MasterCard® Business Savings Programme - U.K. Small Business Cardholder Terms & Conditions (December, 2008)

This MasterCard Business Savings Programme Agreement ("Agreement") sets forth the terms applicable to your use of the MasterCard Business Savings programme (the "Programme"). The Programme is a rebate programme currently offered to holders of certain MasterCard-branded, small business payment cards ("Cards"). Please read this Agreement carefully and keep it for your records.

In this Agreement, the words "you" and "your" mean the person to whom a Card has been issued, and the words "we," "us" and "our" mean MasterCard International Incorporated. "Programme website" means www.mastercardbusinesssavings.co.uk or such other website as we may establish for the Programme.

Participation: You may participate in the Programme if you have enrolled in the Programme and, at the time you make a purchase for the purposes of business at a UK merchant that is participating in the Programme ("Merchant"), you hold a Card that has been determined by us and the bank that issued your Card ("Issuer") to be eligible for participation in the Programme ("Eligible Card"). To determine if you have an Eligible Card, please check with the Issuer or visit the Programme website prior to making a purchase at a Merchant. The Programme is available only to holders of Eligible Cards located in the United Kingdom.

Enrolment: You may enrol in the Programme (i) on the Programme website, (ii) by being enrolled on our behalf by your card Issuer. You must be enrolled in the Programme prior to using an Eligible Card at a Merchant to receive the benefits of the Programme.

Merchant Offers: Merchants may provide offers for rebates on purchases of goods or services ("Offers") at participating Merchant locations. The amount of any rebate and other terms and conditions applicable to a rebate will be determined by us and the Merchant, and are subject to change at any time and without notice. Please refer to any disclosures provided by the Issuer and the Programme website for any Offer terms and condition details. Offers may be redeemed only at participating Merchant locations. See the Programme website for the latest information on available Offers.

Offer Acceptance: When you purchase goods or services using an Eligible Card from a participating Merchant location in the United Kingdom, you will receive a rebate on your purchase, subject to any terms and conditions of the Offer. The rebate will not appear on your receipt at the point of sale. The form of the rebate may be a credit to your Eligible Card account or the rebate may be in another form, as determined by the Issuer. If a rebate is credited to your Card account, please note that it might not appear on the same statement as the related purchase. There may be a delay of up to one statement cycle in crediting a rebate.

Reversals: All (or if applicable an appropriate portion) of a rebate may be reversed in certain circumstances, including (i) upon a return, dispute, or adjustment in relation to a transaction (ii) in the event of fraudulent Card activity, or (iii) in the event that it is determined that a transaction was not eligible for participation in the Programme.

Disclaimer of Liability: Our role under the Programme is limited to processing information regarding Offers and rebates on behalf of Merchants and Issuers. We are not responsible for any Offers or rebates, your ability to use Offers or rebates, the crediting of any rebates to your Card account, reversals of Offers or rebates, accuracy or completeness of information about Offers or rebates, or any acts or omissions of Issuers or Merchants. We provide the Programme on an "as is" basis, and we disclaim any and all warranties, including any warranties of merchantability or fitness for a particular purpose, except as expressly set forth herein. We are not liable to you for any damages that you suffer in connection with your participation in the Programme, unless the damage results directly from our failure to perform the express obligations in this Agreement. We are not responsible, and shall not be liable for, any indirect, special, incidental, or consequential damages (including lost profits). Without limiting the foregoing, we are not responsible for any Card account fees or penalties that you incur on your Card, including fees and penalties that may result from rebate reversals. Any tax liability resulting from your participation in the Programme shall be your sole responsibility, and not our responsibility or the responsibility of any Merchant or Issuer. Merchants or Issuer may report information regarding the Programme and your participation in it to tax authorities. Merchants and Issuer may not vary these terms as applied to the relationship between you and us, and may not make any commitments that are binding on us.

VAT: MasterCard has obtained a private ruling (the "HMRC Ruling") from Her Majesty's Revenue and Customs relating to the treatment of VAT on transactions that are the subject of a rebate under this Programme. As required by the terms of the Ruling, you agree not to make any VAT adjustment in relation to the amount of the rebates received hereunder.

