IMPORTANT: PLEASE CAREFULLY READ THE FOLLOWING VISA MOBILE TERMS OF SERVICE ("TERMS"). YOU HAVE ACKNOWLEDGED THAT YOU UNDERSTAND AND AGREE TO ALL OF THESE TERMS IF YOU HAVE REGISTERED IN VISA MOBILE, OR ACTIVATED A CARD FOR VISA MOBILE OR CLICKED AN "I ACCEPT" BUTTON. THESE TERMS REPLACE ALL PRIOR TERMS IN RESPECT OF VISA MOBILE.

1. Visa Mobile

1. Visa MobileVisa Mobile is operated by VISA EUROPE MANAGEMENT SERVICES (IRELAND) PRIVATE LIMITED (“Visa”, “we”, “us”, “our”). Contact information for Visa is included under Contact Us below.

As used in these Terms, the term "Visa Mobile" shall mean all of the following: all Visa Mobile features, functionality and services provided by Visa, now available or added in the future, whether branded as ‘Visa Mobile’ or a different name, and whether available through the Visa Mobile website or mobile site as operated as a domain or subdomain ("Website") or through an application or functionality offered by an issuing bank or payment institution, merchant, or other third party (collectively, "Services"); the logos, designs, text, images, videos, graphics, software and other content and materials of Visa or its licensors available through Visa Mobile, and the selection and arrangement thereof (collectively, "Content"); and Visa's hardware, software and networks associated with making Visa Mobile available to you (collectively, the "Visa Mobile System").

Visa Mobile offers you (i) the ability to store payment account and other related information such as e-mail address, mobile phone number and billing address ("Card Details") for your Visa credit and debit cards and any other cards or payment methods that Visa has decided are eligible to be used with Visa Mobile ("Eligible Cards") in an eletronic wallet; and (ii) the ability to use Visa Mobile to authenticate transactions using an Eligible Card stored in your electronic wallet (“Stored Card”) with merchants or other third parties that participate in the Visa Mobile system.

The financial institution or other entity which issued your Stored Card(s) (“Issuer”) may provide additional information about your Stored Card(s), such as the availability of rewards points, installments options, and other Stored Card(s) benefits to you via Visa Mobile. If so, we present this information to you in Visa Mobile as-is, as received from the Issuer of your Stored Card. If you have any questions about this information, please contact your Issuer.  Where applicable, Visa will process your information to determine if you are eligible for these options or benefits, and to display these to you.

When you use Visa Mobile, we will transmit your Card Details to the merchant, or other applicable third party, in order to allow them to process the transaction. Visa may generate a numerical surrogate of your Stored Card payment account number (a token) to be used in order to help protect your Stored Cards. You agree that the merchant or other applicable third party may transmit information about the transaction to the applicable network for your Stored Card and that your transaction will be paid for using the Stored Card you have selected.

You acknowledge that the Card Details stored or provided through use of Visa Mobile are provided by you and contain personal financial information. You may only use Eligible Cards in connection with Visa Mobile if your Issuer regards you as the cardholder or authorized user and your name is shown on the Eligible Card. You acknowledge and agree that you are responsible for the completeness and accuracy of the Card Details and other information you store with Visa Mobile or provide through use of Visa Mobile. You must only use valid email addresses and phone numbers owned or controlled by you. Although Visa may perform certain validation checks for Card Details for Visa Mobile, 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.

Visa Mobile is not a bank or payment account and does not offer any credit to you or a merchant. Any transaction that you make using Visa Mobile will be reflected in the account which relates to the Stored Card you use for the transaction. Payment of that account is solely a matter between you and the Issuer of the Stored Card.

2. Important Notice About Your Transactions

While Visa Mobile helps facilitate transactions, Visa is not a party to any transaction and the payment to or from a merchant in connection with your use of Visa Mobile, including the purchase or return of goods or services, is solely between you and the merchant.

If you require a refund or reversal of any transaction completed using Visa Mobile, you must contact the applicable merchant and/or the Issuer of the Stored Card you used for the transaction.
Please remember that Visa is not a party to the transaction, and thus Visa is not able to resolve any such issues that you may have with the transaction.

If you have a dispute with a merchant about a transaction made in connection with Visa Mobile, you are solely responsible for settling the dispute directly with the merchant or via your Issuer. Due to how Visa Mobile functions, Visa is not a party to the transaction.

3. Service Terms

Visa Mobile is not available to cards and payment methods other than Eligible Cards. Furthermore, Visa may remove Stored Cards from Visa Mobile or prevent Eligible Cards from being activated for Visa Mobile, and Visa may also revise the eligibility of specific or general credit and debit cards and any other cards or payment methods that constitute Eligible Cards, provided that it is justified by reasons of safety, security, legal or regulatory compliance, circumstances connected with Issuers, or if a card or payment method loses the status of Eligible Cards. In such a case, you may continue using Visa Mobile for other Stored Cards or other Eligible Cards.
 

