Thank you for choosing to use your Mastercard card. Mastercard International Incorporated (including its subsidiaries and affiliates, “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 (“Terms”) are a legal agreement between you and Mastercard Europe S.A.. They apply together with the Mastercard Click to Pay Online Privacy Notice (“Privacy Notice”). When creating a Click to Pay profile, you must 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 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 issuers 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 Authorised Country only.
Your Click to Pay Profile
Upon receipt of your request to register a Click to Pay Profile, Mastercard will confirm receipt without undue delay by email to the email address provided upon your registration request. Mastercard is free to accept or reject your request to register a 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 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. 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 data subject 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.
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:
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.
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.
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).
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 honour your requested transaction.
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. 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 or other third parties 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:
Compliance with Law. It is your responsibility to comply with all applicable legal 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 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.
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 grant Mastercard (and parties that we work with) a non-exclusive, irrevocable, royalty-free, transferable, and worldwide license to use the content of your feedback for the purpose and to the extent necessary to store, reproduce, modify, create derivative works and otherwise use your Feedback to help us improve, operate and promote our current services and systems, and to develop new ones.
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. 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 for any delays or failure to receive text messages or other mobile-based information or any security breaches related to any of the foregoing as this is outside of Mastercard’s control.
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
Mastercard makes the Click to Pay service available free of charge.
Modifications to Our Service and to These Terms
Mastercard may modify or change Mastercard’s services and systems in connection with your Click to Pay Profile, but in each case only insofar as the changes are reasonable considering your rights and interests and the nature of Mastercard’s service being free of charge. 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 the related Mastercard’s services and systems.
Mastercard may also change these Terms, such as to reflect changes to Mastercard’s services and systems or changes in the law, but in each case only insofar as the changes are reasonable considering your interests and the nature of Mastercard’s service being free of charge. Modifications beyond that will require your explicit consent.
Mastercard will inform you about the changes to Mastercard’s services and systems or these Terms in a clear and comprehensible manner at least six weeks in advance, unless a shorter notice period is reasonably required, by providing notice to your Click to Pay Profile account and via email at the email address associated with your Click to Pay Profile. If you do not agree to these changes, you may terminate these Terms as described below, Mastercard will inform you about your right to terminate in a clear and comprehensible manner.
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.
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 Mastercard’s services and systems used in connection with your Click to Pay Profile.
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 one of the countries where Mastercard Click to Pay is implemented.
While Mastercard makes any reasonable effort to provide the Click to Pay service without interruption, it does not warrant any particular availability of the service. It also assumes no warranty or responsibility for external services or networks, such as of your telecommunications provider.
Unless otherwise stated in these Terms, we shall be liable for a breach of contractual and non contractual obligations in accordance with the statutory provisions.
We shall be liable for damages - irrespective of the legal grounds - within the framework of fault-based liability in the event of intent and gross negligence. In the event of simple or slight negligence, we shall be liable, subject to statutory limitations of liability (e.g., due care in own affairs; insignificant breach of duty) only
These limitations do not apply in case of fraud, fraudulent misrepresentation, if we have fraudulently concealed a defect, have given a guarantee of quality or have assumed a procurement risk.
Furthermore, any mandatory statutory liability, in particular under the Product Liability Act, shall remain unaffected.
The limitations of liability resulting from this Section shall also apply to our executive bodies, legal representatives, employees, staff and vicarious agents and/or other persons for whose fault the Company is responsible in accordance with statutory provisions.
Mastercard is not be responsible for, in particular,
Term and Termination. Either party may terminate these Terms without cause at their convenience and without notice. You can terminate these Terms by deleting your Click to Pay Profile and ceasing use of directly related Mastercard services and systems. This does not in any way affect your right to otherwise use your Card. Mastercard may also disable or suspend your use of Mastercard services and systems related to your Click to Pay profile, 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 and without notice, including in the event Mastercard has reasonable grounds to believe (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 materially breached any of these Terms; or (e) your Click to Pay Profile has been inactive for more than thirteen (13) months.
Effect of Termination. Upon termination of these Terms for any reason, the rights and licenses granted under these Terms 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 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:
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 may also 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
These Terms are governed by German law, with the exception of its conflict of law provisions and the United Nations Convention on Contracts for the International Sale of Goods (CISG). This shall not prejudice the application of provisions of the law of the user’s country of residence in the EU which cannot be derogated from by agreement.