These Terms of Use apply to: Republic of Cyprus (“Authorized Country”)
Thank you for choosing to use your Mastercard card. Mastercard Europe SA with registered offices at 198/A, Chaussée de Tervuren, 1410 Waterloo, Belgium (“Mastercard”) uses global standards to support the creation and usage of Mastercard Click to Pay (“Mastercard Click to Pay”) profile and Payment Information (defined below) when you shop or make payments online on a mobile device or in other electronic commerce environments. Your Mastercard Click to Pay profile and Payment Information are collectively referred to as your “Click to Pay Profile.”
These Terms of Use (“TOU”) and the Mastercard Click to Pay Online Privacy Notice (“Privacy Notice”) and, together with these TOU, these “Terms”) are a legal agreement between you and Mastercard. BY CREATING AND USING A CLICK TO PAY PROFILE, YOU AGREE TO ALL OF THE TERMS AND CONDITIONS IN THESE TERMS, AND ALL OTHER RULES, POLICIES AND PROCEDURES RELATING TO YOUR CLICK TO PAY PROFILE THAT MASTERCARD MAY PROVIDE YOU FROM TIME TO TIME (AS DESCRIBED IN THESE TERMS).
PLEASE NOTE THAT THESE TERMS DO NOT MODIFY, OR HAVE ANY OTHER IMPACT ON, THE TERMS AND CONDITIONS YOU HAVE WITH YOUR ISSUER(S) RELATING TO YOUR MASTERCARD CARD(S).
“You” (and all of its derivations) means you individually and any person acting as your agent, under your authority, or with your permission. IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST NOT REGISTER FOR OR USE YOUR CLICK TO PAY PROFILE. YOUR CLICK TO PAY PROFILE IS INTENDED FOR USE IN THE AUTHORIZED COUNTRY ONLY.
Your Click to Pay Profile
If your country of residence changes, you must promptly delete your existing Click to Pay Profile and create a new one when Click to Pay is available in your new location. If you create a Click to Pay Profile, Mastercard may store the information provided by you (or through an entity you authorize) to Mastercard (or an entity acting on Mastercard’s behalf), including, but not limited to: payment information (including payment card or account number and expiration date); billing and shipping information; a valid email address; mobile phone number; and other information relating to making e-commerce payments with your Mastercard credit, debit, and prepaid cards or accounts (“Cards”).
To help protect your Cards, Mastercard may generate a numerical surrogate of your Card credentials (also called a token) to be used during transaction processing, subject to your Card’s eligibility for tokenization. Your Card number and tokens will both be stored and may be used for transactions.
Your Card issuer may also provide information about your Card account to Mastercard, without further action on your part, to help us provide a better service to you. For example, this information may include the availability of rewards points that may be available to use for your transaction, and other Card-related benefits that may be relevant to the transaction you are trying to make with your Click to Pay Profile. Mastercard presents this information as-is, as received from the issuer of your Card. If you have questions about your Card-related information that you see in connection with using your Click to Pay Profile, please contact your Card issuer.
We may take steps to update certain information about your Card (e.g., Card number and expiration date) using information and third-party sources available to us, without any action on your part. If you do not want us to update your Card information, you may remove that Card from your Click to Pay Profile. If we update your payment method, we will keep any preference setting attached to such payment method.
All of the information in your Click to Pay Profile are collectively referred to in these Terms as your “Payment Information.”
You must use only valid email addresses and phone numbers owned or controlled by you. When you store a Card in your Click to Pay Profile, you are representing and warranting that you are a valid holder or authorized user of that Card.
You are solely responsible for maintaining up-to-date and accurate information in your Click to Pay Profile, including all Payment Information. Mastercard has no responsibility for the authenticity, validity, accuracy, or completeness of the Payment Information that Mastercard transmits on your behalf.
Mastercard recognizes the importance of respecting your privacy. The Privacy Notice provides a description of how Mastercard collects, uses, shares, and protects your personal information in connection with your Click to Pay Profile, as well as the choices and access rights you have in regard to your personal information. Your addresses may be automatically filled when you register for Click to Pay. Click to Pay relies on a third-party web application from Google to provide this address auto-fill functionality, where available. The text you enter, the addresses you select and your IP address are processed by Google, in order for this auto-fill to work, in accordance with Google's terms of service and privacy policy.
