Visa Terms of Service
IMPORTANT NOTICE ABOUT THE VISA SYSTEM AND YOUR VISA CARDS. Your Visa cards are enrolled in the Visa System either: (i) as a standard feature of your Visa card, made available to you and managed by your card issuer (Issuer-enrolled); or (ii) directly through Visa (Visa-enrolled).
- Issuer-enrolled. Where your cards are enrolled in the Visa System as a standard card feature by your card issuer, these Visa Terms of Service ("Terms") DO NOT APPLY to your access to and use of such cards through the Visa System and your acceptance of these Terms does not create any agreement of any kind between you and Visa. Instead, your access and/or use is governed solely by your issuer's terms and conditions. If you nevertheless provide information to Visa to register these Visa cards, Visa will share that information with your Visa card issuer(s) to facilitate their enrolment and management of your cards in the Visa System.
- Visa-enrolled. Where your Visa cards are enrolled in the Visa System through Visa, these Terms DO APPLY and form a legally binding and enforceable agreement between you and Visa governing your access to and use of your Enrolled Cards (as defined in Section 2) and the related services described in these Terms (the "Solution") – please read these Terms carefully. If you are a resident of an Eligible Jurisdiction identified in Section 13, the Eligible Jurisdiction-specific provisions stated in that Section additionally apply to you.
YOU DEMONSTRATE YOUR ACCEPTANCE OF THESE TERMS: (i) by affirmatively accepting them on a Visa or third-party application or website, for example, as part of a merchant checkout flow; (ii) by accessing or using your Enrolled Cards in the Solution; or (iii) to the extent permissible under the applicable law of your Eligible Jurisdiction, in accordance with other acceptance methods prescribed by Visa. You acknowledge and agree that these Terms govern your use of the Solution. These Terms replace all prior terms you may have agreed to in respect of the Solution. These Terms are effective as of the time of your acceptance in accordance with the acceptance methods prescribed above and shall remain effective until they are terminated in accordance with these Terms. Use of the Solution is provided to you free of charge.
1. HOW THE SOLUTION WORKS. Visa stores your Card Details and replaces your payment account number and other sensitive information with unique identifiers (tokens) to help secure and protect them. When you provide your email address or mobile phone number during an online or digital payment experience and complete the required identity verification, Visa transmits your Card Details, usually in the form of a token, to the relevant merchant, digital wallet provider, payment network/scheme, and/or applicable third party to allow them to: (i) display a list of your Enrolled Cards ("Card List") to you; (ii) process your transaction using the Enrolled Card you select; and/or (iii) give you the option to add your Enrolled Cards into their online and digital payment solutions (for example, by storing your card on file with a merchant or adding it to a digital wallet) for future use. "Card Details" means the payment account and other related information such as your name, email address, mobile phone number, and billing and delivery addresses for Enrolled Cards.
Visa cards enrolled in the Visa System by your issuer may appear alongside your Card List. Visa and non-Visa cards enrolled in remote commerce systems based on the EMV® specification operated by non-Visa networks/schemes, digital wallets, or other third parties may also appear alongside your Card List. However, for the avoidance of doubt, these Terms do not apply to such issuer-enrolled cards or cards enrolled in third-party systems.
2. ENROLLED CARDS. Visa may automatically update your Card List at any time. To help keep your Card List and Card Details up-to-date, Visa may also update certain Card Details, such as payment account number and expiry date, when this information becomes available to Visa through the financial institution or, as applicable, the payment institution, that issued your Enrolled Card ("Issuer"). You may modify your Card List through the Portal at any time. "Eligible Cards" means any Visa credit, debit, or reloadable prepaid cards, as well as other cards or payment methods, that Visa deems eligible for the Solution. Not all your Visa cards will be Eligible Cards. Visa may revise the eligibility criteria at any time and may remove cards from eligibility or prevent their enablement as deemed necessary. "Enrolled Cards" means the Eligible Cards enrolled in the Visa System. "Portal" means the website, mobile site, domain, subdomain, and/or web-based platform provided by Visa to offer information and management tools to holders of Enrolled Cards.
3. ELIGIBLE CARDHOLDERS. You may only access or use an Enrolled Card if you are the cardholder or authorised user of the Enrolled Card and a resident of an "Eligible Jurisdiction" specified in the Eligible Jurisdiction List. Access to or use of your Enrolled Cards from any location where it is illegal or otherwise restricted is prohibited.
4. VERIFICATION. When you enrol in or otherwise use the Solution you may be required to provide your valid email address and/or mobile phone number. You agree that Visa or a third party (for example, your checkout provider) may send a one-time passcode (OTP) to your email and/or mobile phone number to verify your identity.
Visa may use information about the devices you use to access your Enrolled Cards to verify your identity and create a trusted link between those devices and your Enrolled Cards. You may also choose to use capabilities on your personal device such as fingerprints, face authentication, and/or your device passcode ("Passkeys") to access, use, or verify your Enrolled Cards. Your use of Passkeys is governed by the terms and conditions and privacy notices of your device manufacturer. Your fingerprints, face authentication data, and/or device passcode do not leave your device. You may choose whether to use Passkeys in connection with your Enrolled Cards, and you may disable such use by unlinking your Enrolled Card or removing your device through the Portal or such other website as made available and communicated to you by Visa. Your use of "Visa Payment Passkeys" in connection with your Enrolled Cards will be made available as part of, and governed by, separate terms and conditions.
If you use Passkeys or choose to be remembered on your device or browser, you are solely responsible for maintaining the security of such devices or browsers. Visa is not responsible to any person for any unauthorised use of the Solution, your Enrolled Cards, your Portal account, your devices, or your browsers.
5. PRIVACY. Visa processes your personal information as necessary to provide the Solution to you (as agreed in these Terms), and for related or not incompatible purposes described in the Visa Global Privacy Notice ("Privacy Notice"). For more information about how Visa and its affiliates collect, protect and share your personal information when you use the Solution, and any data privacy choices you may have, please read the Privacy Notice. Where consent is required for the cross-border transfer of personal information under applicable data protection laws, your consent to these Terms will be deemed to include your consent for the cross-border transfer of your personal information, to the fullest extent permitted under the applicable law of your Eligible Jurisdiction. The Privacy Notice may be updated from time to time.
If you enrol your Eligible Cards in the Solution during checkout with some merchants, Visa may use Google's Maps product to help you select your address. To the extent that Google processes your personal information, it does this in accordance with its Google terms of service and Google privacy policy.
If you use other services operated by your Issuer, merchant, digital wallet provider, payment network/scheme, and/or applicable third party (including where those services are available using the Visa System), separate privacy notices may apply. Visa may share your personal information with any such third-party services used in connection with the Visa System.
You are responsible for ensuring the personal information associated with your use of the Solution remains adequate and up-to-date. You may update this personal information directly using the Portal.
6. TRANSACTIONS MADE USING THE SOLUTION. Visa is not a bank or a card issuer. Payment for your bank account or bank card is solely between you and your Issuer. Visa is not a party to the transactions made using the Solution. If you have a dispute with a merchant or your Issuer about a transaction made using the Solution, including the purchase, return, or non-receipt of goods or services, you are solely responsible for settling the dispute with the merchant or your Issuer. Visa is not responsible for any such transactions or any actions or inactions of merchants, Issuers, other payment networks/schemes, or third parties that may facilitate your checkout experience. When you add cards to a third-party service (like a merchant's website or digital wallet), your use of that service, including use of the credentials enrolled in that service, is governed by that third party's terms and conditions, not these Terms.
7. CARDHOLDER AGREEMENTS. These Terms do not amend or otherwise modify any agreement you have with your Issuer in respect of an Enrolled Card ("Cardholder Agreement"). You are solely responsible for complying with your Cardholder Agreement. For questions regarding your Cardholder Agreement, please contact your Issuer.
8. PROPRIETARY RIGHTS. All content, features, and functionality provided by Visa under these Terms, including but not limited to text, graphics, logos, images, audio clips, video clips, data compilations, software, and any other materials (collectively referred to as "Content"), are the property of Visa, its affiliates, and their licensors. No licences, rights, title or interest in or to the Content is/are granted to you. If you submit suggestions or other feedback about the Solution or other Visa products or services, we may use your suggestions or feedback without obligation to you. The "Click to Pay icon" () is a trademark owned by and used with permission of EMVCo, LLC.
