Revised September 2013
ACKNOWLEDGEMENT: YOU ACKNOWLEDGE THAT THIS AGREEMENT IS CONCLUDED BETWEEN THE INDIVIDUAL PERSON DOWNLOADING AND USING THE APPLICATION (“YOU,” “YOUR,” “YOU” OR “YOUR”) AND VISA ONLY, AND NOT WITH APPLE.
- Our privacy statement discloses how we collect, use, share and secure your personal information in connection with the Application. [See Section B]
- If you choose to use your location in connection with a location-based service, we will collect and use your location-based information. [See Section B.5]
A. The Application
1. Scope of License: This license is limited to a non-exclusive, non-transferable license for you to use the Application for personal use only on any iPhone or iPod touch that you own or control and as permitted by the Usage Rules set forth in the App Store Terms of Service. You may not modify, translate, reverse engineer, decompile, disassemble, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products, data or services obtained from or in connection with the Application. Notwithstanding the above, You may print or download one (1) copy of the associated media and documentation for the Application solely for back-up purposes, provided that you reproduce all copyright and other proprietary notices included on the original on such copy. Additionally, you may not remove any proprietary notices, labels, or marks on the Application or accompanying documentation. You may only use the Application in support of Visa products and programs.
2. Application Services: The Application is a collection of mobile services offered by Visa International Service Association (referred to herein as “Visa”, “us”, “we” or “our”) for use by Visa Signature cardholders possessing a compatible mobile device. Visa provides many of the services directly. However, certain services may be provided in whole or in part by the issuing bank of the Visa Signature card you register in connection with the Application (“Issuing Bank”). The Application is intended to allow you to explore the list of Visa Signature cardholder benefits that may be available on your Visa Signature card, but you will need to contact your Issuing Bank to determine which cardholder benefits actually apply to your card. The Application also displays Visa Signature merchant offers and event opportunities that may be available to you based on the information you register with us (collectively, “Visa Signature Offers”), an ATM locator function that can help you find the ATMs of your Issuing Bank or any PLUS ATM nearest to your current location (“ATM Locator”), and click-to-call connections to the customer service telephone numbers for Visa Signature Concierge and Visa Cardholder Inquiry service. For purposes of this Agreement, “Equipment” shall mean any hardware, software or networks associated with bringing you the Application, including, but not limited to, your mobile device. Unless explicitly stated otherwise, any new features or services that augment or enhance the Application in the future shall be considered part of the Application and subject to this Agreement. AT ANY TIME DURING OR AFTER THE SERVICE, WE MAY PROVIDE YOU WITH A SURVEY OR ASK YOU FOR SUGGESTIONS, FEEDBACK, OR COMMENTS WITH RESPECT TO YOUR USE OF THE SERVICE. YOU ARE UNDER NO OBLIGATION TO RESPOND TO SUCH REQUESTS; HOWEVER, IF YOU ELECT TO PROVIDE ANY FEEDBACK, SUCH FEEDBACK AND ANY USAGE STATISTICS, METRICS OR OTHER DATA GENERATED BY THE USE OF YOUR EQUIPMENT WITH RESPECT TO THIS SERVICE SHALL BE THE SOLE PROPERTY OF VISA. Check with your wireless service provider and/or administrator to determine whether the ‘Internet Browser’ option is available in your browser options. The Application is only available for use by residents of the United States. The Application is only available for download from the Apple App Store to Apple iPhone devices running the iOS version 4 or above operating system.
1. Collection of Information: Although this application does not collect Personally Identifiable Information (“PII”), it does collect device information as well as your location information if you have agreed to it. Also, we collect other non-PII regarding your application settings, preferences and usage.