You are responsible for maintaining adequate security and control of any and all emails, passwords, telephone numbers, personal identification numbers, or any other codes that you use to access your Click to Pay Profile. In addition, you are responsible for maintaining adequate security and control of all devices that you use to access your Click to Pay Profile through the use of passwords, PINs, biometrics or other appropriate authentication methods.
You are responsible for all activities that occur through or by usage of your Click to Pay Profile, including the activities of others (whether or not the activities are authorized). You must immediately notify Mastercard of unauthorized access to or use of your Click to Pay Profile. Neither Mastercard nor its agents will be liable for any loss or damages of any kind that may arise as a result of the unauthorized access to or use of your Click to Pay Profile or any Payment Information (with or without your knowledge), except to the extent the foregoing limitation is prohibited under applicable law.
Making Payments
Your Click to Pay Profile may be used to help you transact with merchants or make payments with your Card in different ways.
Transactions
You can access your Click to Pay Profile to check out with merchants who accept Mastercard through an industry standard e-commerce acceptance interface called Click to Pay. This includes, for example:
- Clicking or tapping where you see
. In instances where images are not displayable, the call to action “Click to Pay” will be displayed as text. - Manually entering a card number or email address wherever you see .
In these instances, when you click or tap on the “Confirm” (or similar) button within your Click to Pay Profile, Mastercard will transmit your selected Payment Information to the merchant.
Each transaction that you make using a Card in your Click to Pay Profile is a contractual relationship directly between you and the merchant, and the merchant’s terms and conditions will govern all aspects of that transaction and the merchant’s use of your Payment Information. Mastercard is not involved in processing your transaction and has no liability to you or the merchant with respect to the transaction.
Other Uses
Your agreement with a merchant or other third party may allow that party to store information provided by you from your Click to Pay Profile, or to connect with Mastercard to receive certain Payment Information (e.g., Card number or a token, and the expiration date), or to validate or receive other Payment Information in your Click to Pay Profile.
In these instances, the third parties’ access to and usage of such information is subject to your agreement with the third party, and the third party’s terms and conditions will govern its usage of your information. Mastercard has no liability to you or the third party with respect to the third party’s access to, or usage of, your information.
If you have questions or concerns regarding a third party’s access to any information pursuant to your agreement with that party, please contact that party for information.
Other Mastercard Roles
If you request registration of a non-Mastercard card with Mastercard’s Click to Pay system, Mastercard may transmit your personal information to the Click to Pay system of that card’s payment network (or an entity acting on its behalf). You hereby consent to said transmission and agree that you will not hold Mastercard liable for any harm or loss resulting directly or indirectly therefrom.
When you repeat a Click to Pay checkout with any merchant that accepts Mastercard Click to Pay (“Click to Pay Merchant”), you will be able to view your Cards and designate which should be used for the transaction. You may also be able to securely save your default Card and payment method directly with Mastercard Click to Pay Merchants that offer that feature. After the Mastercard Click to Pay Merchant (or the entity acting on its behalf) receives your Payment Information, it will then submit the transaction for processing.
Use of Your Payment Information
You are solely responsible for ensuring your use of Mastercard Click to Pay complies with the terms and conditions that govern your Cards that you store in and use through your Click to Pay Profile. You are also responsible for all charges or debits to your Cards that result from transactions made using your Payment Information, and any fees that the issuers of your Cards may charge in connection with the transactions. You are solely responsible for reporting and paying any applicable taxes arising from transactions originated using your Payment Information and you will comply with any and all applicable tax laws in connection with these transactions.