9. WARRANTIES AND LIABILITY. The Solution is provided "AS IS" and "AS AVAILABLE" without any express or implied warranties of any kind, including warranties of title, implied warranties of merchantability, or fitness for a particular purpose. Visa is not liable for any damages arising from your use of the Solution, including but not limited to transaction failures, disputes with merchants, errors, outages, or unauthorised access. The Solution may not be free of interruptions. Visa's cumulative liability to you under these Terms is limited to the lesser of: (i) your actual loss; and (ii) 100 USD (or equivalent in the currency of your Eligible Jurisdiction). Nothing in these Terms excludes or limits liability for death, personal injury, fraud, or any other matter that cannot be legally limited or excluded. The law of your Eligible Jurisdiction may not allow the limitation or exclusion of liability described in this Section, so they may not apply to you. In such instances, Visa's liability will be limited to the fullest extent permitted by the applicable law of your Eligible Jurisdiction.
10. TERMINATION, SUSPENSION AND DISCONTINUANCE OF THE SOLUTION AND THESE TERMS.
10.1. You may unenrol individual Enrolled Cards from the Solution at any time through the Portal. You may terminate these Terms by unenrolling all of your Enrolled Cards through the Portal – this will end your participation in the Solution.
10.2. Visa may terminate, suspend, or discontinue all or part of the Solution, and these Terms, with or without notice to you, in the following circumstances:
- where, due to reasons beyond Visa's control, Visa is unable to provide the Solution, or parts thereof;
- to comply with the applicable law of your Eligible Jurisdiction;
- to comply with an instruction from a competent authority or court;
- where it is no longer economically viable for Visa to offer the Solution, or parts thereof;
- where Visa decides to cease providing the Solution in your Eligible Jurisdiction;
- in order to streamline your use of the Solution as provided by your Issuer or another Visa partner;
- where you breach these Terms;
- where Visa suspects fraud or illegal, unauthorised, or improper conduct; and
- as a result of sanctions screening.
10.3. Visa may terminate, suspend, or discontinue all or part of the Solution, and these Terms, in circumstances not listed in Section 10.2 above, provided that it gives you the requisite notice if required by the applicable law of your Eligible Jurisdiction.
10.4. Any provision of these Terms that, by their nature, is intended to survive termination shall remain in effect following the termination of these Terms, including, without limitation, Section 12.
10.5. If the applicable law of your Eligible Jurisdiction provides you with additional or stricter rights regarding termination, suspension, or discontinuance of the Solution or these Terms, those rights will apply and will supersede the provisions of this Section to the extent required under the applicable law of your Eligible Jurisdiction.
11. MODIFICATION OF THE SOLUTION AND THESE TERMS.
11.1. To the extent permissible under the applicable law of your Eligible Jurisdiction, Visa may change, improve or modify all or part of the Solution, and these Terms, with or without notice to you, in the following circumstances:
- where, due to reasons beyond Visa's control, Visa is unable to provide the Solution, or parts thereof, rendering a change, improvement or modification necessary;
- to comply with a change in the applicable law of your Eligible Jurisdiction;
- to comply with an instruction from a competent authority or court;
- where the change, improvement, or modification benefits you (e.g., by adding or enhancing technical functionality, security, resilience, performance, and/or user flow; fixing bugs or other issues; and the removal of features which no longer add value to you); and
- where it is no longer economically viable for Visa to offer the Solution, or parts thereof.
11.2. Visa may change, improve, or modify all or part of the Solution, and these Terms, in circumstances not listed in Section 11.1 above, provided that it gives you the requisite notice if required by the applicable law of your Eligible Jurisdiction.
11.3. Your continued access or use of your Enrolled Cards or the Solution after any such changes, improvements, or modifications take effect will constitute your acceptance of those changes, improvements, or modifications.
11.4. If you disagree with any change, improvement, or modification, you are reminded that you may terminate these Terms by at any time unenrolling all of your Enrolled Cards through the Portal – this will end your participation in the Solution.
11.5. You can identify the most recent version of these Terms by checking the "Last Updated" date at the end of these Terms.
11.6. If the applicable law of your Eligible Jurisdiction provides you with additional or stricter rights regarding the changing, improvement, or modification of the Solution or these Terms, those rights will apply and will supersede the provisions of this Section to the extent required under the applicable law of your Eligible Jurisdiction.
12. GENERAL.
12.1. Visa Contracting Entity; Governing Law; Dispute Resolution. The table below establishes the Visa Contracting Entity, Visa Region, governing law, and dispute resolution terms which apply to you under these Terms. For more information on which "Visa Region" your Eligible Jurisdiction is in, see the Eligible Jurisdiction List. "Visa Contracting Entity" means the entity that entered into these Terms with you. References to "Visa" means your Visa Contracting Entity. These Terms do not create any agreement between you and any affiliate of your Visa Contracting Entity. To the fullest extent permitted by the applicable law of your Eligible Jurisdiction, each affiliate of your Visa Contracting Entity is an intended third-party beneficiary of these Terms.
12.2. Indemnity. To the extent permitted under the applicable law of your Eligible Jurisdiction, you agree to indemnify and hold harmless Visa and its affiliates from any loss, liability, claim, or demand, damages, fines and costs, due to, in connection with or arising out of your breach of these Terms. This Section 12.2 does not apply to you if you are a resident of Andorra, Austria, Bulgaria, Croatia, Cyprus, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Ireland, Italy, Latvia, Luxembourg, Malta, Norway, Poland, Portugal, Romania, Slovenia, or Sweden.
12.3. Notices. You agree that Visa may provide you with notices, disclosures, and other communications in connection with the Solution, Visa System, or these Terms by text message (SMS), email, posting on the Portal, or other forms of electronic communications, and that these electronic communications constitute communications "in writing". Unless otherwise required by the applicable law of your Eligible Jurisdiction, electronic communications are considered to be received on the date they are sent, and no paper or hard copies will be provided. You are responsible for any message or data rates that may apply.
12.4. Assignment, Novation, and Transfer.
- To the extent permitted under the applicable law of your Eligible Jurisdiction, you may not assign, novate, or otherwise transfer your rights and/or obligations under these Terms, by operation of law or otherwise, without Visa's prior written consent.
- To the extent permitted under the applicable law of your Eligible Jurisdiction, you agree that Visa may assign, novate, and/or otherwise transfer its rights and/or obligations under these Terms to any Visa affiliate or any third party without further notice to or consent from you. However, if the applicable law of your Eligible Jurisdiction requires it, Visa shall provide the requisite notice and/or obtain your consent.
12.5. Translations and Prevailing Language. Where any translation of these Terms is made available to you in any language other than English, the prevailing language of these Terms is English and any dispute arising from these Terms will be settled to the extent permitted by the applicable law of your Eligible Jurisdiction based on the English version of these Terms. This Section shall not apply if you are a resident of the "Europe Region", as described in the Eligible Jurisdiction List.
12.6. Entire Agreement and Severability. These Terms constitute the entire agreement between Visa and you with respect to the Solution. Visa's failure or delay to exercise or enforce any provision or right contained in these Terms shall not be deemed a waiver of such provision or right. You and Visa agree that if any provision of these Terms is deemed unlawful, void (including by virtue of law) or for any reason unenforceable by a court of competent jurisdiction, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
12.7. Frequently Asked Questions. If you have any questions about the Solution or these Terms, please visit our Frequently Asked Questions ("FAQs") accessible through the Portal. If the FAQs do not address your question, you can contact Visa via email or telephone through the links provided in the FAQs or the Eligible Jurisdiction List.
12.8. Complaints Procedure.
- You have the right to file a complaint with Visa regarding these Terms and the Solution. Visa will handle the complaint confidentially. Visa will promptly confirm the receipt of your complaint and will, within thirty (30) days of receiving the complaint (unless a shorter period is required the applicable law of your Eligible Jurisdiction), clearly state what action was taken to address the complaint.
- Residents of certain Eligible Jurisdictions may find additional information regarding complaint procedures specific to their Eligible Jurisdiction in the Eligible Jurisdiction List.
12.9. Nothing in these Terms excludes or limits any mandatory statutory rights you are entitled to as a consumer under the applicable law of your Eligible Jurisdiction. These Terms do not attempt to undermine or override these rights.
13. Eligible Jurisdiction-specific Terms. The following terms apply only to residents of the Eligible Jurisdiction specified. Where a provision below corresponds to and repeats a numbered Section in these Terms, the Eligible Jurisdiction‑specific version shall replace the corresponding Section above.
