Terms & Agreements
DISCLAIMER
Sara S. Nasr and anyone contributing to the content of this site does not claim
ownership of any alternative healing modality mentioned unless otherwise stated. Alternative therapies are not intended to replace conventional medicine. Seek the advice of your medical doctor/ General Physician/ Therapist if in any doubt. Sara S. Nasr and anyone contributing to the sessions is not responsible for the physical, mental, emotional, or spiritual results you experience before, during, or after the session, no matter what the nature of the results is.
Any posts on social media are of our own musings and are intuitively what we believe to be true. They are not necessarily fact checked. It is your own choice whether or not to accept these musings as true. We make no scientific or medical claims about illness and disease.
We commit to bring forward all our knowledge and expertise in accommodating and reaching your
objectives with you, however we are not promising the attainment of that objective as we are not
in control of the progress, dedication and commitment from the clients end as well as the fact that everybody's spiritual progress varies and results are diverse based on the situation at hand. We cannot confirm and guarantee the outcome of any healing session that is booked with Sara S. Nasr. If you cannot accept this then do not book with Sara S. Nasr.
CANCELLATIONS & REFUNDS
A cancelled appointment delays our work. In the event of a cancellation, please give at least 48
hours notice. If you are unable to provide at least 24 hours notice when you cancel or have a delay of over 15 minutes as we will require at least 45 minutes for each session, you will be charged the full fee for your session. Refunds are within a scope of assessment basis and Sara S. Nasr will review the situation & deduct the necessary admin fee before any agreement to refund. All sessions that have already been facilitated will not be refunded. Mentorships are refunded after deducting the cost of sessions received in full amount alongside a 25% admin fee. All Online Courses are non refundable and non transferable. If for any reason Sara S. Nasr suspects a transfer, they have the right to revoke access to the course after discussion with you.
Sara S. Nasr has the right to unenroll you from any online course or program, and release you as a client at any time if your behavior is destructive, disrespectful, chaotic, or uncoachable in any shape or form without any prior consent. If you do not agree to this. Do not purchase from Sara S. Nasr.
PAYMENTS
Session Payment must be made before the session and prior to course or service purchase (healing, light language, Your Ultimate Alignment program). Each session and course has its own payment section after selection on the website. If you have a specific condition and need to pay through bank transfer or installments then please email us at [email protected] We would love to assist and accommodate you if possible.
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Mastercard:
Right to Use Site Content
We are granting you a limited, nonexclusive, revocable license for you to view, share, print or download any Content, as defined below, from the Mastercard Site for your own personal use. You are not granted the right to license, republish, distribute, copy, assign, sublicense, transfer, sell, prepare of derivative works or other non-personal use any Content on the Mastercard Site. No part of any Content may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical, other than for your personal use. You may not access or use the Mastercard Site in any way that could or is intended to damage or impair the Mastercard Site, or any server or network underlying the Mastercard Site, or interfere with anyone else's use and enjoyment of the Site. You are also granted a limited, revocable, and nonexclusive right to create a hyperlink to the Site or its any Content therein so long as the link does not portray Mastercard, or its products or services in a false, misleading, derogatory, or otherwise offensive matter or imply a sponsorship or endorsement of your site, page or content by Mastercard.
You may not use automated systems (e.g., robots, spiders, etc.) to access the Site. You agree not to collect personally identifiable information of other users of the Site or to sell or otherwise exploit that information.
Except for the limited rights expressly granted herein, all right, title and interest in and to the Mastercard Site and all Content contained therein are reserved and owned by Mastercard.
MASTERCARD RETAINS THE RIGHT TO DENY ACCESS TO THIS SITE TO ANYONE WITHOUT NOTICE AT ITS COMPLETE DISCRETION FOR ANY REASON, INCLUDING FOR VIOLATION OF ANY OF THESE TERMS OF USE, INCLUDING ANY USE RIGHTS.
Changes to the Mastercard Site and Terms of Use
Mastercard reserves the right to change or modify Content, materials or information appearing on or in connection with this Site, including these Terms of Use, at any time without notice to you. Mastercard may at any time revise these Terms of Use by updating this posting. You are bound by such revisions and should therefore visit these pages to review the current Terms of Use from time to time.