2. Uses of Information: Visa uses the information it collects to:
- Provide and operate the application and any associated services you request
- Analyze usage and improve the service
- Ensure the security of the service and enforce our policies
- Perform other activities with your consent
3. Sharing of information: Visa may disclose this information in order to: (i) comply with applicable laws; (ii) respond to governmental inquiries; (iii) comply with valid legal process; and (iv) protect our rights or property, this Application and/or other users of this Application. We may employ third parties to perform services on our behalf, such as administering the Application. Such third parties may have access to this information only to the extent necessary to perform their services, but will not be permitted to use it for any other purpose. We may transfer information, to one or more third parties, as a result of our sale, merger, consolidation, change in control, transfer of substantial assets, reorganization or liquidation. We may share your non-PII with third parties such as business partners (or provide it in response to government request) in the aggregate with other users’ non-PII.
4. Consent to transfer data to the United States: Please note that information collected by the Application will be stored and processed in the United States which may have different data protection laws than the country you reside in. You consent to our storage and processing of this information in the United States by installing and using this application.
The Application is only available to individuals who reside in the United States and are: (i) of legal age of majority in their state of residence (and at least 18 years of age); (ii) are a Visa Signature cardholder in good standing and eligible for the Application, and (iii) own or have a compatible mobile device.
1. Cardholder Benefits: The Application will allow you to explore the list of Visa Signature benefits that may be available on your Visa Signature card. Because Issuing Banks are not required to provide all listed cardholder benefits to all cardholders, you will need to contact your Issuing Bank to determine which cardholder benefits are actually applicable to your Visa Signature card.
2. Visa Signature Offers: To redeem Visa Signature Offers (“Offers”), (i) you must show the Offer message and/or coupon graphic containing the Offer to the merchant at a participating location or use the applicable promotional code during the online shopping checkout process, and (ii) pay for the full purchase using your Visa Card. Each Offer is subject to all terms and conditions specified herein and in the details related to the specific Offer, and only valid during the times specified in the specific Offer.
THE FOLLOWING TERMS AND CONDITIONS APPLY TO EVERY MOBILE OFFER, UNLESS OTHERWISE SPECIFIED IN THE TEXT OF THE MOBILE OFFER, THE MOBILE OFFER TERMS AND CONDITIONS, OR AT THE POINT OF PURCHASE: SUBJECT TO AVAILABILITY; LIMIT ONE OFFER PER CARDHOLDER; OFFER CAN ONLY BE REDEEMED BY SHOWING MOBILE OFFER TO MERCHANT OR USING THE APPLICABLE PROMOTION CODE DURING THE ONLINE SHOPPING CHECKOUT PROCESS; OFFER VALID IN-STORE OR ONLINE ONLY (AS APPLICABLE AND AS STATED IN THE ACTUAL OFFER DETAILS); OFFER CANNOT BE COMBINED WITH OTHER PROMOTIONS OR OFFERS AND IS NOT REDEEMABLE FOR CASH; OFFER NOT VALID ON GIFT CARDS, GIFT CERTIFICATES, OR PRIOR PURCHASES; TAXES AND GRATUITIES NOT INCLUDED; ALCOHOLIC BEVERAGES NOT INCLUDED; AND VALID ONLY IN THE COUNTRY SPECIFIED IN THE MOBILE OFFER (OR, IF AN ONLINE OFFER, WHERE EVER THE MERCHANT SHIPS). OTHER RESTRICTIONS MAY APPLY.
THE OFFERS THAT ARE PROVIDED TO YOU THROUGH THIS SERVICE DO NOT AMEND, SUPPLEMENT, CHANGE OR REPLACE ANY OTHER NOTICE OR INFORMATION THAT YOU MAY RECEIVE IN CONNECTION WITH YOUR VISA CARD ACCOUNT, INCLUDING, BUT NOT LIMITED TO, ANY INFORMATION PROVIDED TO YOU ON YOUR PERIODIC STATEMENT OR CARDMEMBER AGREEMENT.
3. ATM Locator: ATM Locator contains ATMs that participate in the Visa/PLUS Global ATM and is dependent on your wireless service and coverage within the area in where you are located at that time. ATM Locator may not be available in all areas. Actual distance between your present location and nearest ATM provided by ATM Locator will vary depending on the area in which you are located (i.e., more locations will be provided if you are located in or near a city versus a rural location).