4. Eligibility

Visa Mobile is only available to individuals who are:

(i) residents of one of the following jurisdictions: Poland (the "Eligible Jurisdictions");

(ii) holders of Eligible Cards issued by Issuers licenced to perate in any of the Eligible Jurisdictions;

(iii) the legal age of majority in their jurisdiction, province or territory of residence;

(iv) able to access the Internet on a computer or other device; and

(v) the cardholder or authorized user of one or more Eligible Cards, and in good standing with respect to their Eligible Card accounts.

Access to Visa Mobile from any location where it is illegal or otherwise restricted is prohibited. If your jurisdiction of residence changes, you must promptly un-register from Visa Mobile and re-register with your new jurisdiction of residence if it is an Eligible Jurisdiction. If your new location is not an Eligible Jurisdiction, you can re-register when Visa Mobile becomes available in your new location.
 

5. Registration and Security

If you choose to register for Visa Mobile, you agree to provide us with true, accurate, current and complete information about yourself and any Stored Card and update us if there are changes to the information. You acknowledge and agree that Visa will have no liability associated with or arising from your failure to maintain accurate information with Visa, including your failure to receive important information and updates about Visa Mobile. If Visa has justified grounds to recognise that any information you provided to us is untrue, inaccurate or incomplete, Visa may suspend or terminate your registration in or use of Visa Mobile and refuse any and all current or future use of Visa Mobile (or any portion thereof) by you.

As a part of your registration, you are required to establish a pin code and password, which may be used to authenticate transactions when you use Visa Mobile, as an alternative or in addition to a biometric authentication method, which includes, but is not limited to, fingerprint authentication. You should choose a pin code or password that is unique to Visa Mobile, memorize it and not keep notation of it on or with your personal computer, tablet, mobile device or other device used to access Visa Mobile. You are responsible for protecting the confidentiality of your pin code or password, if any. It is important that you do so since we are not responsible for any losses you incur as a result of unauthorized use of any Stored Card via Visa Mobile and, depending on the circumstances, your Issuer may hold you responsible for unauthorized use of your Stored Card account.

You agree to notify Visa immediately of any unauthorized use of your account, device or Stored Card in Visa Mobile, or if your device(s) with the phone number which you’ve chosen to be used for Visa Mobile, has been lost or stolen or otherwise suffered unauthorized access, or any other actual or potential security breach relating to your use of Visa Mobile. Visa reserves the right to remove any Stored Cards from, or suspend or terminate your use of, Visa Mobile and/or, if you have a pin code or password, require you to change your pin code or password, if Visa has justified grounds to recognise that it is no longer secure.

You are responsible for use of your Stored Cards via Visa Mobile and for ensuring that use of or access to Visa Mobile complies fully with these Terms.
 

6. Cardholder Agreements

These Terms do not amend or otherwise modify any agreement with your Issuer in respect of an Stored Card ("Cardholder Agreement"). In the event of any inconsistency between these Terms and your Cardholder Agreement, these Terms govern as to the relationship between you and Visa solely with respect to Visa Mobile, and your Cardholder Agreement with your Issuer governs the relationship between you and your Issuer. You are responsible for ensuring that your use of Visa Mobile complies with any Cardholder Agreement.
 

7. Charges, Fees and Taxes

Visa Mobile is available to Eligible Card holders free of charge.

You are solely responsible for acquiring and maintaining any hardware, device, software, wireless and Internet access, and other items required for you to use or access Visa Mobile, and any associated fees, expenses or other charges. Message and data rates may apply. You are also solely responsible for any interest, fees, charges or expenses from the Issuer of any Stored Cards you use in connection with Visa Mobile and for any taxes or tax reporting obligations in connection with your use of Visa Mobile.
 

8. Privacy

Visa processes your personal information as necessary to provide Visa Mobile to you (as agreed in these terms of service), and for related purposes described in Visa’s Global Privacy Notice ("Privacy Notice"). For more information about how Visa and its Affiliates collect, protect and share your personal information when you use Visa Mobile, and any data privacy choices you may have, please read the Visa Global Privacy Notice.

When you use Visa Mobile mobile application, we may collect information by automated means, as further described in our Cookie Notice. Where you have opted in, we may use information about your online behaviour in Visa Mobile mobile application and across different apps and websites for the purpose of measuring, optimizing and personalising our marketing campaigns. You have the ability to manage how your data is used for marketing and personalisation purposes through your Visa Mobile mobile application settings.

If you use other services operated by your Issuer, a merchant or any other third party (including where those services are available through Visa Mobile), separate privacy notices may apply.

You are responsible for ensuring the personal information associated with your Visa Mobile account remains adequate and up-to-date.

