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MASTERCARD CLICK TO PAY TERMS OF USE




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Countries/regions list



Last updated June, 2023



These Terms of Use apply to: Argentina, Australia, Austria, Bahrain, Belgium,
Brazil, Canada, Chile, Colombia, Czech Republic, Denmark, Egypt, Finland,
France, Germany, Hong Kong, Ireland, Italy, Kuwait, Kingdom Of Saudi Arabia,
Malaysia, Mexico, Netherlands, New Zealand, Nigeria, Norway, Pakistan, Peru,
Philippines, Poland, Portugal, Qatar, Singapore, Slovakia, South Africa, Spain,
Sweden, Switzerland, Tanzania, Thailand, United Arab Emirates, Ukraine, United
Kingdom, and the United States (“Authorized Countries”)

For the Terms applicable to Germany – click here to view.

Thank you for choosing to use your Mastercard card. Mastercard International
Incorporated (including its subsidiaries and affiliates, “Mastercard”) uses
global standards to support the creation and usage of Mastercard Click to Pay
(“Mastercard Click to Pay”) profile and Payment Information (defined below) when
you shop or make payments online on a mobile device or in other electronic
commerce environments and when you choose to save your card with a favourite
merchant or e-commerce site. Your Mastercard Click to Pay profile and Payment
Information are collectively referred to as your “Click to Pay Profile”.

These Terms of Use (“TOU”) and the Mastercard Click to Pay Online Privacy Notice
(“Privacy Notice”) and, together with these TOU, these “Terms”) are a legal
agreement between you and Mastercard. BY CREATING AND USING A CLICK TO PAY
PROFILE, YOU AGREE TO ALL OF THE TERMS AND CONDITIONS IN THESE TERMS, AND ALL
OTHER RULES, POLICIES AND PROCEDURES RELATING TO YOUR CLICK TO PAY PROFILE THAT
MASTERCARD MAY PROVIDE YOU FROM TIME TO TIME (AS DESCRIBED IN THESE TERMS).

PLEASE NOTE THAT THESE TERMS DO NOT MODIFY, OR HAVE ANY OTHER IMPACT ON, THE
TERMS AND CONDITIONS YOU HAVE WITH YOUR ISSUER(S) RELATING TO YOUR MASTERCARD
CARD(S).

“You” (and all of its derivations) means you individually and any person acting
as your agent, under your authority, or with your permission. IF YOU DO NOT
AGREE TO THESE TERMS, YOU MUST NOT REGISTER FOR OR USE YOUR CLICK TO PAY
PROFILE. YOUR CLICK TO PAY PROFILE IS INTENDED FOR USE IN THE AUTHORIZED
COUNTRIES ONLY.

To the extent permitted by applicable law, these Terms provide that all disputes
between you and Mastercard will be resolved by BINDING ARBITRATION. YOU AGREE TO
GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under this
contract, except for matters that may be taken to small claims court. Your
rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury, and
your claims cannot be brought as a class action (if class action claims can be
filed in your jurisdiction). Please review Dispute Resolution and Arbitration
for the details regarding your agreement to arbitrate any disputes with
Mastercard.

Your Click to Pay Profile

If your country of residence changes, you must promptly delete your existing
Click to Pay Profile and create a new one when Click to Pay is available in your
new location. If you create a Click to Pay Profile, Mastercard may store the
information provided by you (or through an entity you authorize) to Mastercard
(or an entity acting on Mastercard’s behalf), including, but not limited to:
payment information (including payment card or account number and expiration
date); billing and shipping information; a valid email address; mobile phone
number; and other information relating to making e-commerce payments with your
Mastercard credit, debit, and prepaid cards or accounts (“Cards”).

To help protect your Cards, Mastercard may generate one or more numerical
surrogates of your Card credentials (also called a token) to be used during
transaction processing, and potentially provisioning of your card details (at
your choice) with e-commerce merchants and other sites, subject to your Card’s
eligibility for tokenization. Your Card number and tokens will both be stored
and may be used for transactions.

Your Card issuer may also provide information about your Card account to
Mastercard, without further action on your part, to help us provide a better
service to you. For example, this information may include the availability of
rewards points that may be available to use for your transaction, and other
Card-related benefits that may be relevant to the transaction you are trying to
make with your Click to Pay Profile. Mastercard presents this information as-is,
as received from the issuer of your Card. If you have questions about your
Card-related information that you see in connection with using your Click to Pay
Profile, please contact your Card issuer.

We may take steps to update certain information about your Card (e.g., Card
number and expiration date) using information and third-party sources available
to us, without any action on your part. If you do not want us to update your
Card information, you may remove that Card from your Click to Pay Profile. If we
update your payment method, we will keep any preference setting attached to such
payment method.

All of the information in your Click to Pay Profile are collectively referred to
in these Terms as your “Payment Information.”

You must use only valid email addresses and phone numbers owned or controlled by
you. When you store a Card in your Click to Pay Profile, you are representing
and warranting that you are a valid holder or authorized user of that Card.

You are solely responsible for maintaining up-to-date and accurate information
in your Click to Pay Profile, including all Payment Information. Mastercard has
no responsibility for the authenticity, validity, accuracy, or completeness of
the Payment Information that Mastercard transmits on your behalf.

Privacy

Mastercard recognizes the importance of respecting your privacy. The Privacy
Notice provides a description of how Mastercard collects, uses, shares, and
protects your personal information in connection with your Click to Pay Profile,
as well as the choices and access rights you have in regard to your personal
information. Your addresses may be automatically filled when you register for
Click to Pay. Click to Pay relies on a third-party web application from Google
to provide this address auto-fill functionality, where available. The text you
enter, the addresses you select and your IP address are processed by Google, in
order for this auto-fill to work, in accordance with Google's terms of service
and privacy policy.