4. Click-to-Call Services: If available to you, Visa Signature Concierge and Visa Cardholder Inquiry services accessible through the Application are provided pursuant to your agreement with your Issuer. The Application includes functionality that allows you to dial the customer service numbers for both services by clicking a single button within the Application interface (“click-to-call” functionality).
Visa does not charge for use of the Application available as of the date you agree to these terms and conditions. However, standard data and text rates apply to data sent from and received by your mobile device as determined by your wireless provider and you are solely responsible for such charges and any other charges from your wireless provider. You further acknowledge that the Application uses network services and may incur additional network data charges (including additional charges when roaming both domestically and internationally). You should contact your wireless provider for complete pricing details.
The Application is available through your Equipment when it is within the operating range of a wireless carrier. The Application is subject to transmission limitation or interruption. Visa does not guarantee that the Application (or any portion thereof) will be available at all times and/or in all areas. You acknowledge and agree that we are not responsible for performance degradation, interruption or delays due to conditions due to the Equipment. You acknowledge that Visa shall not be liable to you if the Application in a given location is not available. If the Application is not available within your intended location, you agree that your sole remedy shall be to terminate this Agreement.
G. Modifications to Application
Visa reserves the right at any time and from time to time to interrupt, restrict (without cause and without notice to you), modify or discontinue, temporarily or permanently, the Application (or any part thereof) with or without notice. You agree that Visa shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Application.
H. Changes to this Agreement
We may change or modify this Agreement, including Application features, from time to time by informing you of such change when you connect your device to the gateway. You will be notified that a new version of the Application is available and you will be asked if you wish to upgrade to a new version of the Application. If you do not upgrade to the new version of the Application, please follow the instructions provided to terminate your participation in the Application. If you use the Application after the upgrade in the Application or to this Agreement, you agree to such change and its applicability to you.
1. No Warranties – The Application, Equipment, Computer, and Software: TO THE FULLEST EXTENT ALLOWABLE BY APPLICABLE LAW, ALL MATERIALS, INFORMATION, PRODUCTS, DATA, SOFTWARE, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE APPLICATION ARE PROVIDED “AS IS” AND WITH ALL FAULTS FOR YOUR USE. VISA AND APPLE DISCLAIM ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, AND VISA AND APPLE SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. VISA (INCLUDING ITS SUBSIDIARIES AND ITS LICENSORS) AND APPLE DO NOT WARRANT THAT THE LICENSED APPLICATION WILL BE UNINTERRUPTED, TIMELY, ACCURATE, RELIABLE, UPDATED, CORRECT OR SECURE; THAT THE LICENSED APPLICATION WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SATISFACTION, QUALITY, PERFORMANCE, ACCURACY AND EFFORT CONCERNING THE LICENSED APPLICATION ARE SOLELY AT YOUR OWN RISK. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU.
2. No Warranties – Mobile Offers: VISA SPECIFICALLY DISCLAIMS ANY WARRANTY REGARDING THE VISA SIGNATURE OFFERS, AND GOODS AND SERVICES ADVERTISED IN CONJUNCTION WITH THE SERVICE, AND DISCLAIMS ANY IMPLIED WARRANTY, INCLUDING ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WHETHER EXPRESS OR IMPLIED. YOU AGREE THAT VISA IS NOT RESPONSIBLE FOR THE FAILURE OF ANY PARTICIPATING MERCHANT TO HONOR ANY VISA SIGNATURE OFFER.
3. Limitation of Liability: IN NO EVENT SHALL THE VISA PARTIES, AS DEFINED BELOW, BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE LOSS OR DAMAGE FOR ANY BREACH OF THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF BUSINESS OR GOODWILL, LOSS OF USE EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE OR ANY CLAIM BY ANY THIRD PARTY.