9. Proprietary Rights

All ownership rights in Visa Mobile, including Content, is retained by Visa, its Affiliates and their licensors, and protected under applicable copyrights, trademarks and other proprietary (including intellectual property) rights and international treaties. All rights not expressly granted to you through these Terms are retained by Visa, its Affiliates and their licensors. Nothing in these Terms grants to you any right to use any of Visa's, its Affiliates' or any other third party's trademarks, service marks, logos or other indicia of origin. An “Affiliate” is an entity that is controlled by, controls or is under common control with Visa.
 

10. Licence Grant

Visa grants to you a limited, revocable, non-exclusive, non-sublicensable and otherwise non-transferable licence to use Visa Mobile in accordance with these Terms for so long as you are registered in Visa Mobile. Visa may suspend, discontinue or terminate this licence provided that it is justified by reasons of safety, security, legal or regulatory compliance, circumstances connected with Issuers, or if a card or payment method loses the status of Eligible Cards . All rights not expressly granted to you are reserved by Visa, its Affiliates or their licensors.
 

11. User Conduct

You agree that you will comply with all applicable laws, rules and regulations and other legal requirements that relate to your use of Visa Mobile. In addition, you agree:

• to use Visa Mobile only as permitted by law;
• not to use Visa Mobile in breach of these Terms;
• not to disrupt or interfere with the security or operation of, or otherwise abuse, Visa Mobile, or any part of Visa Mobile;
• not to attempt to obtain unauthorized access to Visa Mobile or portions of Visa Mobile that are restricted from general access;
• not to use Visa Mobile in any manner that could be deemed false and/or defamatory, abusive, vulgar, hateful, harassing, obscene, profane, threatening, invasive of a person's privacy, or in violation of any third party rights;
• not to reproduce Visa Mobile in any form, or store or incorporate Visa Mobile into any information retrieval system, electronic, mechanical or otherwise;
• not to copy, emulate, clone, rent, lease, sell, commercially exploit, modify, decompile, disassemble, distribute, reverse engineer or transfer Visa Mobile or any portion thereof;
• not to use any device, software or routine to interfere or attempt to interfere with the proper working of Visa Mobile and/or take any action that imposes an unreasonable or disproportionately large burden on the Visa Mobile System, as determined by Visa in its sole discretion; and
• to comply with any other requirements, restrictions or limitations imposed by Visa or by your Issuer from time to time.
   

12. Disclaimer of Warranties and Limitation of Liability

UNLESS CAUSED BY VISA'S FAULT, VISA SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR: (I) YOUR USE OF OR INABILITY TO USE VISA MOBILE FOR ANY REASON, INCLUDING REFUSAL OF YOUR ISSUER TO AUTHORIZE, OR A MERCHANT TO ACCEPT, A TRANSACTION; (II) ANY GOODS, SERVICES OR INFORMATION PURCHASED OR RECEIVED IN CONNECTION WITH VISA MOBILE, INCLUDING YOUR FAILURE TO RECEIVE OR INABILITY TO RETURN SUCH GOODS, SERVICES OR INFORMATION; (III) DISPUTES BETWEEN YOU AND A MERCHANT; (IV) UNAUTHORIZED ACCESS TO, OR ALTERATION OR LOSS OF, YOUR TRANSMISSIONS, DATA OR OTHER INFORMATION THAT IS COLLECTED, STORED OR SENT IN CONNECTION WITH VISA MOBILE; (V) ERRORS, SYSTEM DOWN TIME, NETWORK OR SYSTEM OUTAGES, FILE CORRUPTION OR SERVICE INTERRUPTIONS; OR (VI) ANY OTHER USE BY YOU OF VISA MOBILE. IN ADDITION, VISA SHALL NOT BE LIABLE FOR ANY FAILURE TO PERFORM ANY OBLIGATIONS CONTAINED IN THESE TERMS DUE TOFORCE MAJEURE.

NOTHING IN THESE TERMS EXCLUDES THE VISA PARTIES’ LIABILITY FOR (A) DEATH OR PERSONAL INJURY CAUSED BY ITS NEGLIGENCE, (B) FRAUD OR FRAUDULENT MISREPRESENTATION, OR (C) ANY MATTER FOR WHICH IT WOULD BE ILLEGAL FOR THE VISA PARTIES TO EXCLUDE OR LIMIT OR ATTEMPT TO EXCLUDE OR LIMIT LIABILITY.
 

13. No Endorsements; Disputes with Merchants

Visa does not endorse or sponsor, and is not responsible for: (i) Issuers or operators of payment networks or platforms or other third parties that help facilitate the Visa Mobile system or that you may use in connection with Visa Mobile; (ii) the goods or services purchased or transactions made in connection with Visa Mobile; (iii) honoring or fulfilling goods or services purchased or transactions made in connection with Visa Mobile; and (iv) the merchants whose goods or services may be purchased or with whom a transaction is made in connection with Visa Mobile.
 