Protecting Your Information

You are responsible for maintaining adequate security and control of any and all
emails, passwords, telephone numbers, personal identification numbers, or any
other codes that you use to access your Click to Pay Profile. In addition, you
are responsible for maintaining adequate security and control of all devices
that you use to access your Click to Pay Profile through the use of passwords,
PINs, biometrics or other appropriate authentication methods.

You are responsible for all activities that occur through or by usage of your
Click to Pay Profile, including the activities of others (whether or not the
activities are authorized). You must immediately notify Mastercard of
unauthorized access to or use of your Click to Pay Profile. Neither Mastercard
nor its agents will be liable for any loss or damages of any kind that may arise
as a result of the unauthorized access to or use of your Click to Pay Profile or
any Payment Information (with or without your knowledge), except to the extent
the foregoing limitation is prohibited under applicable law.

Making Payments

Your Click to Pay Profile may be used to help you transact with merchants or
make payments with your Card in different ways.

Transactions

You can access your Click to Pay Profile to check out with merchants who accept
Mastercard through an industry standard e-commerce acceptance interface called
Click to Pay. This includes, for example:

 * Clicking or tapping where you see . In instances where images are not
   displayable, the call to action “Click to Pay” will be displayed as text.
 * Manually entering a card number or email address wherever you see .

In these instances, when you click or tap on the “Confirm” (or similar) button
within your Click to Pay Profile, Mastercard will transmit your selected Payment
Information to the merchant.

Each transaction that you make using a Card in your Click to Pay Profile is a
contractual relationship directly between you and the merchant, and the
merchant’s terms and conditions will govern all aspects of that transaction and
the merchant’s use of your Payment Information. Mastercard is not involved in
processing your transaction and has no liability to you or the merchant with
respect to the transaction.

Other Uses

Your agreement with a merchant or other third party may allow that party to
store information provided by you from your Click to Pay Profile, or to connect
with Mastercard to receive certain Payment Information (e.g., Card number or a
token, and the expiration date), or to validate or receive other Payment
Information in your Click to Pay Profile. This may take place either in
connection with or independent of any Click to Pay payment transaction.

In these instances, the third parties’ access to and usage of such information
is subject to your agreement with the third party, and the third party’s terms
and conditions will govern its usage of your information. Mastercard has no
liability to you or the third party with respect to the third party’s access to,
or usage of, your information.

If you have questions or concerns regarding a third party’s access to any
information pursuant to your agreement with that party, please contact that
party for information.

Other Mastercard Roles

If you request registration of a non-Mastercard card with Mastercard’s Click to
Pay system, Mastercard may transmit your personal information to the Click to
Pay system of that card’s payment network (or an entity acting on its behalf).
You hereby consent to said transmission and agree that you will not hold
Mastercard liable for any harm or loss resulting directly or indirectly
therefrom.

When you repeat a Click to Pay checkout with any merchant that accepts
Mastercard Click to Pay (“Click to Pay Merchant”), you will be able to view your
Cards and designate which should be used for the transaction. You may also be
able to securely save your default Card and payment method directly with
Mastercard Click to Pay Merchants that offer that feature. After the Mastercard
Click to Pay Merchant (or the entity acting on its behalf) receives your Payment
Information, it will then submit the transaction for processing.

Use of Your Payment Information

You are solely responsible for ensuring your use of Mastercard Click to Pay
complies with the terms and conditions that govern your Cards that you store in
and use through your Click to Pay Profile. You are also responsible for all
charges or debits to your Cards that result from transactions made using your
Payment Information, and any fees that the issuers of your Cards may charge in
connection with the transactions. You are solely responsible for reporting and
paying any applicable taxes arising from transactions originated using your
Payment Information and you will comply with any and all applicable tax laws in
connection with these transactions.

Mastercard is not a bank, payment institution, or a money services business as
defined by the applicable regulatory body in the Authorized Country having
authority to define such entities, and Mastercard does not offer those services.
Mastercard does not issue Cards of any kind. Any and all questions or issues
regarding any of your Cards should be directed to the bank or financial
institution that issued your Card and not to Mastercard. MASTERCARD MAKES NO
REPRESENTATIONS THAT YOUR CARDS ARE VALID OR IN GOOD STANDING OR THAT THE
PARTIES WHO ISSUED YOUR CARDS WILL APPROVE OR HONOR YOUR REQUESTED TRANSACTIONS.

Resolution of Transaction Issues

If you have any concerns with respect to any transaction made using your Click
to Pay Profile, you must contact the merchant with which you entered into that
transaction. You may also have certain rights and protections under your
agreement with the bank or financial institution that issued your Card or under
applicable law with respect to the charges for transactions made to your
registered Cards. Consult your agreement with your Card issuer for details and
applicable laws.

Grant of License from Mastercard

Mastercard License. So long as you comply with these Terms, Mastercard grants
you a limited, non-exclusive, as-is, revocable, non-transferable license,
without right of sublicense, to use your Click to Pay Profile solely for the
purpose of storing and transmitting your Payment Information to merchants who
accept Mastercard through an industry standard e-commerce acceptance interface
called Click to Pay.