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- The Solution is available for an indefinite period of time until it is terminated by you or Visa and it can be terminated at any time in accordance with Section 10 (Termination, Suspension and Discontinuance of the Solution and these Terms), which includes your withdrawal rights under applicable law.
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- Consumer protection regulations provide that legal entities that market, sell, or provide services to consumers or users within the City of Buenos Aires and have an internet page, should include a link to the "Dirección General de Defensa y Protección al Consumidor". Please contact the "Dirección General de Defensa y Protección al Consumidor" for questions and complaints.
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(a) Where revising eligibility as stated in Section 2 (Enrolled Cards), Visa will follow the process in Section 11.1 or Section 11.2 (Modification of the Solution and these Terms).
(b) The following sections shall be deleted in their entirety without replacement: Sections 10.5 (Termination, Suspension, and Discontinuance of the Solution and these Terms) and 11.6 (Modification of the Solution and these Terms) and 12.2 (Indemnity).
(c) The dispute resolution section of the Asia-Pacific Region section of the table in Section 12.1 (Visa Contracting Entity; Governing Law; Dispute Resolution) of the Terms shall be deleted in its entirety and replaced with the following:
“All disputes arising out of or in connection with these Terms may be referred to and resolved by arbitration administered by the International Chamber of Commerce (“ICC”) in accordance with the Rules of Arbitration of the ICC for the time being in force, which rules are hereby incorporated by reference. The seat, or legal place, of arbitration shall be Sydney, New South Wales, Australia. The arbitration shall be conducted in English by one (1) arbitrator appointed in accordance with the Rules of Arbitration of the ICC. The foregoing, however, shall not preclude the parties from applying for any other remedies available under applicable laws for any purpose.”
(d) The following provisions shall apply to you instead of the respectively numbered Section above, and in the event of a conflict, this provision shall prevail:
9. WARRANTIES AND LIABILITY. Visa will supply the Solution in conformity with these Terms and with reasonable care and skill. We do not guarantee that the Solution system is virus-free or that access to the Solution will be free from interruptions. You may terminate your use of the Solution at any time, including if you are not happy with the availability or performance of the Solution, by unenrolling all of your Enrolled Cards through the Portal – this will end your participation in the Solution. To the fullest extent permitted under applicable law, you expressly acknowledge and agree that you assume sole responsibility and risk for your use of the Solution. Visa’s cumulative liability to you arising from any cause of action will at all times be limited to the lesser of your actual loss or $100 (one hundred Australian Dollars). Nothing in these Terms excludes or limits liability for death, personal injury, fraud, or any other matter that cannot be legally limited or excluded.
10.1. You may unenrol individual Enrolled Cards from the Solution at any time through the Portal. You may terminate these Terms at any time, including if you are not happy with changes we make to these Terms, by unenrolling all of your Enrolled Cards through the Portal – this will end your participation in the Solution.
10.3. Visa may terminate, suspend, or discontinue all or part of the Solution, and these Terms, in circumstances not listed in Section 10.2 above, provided that it gives you a minimum thirty (30) days’ written notice unless it is due to your breach of these Terms or a circumstance that endangers the safety, security and interoperability of the Solution or Visa systems for you or other users (in which case no notice shall be required).
11.1. Visa may change, improve or modify all or part of the Solution, and these Terms, with or without notice to you, in the following circumstances:
- where, due to reasons beyond Visa's control, Visa is unable to provide the Solution, or parts thereof, rendering a change, improvement or modification necessary;
- to comply with a change in the applicable law of your Eligible Jurisdiction;
- to comply with an instruction from a competent authority or court;
- where the change, improvement, or modification benefits you (e.g., by adding or enhancing technical functionality, security, resilience, performance, and/or user flow; fixing bugs or other issues; and
- where it is no longer economically viable for Visa to offer the Solution, or parts thereof.
11.2. Visa may change, improve, or modify all or part of the Solution, and these Terms, in circumstances not listed in Section 11.1, provided that it gives you a minimum thirty (30) days’ written notice unless it is due to a circumstance that endangers the safety, security and interoperability of the Solution or Visa systems for you or other users (in which case no notice shall be required).
12.6. Entire Agreement and Severability. These Terms constitute the entire agreement between Visa and you with respect to the Solution. Each party’s failure or delay to exercise or enforce any provision or right contained in these Terms shall not be deemed a waiver of such provision or right. This means that any delay by either party to enforce a right it has under these Terms does not prohibit such party from enforcing that right at a later time. You and Visa agree that if any provision of these Terms is deemed unlawful, void (including by virtue of law) or for any reason unenforceable by a court of competent jurisdiction, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
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(a) Section 9 (Warranties and Liability) shall not apply to you.
(b) The following provision shall apply to you instead of Sections 10.1, 10.2 and 10.3 (Termination, Suspension and Discontinuance of the Solution and these Terms) above, and in the event of a conflict, this provision shall prevail:
10.1 TERMINATION, SUSPENSION AND DISCONTINUANCE OF THE SOLUTION AND THESE TERMS You may terminate and/or withdrawal your complete or partial participation under these Terms at any time by unenrolling your Enrolled Cards through the Portal. Visa may terminate the agreement constituted by these Terms regarding any or all aspects of the Solution by providing you with a minimum of fourteen (14) days' prior written notice via email. Visa may, in its sole discretion, make improvements to any or all aspects of the Solution.
(c) Section 12.4 (Assignment, Novation, and Transfer) shall not apply to you.
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(a) When exercising its right to change, improve or modify all or part of the Solution and/or these Terms, as permitted under Section 11 (Modification of the Solution and these Terms), Visa shall notify you via email of any changes a minimum of one (1) month in advance of such change taking effect. If you do not terminate your use of the Solution before such change takes effect, you will be deemed to have accepted the change as notified. To the fullest extent permitted by applicable law, your continued use of the Solution thereafter indicates your acceptance of the Terms as updated. Your right to terminate your participation in the Solution at any time remains unaffected.
(b) The following provision shall apply to you instead of the respectively numbered Section above, and in the event of a conflict, this provision shall prevail:
12.3. Notices. You agree that Visa may provide you with notices, disclosures and other communications in connection with these Terms by text message (SMS), email, posting on the Portal or other forms of electronic communications and that these electronic communications constitute communications "in writing". All electronic communications from us to you will be deemed received by you in accordance with the provisions of the Bulgarian Electronic Document and Electronic Trust Services Act and other applicable legislation. Unless required by applicable law, no paper (hard) copies will be provided. You are responsible for any message or data rates that may apply.
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- The Parties confirm having requested and agreed that this Agreement and all related documents, including all notices and communications, be drawn up in the English language only. Les parties confirment avoir requis et consenti à ce que cette convention et tous les documents qui s'y rattachent, incluant tous les avis et communications, soient rédigés en langue anglaise seulement.
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- You acknowledge that your Enrolled Cards are available for use by you in only cross-border transactions with merchants outside of Mainland China. Any merchants in Mainland China offering access to or use of your Enrolled Cards are authorised to do so for only non-residents of Mainland China.
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(a) The Solution is provided by Visa Europe Limited, a company registered under number 05139966, with its registered place of business at 1 Sheldon Square, London, W2 6TT.
(b) You may contact us by telephone via customer service support or by email. Where available, we may also provide additional online communication tools (such as contact forms, chat functions or platform messaging), which enable you to retain correspondence on a durable medium, including the date and time of such correspondence.
(c) The following provisions shall apply to you instead of the respectively numbered Sections above, and in the event of a conflict, these provisions shall prevail:
9. WARRANTIES AND LIABILITY.
9.1. The Solution is provided in accordance with applicable Danish law. Nothing in these Terms limits or excludes your mandatory rights as a consumer under Danish law.
9.2. Visa will use reasonable care and skill in providing the Solution. However, the Solution may not be uninterrupted or error-free.
9.3. To the extent permitted by applicable law, Visa is liable for direct losses suffered by you as a result of Visa’s breach of these Terms or failure to exercise reasonable care and skill, provided that such losses were reasonably foreseeable.
9.4. Visa shall not be liable for: (i) losses caused by your own acts or omissions; (ii) losses resulting from third parties not under Visa’s control (including merchants), except where Visa is responsible under applicable law; and (iii) indirect or consequential losses, such as loss of profit or loss of opportunity.
9.5. To the extent permitted by applicable law, Visa’s total aggregate liability under these Terms shall be limited to a reasonable amount reflecting the nature of the Solution and the circumstances of the loss. This limitation does not apply where such limitation is not permitted by law.