Mastercard is not a bank, payment institution, or a money services business as defined by the applicable regulatory body in the Authorized Country having authority to define such entities, and Mastercard does not offer those services. Mastercard does not issue Cards of any kind. Any and all questions or issues regarding any of your Cards should be directed to the bank or financial institution that issued your Card and not to Mastercard. MASTERCARD MAKES NO REPRESENTATIONS THAT YOUR CARDS ARE VALID OR IN GOOD STANDING OR THAT THE PARTIES WHO ISSUED YOUR CARDS WILL APPROVE OR HONOR YOUR REQUESTED TRANSACTIONS.
Resolution of Transaction Issues
If you have any concerns with respect to any transaction made using your Click to Pay Profile, you must contact the merchant with which you entered into that transaction. You may also have certain rights and protections under your agreement with the bank or financial institution that issued your Card or under applicable law with respect to the charges for transactions made to your registered Cards. Consult your agreement with your Card issuer for details and applicable laws.
Grant of License from Mastercard
Mastercard License. So long as you comply with these Terms, Mastercard grants you a limited, non-exclusive, as-is, revocable, non-transferable license, without right of sublicense, to use your Click to Pay Profile solely for the purpose of storing and transmitting your Payment Information to merchants who accept Mastercard through an industry standard e-commerce acceptance interface called Click to Pay.
Prohibited Conduct. You must not use your Click to Pay Profile for any other purpose and must not:
- decompile, reverse engineer, or otherwise access or attempt to access the source code relating to Mastercard’s services and systems used in connection with your Click to Pay Profile, or make or attempt to make any modification to the same (except to the extent the foregoing prohibition is not permitted under applicable law);
- gain access to or use Mastercard’s services or systems, including those used in connection with your Click to Pay Profile, other than as permitted under these Terms, or damage, disrupt, or impede the operation of Mastercard’s services or systems;
- use your Click to Pay Profile in connection with any fraudulent or illegal conduct, transaction, or business, as determined by Mastercard in its sole discretion;
- register for a Click to Pay Profile by automated means or under false or fraudulent pretenses;
- interfere with, circumvent, or modify any security mechanism used by or on behalf of Mastercard;
- use or launch any automated system, including “robots,” “spiders,” or “offline readers,” to access Mastercard’s services and systems used in connection with your Click to Pay Profile;
- act as a payment intermediary, aggregator, or service bureau yourself or on behalf of any third party, including handling, processing, or transmitting funds for any third party;
- rent, lease, loan, trade, sell, re-sell, or otherwise charge any party for access to Mastercard’s services and systems used in connection with your Click to Pay Profile;
- transmit any viruses, worms, defects, Trojan horses, or any programming of a destructive nature; or
- attempt to do any of the foregoing acts, or assist or permit any person in engaging in any of the foregoing acts.
Compliance with Law. You must comply with all applicable international, national, provincial, and local laws, rules, regulations, directives, and governmental requirements relating to your use of your Click to Pay Profile and Mastercard’s services and systems used in connection with your Click to Pay Profile. Mastercard may, in its sole discretion, accept or reject your request to register a Click to Pay Profile and may disable or otherwise suspend access to your Click to Pay Profile or to any Payment Information within your Click to Pay Profile at any time for any reason or no reason whatsoever, including if Mastercard suspects fraud or illegal, unauthorized or improper conduct.
Mastercard does not claim ownership of the content that you provide, upload, submit or send to Mastercard. When you provide content to Mastercard (including in your Click to Pay Profile), you grant Mastercard (and parties that we work with) a non-exclusive, irrevocable, royalty-free, transferable, and worldwide license to store, reproduce, modify, create derivative works and otherwise use your content and associated intellectual property and publicity rights to help us improve, operate and promote our current services and systems, and to develop new ones. Mastercard will not compensate you for any of your content. You acknowledge that Mastercard’s use of your content will not infringe any intellectual property or publicity rights. Further, you acknowledge and warrant that you own or otherwise control all of the rights of the content you provide, and you agree to waive your moral rights and promise not to assert such rights against Mastercard.
Text Messages and Carrier Fees
Text Messages. In some instances (e.g., Click to Pay Profile modification), Mastercard may send a code to your mobile phone for verification purposes. You expressly agree and consent to receive those text messages. Your standard messaging, airtime, and data rates will apply.