Prohibited Conduct. You must not use your Click to Pay Profile for any other
purpose and must not:

 1.  decompile, reverse engineer, or otherwise access or attempt to access the
     source code relating to Mastercard’s services and systems used in
     connection with your Click to Pay Profile, or make or attempt to make any
     modification to the same (except to the extent the foregoing prohibition is
     not permitted under applicable law);
 2.  gain access to or use Mastercard’s services or systems, including those
     used in connection with your Click to Pay Profile, other than as permitted
     under these Terms, or damage, disrupt, or impede the operation of
     Mastercard’s services or systems;
 3.  use your Click to Pay Profile in connection with any fraudulent or illegal
     conduct, transaction, or business, as determined by Mastercard in its sole
     discretion;
 4.  register for a Click to Pay Profile by automated means or under false or
     fraudulent pretenses;
 5.  interfere with, circumvent, or modify any security mechanism used by or on
     behalf of Mastercard;
 6.  use or launch any automated system, including “robots,” “spiders,” or
     “offline readers,” to access Mastercard’s services and systems used in
     connection with your Click to Pay Profile;
 7.  act as a payment intermediary, aggregator, or service bureau yourself or on
     behalf of any third party, including handling, processing, or transmitting
     funds for any third party;
 8.  rent, lease, loan, trade, sell, re-sell, or otherwise charge any party for
     access to Mastercard’s services and systems used in connection with your
     Click to Pay Profile;
 9.  transmit any viruses, worms, defects, Trojan horses, or any programming of
     a destructive nature; or
 10. attempt to do any of the foregoing acts, or assist or permit any person in
     engaging in any of the foregoing acts.

Compliance with Law. You must comply with all applicable international,
national, provincial, and local laws, rules, regulations, directives, and
governmental requirements relating to your use of your Click to Pay Profile and
Mastercard’s services and systems used in connection with your Click to Pay
Profile. Mastercard may, in its sole discretion, accept or reject your request
to register a Click to Pay Profile and may disable or otherwise suspend access
to your Click to Pay Profile or to any Payment Information within your Click to
Pay Profile at any time for any reason or no reason whatsoever, including if
Mastercard suspects fraud or illegal, unauthorized or improper conduct.

Grant of License from You

Mastercard does not claim ownership of the content that you provide, upload,
submit or send to Mastercard. When you provide content to Mastercard (including
in your Click to Pay Profile), you grant Mastercard (and parties that we work
with) a non-exclusive, irrevocable, royalty-free, transferable, and worldwide
license to store, reproduce, modify, create derivative works and otherwise use
your content and associated intellectual property and publicity rights to help
us improve, operate and promote our current services and systems, and to develop
new ones. Mastercard will not compensate you for any of your content. You
acknowledge that Mastercard’s use of your content will not infringe any
intellectual property or publicity rights. Further, you acknowledge and warrant
that you own or otherwise control all of the rights of the content you provide,
and you agree to waive your moral rights and promise not to assert such rights
against Mastercard.

Text Messages and Carrier Fees

Text Messages. In some instances (e.g., Click to Pay Profile modification),
Mastercard may send a code to your mobile phone for verification purposes. You
expressly agree and consent to receive those text messages. Your standard
messaging, airtime, and data rates will apply.

Messages May be Delayed. If your mobile phone is off, out of range, or subject
to a variety of other conditions, you may not receive all messages or messages
may be delayed. Cellular and other wireless transmission services and networks
are inherently insecure and subject to service disruptions, weak or dropped
signals, and other failures over which Mastercard has no control. MASTERCARD
ASSUMES NO RESPONSIBILITY OR LIABILITY FOR ANY DELAYS OR FAILURE TO RECEIVE TEXT
MESSAGES OR OTHER MOBILE-BASED INFORMATION OR ANY SECURITY BREACHES RELATED TO
ANY OF THE FOREGOING.

Carrier Fees. You are responsible for any fees and penalties charged by your
telecommunications provider or any other third party in connection with your use
of Mastercard Click to Pay on your mobile device.

Fees and Charges

While Mastercard currently makes Mastercard’s services and systems used in
connection with your Click to Pay Profile available free of charge to you,
Mastercard may in the future charge for these products and services (or any
additional features or functionality) at any time, in its sole discretion, and
will notify you in advance of such future charges to the extent required under
applicable laws. Mastercard may also discontinue, modify, or change Mastercard’s
services and systems (including Mastercard’s services and systems used in
connection with your Click to Pay Profile) at any time and will notify you in
advance of such discontinuance, modification, or change to the extent required
under applicable laws. These changes may require you to update your Payment
Information or other information related to your Click to Pay Profile in order
to continue using including Mastercard’s services and systems. To the maximum
extent permitted by law, Mastercard will not have any liability or obligation to
you with regard to any modifications or changes it makes to Mastercard’s
services or systems (including Mastercard’s products and services used in
connection with your Click to Pay Profile).

Modifications to Our Service and to These Terms

Mastercard may, in its sole discretion, modify, update, discontinue, suspend, or
otherwise change, temporarily or permanently, any or all aspects of Mastercard
Click to Pay with or without notice to you. You agree that Mastercard shall not
be liable to you or any third party for taking these actions, and your continued
use of Mastercard Click to Pay following any such change(s) will be construed to
be your acceptance of such change(s).

Mastercard reserves the right, in its sole discretion at any time and from
time-to-time, to change these Terms or provide other disclosures or notices
regarding your Click to Pay Profile (including Mastercard’s services and systems
used in connection with your Click to Pay Profile) by delivering them to you
through your Click to Pay Profile account and emailing them to you at the email
address associated with your Click to Pay Profile. If you do not agree with any
aspect of these Terms at any time you must not use Mastercard Click to Pay.

If you are an existing Mastercard Click to Pay user, non-material changes we
make to these Terms will become effective immediately upon publication of the
updated Terms. To the fullest extent permitted under applicable law, your
continued use of Mastercard Click to Pay after we publish any such changes will
constitute your acceptance of the updated Terms. If we make a change to these
Terms that materially modifies your rights or obligations, you will be required
to affirmatively accept the modified Terms before continuing to use the Service.
Note that any changes made to these Terms for legal reasons will become
effective immediately upon publication. You should review these Terms often. You
may access the current copy of the Terms at any time, and can determine when the
Terms were last modified by checking the date at the top of these Terms.