12.2. Indemnity. To the extent permitted by applicable law, you agree to indemnify and hold Visa harmless from direct losses suffered by Visa as a result of your material breach of these Terms, provided that such losses were reasonably foreseeable and caused by your negligent or intentional conduct. This indemnity shall not apply to indirect or consequential losses, and shall not include any administrative fines or penalties imposed on Visa by public authorities. Nothing in this clause limits your statutory rights as a consumer.
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- The Solution is available for an indefinite period of time until it is terminated by you or Visa, and it can be terminated at any time in accordance with Section 10 (Termination, Suspension and Discontinuance of the Solution and these Terms), which includes your withdrawal rights under applicable law.
- When exercising its right to change, improve or modify all or part of the Solution and/or these Terms, as permitted under Section 11 (Modification of the Solution and these Terms), Visa shall provide reasonable advance notice by email. If you do not terminate your use of the Solution before such change takes effect, you will be deemed to have accepted the change as notified. To the fullest extent permitted by applicable law, your continued use of the Solution thereafter indicates your acceptance of the Terms as updated. Your right to terminate your participation in the Solution at any time remains unaffected.
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- The Solution is available for an indefinite period of time until it is terminated by you or Visa and it can be terminated at any time in accordance with Section 10 (Termination, Suspension and Discontinuance of the Solution and these Terms), which includes your withdrawal rights under applicable law.
- You may unenrol and terminate these Terms at any time without penalty or charge.
- When exercising its right to change, improve or modify all or part of the Solution and/or these Terms, as permitted under Section 11 (Modification of the Solution and these Terms), if the change will negatively impact your rights or ability to use the Solution, the notice provided will describe the nature of the change, the effective date and your right to terminate these Terms without penalty or cost before the change comes into effect. If you do not terminate your use of the Solution before such change takes effect, you will be deemed to have accepted the change as notified. To the fullest extent permitted by applicable law, your continued use of the Solution thereafter indicates your acceptance of the Terms as updated. Your right to terminate your participation in the Solution at any time remains unaffected.
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(a) Nothing in Section 9 (Warranties and Liability) limits or excludes Visa’s liability to the extent such limitation or exclusion is prohibited by mandatory French law. Any disclaimer, exclusion or limitation of liability, including any liability cap, does not apply in cases of wilful misconduct, fraud or gross negligence by Visa, or where it would deprive Visa’s essential obligations of their substance, or where it would unlawfully reduce a consumer’s right to compensation in the event of Visa’s breach.
(b) Consumers resident in France who enter these Terms have the right to withdraw from these Terms within fourteen (14) calendar days from the date of acceptance, without giving any reason and without incurring any penalty. To exercise this right of withdrawal, you must notify Visa before the end of the fourteen-day period through the Portal.
(c) Sections 10.2.a), 10.2.d), 10.2.e) and 10.2.f) (Termination, Suspension and Discontinuance of the Solution and these Terms) shall not apply to you.
(d) When exercising its rights pursuant to Section 10 (Termination, Suspension and Discontinuance of the Solution and these Terms), in all cases, Visa will inform you of the reasons for termination, suspension or discontinuance, unless prohibited by law or where disclosure would compromise and ongoing investigation.
(e) The following provisions shall apply to you instead of the respectively numbered Section above, and in the event of a conflict, these provisions shall prevail:
10.3. TERMINATION, SUSPENSION AND DISCONTINUANCE OF THE SOLUTION AND THESE TERMS.
Visa may terminate, suspend or discontinue all or part of the Solution, and these Terms, with at least thirty (30) days’ prior notice in the following circumstances:
(a) where, due to reasons beyond Visa’s control, Visa is unable to provide the Solution, or parts thereof;
(b) where it is no longer economically viable for Visa to offer the Solution, or parts thereof;
(c) where Visa decides to cease providing the Solution in your Eligible Jurisdiction; and
(d) in order to streamline your use of the Solution as provided by your Issuer or another Visa partner.
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a) The Solution is available for an indefinite period of time until it is terminated by you or Visa and it can be terminated at any time in accordance with Section 10 (Termination, Suspension and Discontinuance of the Solution and these Terms), which includes your withdrawal rights under applicable law. You may unenrol Enrolled Cards from the Solution at any time through the Portal. You may terminate these terms by unenrolling Enrolled Cards through the Portal – this will end your participation in the Solution.
b) Notwithstanding Section 10.3 (Termination, Suspension and Discontinuance of the Solution and these Terms), Visa may terminate the agreement constituted by these Terms regarding any or all aspects of the Solution by providing you with a minimum of fourteen (14) days’ prior written notice via email.
c) For the avoidance of doubt, the right to extraordinary termination by either party remains unaffected.
d) For the avoidance of doubt, upon termination, you remain liable for all payments and other obligations you have incurred under these Terms.
e) The following provisions shall apply to you instead of the respectively numbered Sections above, and in the event of a conflict, these provisions shall prevail:
9. WARRANTIES AND LIABILITIES. Visa's contractual and statutory liability for damages caused by slight negligence shall, irrespective of its legal ground, be limited as follows: (i) Visa shall be liable up to the amount of the foreseeable damages typical for this type of contract due to a breach of material contractual obligations; and (ii) Visa shall not be liable due to a breach of any non-material contractual obligations and nor for the slightly negligent breach of any other applicable duty of care applicable. The aforesaid limitations of liability shall not apply to any mandatory statutory liability, in particular to liability under the German Product Liability Act (Produkthaftungsgesetz), and to liability for culpably caused personal injuries. In addition, such limitations of liability shall not apply if and to the extent that Visa has assumed a specific guarantee. Sub-Sections (i) and (ii) above shall apply accordingly to Visa's liability for futile expenses. You shall be obliged to take adequate measures to avert and reduce damages.
11.2. MODIFICATION OF THE SOLUTION AND THESE TERMS. Visa may change, improve, or modify all or part of the Solution, and these Terms, in circumstances not listed in Section 11.1 above, provided that it gives you notice at least one (1) month before the change, improvement or modification takes effect.
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- Nothing in Section 9 (Warranties and Liability) limits or excludes Visa’s liability to the extent such limitation or exclusion is prohibited by Greek law. Any disclaimer, exclusion or limitation of liability, including any liability cap, does not apply in cases of wilful misconduct, fraud or gross negligence by Visa, or where it would deprive Visa’s essential obligations of their substance, or where it would unlawfully reduce a consumer’s right to compensation in the event of Visa’s breach.
- The Solution is available for an indefinite period of time until it is terminated by you or Visa and it can be terminated at any time in accordance with Section 10 (Termination, Suspension and Discontinuance of the Solution and these Terms), which includes your withdrawal rights under applicable law. You may unenrol and terminate these Terms at any time without penalty or charge.
- Section 11.1.e) (“Modification of the Solution and these Terms”) shall not apply to you.
- For the avoidance of doubt, your continued use of the Solution after the effective date of any change made pursuant to Section 11 (“Modification of the Solution and these Terms”) will constitute your acceptance of the modified Terms.
- The Solution, which is a digital service, shall be provided in compliance with all requirements of conformity and quality mandated by applicable Greek consumer protection laws.
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- When exercising its right to change, improve or modify all or part of the Solution and/or these Terms, as permitted under Section 11 (Modification of the Solution and these Terms), if the change will negatively impact your rights or ability to use the Solution, Visa will provide you with at least eight (8) days’ notice before the change comes into effect. If you do not terminate your use of the Solution before such change takes effect, you will be deemed to have accepted the change as notified. To the fullest extent permitted by applicable law, your continued use of the Solution thereafter indicates your acceptance of the Terms as updated. Your right to terminate your participation in the Solution at any time remains unaffected.
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- You may choose to use the Solution on any device capable of performing online transactions, provided that the merchant or platform you use supports the Solution.
- You may verify your transactions via Passkeys (such as fingerprint, facial recognition, or device passcode) on your personal device, where your device and software support such technology and Visa has made Passkeys available to you. You may verify your transactions via Passkeys (such as fingerprint, facial recognition, or device passcode) on your personal device, where your device and software support such technology and Visa has made Passkeys available to you.
- Pursuant to Section 11.2 (Modification of the Solution and these Terms), Visa will provide you with at least 30 days’ prior notice before the change takes effect. If you do not accept a notified change, you may terminate these Terms and stop using the Solution before the change’s effective date. Your continued use of the Solution after the change takes effect will constitute your acceptance of the modified Terms.