Messages May be Delayed. If your mobile phone is off, out of range, or subject to a variety of other conditions, you may not receive all messages or messages may be delayed. Cellular and other wireless transmission services and networks are inherently insecure and subject to service disruptions, weak or dropped signals, and other failures over which Mastercard has no control. MASTERCARD ASSUMES NO RESPONSIBILITY OR LIABILITY FOR ANY DELAYS OR FAILURE TO RECEIVE TEXT MESSAGES OR OTHER MOBILE-BASED INFORMATION OR ANY SECURITY BREACHES RELATED TO ANY OF THE FOREGOING.
Carrier Fees. You are responsible for any fees and penalties charged by your telecommunications provider or any other third party in connection with your use of Mastercard Click to Pay on your mobile device.
Fees and Charges
While Mastercard currently makes Mastercard’s services and systems used in connection with your Click to Pay Profile available free of charge to you, Mastercard may in the future charge for these products and services (or any additional features or functionality) at any time, in its sole discretion, and will notify you in advance of such future charges to the extent required under applicable laws. Mastercard may also discontinue, modify, or change Mastercard’s services and systems (including Mastercard’s services and systems used in connection with your Click to Pay Profile) at any time and will notify you in advance of such discontinuance, modification, or change to the extent required under applicable laws. These changes may require you to update your Payment Information or other information related to your Click to Pay Profile in order to continue using including Mastercard’s services and systems. To the maximum extent permitted by law, Mastercard will not have any liability or obligation to you with regard to any modifications or changes it makes to Mastercard’s services or systems (including Mastercard’s products and services used in connection with your Click to Pay Profile).
Modifications to Our Service and to These Terms
Mastercard may, in its sole discretion, modify, update, discontinue, suspend, or otherwise change, temporarily or permanently, any or all aspects of Mastercard Click to Pay. Where required by applicable law, Mastercard will provide prior written notice of such changes. In all other cases, the Company may proceed without specifying a notice period. You agree that Mastercard shall not be liable to you or any third party for taking these actions, and your continued use of Mastercard Click to Pay following any such change(s) will be construed to be your acceptance of such change(s).
Mastercard reserves the right, in its sole discretion at any time and from time-to-time, to change these Terms or provide other disclosures or notices regarding your Click to Pay Profile (including Mastercard’s services and systems used in connection with your Click to Pay Profile) by delivering them to you through your Click to Pay Profile account and emailing them to you at the email address associated with your Click to Pay Profile. If you do not agree with any aspect of these Terms at any time you must not use Mastercard Click to Pay.
If you are an existing Mastercard Click to Pay user, non-material changes we make to these Terms will become effective immediately upon publication of the updated Terms. To the fullest extent permitted under applicable law, your continued use of Mastercard Click to Pay after we publish any such changes will constitute your acceptance of the updated Terms. If we make a change to these Terms that materially modifies your rights or obligations, you will be required to affirmatively accept the modified Terms before continuing to use the Service. Note that any changes made to these Terms for legal reasons will become effective immediately upon publication. You should review these Terms often. You may access the current copy of the Terms at any time, and can determine when the Terms were last modified by checking the date at the top of these Terms.
From time to time, Mastercard may ask you for (or you may independently provide Mastercard with) your feedback, suggestions, comments, or ideas (collectively “Feedback”) on Mastercard’s services and systems used in connection with your Click to Pay Profile or other Mastercard products or services but you are not required to provide us with any Feedback. You agree that Mastercard may use and exploit all Feedback you provide for any purpose without obligation of any kind and without any obligation of confidentiality, attribution, accounting, compensation, or other duty to account to you.
Intellectual Property Ownership and Rights
As between you and Mastercard, Mastercard owns and retains all right, title, and interests, including all intellectual property rights, in and to (a) Mastercard’s systems and services; and (b) your Click to Pay Profile (but not the content you provide to Mastercard) (collectively, “Mastercard Property”). Mastercard, its licensors, or third party partners own and retain all right, title, and interest in all names, trade names, trademarks, service marks, slogans, logos, domain names, or other indicia of Mastercard or its licensors or third party partners used in connection with Mastercard’s systems and services or a Card (“Trademarks”). You have no right to use any Trademark in any manner without the advance written permission of the owner of that Trademark.
