These Terms of Use apply to: Poland (“Authorized Country”)
The terms below apply to you if you reside in Poland and act as a consumer or a natural person who has concluded a contract directly related to your business activity, where it follows from the content of the contract that the contract is not of a professional nature for you, in particular based on the subject of your business activity made available pursuant to the provisions on the Central Register and Information on Business Activity.
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 offer you a faster and safer way to checkout out at participating merchants. 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.
To make use of the Mastercard Click to Pay checkout experience, you will need a Click to Pay profile (your “Click to Pay Profile” or “Profile”). This can be created in several ways.
- You can create a Click to Pay Profile directly with Mastercard (a Mastercard C2P Profile);
- You can create a Click to Pay Profile directly with your card issuer (an Issuer C2P Profile); or
- Your digital wallet may offer you the chance to create a Click to Pay Profile (a Wallet C2P Profile).
All of the information in your Click to Pay Profile are collectively referred to in these Terms as your “Profile Information.”
If you create a Mastercard C2P Profile, all activity in relation to your Click to Pay Profile will be governed by these Terms, including the creation and management of your Profile, and its use in any checkout experience. All sections of these Terms will apply to your Profile.
If you create an Issuer C2P Profile or a Wallet C2P Profile, then the creation and management of your Click to Pay Profile will be governed by the terms you agree with your card issuer or digital wallet, as the case may be. The use of your Profile in any checkout experience will be governed by these Terms. Only Sections 2 and 3 of these Terms will apply to your Profile.
BY CREATING AND USING A MASTERCARD C2PPROFILE, OR BY USING YOUR CLICK TO PAY PROFILE IN ANY CHECKOUT EXPERIENCE, YOU AGREE TO ALL OF THE TERMS AND CONDITIONS IN THESE TERMS, AND ALL OTHER RULES, POLICIES AND PROCEDURES RELATING TO YOUR PARTICIPATION IN MASTERCARD CLICK TO PAY 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 A MASTERCARD C2P PROFILE OR USE YOUR CLICK TO PAY PROFILE IN ANY CHECKOUT EXPERIENCE.
Section 1: Mastercard Click to Pay Profile
You can find a list of countries where Mastercard supports the use of a Click to Pay Profile here. These are deemed to be the Authorised Countries.
YOUR MASTERCARD C2P PROFILE IS INTENDED FOR USE IN THE AUTHORIZED COUNTRIES ONLY.
If your country of residence changes, you must promptly delete your existing Mastercard C2P Profile and create a new one when Click to Pay is available in your new location. If you create a Mastercard C2P 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 your Mastercard C2P 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 Mastercard C2P 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 Mastercard C2P Profile. If we update your payment method, we will keep any preference setting attached to such payment method.
To help protect your profile and/or transactions, Mastercard or your Card Issuer may ask that through a Mastercard service that you create payment passkey(s) to confirm your identity (“Authentication”). If you choose to create a Mastercard payment passkey(s), you agree that we can access and provide your Profile Information to a Mastercard Authentication service. You may use payment passkeys in different scenarios including but not limited to Click to Pay. Therefore, your use of payment passkeys will be subject to separate terms of use which we will present to you. Once you have created your payment passkey(s), participating merchants, e-commerce sites, digital wallets, and other entities that you wish to interact with may invoke the Mastercard service to authenticate you. You are under no obligation to use your payment passkey for Click to Pay transactions.
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 Profile Information. Mastercard has no responsibility for the authenticity, validity, accuracy, or completeness of the Profile 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.
Representations
You represent and covenant that (a) the information you provide to Mastercard in connection with your registration for a Mastercard C2P 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 Mastercard C2P Profile.
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
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 Profile Information, it will then submit the transaction for processing.
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 Mastercard Click to Pay Profile solely for the purpose of storing and transmitting your Profile Information to merchants who accept Mastercard through an industry standard e-commerce acceptance interface called Click to Pay.
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 Mastercard C2P Profile and Mastercard’s services and systems used in connection with your Mastercard C2P Profile. Mastercard may 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 Profile Information within your Click to Pay Profile, if Mastercard finds fraud or illegal, unauthorised 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. Further, you acknowledge and warrant that you own or otherwise control all of the rights over the content you provide, and you undertake not to exercise your moral rights in this regard.
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.
Disclaimer Regarding Click to Pay Profile. YOU ACKNOWLEDGE AND AGREE THAT MASTERCARD C2P PROFILE SERVICE IS AVAILABLE ONLY IN CERTAIN MARKETS AND YOU MAY NOT BE ABLE TO CREATE A MASTERCARD C2P PROFILE, ACCESS YOUR MASTERCARD C2P PROFILE, OR COMPLETE A TRANSACTION USING YOUR MASTERCARD C2P 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 MASTERCARD C2P 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.
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.
Section 2: Checkout Experiences
(Relevant for all C2P Profiles)
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 Profile 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 Profile 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 Profile Information (e.g., Card number or a token, and the expiration date), or to validate or receive other Profile 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.
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 Profile Information, it will then submit the transaction for processing.
Use of Your Profile 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 Profile 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 Profile 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.
Section 3: General Provisions
(Relevant for all Click to Pay Profiles)
Prohibited Conduct. You must not:
- Use your Click to Pay Profile to 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);
- Use your Click to Pay Profile to 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 use of Mastercard Click to Pay ;
- 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 use of Mastercard Click to Pay;
- 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.
Text Messages and Carrier Fees
Text Messages. In some instances, 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.
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), and will notify you in advance of such future charges to the extent required by the mandatory provisions of the law, providing you with the right to terminate the contract with Mastercard if you do not accept the change. 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 for important reasons, e.g., technical, operative or security reasons and/or changes in the applicable law, and will give you at least 7 days’ notice of such discontinuance, modification or change. In such a case, you have the right to terminate the contract. You agree that your continued use of Mastercard Click to Pay following any such change(s) will be construed to be your acceptance of such change(s).These changes may require you to update your Profile 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 modify, update, discontinue, suspend, or otherwise change, temporarily or permanently, any or all aspects of Mastercard Click to Pay at any time for important reasons, e.g., technical, operative or security reasons and/or changes in the applicable law. Mastercard will give you upon at least 7 days’ notice about the change. In such a case, you have the right to terminate the contract. You agree that your continued use of Mastercard Click to Pay following any such change(s) will be construed to be your acceptance of the change(s). Mastercard reserves the right 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) at any time for important reasons, e.g., technical, operative or security reasons and/or changes in the applicable law. Mastercard will give you at least 7 days’ notice about such changes. In such a case, you have right to terminate the contract. You agree that your continued use of Mastercard Click to Pay following any such change(s) will be construed to be your acceptance of the change(s).
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 Mastercard’s systems and services; (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.
Participating in Mastercard Click to Pay or using 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 one of the countries where Mastercard Click to Pay is implemented.
Disclaimer Regarding Transactions. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT MASTERCARD DOES NOT HAVE ANY CONTROL OVER YOUR TRANSACTIONS USING YOUR PROFILE 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.
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.
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.
Mastercard may suspend or terminate your use of Mastercard services and systems, your access to your Click to Pay Profile, or your access to or use of any Profile Information in your Click to Pay Profile in the following events: (a) your contact information is not up-to-date or you do not respond for more than 14 days 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 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
- Disclaimer of Warranties
- Limitation of Liability
- Termination
- Entire Agreement
- Relationship of the Parties
- Governing Law
- Waiver; Invalidity
- Interpretation
- Assignment
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 State of New York. However, if you reside in Poland, this shall not deprive you of your rights under the mandatory provisions of the law of Poland.
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.