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(a) The following provisions shall apply to you instead of the respectively numbered Sections above, and in the event of a conflict, these provisions shall prevail:
12.5. Translations and Prevailing Language. The prevailing language of these Terms is English and any dispute arising from these Terms will be settled to the extent permitted by the applicable law based on the English version of these Terms.
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- Pursuant to Section 10.3 (Termination, Suspension and Discontinuance of the Solution and these Terms), Visa may terminate the agreement constituted by these Terms regarding any or all aspects of the Solution by providing you with a minimum of fourteen (14) days’ prior written notice via email.
- Notwithstanding Section 11 (Modification of the Solution and these Terms), Visa may modify or improve the Solution or these Terms without prior notice only when a modification is necessary for one of the reasons listed in Section 11.1 (Modification of the Solution and these Terms). For any other changes, Visa will provide you with at least 30 days’ prior notice before the change takes effect. If you do not accept a notified change, you may terminate these Terms and stop using the Solution before the change’s effective date. Your continued use of the Solution after the change takes effect will constitute your acceptance of the modified Terms.
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(a) Pursuant to Articles 1341 and 1342 of the Italian Civil Code, you hereby expressly approve the following clauses of these Terms: Section 9 (Warranties and Liability); Section 10 (Termination, Suspension and Discontinuance of the Solution and these Terms); Section 11 (Modification of the Solution and these Terms); and Section 12.1 (Visa Contracting Entity; Governing Law; Dispute Resolution).
(b) The following provisions shall apply to you instead of the respectively numbered Sections above, and in the event of a conflict, these provisions shall prevail:
9. WARRANTIES AND LIABILITY. Visa is not liable for any damages arising from your use of the Solution, including but not limited to transaction failures, disputes with merchants, errors, outages, or unauthorised access. The Solution may not be free of interruptions. Visa's cumulative liability to you under these Terms is limited to the lesser of: (i) your actual loss; and (ii) 100 USD (or equivalent in the currency of your Eligible Jurisdiction). Nothing in these Terms excludes or limits liability for death, personal injury, fraud, or any other matter that cannot be legally limited or excluded. The law of your Eligible Jurisdiction may not allow the limitation or exclusion of liability described in this Section, so they may not apply to you. In such instances, Visa's liability will be limited to the fullest extent permitted by the applicable law of your Eligible Jurisdiction.
11.1. MODIFICATION OF THE SOLUTION AND THESE TERMS. To the extent permissible under the applicable law of your Eligible Jurisdiction, Visa may change, improve or modify all or part of the Solution, and these Terms, with or without notice to you, in the following circumstances:
a) where, due to reasons beyond Visa's control, Visa is unable to provide the Solution, or parts thereof, rendering a change, improvement or modification necessary;
b) to comply with a change in the applicable law of your Eligible Jurisdiction;
c) to comply with an instruction from a competent authority or court;
d) where the change, improvement, or modification benefits you (e.g., by adding or enhancing technical functionality, security, resilience, performance, and/or user flow; fixing bugs or other issues; and the removal of features which no longer add value to you); and
e) where the continuation of the Solution becomes objectively impossible or disproportionately burdensome (including economically) due to external and verifiable circumstances beyond Visa’s reasonable control.
11.2. MODIFICATION OF THE SOLUTION AND THESE TERMS. Visa may change, improve, or modify all or part of the Solution, and these Terms, in circumstances not listed in Section 11.1 above, provided the scope of those changes are permissible under applicable law and that it gives you the requisite notice if required by the applicable law of your Eligible Jurisdiction.
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(a) The following provisions shall apply to you instead of the respectively numbered Sections above, and in the event of a conflict, these provisions shall prevail:
5. PRIVACY. Visa processes your personal information as necessary to permit you to enrol, access and/or use Enrolled Cards (as agreed in these Terms), and for related or compatible purposes described in the Japan Addendum ("Privacy Notice"). The Privacy Notice may be updated from time to time.
Your personal information, including Card Details stored or provided through use of the Solution, will be provided to the participating merchant inside and outside of Japan, to the extent necessary for the provision of the Solution and when you use your Enrolled Card at those merchants. At the time you agree to these Terms, it is not possible to specify the country or region to which your personal information may be transferred, as it is not yet determined at which merchants in which country or region you will use your Enrolled Card. Furthermore, at the time you agree to these terms, it is not possible to identify the recipients of your personal data, as it is not yet determined at which merchants you may use your Enrolled Card in the future. Therefore, we are unable to provide information about the security measures taken by those third-party recipients. However, Visa endeavours to ensure the security of your personal information by entering into data protection agreements with merchants.
If you enrol your Eligible Cards in the Solution through the Portal or during checkout with some merchants, Visa may use Google's Maps product to help you select your address. To the extent that Google processes your personal information, it does this in accordance with its Google terms of service and Google privacy policy.
If you use other services operated by your Issuer, merchant, digital wallet provider, payment network/scheme, and/or applicable third party (including where those services are available using the Visa System), separate privacy notices may apply.
You are responsible for ensuring the personal information associated with your use of the Solution remains adequate and up-to-date. You may update your personal information directly using the Portal.
9. WARRANTIES AND LIABILITY. The Solution is provided "AS IS" and "AS AVAILABLE" without any express or implied warranties of any kind, including warranties of title, implied warranties of merchantability, or fitness for a particular purpose. Visa is not liable for any damages arising from your use of the Solution, including but not limited to transaction failures, disputes with merchants, errors, outages, or unauthorised access, except in cases of negligence by Visa or its affiliates. The Solution may not be free of interruptions. Visa's cumulative liability to you under these Terms is limited to the lesser of: (i) your actual loss; and 100 USD (or equivalent in the currency of Eligible Jurisdiction), except in cases of Visa’s wilful misconduct or gross negligence. Nothing in these Terms excludes or limits liability for death, personal injury, fraud, or any other matter that cannot be legally limited or excluded. The law of your Eligible Jurisdiction may not allow the limitation or exclusion of liability described in this Section, so they may not apply to you. In such instances, Visa's liability will be limited to the fullest extent permitted by the applicable law of your Eligible Jurisdiction.
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- The Solution, which is a digital service, shall be provided in compliance with all requirements of conformity and quality mandated by applicable Latvian consumer protection laws.
- Pursuant to Section 10.3 (Termination, Suspension and Discontinuance of the Solution and these Terms), Visa may terminate the agreement constituted by these Terms regarding any or all aspects of the Solution by providing you with a minimum of fourteen (14) days’ prior written notice via email.
- Notwithstanding Section 11 (Modification of the Solution and these Terms), Visa may modify or improve the Solution or these Terms without prior notice only when a modification is necessary for one of the reasons listed in Section 11.1. For any other changes, Visa will provide you with at least 30 days’ prior notice before the change takes effect. If you do not accept a notified change, you may terminate these Terms and stop using the Solution before the change’s effective date. Your continued use of the Solution after the change takes effect will constitute your acceptance of the modified Terms.
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- Notwithstanding Section 11 (Modification of the Solution and these Terms), Visa may modify or improve the Solution or these Terms without prior notice only when a modification is necessary for one of the reasons listed in Section 11.1. For any other changes, Visa will provide you with at least thirty (30) days’ prior notice before the change takes effect. If you do not accept a notified change, you may terminate these Terms and stop using the Solution before the change’s effective date. Your continued use of the Solution after the change takes effect will constitute your acceptance of the modified Terms.
- The Solution is available for an indefinite period of time until it is terminated by you or Visa and it can be terminated at any time in accordance with Section 10 (Termination, Suspension and Discontinuance of the Solution and these Terms), which includes your withdrawal rights under applicable law. You may unenrol and terminate these Terms at any time without penalty or charge.
- You may choose to use the Solution on any device capable of performing online transactions, provided that the merchant or platform you use supports the Solution.
- You may verify your transactions via Passkeys (such as fingerprint, facial recognition, or device passcode) on your personal device, where your device and software support such technology and Visa has made Passkeys available to you.
- The Solution, which is a digital service, shall be provided in compliance with all requirements of conformity and quality mandated by applicable Lithuanian consumer protection laws.
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- The Solution, which is a digital service, shall be provided in compliance with all requirements of conformity and quality mandated by applicable Luxembourg consumer protection laws.
- Pursuant to Section 10.3 (Termination, Suspension and Discontinuance of the Solution and these Terms), Visa may terminate the agreement constituted by these Terms regarding any or all aspects of the Solution by providing you with a minimum of one month’s prior written notice via email.
