Visa Navigate Terms of Use
Visa International Service Association, including its subsidiaries and affiliates ("Visa"), maintains or arranges for the development and maintenance of Visa Navigate (CEMEA), a microsite portal delivering commercial insights and related content (the "Site"). The information and materials provided through the Site, including any data, text, graphics, images, audio and video clips, logos, icons, software, form documents, and links (collectively, the "Materials"), are intended to educate and inform. Any person who uses or otherwise accesses the Site or the Materials must abide by the following terms of use, as amended from time to time (the "Terms") and must abide by all applicable laws and regulations. By accessing and using the Site you accept and agree to the Terms without limitation or qualification, and acknowledge that any other agreements you may have with Visa (save for Visa Rules as referenced below) are superseded by the Terms, to the extent any conflict exists. If you do not agree with these Terms, please do not use the Site. The Terms may be changed by Visa in the future. It is your responsibility as a user of the Site and Materials to return periodically to this page to review the Terms for amendments. The amended Terms will take effect automatically seven (7) days after posting. Your continued use of the Site or Materials following any amendments will constitute agreement to such amendments. Visa reserves the right, without notice and for any reason, to remove any Material from the Site.
Downloading and Use
Unless otherwise specified on the Site, you may download Materials displayed on the Site for personal, non-commercial use only. You may not distribute, modify, copy, publish, transmit, display, sell, license, use, reuse or create derivative works of any of the contents of or Materials displayed on the Site for any public or commercial purpose without the written consent of Visa or any third party Visa deems necessary. You must retain all copyright and other proprietary notices on downloaded and/or copied Materials and any such downloads or copies are subject to these Terms. Any copy of Material from the Site that you make and distribute for any purpose must also include these Terms. Further, the Materials remain the property of Visa or its licensors or suppliers. Use or downloading of the Materials is conditioned on acceptance of the terms and conditions of any license agreements relating to such Materials, including agreements with third parties. Access to this Site and distribution of the Materials may be prohibited or restricted in certain countries or jurisdictions and it is your responsibility to find out if there are any such restrictions in your jurisdiction and to obey them. You may not upload, post, email, transmit or otherwise make available any material that contains viruses, Trojan horses, worms, time bombs or any other similar software or programs that may interrupt, destroy or damage the operation of another's computer or property. You may not upload, post, email transmit or otherwise make available comments, communications or other data of any kind to or on the Site with the intention that they may be viewed by other users of the Site, except as approved by Visa. You may not falsify or delete author attributions, legal or other notices contained in the Site or the Materials.
Copyrights and Trademarks
You should assume that everything on the Site is copyrighted unless otherwise noted and that it must not be used except as provided in the Terms or with the express written consent of Visa or any third party Visa deems necessary. One or more patents apply to this Site and to the features and services accessible via the Site, including without limitation: US Patent No. 6,091,956 and all corresponding foreign counterparts. Visa neither warrants nor represents that your use of the Materials displayed on the Site will not infringe rights of third parties. Any product, service, programme or technology described on the Site may be the subject of other intellectual property rights (including but not limited to copyright, trademark or patent rights) owned by Visa. Any such right that is not expressly licensed herein is reserved by Visa.
Images of people or places displayed on the Site are either the property of, or used with permission by, Visa. Use of these images by you or other third parties is prohibited unless expressly permitted in these Terms or elsewhere on the Site. Any unauthorised use of these images may violate copyright laws, trademark laws, the laws of privacy and publicity and other applicable regulations and statutes.
The trademarks, logos and service marks, whether registered or unregistered (collectively the "Trademarks") displayed on the Site are Trademarks of Visa and others. The trademarks and copyrights not attributed to Visa are the property of their respective owners. Nothing contained on the Site should be construed as granting by implication, estoppel, or otherwise, any licence or right to use any Trademark displayed on the Site without the written permission of Visa or such third party that may own the Trademark. Misuse of any Trademarks, or any other content, displayed on the Site is prohibited. Visa aggressively enforces its intellectual property rights, including via civil and criminal proceedings.
