that you claim is infringing, with enough detail so that we may locate it;
  • (iii) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  • (iv) A statement by you declaring under penalty of perjury that (a) the above information in your notice is accurate, and (b) that you are the owner of the copyright interest involved or are authorized to act on behalf of that owner;
  • (v) Your address, telephone number, and email address; and
  • (vi) Your physical or electronic signature.

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:

  • (i) Your physical or electronic signature;
  • (ii) Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;
  • (iii) A statement from you under the penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification; and
  • (iv) Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which we may be found, and that you will accept service of process from the person who provided notification of the allegedly infringing material or their agent.

Confidential Information

As used herein, “Confidential Information” means the MasterCard Property and any other information which: (i) gives us a business benefit or the opportunity to obtain a business benefit or the disclosure of which could be detrimental to our interests, or (ii) which is either: (a) marked “Confidential,” “Restricted,” “Proprietary Information,” or other similar marking, (b) known to be considered confidential and proprietary, (c) received under circumstances reasonably interpreted as imposing an obligation of confidentiality, or (d) confidential “transaction data”, as defined in the MasterCard Standards. You will treat the Confidential Information as strictly confidential and use the same degree of care to prevent its disclosure as you would use with respect to your own most confidential and proprietary information, which shall be no less than the standard of care imposed by state and federal laws and regulations for the protection of such information or, in the absence of any legally imposed standard of care, no less than a reasonable standard of care under the circumstances. The Confidential Information is and shall remain our property, and, except as expressly provided in these Terms of Use, no license or other right in the Confidential Information is granted to you. You may not use or disclose any Confidential Information without our prior written consent except to your employees and agents on a need-to-know basis solely as required for you to fulfill your obligations under these Terms of Use, provided that those employees and agents have executed written agreements with you at least as protective of our rights in the Confidential Information as those contained in these Terms of Use that restrict use and disclosure of the Confidential Information. On the termination of these Terms of Use or at our request at any time, you will destroy or return to us all Confidential Information in your custody or control. This provision will survive any termination of these Terms of Use for so long as you have in your possession any Confidential Information.

Electronic Communications

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.

Indemnification

You shall indemnify, defend and hold us and our affiliates, business partners, suppliers and licensors, and our and their respective agents, employees, officers, directors, affiliates, successors and assigns harmless from any demand, liability, loss, damage, claim, fines, penalties, costs and expenses, including reasonable attorneys' fees, expenses and expert costs (collectively, “Losses”) related to: (i) your violation of these Terms of Use or any additional terms or contract that you agreed to with MasterCard; or (ii) your use of the MasterCard Property in violation of any Documentation or materials provided to you. MasterCard does not indemnify you for any Losses related to your use of any MasterCard Property.

Warranty Disclaimer

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.

YOU ACKNOWLEDGE AND AGREE YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF USING THE MASTERCARD PROPERTY AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE, OR STATEMENT OTHER THAN THOSE EXPRESSLY SET FORTH IN THESE TERMS OF USE.

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.

Governing Law

These Terms of Use shall be construed, interpreted, and performed exclusively according to the laws of the State of New York, United States of America, without giving effect to any principles of conflicts of law. Any legal suit, action or proceeding arising out of these Terms of Use shall be instituted exclusively in the United States District Court of the Southern District of New York or the New York Supreme Court for the County of Westchester.

Miscellaneous

Entire Agreement . Except as provided herein, these Terms of Use constitute the entire agreement between you and us pertaining to their subject matter; provided however, that certain provisions of these Terms of Use may be superseded by expressly designated legal notices or terms located on particular pages within the Platform. These Terms of Use and any related documents may be accepted in electronic form (e.g., by an electronic or other means of demonstrating assent) and your acceptance will be deemed binding between you and us. Neither you nor we will contest the validity or enforceability of these Terms of Use and any related documents, including under any applicable statute of frauds, because they were accepted or signed electronically. Electronically maintained records when produced in hard copy shall constitute business records and have the same validity as any other generally recognized business records.
Assignment . You may not assign or transfer your rights or obligations under these Terms of Use. Any purported or assignment in violation of the foregoing will be invalid.
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.
Severability. Should any provision of these Terms of Use be held unlawful, void, invalid or unenforceable, you and we agree that the court shall endeavor to give effect to your and our intentions as reflected in that provision and the other provisions of these Terms of Use will remain in full force and effect. 
Legal Process and Regulators . Notwithstanding any other provision of these Terms of Use, we may, without notice, furnish any regulator or other governmental authority, foreign or domestic, with information about your use of the MasterCard Property.
Waiver. Our failure or delay to exercise or enforce any right or provision of these Terms of Use or rights under applicable law shall not constitute a waiver of those provisions or rights or any other provision or rights under these Terms of Use. 
Survival. The terms, conditions, and warranties contained in these Terms of Use that by their nature and context are intended to survive termination of these Terms of Use shall survive such termination. 
Language. These Terms of Use are provided in English and the English versions of these Terms of Use shall be valid, enforceable and binding. For your convenience only, we may provide you with a non-English translation. Any such non-English language version is for reference purposes only.

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 
Email: customer_support@mastercard.com