Feedback

From time to time, Mastercard may ask you for (or you may independently provide
Mastercard with) your feedback, suggestions, comments, or ideas (collectively
“Feedback”) on Mastercard’s services and systems used in connection with your
Click to Pay Profile or other Mastercard products or services but you are not
required to provide us with any Feedback. You agree that Mastercard may use and
exploit all Feedback you provide for any purpose without obligation of any kind
and without any obligation of confidentiality, attribution, accounting,
compensation, or other duty to account to you.

Intellectual Property Ownership and Rights

As between you and Mastercard, Mastercard owns and retains all right, title, and
interests, including all intellectual property rights, in and to (a)
Mastercard’s systems and services; and (b) your Click to Pay Profile (but not
the content you provide to Mastercard) (collectively, “Mastercard Property”).
Mastercard, its licensors, or third party partners own and retain all right,
title, and interest in all names, trade names, trademarks, service marks,
slogans, logos, domain names, or other indicia of Mastercard or its licensors or
third party partners used in connection with Mastercard’s systems and services
or a Card (“Trademarks”). You have no right to use any Trademark in any manner
without the advance written permission of the owner of that Trademark.

Using your Click to Pay Profile or other Mastercard systems and services does
not give you ownership of any intellectual property rights in the Mastercard
Property. Mastercard reserves all rights in the Mastercard Property and
Trademarks not expressly granted to you in these Terms.

Products and Services Offered by Merchants

Each purchase using a Card stored in your Click to Pay Profile of a product or
service offered by a merchant is subject to that merchant’s specific terms and
conditions, which may be set forth in the full description of the product or
service and is a contractual relationship directly between you and the merchant.
The inclusion of a merchant’s products or services in any product, service, or
technology that allows or requires you to checkout with your Click to Pay
Profile does not constitute any approval, endorsement, or warranty by Mastercard
of the products or services or of the merchant offering them.

Third Party Content

Mastercard’s services and systems may contain content about third party products
and services, and popups or links to third party sites, served by or on behalf
of third parties that are independent of Mastercard and not owned or controlled
by Mastercard (“Third Party Content(s)”). Third Party Content, and links to
Third Party Content are included, and popups served by or on behalf of third
parties are facilitated, solely for the convenience of users and do not
constitute any approval, endorsement, or warranty by Mastercard. Moreover,
Mastercard is not responsible for the content, security, operation, or use of
any Third Party Content or the products or services that may be offered or
obtained through them or for the accuracy, completeness, or reliability of any
information obtained from a Third Party Content. When you click on a link to or
in a popup of a Third Party Content, you will leave the services controlled by
Mastercard. Any personal information you submit after you leave Mastercard’s
services and systems will not be collected or controlled by Mastercard. It will
be subject to the privacy notice or terms of use applicable to the Third Party
Content. It is your responsibility to review those policies before submitting
your information to the Third Party Site and you provide your information at
your own risk. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU EXPRESSLY RELIEVE
MASTERCARD FROM ANY AND ALL LOSS, DAMAGES OR OTHER LIABILITIES YOU INCUR AS A
RESULT OF YOUR ACCESS TO OR USE OF ANY THIRD PARTY CONTENT.

Your Representations

You represent and covenant that (a) the information you provide to Mastercard in
connection with your registration for a Click to Pay Profile is true and correct
and you will keep it accurate and up-to-date at all times; (b) you are the valid
holder or authorized user of each Card that you store in your Click to Pay
Profile; and (c) you will comply with these Terms and all applicable local,
national, provincial, and international laws, rules, and regulations in
connection with your use of your Click to Pay Profile and other Mastercard
services and systems.

You represent and warrant that you are: (i) at least 18 years of age (or the
minimum age in your jurisdiction for entering into a binding contract), (ii)
capable of entering into a legally binding agreement, and (iii) a legal resident
of one of the countries where Mastercard Click to Pay is implemented.

Indemnification

To the fullest extent permitted by law, you agree to indemnify and hold harmless
Mastercard and its business partners, and its and their officers, directors,
employees, representatives and affiliates (the “Indemnified Parties”), from and
against any and all claims, liabilities, damages (actual and consequential),
losses, fines, and expenses (including legal and other professional fees and
costs of investigation) arising from or in any way related to (a) your use of
Mastercard’s services and systems, including your Click to Pay Profile in a
manner not authorized by these Terms; (b) your (or anyone using your Click to
Pay Profile’s) breach of these Terms or applicable law; (c) your negligence or
wilful misconduct; (d) any dispute between you and a third party, including any
merchant or financial institutions; or (e) your violation of any third party’s
rights, including any intellectual property rights.