Using your Click to Pay Profile or other Mastercard systems and services does not give you ownership of any intellectual property rights in the Mastercard Property. Mastercard reserves all rights in the Mastercard Property and Trademarks not expressly granted to you in these Terms.
Products and Services Offered by Merchants
Each purchase using a Card stored in your Click to Pay Profile of a product or service offered by a merchant is subject to that merchant’s specific terms and conditions, which may be set forth in the full description of the product or service and is a contractual relationship directly between you and the merchant. The inclusion of a merchant’s products or services in any product, service, or technology that allows or requires you to checkout with your Click to Pay Profile does not constitute any approval, endorsement, or warranty by Mastercard of the products or services or of the merchant offering them.
Mastercard’s services and systems may contain content about third party products and services, and popups or links to third party sites, served by or on behalf of third parties that are independent of Mastercard and not owned or controlled by Mastercard (“Third Party Content(s)”). Third Party Content, and links to Third Party Content are included, and popups served by or on behalf of third parties are facilitated, solely for the convenience of users and do not constitute any approval, endorsement, or warranty by Mastercard. Moreover, Mastercard is not responsible for the content, security, operation, or use of any Third Party Content or the products or services that may be offered or obtained through them or for the accuracy, completeness, or reliability of any information obtained from a Third Party Content.
When you click on a link to or in a popup of a Third Party Content, you will leave the services controlled by Mastercard. Any personal information you submit after you leave Mastercard’s services and systems will not be collected or controlled by Mastercard. It will be subject to the privacy notice or terms of use applicable to the Third Party Content. It is your responsibility to review those policies before submitting your information to the Third Party Site and you provide your information at your own risk. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU EXPRESSLY RELIEVE MASTERCARD FROM ANY AND ALL LOSS, DAMAGES OR OTHER LIABILITIES YOU INCUR AS A RESULT OF YOUR ACCESS TO OR USE OF ANY THIRD PARTY CONTENT.
You represent and covenant that (a) the information you provide to Mastercard in connection with your registration for a Click to Pay Profile is true and correct and you will keep it accurate and up-to-date at all times; (b) you are the valid holder or authorized user of each Card that you store in your Click to Pay Profile; and (c) you will comply with these Terms and all applicable local, national, provincial, and international laws, rules, and regulations in connection with your use of your Click to Pay Profile and other Mastercard services and systems.
You represent and warrant that you are: (i) at least 18 years of age (or the minimum age in your jurisdiction for entering into a binding contract), (ii) capable of entering into a legally binding agreement, and (iii) a legal resident of the Republic of Cyprus where Mastercard Click to Pay is implemented.
To the fullest extent permitted by law, you agree to indemnify and hold harmless Mastercard and its business partners, and its and their officers, directors, employees, representatives and affiliates (the “Indemnified Parties”), from and against any and all claims, liabilities, damages (actual and consequential), losses, fines, and expenses (including legal and other professional fees and costs of investigation) arising from or in any way related to (a) your use of Mastercard’s services and systems, including your Click to Pay Profile in a manner not authorized by these Terms; (b) your (or anyone using your Click to Pay Profile’s) breach of these Terms or applicable law; (c) your negligence or wilful misconduct; (d) any dispute between you and a third party, including any merchant or financial institutions; or (e) your violation of any third party’s rights, including any intellectual property rights.