14. Third Party Websites, Content and Resources

Visa Mobile may be accessible via third parties that help facilitate the transaction experience, including their websites, domains or applications, and may permit you to link to or access direct connections to such third parties or third party websites, content and resources, including social media. You acknowledge that Visa has no control over, and does not necessarily agree with the views, opinions or contents of any such third parties or their websites, domains, applications, content or resources, which are made available by companies or persons other than Visa. You acknowledge and agree that Visa is not responsible for the availability of any such websites, domains, applications, content or resources. You further acknowledge that Visa is not liable to you for any loss or damage which may be incurred by you as a result of these third parties including third party websites, domains, applications, content or resources, including losses or damages suffered in connection with purchases processed through Visa Mobile.
 

15. Modification of Visa Mobile and these Terms; Termination

Visa may terminate, change, modify, suspend, make improvements to or discontinue any or all aspects of Visa Mobile, temporarily or permanently, including the availability of any portion of Visa Mobile in the following circumstances. We will inform you by email about any of the above within 14 days notice and you will have 14 days to accept changes. If you do not accept changes within given time, the Terms will be terminated and will no longer be valid toward you.
Visa may modify these Terms in the circumstances indicated above. We will inform you by email about any of the above within 14 days notice and you will have 14 days to accept modifications. If you do not accept changes within given time, the Terms will be terminated and will no longer be valid toward you.

You may terminate your use of Visa Mobile at any time, including if you are not happy with changes we make to the Terms. You can un-register from Visa Mobile by following the instructions in the Customer Support section of the Website.

Visa may suspend, discontinue or terminate your access to or use of Visa Mobile at any time, immediately and without prior notice or obligation to you, (i) if you violate any of these Terms. Upon termination, you remain liable for all payments and other obligations you have incurred under these Terms.
 

16. General Terms

a.    Notices.

You agree that Visa may provide you with notices and other disclosures in connection with Visa Mobile by email, postings on the Website or other forms of electronic communications. All electronic communications from us to you are deemed to be communications "in writing". We are not obligated to provide any additional hard copy communications to you related to your use of Visa Mobile.It is your responsibility to ensure that you check your emails regularly for communications from us. You must ensure that emails from us are not blocked on your email account, and also that the email address you have provided to us remains current. In addition, you authorize us to act on any instructions which are provided by you to us electronically.You must have a Visa Mobile account username to access information electronically or to conduct any activity regarding your Visa Mobile account.

b.    Waiver.

Our 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.

c.     Entire Agreement.

These Terms constitute the entire agreement between Visa and you with respect to your use of Visa Mobile.

d.    Severability.

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.

e.     Interpretation.

Headings and captions are for convenience only and shall not be considered included for purposes of interpretation. Words such as "hereof," "herein," and "hereunder" shall mean and refer to all these Terms, rather than any particular part of the same. The term "including" shall mean "including, without limitation". Whenever used herein, the singular shall include the plural, the plural shall include the singular, and the use of any gender shall be applicable to all genders.

f.     Relationship of the Parties.

Nothing in these Terms will be construed as creating a joint venture, partnership, employment or agency relationship between you and Visa, and you do not have any authority to create any obligation or make any representation on Visa's behalf.

g.    Dispute Resolution & Governing Law.

You and Visa agree that (a) any disputes, claims or causes of action arising out of or in connection with these Terms or Visa Mobile will be governed by and construed under the laws of the Eligible Jurisdiction of your residence; and (b) any disputes, claims or causes of action arising out of or in connection with these Terms or Visa Mobile shall be resolved within the competent civil courts residing within such Eligible Jurisdiction. Any mandatory consumer protection law remains applicable.

h.    Assignment.

You may not assign these Terms, by operation of law or otherwise, without Visa's prior written consent. Visa may not assign these Terms, and the rights and obligations hereunder, to any third party without consent from you. Subject to the foregoing, these Terms will be binding on, inure to the benefit of, and be enforceable against you and your respective successors and assigns. You may terminate your use of Visa Mobile at any time, including if you are not happy with our assignment of these Terms. 

i.      Survival.

Despite termination of these Terms, these Terms continue to apply to any use of Visa Mobile by you prior to termination. Any sections of these Terms that by their nature should survive termination shall so survive any termination of these Terms or your use of Visa Mobile, including without limitation, the Dispute Resolution & Governing Law section.

j.     Contact Us.

If you have any questions or concerns about Visa Mobile, please visit the FAQ section of the Website. If the FAQs don't answer your questions or concerns, you can contact us by mail at Visa Europe Management Services Limited (Sp z o.o.); Chmielna 73, 00-801 Warsaw, Poland or [email protected]  

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