Visa Europe Limited., including its subsidiaries and affiliates ("Visa"), maintains or arranges for the development and maintenance of Visa Navigate, 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, as amended from time to time (the "Terms"), and must abide by all applicable laws and regulations. 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.Access
Downloading and Use
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. 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. 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.
Information Provided by Visa
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.
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.
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 Web site, 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" with no warranty. 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 WEB SITE 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
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 for any damage, loss, or expense of any kind arising from or relating to your access to or use of the Site, the Materials, any linked Web site, or any other content or information available on or through the Site, regardless of whether such liability is based in tort, contract, or otherwise. In no event will Visa, any of its licensors or suppliers, or any of its or their Service Providers be liable to any party for any indirect, special, or consequential damages arising from or relating to use of or access to the Site, the Materials, any linked Web site, or any other content or information available on or through the Site, 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 or any of its licensors or suppliers is expressly 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.
These Terms and the relationship between you and Visa, including, without limitation, your use of the Site, the Materials, any linked Web site, 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, except with respect to those resident in the Europe region, being the European Economic Area, plus Turkey and Israel (“Territory”) where these Terms and the relationship between you and Visa shall be governed by and construed in accordance with the Laws of England, including without limitation to English or European Union regulationsand all actions, proceedings or counterclaims arising out of or relating to these Terms shall be brought in the courts of England and Wales. In connection with any such actions, proceedings or counterclaims, each party shall submit to the exclusive jurisdiction of such court, agrees to venue in such court, and waives any objection to venue laid therein.
The Site is operated by Visa Europe Limited, located at 1 Sheldon Square, London W2 6TT, and all access to and use of the Site, the Materials, or any other content or information available on or through the Site shall be deemed to occur in England.
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.
Our Privacy Notice and Cookies Policy details 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.
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.
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.
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.
The parties hereto hereby acknowledge that they have required these terms to be drawn up in the English language.