- Notwithstanding Section 11 (Modification of the Solution and these Terms), Visa may modify or improve the Solution or these Terms without prior notice only when a modification is necessary for one of the reasons listed in Section 11.1. For any other changes, Visa will provide you with at least one month’s prior notice before the change takes effect. If you do not accept a notified change, you may terminate these Terms and stop using the Solution before the change’s effective date. Your continued use of the Solution after the change takes effect will constitute your acceptance of the modified Terms.
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- The Solution is subject to and shall, for the entire period that it is offered to you, comply with the requirements of conformity as set out in Directive (EU) 2019/770 and transposed into Maltese laws through the Digital Content and Digital Services Contracts Regulations.
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(a) Where revising eligibility as stated in Section 2 (Enrolled Cards), Visa will follow the process in Section 11.1 or Section 11.2 (Modification of the Solution and these Terms).
(b) The following sections shall be deleted in their entirety without replacement: Sections 10.5 (Termination, Suspension, and Discontinuance of the Solution and these Terms) and 11.6 (Modification of the Solution and these Terms) and 12.2 (Indemnity).
(c) The dispute resolution section of the Asia-Pacific Region section of the table in Section 12.1 (Visa Contracting Entity; Governing Law; Dispute Resolution) of the Terms shall be deleted in its entirety and replaced with the following:
“All disputes arising out of or in connection with these Terms may be referred to and resolved by arbitration administered by the International Chamber of Commerce (“ICC”) in accordance with the Rules of Arbitration of the ICC for the time being in force, which rules are hereby incorporated by reference. The seat, or legal place, of arbitration shall be Auckland, New Zealand. The arbitration shall be conducted in English by one (1) arbitrator appointed in accordance with the Rules of Arbitration of the ICC. The foregoing, however, shall not preclude the parties from applying for any other remedies available under applicable laws for any purpose.”
(d) The following provisions shall apply to you instead of the respectively numbered Section above, and in the event of a conflict, this provision shall prevail:
9. WARRANTIES AND LIABILITY. Visa will supply the Solution in conformity with these Terms and with reasonable care and skill. We do not guarantee that the Solution system is virus-free or that access to the Solution will be free from interruptions. You may terminate your use of the Solution at any time, including if you are not happy with the availability or performance of the Solution, by unenrolling all of your Enrolled Cards through the Portal – this will end your participation in the Solution. To the fullest extent permitted under applicable law, you expressly acknowledge and agree that you assume sole responsibility and risk for your use of the Solution. Visa’s cumulative liability to you arising from any cause of action will at all times be limited to the lesser of your actual loss or $100 (one hundred New Zealand Dollars). Nothing in these Terms excludes or limits liability for death, personal injury, fraud, or any other matter that cannot be legally limited or excluded.
10.1. You may unenrol individual Enrolled Cards from the Solution at any time through the Portal. You may terminate these Terms at any time, including if you are not happy with changes we make to these Terms, by unenrolling all of your Enrolled Cards through the Portal – this will end your participation in the Solution.
10.3. Visa may terminate, suspend, or discontinue all or part of the Solution, and these Terms, in circumstances not listed in Section 10.2 above, provided that it gives you a minimum thirty (30) days’ written notice unless it is due to your breach of these Terms or a circumstance that endangers the safety, security and interoperability of the Solution or Visa systems for you or other users (in which case no notice shall be required).
11.1. Visa may change, improve or modify all or part of the Solution, and these Terms, with or without notice to you, in the following circumstances:
a) where, due to reasons beyond Visa's control, Visa is unable to provide the Solution, or parts thereof, rendering a change, improvement or modification necessary;
b) to comply with a change in the applicable law of your Eligible Jurisdiction;
c) to comply with an instruction from a competent authority or court;
d) where the change, improvement, or modification benefits you (e.g., by adding or enhancing technical functionality, security, resilience, performance, and/or user flow; fixing bugs or other issues; and
e) where it is no longer economically viable for Visa to offer the Solution, or parts thereof.
11.2. Visa may change, improve, or modify all or part of the Solution, and these Terms, in circumstances not listed in Section 11.1, provided that it gives you a minimum thirty (30) days’ written notice unless it is due to a circumstance that endangers the safety, security and interoperability of the Solution or Visa systems for you or other users (in which case no notice shall be required).
12.6. Entire Agreement and Severability. These Terms constitute the entire agreement between Visa and you with respect to the Solution. Each party’s failure or delay to exercise or enforce any provision or right contained in these Terms shall not be deemed a waiver of such provision or right. This means that any delay by either party to enforce a right it has under these Terms does not prohibit such party from enforcing that right at a later time. You and Visa agree that if any provision of these Terms is deemed unlawful, void (including by virtue of law) or for any reason unenforceable by a court of competent jurisdiction, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
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- Nothing in Section 9 (Warranties and Liability) limits or excludes Visa’s liability to the extent such limitation or exclusion is prohibited by Norwegian law. Any disclaimer, exclusion or limitation of liability, including any liability cap, does not apply in cases of wilful misconduct, fraud or gross negligence by Visa, or where it would deprive Visa’s essential obligations of their substance, or where it would unlawfully reduce a consumer’s right to compensation in the event of Visa’s breach.
- The Solution is available for an indefinite period of time until it is terminated by you or Visa and it can be terminated at any time in accordance with Section 10 (Termination, Suspension and Discontinuance of the Solution and these Terms), which includes your withdrawal rights under applicable law. You may unenrol and terminate these Terms at any time without penalty or charge.
- Pursuant to Section 10.3 (“Termination, Suspension and Discontinuance of the Solution and these Terms”), Visa may terminate the agreement constituted by these Terms regarding any or all aspects of the Solution by providing you with a minimum of one month’s prior written notice via email.
- Section 11.1.e) (Modification of the Solution and these Terms) shall not apply to you.
- You acknowledge and explicitly agree that, since the Solution is provided to you free of charge, it may not always be available without interruptions or errors. Occasional downtime or minor technical issues may occur. Visa will ensure the Solution meets the quality and performance requirements under Norwegian law, but the absence of minor interruptions or errors cannot be guaranteed. Such minor, transient interruptions shall not be deemed a lack of conformity of the Solution with these Terms, to the extent you have been made specifically aware of and expressly accepted the potential for such interruptions as set out herein. This does not affect your right to legal remedies if the Solution fails to perform in accordance with these Terms or Norwegian law.
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(a) Nothing in these Terms shall exclude or limit Visa’s liability for losses or damages caused by Visa’s wilful misconduct or gross negligence, or to the extent such exclusion or limitation is not permitted under Dutch law.
(b) Where Visa intends to change, improve or modify all or part of the Solution or these Terms for any reason not listed in Section 11.1 (Modification of the Solution and these Terms), Visa will provide you with at least thirty (30) days’ prior notice of the proposed change (e.g. via email). If you do not accept the changes, you have the right to terminate these Terms by unenrolling all of your Enrolled Cards before the change takes effect. Your continued use of the Solution after the effective date of the changes shall constitute your acceptance thereof.
(c) The following provisions shall apply to you instead of the respectively numbered Sections above, and in the event of a conflict, these provisions shall prevail:
12.2. Indemnity. To the extent permitted under the law of the Netherlands, you agree to indemnify and hold harmless Visa and its affiliates from any loss, liability, claim, demand, damages, fines, or costs, but only to the extent the foregoing arise due to, in connection with, or out of your culpable breach of these Terms.
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(a) Notwithstanding the remainder of the ‘Preamble’, the following provisions are amended to read as follows and shall apply to you instead of the respective provisions above, and in the event of a conflict, the following provisions shall prevail:
“Visa-enrolled. Where your Visa cards are enrolled in the Visa System through Visa, these Terms DO APPLY and form a legally binding and enforceable agreement between you and Visa – please read them carefully. For the avoidance of doubt, if your card issuer subsequently enables the Solution as a standard card feature and you enrol into that Issuer-enrolled Solution it means that the Visa-enrolled Solution is no longer relevant, and Visa will no longer be providing the Solution in relation to the relevant Enrolled Cards any more. In such case, Visa will notify you thereof and either: (i) ask for your consent for the assignment of these Terms to the relevant issuer to the relevant issuer under clause (12.4) below; or (ii) terminate these Terms in accordance with Section 10 below by giving you at least thirty (30) days’ notice. If you are a resident of an Eligible Jurisdiction identified in Section 13, the jurisdiction-specific provisions stated in that Section additionally apply to you.”