Programme Information: By enrolling in the Programme, you agree to the use of your personal data for the purposes set out in the data protection statement agreed to by you at the time of your enrolment. Please note that we will use information regarding purchase transactions initiated with your enrolled Eligible Card(s) to provide you with reports via the Programme website as well as for other purposes as notified in such data protection statement. If you have elected to receive Programme information via e-mail then we will also use your e mail address to provide you with such information.

Termination: You may terminate your participation in the Programme at any time by notifying your Issuer. There may be a delay of up to 30 days in effecting such termination, and reversals or adjustments of rebates may continue after termination. We or the Issuer may also terminate your participation in the Programme at any time, by 30 days written notice or, without notice unless required by law, in the event that (i) there is a change in law or a judicial decision that would have a material adverse effect on the ability of we or the Issuer to perform our rights or exercise our obligations under the Programme (ii) we or the Issuer is required to do so by any applicable regulator, (iii) a third party intellectual property claim is pending in relation to the Programme (iv) the HMRC Ruling cease to apply or is modified. We reserve the right to add or terminate any participating Merchant or any Offer without notice.

Change of Terms: We can add to, delete from, or change (each, a "change") the terms of this Agreement at any time. We will notify you of changes by sending these to you in the Programme information referred to above. In the event that you do not agree to such change(s) then you may terminate your participation in the Programme at any time within 30 days of receipt of such notice by notifying your Issuer.

Questions Regarding the Programme: You should direct any questions related to the Programme, Offers or rebates to the Issuer.

Disputes: Any disputes regarding Offers or rebates, or your ability to participate or receive them, may be determined by us. That resolution will be final and binding on you.

Additional Terms: The Issuer and Merchants may impose additional terms on your participation in the Programme. This Agreement is in addition to, and does not amend or replace, your Card agreement with your Issuer.

Miscellaneous: These terms will be governed by English Law without regard to conflict of law principles. You may not assign your rights under this Agreement. We may assign our rights and obligations at any time. The invalidity of any provision of this Agreement will not affect the validity of the remaining portions. Any waiver by us of our rights under this Agreement is binding only if in a writing signed by us. The use of Issuer and merchant names and logos in the Programme is by permission and all trademarks are the property of their respective owners.

MasterCard Business Savings Participating Merchants Offer Details

For complete offer terms and conditions, please visit www.mastercardbusinesssavings.co.uk.

Avis: Offer valid on total car rental charges from all Avis corporate-owned mainland-UK rental locations as well as the prepaid value for rentals worldwide transacted through www.avis.co.uk when paid with an Eligible Card enrolled in the Programme. The offer shall not be valid on charges related to traffic fines or damage charges and rebates received for any such charges may be reversed in the future. The offer is not valid on transactions made at rental location counters outside the UK. Avis Rent A Car reserves the right to change the rebate during ‘peak’ and ‘off-peak’ periods. Charges settled in part will attract the rebate(s) in place at the time of each part-payment.

Barceló: Barceló UK offers eligible cardholders that are enrolled in MasterCard Business Savings a 10% rebate on the total value of all accommodation stays, dining, drinks and conference business at their UK Hotels.

Hewlett Packard: Offer valid on all purchases made on the HP Business Store when paid with a Card enrolled in the Programme. The HP Business Store can be accessed at www.hp.com/uk/hpstore/business or by telephone on 0845 270 4215 (Mon-Fri 09.00-07.30).

Microsoft adCenter: Offer valid on all Microsoft adCenter U.K. online purchase transactions made at www.tryadcenternow.co.uk for adCenter advertising services when paid with a Card enrolled in the Programme. Rebates are limited to an annual maximum of €250 per Card per calendar year (January 1 - December 31).

Microsoft Store: Offer valid on all Microsoft Store UK online purchase transactions made at https://emea.microsoftstore.com/uk for all products when paid with an Eligible Card enrolled in the Program.

Monster: Offer valid for purchases made from mastercard.monster.co.uk when the MasterCard payment option is selected at the time of purchase and the purchase is paid using an Eligible Card enrolled in the Programme. Offer not valid for recruitment advertising agencies or for consolidated buyers purchasing on behalf of third parties. monster.co.uk reserves the right to alter product offerings, prices, and specifications at any time, without notice.

WinWeb: Winweb offers Eligible cardholders that are enrolled in MasterCard Business Savings a 10% rebate on all purchases made at www.winweb.com. Start your 30-day no obligation trial today!

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