Intellectual Property Rights
The Mastercard Site Content is protected by applicable intellectual property laws and all Content is owned by Mastercard or used by Mastercard under a license or with permission. All text, formatting (including without limitation the selection, coordination and arrangement of materials on the Mastercard Site, and the images, graphics, animation, tools, widgets, applications, commercials, videos, music, sounds, articles, copy, creative materials, photos, trademarks, service marks, trade names, and logos, and other materials and information on this Site are subject to the intellectual property rights of Mastercard, its subsidiaries and affiliates, and their respective licensors and licensees (collectively "Content"). Certain features on this website may be covered by, or licensed under, U.S. Patent 6,091,956. These materials may not be copied, reverse engineered, decompiled, disassembled, modified, reposted to other web sites, framed, deep linked to, changed, or otherwise distributed, redistributed, licensed, sublicensed or transferred in any form by you. Nothing contained on the Mastercard Site shall be construed as granting, by implication, estoppel or otherwise, any license or right to make commercial use of any Mastercard trademark, intellectual property right or copyrighted material without Mastercard's prior written permission. The trademarks, logos, trade names and service marks, whether registered or unregistered (collectively the "Trademarks") displayed on the Mastercard Site are Trademarks of Mastercard and its third party alliance partners. Nothing contained on the Mastercard Site should be construed as granting by implication or otherwise, any license or right to use any Trademark displayed on the Mastercard Site without the written permission of Mastercard or such third party that may own the Trademark. Mastercard U.S. Trademarks
Any unauthorized commercial use of these materials will violate Mastercard's intellectual property rights and will be subject to Mastercard's full legal rights and remedies.
Copyright Complaints
In operating the Site, Mastercard may act as a "services provider" (as defined by DMCA) and offer services as online provider of materials and links to third party web sites. As a result, third party materials that Mastercard does not own or control may be transmitted, stored, accessed or otherwise made available using the Site. Mastercard has in place certain legally mandated procedures regarding allegations of copyright infringement occurring on the Site and has adopted a policy that provides for the immediate removal of any content or the suspension of any user that is found to have infringed on the rights of Mastercard or of a third party, or that has otherwise violated any intellectual property laws or regulations, or this Agreement. If you believe any material available through the Site infringes a copyright, you should notify Mastercard using the notice procedure for claimed infringement under the DMCA (17 U.S.C. Sect. 512(c)(2)). Mastercard will respond expeditiously to remove or disable access to the material claimed to be infringing and will follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the Content. You should address infringement notices under the DMCA to: Copyright Agent, Mastercard, 2000 Purchase Street, Purchase, NY 10577, Attn: Law Department or to [email protected].
Please provide the following notice:
Identify the copyrighted work or other intellectual property that you claim has been infringed;
Identify the material on the Site that you claim is infringing, with enough detail so that Mastercard may locate it on the Site;
A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
A statement by you declaring under penalty of perjury that (a) the above information in your notice is accurate, and (b) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner;
Your address, telephone number, and email address; and
Your physical or electronic signature
Mastercard may give notice to its users of any infringement notice by means of a general notice on any of its websites, electronic mail to a user's e-mail address in its records, or by written communication sent by first-class mail to a user's physical address in its records. If you receive such an infringement notice, you may provide counter-notification in writing to the designated agent that includes the information below. To be effective, the counter-notification must be a written communication that includes the following:
Your physical or electronic signature;
Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;
A statement from you under the penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a Federal District Court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which we may be found, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.
Interactive Forums and Groups and Feedback
User Submissions and Conduct
As a user of the Site you may submit your comments, which may consist of textual content and potentially photos, videos, images audio files, other types of content and links to such content if allowed by the Site (collectively referred to as "User Submissions"). You will be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that: the User Submission is your original work and that you own or have the necessary licenses, rights, consents, and permissions to use and authorize Mastercard to use any and all User Submissions in any and all media now known or hereinafter invented without territorial or time limitations and without compensation, and have all necessary consents to collect, use and disclose any personally identifiable information, images or likeness contained or displayed in any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Site and this Agreement. You agree that you will not submit as part of any User Submission any material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner and the necessary consents from any individuals whose personally identifiable information is contained in such material to post the material and to grant Mastercard all of the license rights granted herein. Furthermore, you warrant and represent that you will disclose the existence of any patent registrations or pending applications held by you which relate in any way to your User Submission.