General Disclaimer. MASTERCARD’S SERVICES AND SYSTEMS, INCLUDING YOUR CLICK TO PAY PROFILE, ARE PROVIDED “AS IS,” “AS AVAILABLE,” AND WITH ALL FAULTS. THE INDEMNIFIED PARTIES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, QUALITY OF INFORMATION, QUIET ENJOYMENT, NON-INFRINGEMENT, TITLE, OR FITNESS FOR A PARTICULAR PURPOSE. MASTERCARD DOES NOT WARRANT THAT THE INFORMATION CONTAINED IN MASTERCARD’S SERVICES AND SYSTEMS (INCLUDING ANY INFORMATION RELATED TO A MERCHANTS’ PRODUCTS OR SERVICES) OR IN ANY THIRD PARTY CONTENT, WILL BE ACCURATE OR COMPLETE, OR THAT MASTERCARD’S SERVICES AND SYSTEMS OR ANY THIRD PARTY CONTENT WILL BE ERROR FREE, CONTINUOUS OR UNINTERRUPTED, FREE FROM SPYWARE, MALWARE, ADWARE, VIRUSES, WORMS, OR OTHER MALICIOUS CODE, OR WILL FUNCTION TO MEET YOUR REQUIREMENTS. MASTERCARD DOES NOT WARRANT THAT MASTERCARD’S SERVICES AND SYSTEMS WILL WORK WITH YOUR OPERATING SYSTEMS, OR WITH ANY OTHER SOFTWARE INSTALLED ON YOUR COMPUTERS OR MOBILE DEVICES. INFORMATION OBTAINED BY YOU FROM MASTERCARD WILL NOT CREATE ANY WARRANTIES. YOU ASSUME ALL RISKS ASSOCIATED WITH YOUR USE OF MASTERCARD’S SERVICES AND SYSTEMS, INCLUDING YOUR CLICK TO PAY PROFILE. IT IS YOUR SOLE RESPONSIBILITY TO DETERMINE WHETHER MASTERCARD SERVICES AND SYSTEMS ARE SUITABLE AND ADEQUATE FOR YOUR NEEDS.
Disclaimer Regarding Transactions. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT MASTERCARD DOES NOT HAVE ANY CONTROL OVER YOUR TRANSACTIONS USING YOUR PAYMENT INFORMATION, AND MASTERCARD CANNOT ENSURE THAT ALL TRANSACTIONS WILL BE COMPLETED OR THAT THE BANK (OR OTHER ISSUER) WHO HAS ISSUED YOUR CARD WILL AUTHORIZE THE TRANSACTIONS THAT YOU INITIATE.
Disclaimer Regarding Click to Pay Profile. YOU ACKNOWLEDGE AND AGREE THAT THE CLICK TO PAY PROFILE SERVICE IS AVAILABLE ONLY IN CERTAIN MARKETS AND YOU MAY NOT BE ABLE TO CREATE A CLICK TO PAY PROFILE, ACCESS YOUR CLICK TO PAY PROFILE, OR COMPLETE A TRANSACTION USING YOUR CLICK TO PAY PROFILE, DEPENDING ON, AMONG OTHER THINGS, THE LOCATION OF THE MERCHANT AND THE COUNTRY OF YOUR CARD’S ISSUANCE. FURTHERMORE, YOU ACKNOWLEDGE AND AGREE THAT NOT ALL MASTERCARD SERVICES AND SYSTEMS (INCLUDING THE FEATURES DESCRIBED IN THESE TERMS AND OTHER DESCRIPTIONS OF THE CLICK TO PAY PROFILE SERVICE) MAY BE AVAILABLE AT ALL TIMES OR IN ALL USES OF YOUR CLICK TO PAY PROFILE, AND MAY DEPEND ON, AMONG OTHER THINGS, THE LOCATION AND CAPABILITIES OF THE MERCHANT AND YOUR CARD’S ISSUER.
Third Party Systems. MASTERCARD CLICK TO PAY INTERACTS WITH THIRD PARTY SYSTEMS THAT ARE INDEPENDENT OF MASTERCARD AND NOT OWNED OR CONTROLLED BY MASTERCARD. YOU ACKNOWLEDGE AND AGREE THAT MASTERCARD SHALL NOT BE LIABLE FOR ANY LOSS, DAMAGE OR OTHER HARM RESULTING DIRECTLY OR INDIRECTLY FROM ANY SECURITY BREACH OR OTHER ISSUE RELATING TO A THIRD PARTY SYSTEM.