Disclaimer of Warranties

General Disclaimer. MASTERCARD’S SERVICES AND SYSTEMS, INCLUDING YOUR CLICK TO
PAY PROFILE, ARE PROVIDED “AS IS,” “AS AVAILABLE,” AND WITH ALL FAULTS. THE
INDEMNIFIED PARTIES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY
WARRANTIES OF MERCHANTABILITY, QUALITY OF INFORMATION, QUIET ENJOYMENT,
NON-INFRINGEMENT, TITLE, OR FITNESS FOR A PARTICULAR PURPOSE. MASTERCARD DOES
NOT WARRANT THAT THE INFORMATION CONTAINED IN MASTERCARD’S SERVICES AND SYSTEMS
(INCLUDING ANY INFORMATION RELATED TO A MERCHANTS’ PRODUCTS OR SERVICES) OR IN
ANY THIRD PARTY CONTENT, WILL BE ACCURATE OR COMPLETE, OR THAT MASTERCARD’S
SERVICES AND SYSTEMS OR ANY THIRD PARTY CONTENT WILL BE ERROR FREE, CONTINUOUS
or UNINTERRUPTED, FREE FROM SPYWARE, MALWARE, ADWARE, VIRUSES, WORMS, OR OTHER
MALICIOUS CODE, OR WILL FUNCTION TO MEET YOUR REQUIREMENTS. MASTERCARD DOES NOT
WARRANT THAT MASTERCARD’S SERVICES AND SYSTEMS WILL WORK WITH YOUR OPERATING
SYSTEMS, OR WITH ANY OTHER SOFTWARE INSTALLED ON YOUR COMPUTERS OR MOBILE
DEVICES. INFORMATION OBTAINED BY YOU FROM MASTERCARD WILL NOT CREATE ANY
WARRANTIES. YOU ASSUME ALL RISKS ASSOCIATED WITH YOUR USE OF MASTERCARD’S
SERVICES AND SYSTEMS, INCLUDING YOUR CLICK TO PAY PROFILE. IT IS YOUR SOLE
RESPONSIBILITY TO DETERMINE WHETHER MASTERCARD SERVICES AND SYSTEMS ARE SUITABLE
AND ADEQUATE FOR YOUR NEEDS.

Disclaimer Regarding Transactions. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT
MASTERCARD DOES NOT HAVE ANY CONTROL OVER YOUR TRANSACTIONS USING YOUR PAYMENT
INFORMATION, AND MASTERCARD CANNOT ENSURE THAT ALL TRANSACTIONS WILL BE
COMPLETED OR THAT THE BANK (OR OTHER ISSUER) WHO HAS ISSUED YOUR CARD WILL
AUTHORIZE THE TRANSACTIONS THAT YOU INITIATE.

Disclaimer Regarding Click to Pay Profile. YOU ACKNOWLEDGE AND AGREE THAT THE
CLICK TO PAY PROFILE SERVICE IS AVAILABLE ONLY IN CERTAIN MARKETS AND YOU MAY
NOT BE ABLE TO CREATE A CLICK TO PAY PROFILE, ACCESS YOUR CLICK TO PAY PROFILE,
OR COMPLETE A TRANSACTION USING YOUR CLICK TO PAY PROFILE, DEPENDING ON, AMONG
OTHER THINGS, THE LOCATION OF THE MERCHANT AND THE COUNTRY OF YOUR CARD’S
ISSUANCE. FURTHERMORE, YOU ACKNOWLEDGE AND AGREE THAT NOT ALL MASTERCARD
SERVICES AND SYSTEMS (INCLUDING THE FEATURES DESCRIBED IN THESE TERMS AND OTHER
DESCRIPTIONS OF THE CLICK TO PAY PROFILE SERVICE) MAY BE AVAILABLE AT ALL TIMES
OR IN ALL USES OF YOUR CLICK TO PAY PROFILE, AND MAY DEPEND ON, AMONG OTHER
THINGS, THE LOCATION AND CAPABILITIES OF THE MERCHANT AND YOUR CARD’S ISSUER.

Third Party Systems. MASTERCARD CLICK TO PAY INTERACTS WITH THIRD PARTY SYSTEMS
THAT ARE INDEPENDENT OF MASTERCARD AND NOT OWNED OR CONTROLLED BY MASTERCARD.
YOU ACKNOWLEDGE AND AGREE THAT MASTERCARD SHALL NOT BE LIABLE FOR ANY LOSS,
DAMAGE OR OTHER HARM RESULTING DIRECTLY OR INDIRECTLY FROM ANY SECURITY BREACH
OR OTHER ISSUE RELATING TO A THIRD PARTY SYSTEM.

Applicable Laws. IN THOSE JURISDICTIONS WHERE A PART OF THE FOREGOING
DISCLAIMERS MAY BE LIMITED OR INAPPLICABLE UNDER APPLICABLE LAW, THE FOREGOING
DISCLAIMERS APPLY TO THE MAXIMUM EXTENT PERMITTED UNDER LAW.

Limitation of Liability

Limitation. REGARDLESS OF WHETHER ANY REMEDY IN THESE TERMS FAILS ITS ESSENTIAL
PURPOSE OR OTHERWISE, THE INDEMNIFIED PARTIES ARE NOT AND WILL NOT BE LIABLE TO
YOU FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, CONSEQUENTIAL, OR
ANY OTHER DAMAGES WHATSOEVER, INCLUDING ANY PERSONAL INJURY, PROPERTY DAMAGE,
LOSS OF USE, LOSS OF BUSINESS, ECONOMIC LOSS, LOSS OF DATA, OR LOSS OF PROFITS,
WITHOUT REGARD TO THE FORM OF ACTION (INCLUDING CONTRACT, NEGLIGENCE, OR OTHER
TORTIOUS ACTIONS) ARISING OUT OF OR IN CONNECTION WITH (A) THESE TERMS; (B)
MASTERCARD SERVICES AND SYSTEMS (INCLUDING YOUR CLICK TO PAY PROFILE); (C) ANY
INTERRUPTION IN SERVICE RELATED TO SERVICES AND SYSTEMS; (D) ANY CARD, OR THIRD
PARTY CONTENT; (E) ANY PRODUCT OR SERVICE OBTAINED THROUGH A TRANSACTION USING
YOUR PAYMENT INFORMATION; (F) THE ACTIONS OR INACTIONS OF ANY MERCHANT; (G) YOUR
USE OF YOUR MOBILE DEVICE, INCLUDING ANY LACK OF ATTENTION TO YOUR SURROUNDINGS
RESULTING FROM SUCH USE; OR (H) THE UNAUTHORIZED ACCESS BY ANY PARTY TO
MASTERCARD’S SERVICES AND SYSTEMS (INCLUDING YOUR CLICK TO PAY PROFILE),
INCLUDING PERSONAL DATA, EVEN IF ANY OF THE INDEMNIFIED PARTIES HAS BEEN ADVISED
OF THE POSSIBILITY OF THOSE DAMAGES. YOU WAIVE ANY AND ALL CLAIMS, NOW KNOWN OR
LATER DISCOVERED, THAT YOU MAY HAVE AGAINST THE INDEMNIFIED PARTIES ARISING OUT
OF YOUR USE OF MASTERCARD CLICK TO PAY, YOUR MOBILE DEVICE OR THESE TERMS.
WITHOUT LIMITING THE FOREGOING, MASTERCARD IS NOT RESPONSIBLE FOR ANY ERRORS IN
ANY DESCRIPTIONS OF PRODUCTS OR SERVICES OFFERED BY MERCHANTS OR ANY MOBILE
CARRIER FEES OR PENALTIES OR CARD ACCOUNT FEES OR PENALTIES THAT YOU INCUR AS A
RESULT OF YOUR USE OF MASTERCARD SERVICES AND SYSTEMS, INCLUDING ANY FEES AND
PENALTIES THAT MAY RESULT FROM TRANSACTION REVERSALS.

