These Terms of Use govern the use of Visa Supplier Matching Service, a service that provides access to information on whether a supplier accepts Visa cards (the “Service”). You must be a Registered User to use the Service. A “Registered User” is a user from whom Visa has received the information necessary to permit such person access to the Visa Supplier Matching Service website, its accompanying applications, media, and documentation, and who has agreed to accept these terms of use. By using the Service, you agree to be bound to the terms and conditions (“Terms”) set forth herein.
As used in these Terms, the words “you”, “your” or “Registered User” are synonymous, and refer to the person using the Service in any way.
TERMS OF USE. Visa U.S.A. Inc., Visa International Services Association, Visa Worldwide Pte. Limited, and/or their affiliates (whichever is the licensing entity or entities relevant to you, the entity or entities to be referred to as “Visa”) at its discretion grant(s) you a non -exclusive, non- transferable, royalty-free license to access the Visa Supplier Matching Service website located at https://visasm.otftech.com/SupplierSearch (the “Site”), conditioned on your acceptance of these Terms. The Service is licensed to you by Visa for your use in the fulfillment of your duties/job as: (a) an employee of a financial institution that issues Visa branded credit or debit cards (“Issuer”); or (b) an employee or sole proprietor of a small business that utilizes Visa Business Cards (“Business”). ALL RIGHTS NOT EXPRESSLY GRANTED ARE RESERVED BY VISA OR ITS LICENSORS.
CHANGES TO THE SERVICE. Visa reserves the right to modify, restrict, limit, or change the Service in any way and at any time, which may include amending these Terms at any time by updating the Site without prior notice to you or your employer. Visa also reserves the right at any time to: (a) suspend or cancel the Service; and (b) suspend or cancel any your enrollment in the Program without notice unless required by applicable law, including without limitation where Visa believes you are abusing or wrongfully using the Service.
NO UNLAWFUL OR PROHIBITED USE. You may not use the Service for any purpose that is unlawful, or prohibited by these Terms, or in breach of the Participation Agreement, if applicable, or not aligned with your duties/job as an employee of the Issuer or Business, as applicable. You may not use the Service in any manner that could damage, disable, compromise or interfere with any Visa operated or affiliated website or the network(s) connected to any other Visa service or any other party's use of any Visa service. Unauthorized access to any Visa services, other accounts, computer systems or networks connected to any Visa services, through hacking, password mining or any other unauthorized means is prohibited. Visa may monitor your use of the site without further notice for compliance with these Terms.
ACCESS AND PASSWORDS. Each time you enter your Email (“User Identification”) and Password login information, you authorize Visa to process your request and to retrieve and/or transmit information requested by you. Authorized access to the Service requires your completion of a registration by providing current, complete and accurate information as prompted by the applicable registration (or enrollment) form as well as any other relevant documents thereto. You are required to change the assigned Password for your User Identification. You are the only person authorized to use your account and agree not to permit or allow other persons to have access to or use the same. You are responsible for maintaining the confidentiality of your Password and User Identification. Furthermore, you are entirely responsible for all activities that occur through the use of your Password or User Identification. You agree to notify Visa immediately of any actual or suspected unauthorized use of your Password or any other breach of security. If you forget your Password, follow the directions on the Supplier Matching Service website to reset your Password. Visa will not be liable for any loss that you or your employer may incur as a result of someone else using your User Identification and Password, either with or without your knowledge. However, you and/or your employer can be held liable for losses incurred by Visa or another party due to someone else using your User Identification and Password.
CONFIDENTIALITY. The information derived from or related to the Service is the property of Visa and is for the sole use of authorized users of the Service only in support of Visa branded products and services. A Registered User must not disclose information derived from the Service (other than the data that the Registered User is authorized to access and disclose to its employer on a need to know basis for the purpose of fulfilling the Registered User’s job with the Issuer or Business, as applicable) or any other information associated with the Service, to third parties unless it is authorized by Visa in writing. Visa has taken reasonable measures to protect the security of your information, including the use of firewalls and security measures at its physical facilities. However, Visa does not guarantee the security of data or information collected, transmitted or accessed through the Internet and shall not be liable in any way for a compromise of your (or your employer’s) data or information. Information collected by Visa about a Registered User’s experience with the Service subject to the Visa Global Privacy Notice which can be found at https://visa.com/privacy
TRANSFERABILITY. You may not transfer, distribute, sub-license, assign or grant any rights, in part or in whole, in the Service in any form to any person without the prior written consent of Visa. As a condition to Visa granting consent, among others that Visa may require, any such transferee or licensee must agree to be bound by these Terms. These Terms are binding upon and inure to the benefit of you and your respective successors and assigns.