Applicable Laws. IN THOSE JURISDICTIONS WHERE A PART OF THE FOREGOING DISCLAIMERS MAY BE LIMITED OR INAPPLICABLE UNDER APPLICABLE LAW, THE FOREGOING DISCLAIMERS APPLY TO THE MAXIMUM EXTENT PERMITTED UNDER LAW.
Limitation. REGARDLESS OF WHETHER ANY REMEDY IN THESE TERMS FAILS ITS ESSENTIAL PURPOSE OR OTHERWISE, THE INDEMNIFIED PARTIES ARE NOT AND WILL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, CONSEQUENTIAL, OR ANY OTHER DAMAGES WHATSOEVER, INCLUDING ANY PERSONAL INJURY, PROPERTY DAMAGE, LOSS OF USE, LOSS OF BUSINESS, ECONOMIC LOSS, LOSS OF DATA, OR LOSS OF PROFITS, WITHOUT REGARD TO THE FORM OF ACTION (INCLUDING CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTIONS) ARISING OUT OF OR IN CONNECTION WITH (A) THESE TERMS; (B) MASTERCARD SERVICES AND SYSTEMS (INCLUDING YOUR CLICK TO PAY PROFILE); (C) ANY INTERRUPTION IN SERVICE RELATED TO SERVICES AND SYSTEMS; (D) ANY CARD, OR THIRD PARTY CONTENT; (E) ANY PRODUCT OR SERVICE OBTAINED THROUGH A TRANSACTION USING YOUR PAYMENT INFORMATION; (F) THE ACTIONS OR INACTIONS OF ANY MERCHANT; (G) YOUR USE OF YOUR MOBILE DEVICE, INCLUDING ANY LACK OF ATTENTION TO YOUR SURROUNDINGS RESULTING FROM SUCH USE; OR (H) THE UNAUTHORIZED ACCESS BY ANY PARTY TO MASTERCARD’S SERVICES AND SYSTEMS (INCLUDING YOUR CLICK TO PAY PROFILE), INCLUDING PERSONAL DATA, EVEN IF ANY OF THE INDEMNIFIED PARTIES HAS BEEN ADVISED OF THE POSSIBILITY OF THOSE DAMAGES. YOU WAIVE ANY AND ALL CLAIMS, NOW KNOWN OR LATER DISCOVERED, THAT YOU MAY HAVE AGAINST THE INDEMNIFIED PARTIES ARISING OUT OF YOUR USE OF MASTERCARD CLICK TO PAY, YOUR MOBILE DEVICE OR THESE TERMS. WITHOUT LIMITING THE FOREGOING, MASTERCARD IS NOT RESPONSIBLE FOR ANY ERRORS IN ANY DESCRIPTIONS OF PRODUCTS OR SERVICES OFFERED BY MERCHANTS OR ANY MOBILE CARRIER FEES OR PENALTIES OR CARD ACCOUNT FEES OR PENALTIES THAT YOU INCUR AS A RESULT OF YOUR USE OF MASTERCARD SERVICES AND SYSTEMS, INCLUDING ANY FEES AND PENALTIES THAT MAY RESULT FROM TRANSACTION REVERSALS.
Cap on Liability. NOTWITHSTANDING THE FOREGOING, THE INDEMNIFIED PARTIES’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE WILL NOT, UNDER ANY CIRCUMSTANCES, EXCEED ONE HUNDRED EUR (EUR €100).
Applicable Laws. IN THOSE JURISDICTIONS WHERE A PART OF THE FOREGOING LIMITATIONS MAY BE LIMITED OR INAPPLICABLE UNDER APPLICABLE LAW, THE FOREGOING LIMITATIONS AND EXCLUSIONS APPLY TO THE MAXIMUM EXTENT PERMITTED UNDER LAW.
Term and Termination. Mastercard may suspend or terminate your use of Mastercard services and systems, your access to your Click to Pay Profile, or your access or use of any Payment Information in your Click to Pay Profile, at any time from time to time, with or without cause, and without notice, including in the event Mastercard believes (a) your contact information is not up-to-date or you do not respond to communications directed to you; (b) the information you have provided to obtain your Click to Pay Profile is false, inaccurate, not current, or incomplete; (c) you are engaged in illegal activity; (d) you have breached any of these Terms; or (e) your Click to Pay Profile has been inactive for more than thirteen (13) months. You may terminate these Terms with respect to your Click to Pay Profile or for any reason or no reason at all, at your convenience, by deleting your Click to Pay Profile and ceasing all use of related Mastercard services and systems.