Cap on Liability. NOTWITHSTANDING THE FOREGOING, THE INDEMNIFIED PARTIES’ TOTAL
LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN
CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE WILL NOT, UNDER ANY
CIRCUMSTANCES, EXCEED ONE HUNDRED U.S DOLLARS (US $100).

Applicable Laws. IN THOSE JURISDICTIONS WHERE A PART OF THE FOREGOING
LIMITATIONS MAY BE LIMITED OR INAPPLICABLE UNDER APPLICABLE LAW, THE FOREGOING
LIMITATIONS AND EXCLUSIONS APPLY TO THE MAXIMUM EXTENT PERMITTED UNDER LAW.

Termination

Term and Termination. Mastercard may suspend or terminate your use of Mastercard
services and systems, your access to your Click to Pay Profile, or your access
or use of any Payment Information in your Click to Pay Profile, at any time from
time to time, with or without cause, and without notice, including in the event
Mastercard believes (a) your contact information is not up-to-date or you do not
respond to communications directed to you; (b) the information you have provided
to obtain your Click to Pay Profile is false, inaccurate, not current, or
incomplete; (c) you are engaged in illegal activity; (d) you have breached any
of these Terms; or (e) your Click to Pay Profile has been inactive for more than
thirteen (13) months. You may terminate these Terms with respect to your Click
to Pay Profile or for any reason or no reason at all, at your convenience, by
deleting your Click to Pay Profile and ceasing all use of related Mastercard
services and systems.

Effect of Termination. Upon termination of these Terms for any reason, the
rights and licenses granted to you with respect to Mastercard will immediately
terminate and you will have to immediately cease all use of your Click to Pay
Profile and related Mastercard services and systems. The terms, conditions, and
warranties contained in these Terms that by their nature and context are
intended to survive the termination of these Terms will survive, including,
without limitation, the following sections:

 * Privacy
 * Protecting Your Information
 * Use of Your Payment Information
 * Resolution of Transaction Issues
 * Grant of License from You
 * Feedback
 * Intellectual Property Ownership and Rights
 * Third Party Content
 * Your Representations
 * Indemnification
 * Disclaimer of Warranties
 * Limitation of Liability
 * Termination
 * Entire Agreement
 * Relationship of the Parties
 * Mastercard Third Party Beneficiaries
 * Governing Law
 * Dispute Resolution and Arbitration
 * Waiver; Invalidity
 * Interpretation
 * Assignment

Mastercard will have no liability to you for any damages, loss of profits or
other claims arising from the termination or suspension of your access to your
Click to Pay Profile and related Mastercard services and systems.

Customer Support

Please go to the “Support” or “Help” section in your Click to Pay Profile
account if you have any questions or difficulties using your Click to Pay
Profile.

Notifications

Unless provided otherwise by Mastercard, all notices required from you under
these Terms must be sent to the addresses specified by Mastercard from time to
time, in its sole discretion. You consent to receiving certain electronic
communications from us as further described in the Privacy Notice. Please read
our Privacy Notice to learn more about our electronic communications practices.
You agree that any notices, agreements, disclosures, or other communications
that we send to you electronically will satisfy any legal communication
requirements, including that those communications be in writing.

Entire Agreement

These Terms constitute the entire agreement between you and Mastercard with
regard to their subject matter.

Relationship of the Parties

These Terms do not create and must not be construed as creating a joint venture,
co-ownership, partnership, or agency relationship between you and Mastercard.

Mastercard Third Party Beneficiaries

You acknowledge and agree that each affiliate and subsidiary of Mastercard is a
third party beneficiary to these Terms and that Mastercard’s affiliates and
subsidiaries are entitled to directly enforce, and rely upon, any provision of
these Terms which confers a benefit on (or provides rights in favor of) them. No
other person or company is a third party beneficiary to these Terms.

Governing Law

These Terms are governed by the laws of the State of New York without giving
effect to any choice of law or conflict of law provision or rule that would
cause the application of the laws of any jurisdiction other than the State of
New York. To the maximum extent permitted by law, you and Mastercard agree to
submit to the personal and exclusive jurisdiction of the state courts and
federal courts located within Westchester County, New York for the purpose of
litigating any dispute.