Submissions
Apart from your personal information (which is addressed in the Visa Privacy Notice where applicable), any communication or material you send to the Site, electronically or otherwise, including but not limited to data, questions, comments, suggestions, or submissions (collectively, "Submissions"), is and will be treated as non-confidential and non-proprietary, unless otherwise stated in the Visa Privacy Notice. By making a Submission to Visa on the Site, you agree to hereby grant to Visa and any party authorized by Visa a non-exclusive, worldwide, perpetual, irrevocable, assignable, and transferable license to reproduce, distribute, perform or display (publicly or otherwise), create derivative works from, and otherwise use and exploit the Submissions (and to authorize others to do the same), in whole or in part and as may be edited or modified by Visa or any party authorized by Visa, for any purpose whatsoever, commercial or otherwise, in any form or media now existing or hereafter devised, without obligation of any kind and forever waive and agree never to assert, any copyrights, "moral" rights, or other rights that you may have in such Submissions. You also agree not to make any Submissions that violate or infringe in any way upon the rights of others (including, without limitation, any copyright, trademark, or other intellectual property right) or that are otherwise unlawful. You will be solely liable for (and will indemnify and hold harmless Visa and any party authorized by Visa from) any damages arising from and relating to the Submissions or the use thereof, in whole or in part, by Visa or any party authorized by Visa. You agree to provide true, current, accurate and complete information about yourself and notify Visa promptly of any changes to your information so that your information is current, complete and accurate.
By using the Site, you may submit, or Visa may gather, certain limited information about you and your usage of the Site. Subject to the terms of the Privacy Notice, Visa is free to use and disclose such information (and authorize others to do the same) for any purpose it deems appropriate.
Although Visa strives to provide Materials that are both useful and accurate, laws, regulations, data, and other information change frequently and are subject to varying interpretations. In addition, the facts and circumstances of every situation differ. Accordingly, although Visa endeavors to use reasonable care in assembling the Materials, the Materials may not be up-to-date, accurate, or complete. Additional portions of the Materials have been contributed to the Site by various industry specialists and service providers. The inclusion of such information does not indicate any approval or endorsement of such providers, and Visa expressly disclaims any liability with respect to the foregoing.
Links
The Site may contain links to other websites, including affiliated websites which may or may not be owned or operated by Visa. Visa has not reviewed all of the websites which are linked to the Site, and Visa has no control over such sites. Unless otherwise explicitly stated, Visa is not responsible for the content of such websites, any updates or changes to such sites, or the privacy or other practices of such sites, and the fact that Visa offers such links does not indicate any approval or endorsement of any material contained on any linked site. Visa is providing these links to you only as a convenience. Your connection to and use of any such linked site is at your own risk. Accordingly, we strongly encourage you to become familiar with the terms of use and practices of any linked site. Further, it is up to you to take precautions to ensure that whatever links you select or software you download (whether from the Site or other sites) is free of such items as viruses, worms, Trojan horses, defects, date bombs, time bombs, and other items of a destructive nature.
No Legal or Other Professional Advice
Visa hopes and believes that the Materials will be helpful and informative but they should not be construed as legal, accounting, or other professional advice on any subject matter. Visa has endeavored to comply with legal and ethical requirements known to the Visa personnel who compiled this Site, but Visa is not engaged in rendering legal, accounting, or other professional services, and availability or use of the Materials is not intended to create, and does not create, any attorney-client, accounting-client, or other professional services relationship. Use of the Materials is not an adequate substitute for obtaining legal, accounting, or other professional advice from a professional licensed in your jurisdiction. You agree you will not act or refrain from acting based on any of the Materials without first seeking the services of a competent professional.
No Warranties
Neither Visa nor any of its licensors or suppliers makes any representations or warranties, either express or implied, of any kind with respect to the Site, the Materials, any linked website, or any other content or information available on or through the Site. All Materials, links, and other content and information available on or through the Site are provided "AS IS" and with all faults, with no warranty and the entire risk as to satisfactory quality, performance, accuracy, completeness and effort is with the user. Visa assumes no liability or responsibility for any errors or omissions in the Materials or in any content on the Site. You agree that use of the Site and/or all Materials, links, and other content and information available on or through the Site is at your sole risk. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, VISA AND ITS LICENSORS AND SUPPLIERS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE SITE, THE MATERIALS, ANY LINKED WEBSITE OR ANY OTHER CONTENT OR INFORMATION AVAILABLE ON OR THROUGH THE SITE, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
Limitation on Liability
Your use of the Site is at your own risk. To the fullest extent permissible under applicable law, neither Visa nor any of its licensors or suppliers, nor its or their directors, officers, employees, consultants, agents, or other representatives ("Service Providers") will be liable to any party for any indirect, special, or consequential damage, loss, or expense of any kind arising from or relating to your access to, use of or reliance on the Site, the Materials, any linked website, or any other content or information available on or through the Site, regardless of whether such liability is based in tort, contract, or otherwise, including, without limitation, any damages for loss of profits, business interruption, loss of programs or other data, loss of goodwill, work stoppage, computer failure or malfunction, or otherwise even if Visa has been advised of the possibility of such damages. For example, Visa assumes no responsibility for, and will not be liable for any damages arising from any viruses that may affect your computer equipment or other property resulting from your access to, use of, or downloading from, the Site. Visa cannot and does not guarantee continuous, uninterrupted or secure access to the Site.