IN ADDITION, NOTWITHSTANDING ANYTHING CONTRARY HEREIN, ALTHOUGH WE WILL TAKE REASONABLE PRECAUTIONS TO PROTECT THE APPLICATION AND AVOID DELETION, CORRUPTION OR UNAUTHORIZED MODIFICATION OR ACCESS OF OR TO THE SERVICE, AND TO PROVIDE THE APPLICATION ERROR-FREE OR UNINTERRUPTED, WE MAKE NO REPRESENTATION AND WARRANTY THAT OUR EFFORTS WILL BE SUCCESSFUL AT ALL TIMES, AND WE SPECIFICALLY DISCLAIM ALL LIABILITY WHATSOEVER WITH RESPECT TO OUR FAILURE TO PROTECT THE APPLICATION OR PROVIDE THE APPLICATION ERROR-FREE OR UNINTERRUPTED.
IN NO EVENT SHALL APPLE INC. (“APPLE”) BE LIABLE FOR ANY DAMAGES WHATSOEVER, DIRECTLY OR INDIRECTLY, ARISING OUT OF OR RELATED TO THE APPLICATION MADE AVAILABLE THROUGH THE APPLE APP STORE, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES RESULTING FROM THE SALE, DISTRIBUTION OR USE OF THE APPLICATION OR THE PERFORMANCE (OR NON-PERFORMANCE) OF THE APPLICATION. APPLE SHALL BE THIRD PARTY BENEFICIARIES OF THIS AGREEMENT WITH RESPECT TO THIS PARAGRAPH.
4. Indemnity: You agree to indemnify and hold harmless Visa, its respective financial institutions, the Issuing Bank, merchant, wireless carrier, and their respective affiliates, advertising and promotion agencies and their service providers and all of their respective officers, directors, employees and agents (collectively, the “Visa Parties”) from any loss, liability, claim, or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Application in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth herein.
5. Exclusions and Limitations: SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
6. Intellectual Property Rights: Visa reserves all patent, copyright, trade secret, trade name, trademark, accompanying media or documentation, and other proprietary rights related to the Application, and you shall not infringe or violate such rights.
7. Dispute Resolution: Any claim between you and Visa arising out of, or connected with this Agreement or the Application shall be resolved exclusively within the federal and state courts residing within San Francisco County, State of California, U.S.A., and you waive any jurisdictional venue or inconvenient forum objections to such courts. Any claim between you and your Issuing Bank shall be handled in accordance with the dispute resolution provisions of the agreement governing your Visa Card account.
8. Legal Compliance: You represent and warrant that (i) You are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) You are not listed on any U.S. Government list of prohibited or restricted parties. You agree that neither the Licensed Application, the accompanying documentation nor any direct product thereof is being or will be shipped, transferred or re-exported, directly or indirectly, into any country prohibited by the United States Export Administration Act and the regulations thereunder or will be used for any purpose prohibited by the Act.
9. Survival: THIS SECTION (I) SHALL SURVIVE TERMINATION OF THIS AGREEMENT.
J. Miscellaneous: Assignment: You may not assign this Agreement without Visa's prior written consent. Entire Agreement: This Agreement represents the entire agreement between you and us, which may only be amended as described in this Agreement. If any part of this Agreement is found invalid, the balance of the Agreement shall remain enforceable. Governing Laws: THIS AGREEMENT IS SUBJECT TO THE LAWS (EXCLUDING CONFLICTS OF LAWS PROVISIONS) OF THE STATE OF CALIFORNIA, U.S.A. Export Control Laws: You acknowledge that the laws and regulations of the United States and other countries may restrict the export and re-export of the Application. You agree that you will not export or re-export the Application in any form or to any recipient whether inside or outside the United States in violation of applicable United States and foreign law. Additional Provisions: The failure to enforce any term of this Agreement on one occasion shall not prevent enforcement on any other occasion or the enforcement of any other term. Headings and captions shall not be considered included for purposes of interpretation or application hereof, but are for convenience only.
K. Contact Us: If you have any questions about the Application, please send an email to VisaSignature@visa.com. If you have any questions about your Visa card or any transaction associated with your Visa card, please contact your Issuing Bank directly.
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