Dispute Resolution and Arbitration

Generally. In the interest of resolving disputes between you and Mastercard in
the most expedient and cost effective manner, you and Mastercard agree that, to
the extent permitted by applicable law, every dispute arising in connection with
these Terms will be resolved by binding arbitration (except as set forth in the
following paragraph). Arbitration is less formal than a lawsuit in court.
Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for
more limited discovery than in court, and can be subject to very limited review
by courts. Arbitrators can award the same damages and relief that a court can
award. This agreement to arbitrate disputes includes all claims arising out of
or relating to any aspect of these Terms, whether based in contract, tort,
statute, fraud, misrepresentation, or any other legal theory, and regardless of
whether a claim arises during or after the termination of these Terms. YOU
UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND MASTERCARD ARE
EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR JUDGE OR TO PARTICIPATE IN A CLASS
ACTION.

Exceptions. Nothing in these Terms will be deemed to waive, preclude, or
otherwise limit the right of either party to: (a) bring an individual action in
small claims court; (b) pursue an enforcement action through the applicable
national provincial or local agency if that action is available; (c) seek
injunctive relief in a court of law; or (d) to file suit in a court of law to
address an intellectual property infringement claim.

Arbitration. Any arbitration between you and Mastercard will be settled under
the U.S. Federal Arbitration Act (if you are a resident of the US) or the
applicable local arbitration statute, and governed by the Consumer Arbitration
Rules (collectively, “AAA Rules”) of the American Arbitration Association
(“AAA”), as modified by these Terms, and will be administered by the AAA. The
AAA Rules and filing forms are available online at www.adr.org, by calling the
AAA at 1-800-778-7879, or by contacting Mastercard.

Notice; Process. A party who intends to seek arbitration must first send a
written notice of the dispute to the other party by certified mail or by Federal
Express (signature required) or, only if such other party has not provided a
current physical address, then by electronic mail (“Notice”). Mastercard's
address for Notice is: Mastercard International Incorporated, 2000 Purchase
Street, Purchase, NY 10577. The Notice must: (a) describe the nature and basis
of the claim or dispute; and (b) set forth the specific relief sought
(“Demand”). The parties will make good faith efforts to resolve the claim
directly, but if the parties do not reach an agreement to do so within thirty
(30) days after the Notice is received, you or Mastercard may commence an
arbitration proceeding. During the arbitration, the amount of any settlement
offer made by you or Mastercard must not be disclosed to the arbitrator until
after the arbitrator makes a final decision and award, if any. If the dispute is
finally resolved through arbitration in your favor, Mastercard will pay you the
highest of the following: (i) the amount awarded by the arbitrator, if any; (ii)
the last written settlement amount offered by Mastercard in settlement of the
dispute prior to the arbitrator’s award; or (iii) one thousand U.S. dollars (US
$1,000).

Fees. If you commence arbitration in accordance with these Terms, Mastercard
will reimburse you for your payment of the filing fee, unless your claim is for
more than ten thousand U.S. dollars (US $10,000), in which case the payment of
any fees will be decided by the AAA Rules. If an oral in-person arbitration
hearing is necessary, such hearing will take place at a location to be agreed
upon in Westchester County, New York (if you are a resident of the US) or in
your country of residence, but if the claim is for ten thousand U.S. dollars (US
$10,000) or less, you may choose whether the arbitration will be conducted: (a)
in writing solely on the basis of documents submitted to the arbitrator; (b)
through a non-appearance based telephone or video hearing; or (c) by an
in-person hearing as established by the AAA Rules in the county (or parish) of
your billing address. If the arbitrator finds that either the substance of your
claim or the relief sought in the Demand is frivolous or brought in bad faith or
(if you are a resident of the US) for an improper purpose (as measured by the
standards set forth in U.S. Federal Rule of Civil Procedure 11(b)), then the
payment of all fees will be governed by the AAA Rules. In that case, you agree
to reimburse Mastercard for all monies previously disbursed by it that are
otherwise your obligation to pay under the AAA Rules. Regardless of the manner
in which the arbitration is conducted, the arbitrator must issue a reasoned
written decision sufficient to explain the essential findings and conclusions on
which the decision and award, if any, are based. The arbitrator may make rulings
and resolve disputes as to the payment and reimbursement of fees or expenses at
any time during the proceeding and upon request from either party made within
fourteen (14) days of the arbitrator’s ruling on the merits.

No Class Actions. TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU AND MASTERCARD
AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS
INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED
CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Mastercard
agree otherwise, the arbitrator may not consolidate more than one person’s
claims, and may not otherwise preside over any form of a representative or class
proceeding.

Modifications to this Arbitration Provision. If Mastercard makes any future
change to this arbitration provision, other than a change to Mastercard's
address for Notice, you may reject the change by sending us written notice
within thirty (30) days of the change to Mastercard's address for Notice, in
which case your account with Mastercard will be immediately terminated and this
arbitration provision, as in effect immediately prior to the changes you
rejected will survive.

Enforceability. If the “No Class Actions” provision is found to be
unenforceable, or if the entirety of this ”Dispute Resolution and Arbitration”
section is found to be unenforceable, then the entirety of this section will be
null and void and, in that case, the parties agree that the exclusive
jurisdiction and venue described under ”Governing Law” will govern any action
arising out of or related to these Terms.

Waiver; Invalidity

Mastercard’s failure or delay to exercise or enforce any right or provision of
these Terms or any rights under applicable law will not constitute a waiver of
any of those provisions or rights. If any provision of these Terms is found by
an arbitrator or a court of competent jurisdiction to be invalid, the parties
agree that the arbitrator or court will endeavour to give effect to the parties’
intentions as reflected in the provision, and the other provisions of these
Terms will remain in full force and effect.