Governing Law
To the fullest extent permitted by law, you and Visa agree that:
(1.) if you are a resident of jurisdiction other than those in (2.) below, the following governing law and arbitration provision applies:
These Terms and the relationship between you and Visa, including, without limitation, your use of the Site, the Materials, any linked website, or any other content or information available on or through the Site, are to be construed in accordance with and governed by the laws of the State of California and all actions, proceedings or counterclaims arising out of or relating to these Terms shall be resolved through binding arbitration by JAMS pursuant to and JAMS’ International Arbitration. The arbitration will take place before one arbitrator. The arbitration shall (i) be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; and (ii) not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties. The arbitrator will be mutually agreed upon by you and Visa. If you and Visa cannot agree on an arbitrator, the arbitrator will be appointed according to JAMS procedures.
(2.) if you are a resident of any jurisdiction in which the arbitration provision in paragraph (1) above is found to be unenforceable, then the following shall apply: (x) any disputes, claims or causes of action arising out of or in connection with these Terms will be governed by and construed under the laws of the jurisdiction of your residence; and (y) any disputes, claims or causes of action arising out of or in connection with these Terms shall be resolved within the competent civil courts residing within such jurisdiction. Any mandatory consumer protection law remains applicable.
Disclosures
The Site is operated by Visa International Service Association, located at 900 Metro Centre Boulevard, Foster City, CA 94404, United States of America.
Visa Rules
Where applicable, nothing in this Agreement will limit or supersede any Visa Rules or Visa Charter Documents. In the event of any apparent conflict between the terms of these Terms and the Visa Rules, the Visa Rules will govern.
Privacy
Our Privacy Notice and Cookie Notice details with how Visa protect and use your information.. If you have any questions, comments, criticisms, or complaints about Visa or this site, please email us. You must abide by all applicable data protection and privacy laws, regulations and codes of practice.
No Waiver
Any failure by Visa to enforce any of its rights hereunder or under applicable laws shall not constitute a waiver of such right. If any provision hereunder is found by a court of competent jurisdiction to be invalid, you, Visa, and the court shall endeavor to give effect to the intent reflected in that provision, and the remaining provisions shall retain their full force and effect.
Services, Instructions
Some of the services listed on this Site are made available by Visa subject to applicable terms and conditions and eligibility for all such services are subject to you agreeing to such terms and conditions (of which Visa will inform you) and to final written acceptance by Visa of your application for such services. All services are available at the sole discretion of Visa and those services (together with the terms and conditions on which they are offered) and all other material information available through the Site are subject to amendment or withdrawal at any time. Visa reserves the right at all times to rely and act on any written, oral, telephone, card, e-mail or computer generated or other instruction in respect of the Site which bears your correct signature or user identification, or other applicable personal identification or code.
Electronic Submissions
Use of Electronic Signature. Qualifying forms and requests may be submitted through the Site. You agree and acknowledge that a request submitted by you in accordance with the requirements on the Site constitutes an electronic signature and is considered binding with the same force and authority as a handwritten signature, subject only to applicable conditions and restrictions set out in throughout the Site. Electronic Signature Applicability. Unless instructed otherwise, you may submit electronically all qualifying documentation that is available on the Site, if the Electronic Signature Criteria (set forth below) are satisfied, and subject to availability of the tool via the Site and the applicable terms and restrictions set out on the Site. Electronic Signature Enforceability. By electronically submitting documentation via the Site, you attest that the submitted documentation meets the specified requirements and agree that the submitted documentation constitutes a binding commitment with the same legal force and effect as a handwritten signature. Electronic Signature Criteria. To be valid, an electronic signature associated with documentation submitted through the Site must meet the following criteria:
- Be submitted via the Site
- Be submitted and validated on the basis of user identification and authenticated in accordance with the procedures established by Visa
- Be authorized by our member customer, or you must provide evidence of the member customer's authorized user's intent to evidence a binding commitment via the authorized user's acceptance of the click-through notice provided on the Site In addition, you, our member customer, or your designated agent must maintain reasonable safeguards and security controls to limit access to authorized personnel.
Language
The parties hereto hereby acknowledge that they have required these terms to be drawn up in the English language.
Much of the information on the Site may apply internationally, but a significant amount of information applies only to certain countries or regions. For instance, if you see the following indication in connection with information on the Site,
"The information on this page applies to businesses in the United States."
then the information on that page applies only to businesses operating in the United States. Although Visa makes reasonable attempts to indicate which information is country- and/or region-specific by including this type of statement, it does not warrant or represent that the information without this type of statement applies internationally. You should check the applicability of any information on the Site to you or your organisation. As an example, the fact that you have access to such United States-specific information does not mean that such information applies or ever will apply to a country or region outside the United States.