Effect of Termination. Upon termination of these Terms for any reason, the rights and licenses granted to you with respect to Mastercard will immediately terminate and you will have to immediately cease all use of your Click to Pay Profile and related Mastercard services and systems. The terms, conditions, and warranties contained in these Terms that by their nature and context are intended to survive the termination of these Terms will survive, including, without limitation, the following sections:
- Privacy
- Protecting Your Information
- Use of Your Payment Information
- Resolution of Transaction Issues
- Grant of License from You
- Feedback
- Intellectual Property Ownership and Rights
- Third Party Content
- Your Representations
- Indemnification
- Disclaimer of Warranties
- Limitation of Liability
- Termination
- Entire Agreement
- Relationship of the Parties
- Governing Law
- Dispute Resolution
- Waiver; Invalidity
- Interpretation
- Assignment
Mastercard will have no liability to you for any damages, loss of profits or other claims arising from the termination or suspension of your access to your Click to Pay Profile and related Mastercard services and systems.
Customer Support
Please go to the “Support” or “Help” section in your Click to Pay Profile account if you have any questions or difficulties using your Click to Pay Profile.
Notifications
Unless provided otherwise by Mastercard, all notices required from you under these Terms must be sent to the addresses specified by Mastercard from time to time, in its sole discretion. You consent to receiving certain electronic communications from us as further described in the Privacy Notice. Please read our Privacy Notice to learn more about our electronic communications practices. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that those communications be in writing.
These Terms constitute the entire agreement between you and Mastercard with regard to their subject matter.
These Terms do not create and must not be construed as creating a joint venture, co-ownership, partnership, or agency relationship between you and Mastercard.
These Terms are governed by the laws of the Republic of Cyprus.
Any dispute, controversy or claim arising out of or relating to these Terms, or the breach, termination or invalidity thereof, shall be settled by arbitration in accordance with the Cyprus Center for Alternative Dispute Resolution Rules (A.D.R. Cyprus Center Ltd) which Rules are deemed to be incorporated by reference into this clause. The seat, or legal place, of arbitration shall be the Republic of Cyprus. The governing law of the contract shall be the substantive law of the Republic of Cyprus.
If you wish to raise a concern or issue in relation to your Click to Pay Profile or its use, Mastercard shall have a period of thirty (30) calendar days from the date of notification to address and resolve the matter, provided it is capable of being remedied. During this period, the consumer agrees not to initiate any formal legal proceedings, unless Mastercard fails to take reasonable steps to resolve the issue within the cure period.
Mastercard’s failure or delay to exercise or enforce any right or provision of these Terms or any rights under applicable law will not constitute a waiver of any of those provisions or rights. If any provision of these Terms is found by an arbitrator or a court of competent jurisdiction to be invalid, the parties agree that the arbitrator or court will endeavour to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms will remain in full force and effect.
The section headings in these Terms are for convenience only and have no legal or contractual effect. For purposes of these Terms, (a) the words “include,” “includes” and “including” will be deemed to be followed by the words “without limitation”; (b) the words “such as”, “for example” “e.g.” and any derivatives of those words will mean by way of example and the items that follow these words will not be deemed an exhaustive list; (c) the word “or” is used in the inclusive sense of “and/or” and the terms “or,” “any,” and “either” are not exclusive; and (d) the singular includes the plural and the plural includes the singular. No ambiguity will be construed against any party based on a claim that the party drafted the language.
You may not assign or transfer your rights or obligations under these Terms. Any purported transfer or assignment in violation of the foregoing will be invalid.
Force Majeure
Mastercard will not be liable for any delay or failure to perform its obligations hereunder resulting from any cause beyond its reasonable control, including without limitation, telecommunications, power or utility failures.