Interpretation

The section headings in these Terms are for convenience only and have no legal
or contractual effect. For purposes of these Terms, (a) the words “include,”
“includes” and “including” will be deemed to be followed by the words “without
limitation”; (b) the words “such as”, “for example” “e.g.” and any derivatives
of those words will mean by way of example and the items that follow these words
will not be deemed an exhaustive list; (c) the word “or” is used in the
inclusive sense of “and/or” and the terms “or,” “any,” and “either” are not
exclusive; and (d) the singular includes the plural and the plural includes the
singular. No ambiguity will be construed against any party based on a claim that
the party drafted the language.

Assignment

You may not assign or transfer your rights or obligations under these Terms. Any
purported transfer or assignment in violation of the foregoing will be invalid.

Force Majeure

Mastercard will not be liable for any delay or failure to perform its
obligations hereunder resulting from any cause beyond its reasonable control,
including without limitation, telecommunications, power or utility failures.



Country-specific Terms



I. The following terms apply in BRAZIL:

 1. The proviso “unless proven Mastercard willfully and intentionally caused you
    any damages“ is added to the end of the second sentence of the General
    Disclaimer section in Disclaimer of Warranties.
 2. “One Hundred US Dollars (US$100)” is replaced by “Four Hundred Reais
    (R$400)” in the Cap on Liability section in Limitation of Liability.
 3. The references to binding arbitration do not apply to you if you reside in
    Brazil.
 4. The Governing Law section is deleted in its entirety and replaced by the
    following: “These Terms are governed by the laws of the Federative Republic
    of Brazil. If a lawsuit or legal proceeding is permitted under these Terms,
    then you and Mastercard agree to file eventual lawsuit or legal proceeding
    under the jurisdictions of the State of São Paulo for the purpose of
    litigating any dispute. You agree that, regardless of any statute or
    contrary legislation, any claim or legal action that you may have arising
    out of or related to these Terms must be filed within five (5) years after
    the fact that originates such claim or legal action.”

II. The following terms apply in CANADA:

 1. General Disclaimer in the Disclaimer of Warranties section does not apply to
    you if you reside in Quebec.
 2. Limitation in the Limitation of Liability section does not apply to you if
    you reside in Quebec.
 3. The Dispute Resolution and Arbitration section does not apply to you if you
    reside in Quebec.
 4. Ontario and Quebec residents only: Despite any other section that refers to
    modifying these Terms, if you are a resident of either Ontario or Quebec we
    reserve the right to update and revise these Terms (including changing the
    scope, types and/or functionality of Mastercard’s services and systems, the
    manner in which Mastercard’s services and systems may be used or accessed,
    applicable fees for using Mastercard’s services and systems, Mastercard’s
    responsibilities or obligations under these Terms, your responsibilities or
    obligations under these Terms, indemnification, disclaimers, limitation of
    liability, indemnities, dispute resolution and arbitration, and general
    terms) (each, a “Change”) up to three (3) times a year. If we make Changes
    to these Terms, in addition to publishing such Change and notifying you
    through your Click to Pay profile account, we will also provide you thirty
    (30) days’ advance notice of such Changes in accordance with applicable law
    (“Notice”). Upon receiving the Notice, if you do not agree with the
    modifications, you must stop using Mastercard’s services and systems and may
    refuse the Changes and terminate these Terms by closing your Click to Pay
    profile account within the time specified in the Notice.
 5. Quebec residents only: Despite any other section that refers to termination
    of these Terms, if you are a resident of Quebec, we may terminate your use
    and access to Mastercard services without cause by providing you with sixty
    (60) days’ advance notice of such termination in accordance with applicable
    law.
 6. Law and forum for disputes for residents of Canada other than residents of
    Quebec: These Terms and any dispute or claim you have against Mastercard
    shall be governed in all respects by the laws of the Province of Ontario and
    the federal laws of Canada applicable therein. Except as otherwise agreed by
    the parties or as described in the “Dispute Resolution and Arbitration”
    section above, you agree to submit to the jurisdiction of the courts located
    in Toronto, Ontario for the resolution of any and all claims or disputes you
    may have against Mastercard.
 7. Law and forum for disputes for residents of Quebec: These Terms and any
    dispute or claim you have against Mastercard shall be governed in all
    respects by the laws of the Province of Quebec and the federal laws of
    Canada applicable therein.

III. The following terms apply in AUSTRALIA, NEW ZEALAND, SINGAPORE, HONG KONG,
THAILAND AND MALAYSIA:

 1. The references to binding arbitration, class actions, and waiver of the
    right to go to court do not apply to you if you reside in Australia, New
    Zealand, Singapore, Hong Kong, Thailand, or Malaysia.

IV. The following terms apply in KUWAIT:

 1. The references to binding arbitration and waiver of the right to go to court
    do not apply to you if you reside in Kuwait.

V. The following terms apply in KUWAIT, QATAR, KINGDOM OF SAUDI ARABIA AND
UNITED ARAB EMIRATES:

 1. The Governing Law section is deleted in its entirety and replaced by the
    following: “These Terms are governed by the laws (Laws) of England and Wales
    and is subject to the exclusive jurisdiction of the Dubai International
    Financial Centre (DIFC) Courts. If a lawsuit or legal proceeding is
    permitted under these Terms, then you and Mastercard agree to file eventual
    lawsuit or legal proceeding in the DIFC Courts.

VI. The following terms apply in QATAR, KINGDOM OF SAUDI ARABIA AND UNITED ARAB
EMIRATES:

 1. The Arbitration and Fees provision under the Dispute Resolution and
    Arbitration section is amended to reflect the Arbitration Rules by replacing
    AAA where they appear as follows: “Any arbitration between you and
    Mastercard will be settled under the Arbitration Rules of the Dubai
    International Financial Centre (DIFC) –London Court of International
    Arbitration ((LCIA) Centre, which Rules are deemed to be incorporated by
    reference into this clause.”

United States - English
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