TERMINATION. Participation in the Service is at the sole discretion of Visa, which may limit participation, impose conditions on its use, and discontinue all or part of the Service at any time. Your license and right to use the Service is effective until terminated. Your access to the Service will terminate immediately without notice from Visa if you fail to comply with any provision of these Terms or if you cease to be employed by the Issuer or Business under whose authorization you had applied to be a Registered User. You may terminate your participation in the Service at any time upon notice to the relevant Visa entity in your jurisdiction.
RESTRICTIONS. Visa reserves all patent, copyright, trade secret, trade name, trademark, accompanying media or documentation, and other proprietary rights related to the Service and you shall not infringe or violate such rights. Except as stated herein, the Service is for your use in accordance with these Terms, and the Participation Agreement, if applicable. 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 or services obtained from or in connection with the Service.
NOT PROFESSIONAL ADVICE. Visa uses reasonable efforts to provide accurate data and/or reports to you through the Service. Such data and/or reports are intended only for informational purposes. Visa cannot guarantee that any such data and/or reports are correct, accurate or complete or that they will be current at all times. Data and/or reports are not intended to provide specific legal, marketing, business, accounting, financial or tax advice for you, and should not be relied upon in that regard. Visa assumes no liability or responsibility for any errors or omissions in the content of the Site. You should independently verify the content of all such data and/or reports prior to making any decisions based on that content. You should not act or rely on such data and/or reports without seeking the advice of a professional.
WARRANTIES. EXCEPT AS MAY BE PROHIBITED OR RESTRICTED BY APPLICABLE LAW, ALL MATERIALS, INFORMATION, PRODUCTS, SOFTWARE, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SERVICE ARE PROVIDED “AS IS” AND WITH ALL FAULTS FOR YOUR USE PURSUANT TO THESE TERMS. VISA DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, AND VISA SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. VISA, ITS SUBSIDIARIES, AND ITS LICENSORS DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, ACCURATE, UPDATED, RELIABLE, CORRECT OR SECURE; THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SATISFACTION, QUALITY, PERFORMANCE, ACCURACY AND EFFORT CONCERNING THE SERVICE IS SOLELY AT YOUR OWN RISK. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY. IN NO EVENT SHALL VISA, INCLUDING ITS VENDORS, OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS (COLLECTIVELY “VISA PARTIES”) BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH OR ARISING OUT OF THESE TERMS OR THE PROVISION OF SERVICE, HOWEVER SUCH DAMAGES ARISE AND/OR WHETHER IN TORT, CONTRACT OR OTHER CLAIM, EVEN IF SUCH PARTY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES.
You and your employer (the Issuer or Business, as applicable), jointly and severally agree to indemnify and hold the Visa Parties harmless from and against all losses, liabilities, damages, and expenses resulting from or arising out of your participation in the Service. By participating in the Service, you and your employer (the Issuer or Business, as applicable), hereby release the Visa Parties from any claim, liability, or damage relating to the Service. Notwithstanding anything in these Terms to the contrary, Visa shall have no liability to any Registered User, Business or Issuer in connection with the Service.
GOVERNMENT USE. If you are a Visa U.S.A. Registered User and are acquiring a license to the Service or accompanying documentation on behalf of the U.S. Government, use of the Service shall be subject to “Restricted Rights,” as defined in the Federal Acquisition Regulations (“FARs”) in Paragraph 52.227-19(c)(2), or its equivalent paragraph in an applicable agency supplement to the FARs. Contractor/Manufacturer is: Visa U.S.A., P.O. Box 8999, San Francisco, California 94128.
GENERAL. These Terms and the Participation Agreement , if applicable, represent the entire agreement between the parties relating to the subject matter hereof. No waiver or modification of these Terms by Registered User shall be valid unless in writing signed by each party. The waiver or a breach of any term hereof shall in no way be construed as a waiver of any other term or breach hereof. These Terms shall be governed by the laws of the state of New York, U.S.A., excluding any “conflicts of laws” or similar rules that would mandate or permit application of the substantive law of any other jurisdiction. Any dispute arising from or in connection with these Terms and/or the Service shall be resolved exclusively in the state and federal courts residing in New York, New York, U.S.A. If any provision of these Terms shall be held by a court of competent jurisdiction to be contrary to law, the remaining provisions shall remain in full force and effect. As you are permitted by Visa to be a Registered User by virtue of your being an authorized employee of the Issuer or Business, as applicable, all of the Terms herein shall also apply to your employer. Visa shall therefore hold both you personally and the Issuer or Business, as applicable, to be jointly and severally liable for the breach of any provisions of the Terms.
Should you have any questions about these Terms, or if you desire to contact Visa for any reason, please notify Visa at the following addresses.