“YOU DEMONSTRATE YOUR ACCEPTANCE OF THESE TERMS: by affirmatively accepting them on a Visa or third-party application or website, for example, as part of a merchant checkout flow. By accepting these Terms as described in the preceding sentence, you acknowledge that you understand and agree to all of these Terms. You acknowledge and agree that these Terms govern your access to or use of your Eligible Card(s) in connection with the Solution. These Terms are effective as of the time of your acceptance of these Terms in accordance with the acceptance method prescribed by Visa until such access and/or use is terminated in accordance with Section 10 of these Terms. Your Enrolled Cards are enabled for the Solution free of charge. Capitalised words used in these Terms are defined in these Terms.”
(b) The following provisions shall apply to you instead of the respectively numbered Sections above, and in the event of a conflict, these provisions shall prevail:
1. HOW THE SOLUTION WORKS. You agree to the following process taking place: for Enrolled Cards, Visa stores your Card Details and replaces your payment account number and other sensitive information with unique identifiers (tokens) to help secure and protect them. Your Card Details (usually in the form of a token) are transmitted to merchants, digital wallets, payment networks/schemes, and/or applicable third parties to allow them to display your list of Enrolled Cards to you ("Card List") and process your transaction on an Enrolled Card you select. You understand that your transaction will be paid for using the Enrolled Card that you have selected. You understand that Visa may perform certain validation checks on your Card Details when providing the Solution. "Card Details" means the payment account and other related information such as your name, email address, mobile phone number, and billing and delivery addresses for Enrolled Cards. You understand that the Card Details stored or provided through use of the Solution contains personal financial information, and that Visa is not responsible for the accuracy of Card Details or the other information you provide, including whether Card Details are current and up-to-date.
2. ENROLLED CARDS. Visa may automatically update your Card List at any time. To help keep your Card List and Card Details up-to-date, Visa may also update certain Card Details, such as payment account number and expiry date, when this information becomes available to Visa through the financial institution, or as applicable, payment institution, that issued your Enrolled Card ("Issuer"). You may modify your Card List through the Portal at any time. "Eligible Cards" means any Visa credit, debit, and reloadable prepaid cards, as well as other cards or payment methods, that Visa deems eligible for the Solution. Not all your Visa cards will be Eligible Cards. “Enrolled Cards” means the Eligible Cards enrolled in the Visa System. "Portal" means the website, mobile site, domain, subdomain, and/or web-based platform provided by Visa to offer information and management tools to holders of Enrolled Cards.
4. VERIFICATION. When you enrol in or otherwise use the Solution, you may be required to provide your valid email address and/or mobile phone number. You agree Visa may send a one-time passcode (OTP) to your email and/or mobile phone number to verify your identity and that the Portal account, device and/or browser being used to access and/or use your Enrolled Cards with the Solution belongs to you.
Visa may use information about the devices you use to access your Enrolled Cards in connection with the Solution to verify you and create a trusted link between those devices and your Enrolled Cards. You may also choose to use capabilities on your personal device such as fingerprints, face authentication and/or your device passcode ("Passkeys") to access or use your Enrolled Cards in connection with the Solution. Your use of Passkeys is governed by the terms and conditions and privacy notices of your device manufacturer. Your fingerprints, face authentication data and/or device passcode do not leave your device. You may choose whether to use Passkeys in connection with your Enrolled Cards and the Solution, and you may disable such use by unlinking your Enrolled Card or removing your device through the Portal or such other website as made available and communicated by Visa. Your use of Visa Payment Passkeys in connection with your Enrolled Cards and the Solution will be made available as part of, and governed by separate Visa Payment Passkeys terms and conditions.
If you use Passkeys or choose to be remembered on your device or browser, you are solely responsible for maintaining the security of such devices or browsers, except in instances where Visa is responsible pursuant to the Civil Code. Except where Visa is responsible pursuant to the Civil Code, Visa is not responsible to any person for any unauthorised use of your Enrolled Card, the Solution, Portal account, devices or browsers.
6. TRANSACTIONS MADE USING THE SOLUTION. Visa is not a bank or a card issuer. Payment for your bank account or bank card is solely between you and the Issuer. Except where Visa is responsible pursuant to the Civil Code, Visa does not endorse or sponsor and is not responsible for: (i) the goods or services purchased or transactions made in connection with the Solution; (ii) honouring or fulfilling goods or services purchased or transactions made using the Solution; or (iii) the merchants whose goods or services may be purchased or with whom a transaction is made using the Solution. Visa is not a party to the transactions made using the Solution. Unless in circumstances where Visa is responsible pursuant to the Civil Code, if you have a dispute with a merchant or your Issuer about a transaction made using the Solution, including the purchase, return or non-receipt of goods or services, you are solely responsible for settling the dispute with the merchant or your Issuer. Unless caused by circumstances for which Visa is responsible pursuant to the Civil Code, Visa is not responsible for any such transactions or any actions or inactions of merchants, Issuers, other payment networks/schemes, or third parties that may facilitate your checkout experience. Visa may resolve issues connected with your use and/or the functioning of the Solution, but not with transactions between you and a merchant or applicable third party.
9. WARRANTIES AND LIABILITY. Visa shall be liable for non-performance or improper performance of these Terms, unless the non-performance or improper performance is a consequence of circumstances for which Visa is not responsible pursuant to Article 471 of the Civil Code. This applies to: (i) your use of or inability to use the Solution for any reason, including refusal by your Issuer to authorise, or a merchant to accept, a transaction; (ii) any goods, services or information purchased or received in connection with the Solution, including your failure to receive or inability to return such goods, services or information; (iii) disputes between you and a merchant; (iv) any inaccuracy, incompleteness or misinformation contained in any information provided by your Issuer or any other third parties through the Solution; (v) unauthorised access to, or alteration or loss of, your transmissions, data or other information that is collected, stored or sent in connection with the Solution; (vi) the Solution errors or outages; or (vii) any other use by you of the Solution. In addition, Visa shall not be liable for any failure to perform any obligations contained in these Terms due to a force majeure event. Subject to the remainder of this Section or application of the Civil Code, Visa's services under these Terms are provided "AS IS" and "AS AVAILABLE" without any express or implied warranties of any kind, including warranties of title, implied warranties of merchantability, or fitness for a particular purpose. Nothing in these Terms excludes the Visa's liability for any events for which Visa is liable in accordance with the Civil Code.
10.2. TERMINATION, SUSPENSION AND DISCONTINUANCE OF THE SOLUTION AND THESE TERMS. Visa may, in the following circumstances, terminate, discontinue and/or suspend any or all aspects of the Solution and/or these Terms by providing you with a minimum of 30 days’ notice, citing the reason thereof:
(i) where Visa decides to cease providing the Solution in Poland;
(ii) in the case of unauthorised use or disclosure of your authentication details and/or Enrolled Card in the Solution;
(iii) due to reasons beyond Visa’s control that make Visa unable to provide the Solution.
11.1. MODIFICATION OF THE SOLUTION AND THESE TERMS. Subject to Section 11.2 below, Visa may, in the following circumstances, amend these Terms and/or the Solution by providing you with a minimum of 30 days’ notice, citing the reason therefor:
(a) a change in applicable law which results in an obligation to change these Terms or the Solution;
(b) a public authority, court or other institution imposes obligations on Visa which have a direct impact on the content of these Terms (this circumstance cannot be applied to changes which would impose a change to these Terms which would be unfair for consumers in Poland under Article 385(1) §1 of the Act of 23 April 1964 and/or the Civil Code);
(c) to introduce new, additional functionality to the Solution;
(d) to make technical enhancements to the functioning of the Solution; and/or
(e) to introduce security enhancements, including new personal data protections.
11.3. MODIFICATION OF THE SOLUTION AND THESE TERMS. When amending the Terms in accordance with Section 11.1 above, Visa may only add, delete or amend the relevant Section of the Terms in connection with the reason that served as the basis for change, and only to the extent necessary to action the proposed change. If you disagree with any proposed amendment, you may terminate your use of the Solution at any time. Notwithstanding the previous sentence, Visa may amend these Terms or any aspect of the Solution, temporarily or permanently, with your express consent by providing you with a minimum of thirty (30) days' prior notice, such notice shall indicate the scope of the proposed amendment, the date of their implementation, and request that you to agree to them. If you do not agree to such changes and/or modifications, Visa will terminate your use of the Solution.
12.3. NOTICES. You agree that Visa may provide you with notices, disclosures and other communications in connection with these Terms by text message (SMS), email, posting on the Portal or other forms of electronic communications. All information required by law to be provided on a durable medium will be provided as such.
12.8.a). Complaints Procedure. You have the right to file a complaint to Visa regarding the Solution. Visa will promptly, but not later than two (2) days thereafter, confirm receipt of your complaint and, within fourteen (14) days therefrom, respond to your complaint in writing or by email and clearly state what action has been taken to address the complaint.
(c) For the avoidance of doubt, Section 8 (Proprietary Rights) does not relate to consumer complaints.
(d) Notwithstanding Section 10.4 (Termination, Suspension and Discontinuance of the Solution and these Terms) for the avoidance of doubt, upon termination, you remain liable for all payments and other obligations you have incurred under these Terms.
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(a) Pursuant to Section 10.3 (Termination, Suspension and Discontinuance of the Solution and these Terms), Visa should provide you with a minimum of fourteen (14) days’ notice.
(b) When exercising its right to change, improve or modify all or part of the Solution and/or these Terms, as permitted under Section 11 (Modification of the Solution and these Terms), Visa shall notify you via email of any changes a minimum of one (1) month in advance of such change taking effect. If you do not terminate your use of the Solution before such change takes effect, you will be deemed to have accepted the change as notified. To the fullest extent permitted by applicable law, your continued use of the Solution thereafter indicates your acceptance of the Terms as updated. Your right to terminate your participation in the Solution at any time remains unaffected.
(c) The following provisions shall apply to you instead of the respectively numbered Sections above, and in the event of a conflict, these provisions shall prevail:
12.8.a) Complaints Procedure. You have the right to submit a complaint to Visa regarding the Solution or these Terms. Visa will handle your complaint confidentially and will promptly acknowledge receipt of the complaint within two (2) business days, and respond to your compliant within fourteen (14) days (in writing or by email) to inform you clearly of the outcome and any measures taken to address your complaint.
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- Notwithstanding Section 9 (Warranties and Liability), nothing in these Terms shall exclude, restrict, or modify any rights or remedies to which you are entitled under Romanian consumer protection legislation, including Law no. 296/2004 and Government Emergency Ordinance no. 34/2014, which cannot be excluded or limited by contract. Your statutory rights remain fully applicable and take precedence over any contrary provision in these Terms.
- For the avoidance of doubt, Visa shall not be liable for:
- damages arising from your own breach of these Terms, your Cardholder Agreement, or applicable law;
- disputes between you and merchants, Issuers, or third parties, except to the extent such disputes are caused by Visa's fault;
- acts or omissions of third parties, including merchants, Issuers, payment networks, and digital wallet providers, unless Visa is directly responsible for the selection or supervision of such third parties;
- events of force majeure, including natural disasters, wars, cyberattacks by third parties, governmental actions, or other circumstances beyond Visa's reasonable control.
- For the avoidance of doubt, Visa does not exclude or limit liability for any matter that cannot be legally excluded or limited under Romanian law, including liability for fraud, negligence, wilful misconduct, or breaches of mandatory consumer protection requirements. Where Visa is liable, you shall be entitled to recover your actual damages, including both present and future prejudice.
- The Solution is available for an indefinite period of time until it is terminated by you or Visa and it can be terminated at any time in accordance with Section 10 (Termination, Suspension and Discontinuance of the Solution and these Terms), which includes your withdrawal rights under applicable law. You may unenrol individual Enrolled Cards from the Solution at any time through the Portal which will terminate these Terms without penalty or charge.
- For the avoidance of doubt, Visa will use reasonable care and skill in providing the Solution. However, the Solution may not be uninterrupted or error-free.
- Section 11.1.e) shall not apply to you.
- When exercising its right to change, improve or modify all or part of the Solution and/or these Terms as permitted under Section 11.1 (Modification of the Solution and these Terms), Visa shall notify you of the modification as soon as reasonably practicable.
- When exercising its right to change, improve or modify all or part of the Solution and/or these Terms, as permitted under Section 11.2 (Modification of the Solution and these Terms), Visa shall notify you via email of any changes a minimum of sixty (60) days in advance of such change taking effect. If you do not terminate your use of the Solution before such change takes effect, you will be deemed to have accepted the change as notified. To the fullest extent permitted by applicable law, your continued use of the Solution thereafter indicates your acceptance of the Terms as updated. Your right to terminate your participation in the Solution at any time remains unaffected.
- If Romanian law provides you with additional or stricter rights regarding the modification of the Solution or these Terms, those rights shall apply and shall supersede the provisions of this Section to the extent required by law.
- For Notices provided pursuant to Section 12.3 (Notices), Portal notifications are deemed to be received on the date you log in to the Portal following the posting of the notice, or within 7 days of posting, whichever is earlier.
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- The Solution is provided by Visa Europe Limited, a company registered under number 05139966, with its registered place of business at 1 Sheldon Square, London, W2 6TT.
- Consumers resident in Slovakia who enter these Terms have the right to withdraw from these Terms within fourteen (14) calendar days from the date of acceptance, without giving any reason and without incurring any penalty. To exercise this right of withdrawal, you must notify Visa before the end of the fourteen-day period through the Portal.
- You may contact us by telephone via customer service support or by email. Where available, we may also provide additional online communication tools (such as contact forms, chat functions or platform messaging), which enable you to retain correspondence on a durable medium, including the date and time of such correspondence.
- Notwithstanding Section 12.8 (Complaints Procedure), if a dispute arises in connection with the exercise of rights under liability for defects or if there is an alleged violation of other consumer rights, as a consumer you are entitled to request redress from Visa. In case of a negative response to such request or in case of Visa’s failure to respond to such request within thirty (30) days of its dispatch, you are entitled to seek alternative dispute resolution ("ADR") through an ADR entity of your choice. Your right to apply to the general court is not affected.
- In the area of consumer protection, Visa is subject to supervision by the Slovak Trade Inspection (www.soi.sk).
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Notwithstanding Sections 10 (Termination, Suspension and Discontinuance of the Solution and these Terms) and 11 (Modification of the Solution and these Terms), Visa will provide you with reasonable prior notice of any termination, suspension, or significant modification of the Solution, except where immediate termination or suspension without notice is permitted by law.
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Section 11.3 (Modification of the Solution and these Terms) shall not apply to you.
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- The Solution is provided by Visa Europe Limited, a company registered under number 05139966, with its registered place of business at 1 Sheldon Square, London, W2 6TT.
- You may contact us by telephone via customer service support or by email. Where available, we may also provide additional online communication tools (such as contact forms, chat functions or platform messaging), which enable you to retain correspondence on a durable medium, including the date and time of such correspondence.
- Notwithstanding the remainder of Section 9 (Warranties and Liability) the limitation of liability shall in no way, shape or form disregard any rights set forth in mandatory Swedish consumer legislation. This includes, but is not limited to, the Swedish Consumer Sales Act (SFS 2022:260).
- In the event that Visa terminates, suspends or discontinues all or part of the Solution or these Terms pursuant to Section 10 (Termination, Suspension and Discontinuance of the Solution and these Terms), Visa shall provide you with at least fourteen (14) days' prior written notice. Visa’s right to terminate all or parts of the Solution or these Terms due to the circumstances set out in Section 10.2 remains unaffected by this provision, provided that Visa notifies you of such termination without undue delay.
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- Section 11.1.e) (Modification of the Solution and these Terms) shall not apply to you.
- The Solution is available for an indefinite period of time until it is terminated by you or Visa and it can be terminated at any time in accordance with Section 10 (Termination, Suspension and Discontinuance of the Solution and these Terms), which includes your withdrawal rights under applicable law. You may unenrol individual Enrolled Cards from the Solution at any time through the Portal which will terminate these Terms without penalty or charge.
- When exercising its right to change, improve or modify all or part of the Solution and/or these Terms as permitted under Section 11.1 (Modification of the Solution and these Terms), Visa shall notify you of the modification as soon as reasonably practicable.
- Pursuant to Section 11.2 (Modification of the Solution and these Terms), Visa may change all or part of the Solution, and these Terms, in circumstances not listed in Section 11.1, provided that Visa provides you with notice a reasonable time in advance of any change to these Terms and any significant change to the Solution.
- Nothing in these Terms shall exclude or limit any rights or remedies you have as a consumer under applicable law. These Terms do not purport to undermine or override your statutory rights.