You acknowledge and agree that no confidential relationship or obligation of secrecy or confidentiality is established between you and Mastercard regarding the User Submission, despite any statement or legend to the contrary on the User Submission and any related materials
Ownership and Use of User Submissions
By making a User Submission, you understand that you are granting Mastercard a worldwide, perpetual, royalty-free, fully-paid, irrevocable, sublicensable, transferrable, non-exclusive license in and to the User Submission (including under copyright, patent, and trademark law), including the right to edit, change, and create derivative works, and any concepts or ideas contained in the User Submission, including the documents, artwork, statements, drawings, outlines, proofs, displays, photographs, footage, outtakes, musical scores, audio and video footage, discs, whether in print or electronic form, produced or created by you as part of the User Submission. The license you are granting to Mastercard includes the right of Mastercard and its designees to reproduce the User Submission, prepare other works using the User Submission, combine your User Submission with other works, and alter, translate, distribute copies, display, perform, license and apply for copyright registration of the transformed User Submission in the name of Mastercard throughout the world in perpetuity in any media that now exists or may exist in the future. For example, the above grant permits Mastercard and its designees to use only certain portions of your User Submission, rerecord or modify any audio tracks or visual images you provide, rewrite the User Submission, and/or incorporate other materials, either created by Mastercard or licensed from others, with your Submission. If we create other works using the User Submission, those works will be owned by us and may be used in accordance with these guidelines, and shall not be subject to your approval.
By making a User Submission, you are waiving and agreeing not to assert any copyrights or "moral" rights or claim resulting from our alteration of the Submission or any photograph(s), footage, illustrations, statements or other work contained in the Submission. You are also agreeing to appoint Mastercard as your irrevocable attorney-in-fact with respect to the User Submission, with the right to execute and deliver any documents, in your name and on your behalf, to ensure that Mastercard can use the User Submission that you are licensing in any way Mastercard sees fit to own and protect the rights in any derivative works created from your User Submission, and to have the User Submission removed from any other website or forum.
Upon request of Mastercard, you shall execute and deliver such additional instrument of license, as may be solely deemed by Mastercard, reasonably necessary to establish Mastercard's ability to use the User Submission as it sees fit and that "Moral Rights of Authors" are waived under these Terms and Conditions. Should Mastercard fail to request the said license instrument as stated, that shall not be deemed a waiver of Mastercard's rights and Mastercard may at a later time request the instrument.
Submissions or Feedback
From time to time, we may ask that you for your feedback on Mastercard's Site and products and/or services. Any communication or material you transmit or post will be (a) treated as non-confidential and non-proprietary by Mastercard, (b) become the property of Mastercard and Mastercard shall exclusively now and hereinafter own all rights, title and interest therein, and (c) used without restriction by Mastercard licensees and affiliates at its sole discretion without any obligation, compensation or other liability to you. Such use may be for any purpose whatsoever, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting whole or in part, in any medium and in any manner, now known or later developed, on this Site or otherwise. And Mastercard shall be under no obligation to respond to any such communication. Notwithstanding the foregoing, Mastercard maintains a policy of not accepting or considering any creative ideas, suggestions or materials from the public regarding its products and services ("Submissions"), and therefore, you should not make any Submissions to Mastercard in any communications through this Site or otherwise. Nonetheless, if you do send us a Submission, despite our request not to do so, then such Submission shall immediately become the property of Mastercard and Mastercard shall exclusively now and hereinafter own all rights, title and interest therein. Furthermore, Mastercard shall be free to use any Submissions for any purpose whatsoever, including, but not limited to, developing and marketing products and services. Mastercard shall not be liable for such use or disclosure of such Submission or for any similarities in the Submission and any future Mastercard products and services.
Merchant and Merchants Offers
Merchants may provide to Mastercard certain discounts, rebates or other benefits (e.g. free shipping) on the purchases of goods and services ("Offers") that will be available on the Mastercard Site. Such Offers are subject to certain terms and conditions and may change at any time without notice to you. Mastercard will not be liable for any loss or damage incurred as a result of any interaction between you and a merchant with respect to such Offers. Except as set forth herein, all matters, including but not limited to delivery of goods and services, returns, and warranties are solely and strictly between you and the applicable merchants. You acknowledge that Mastercard and does not endorse or warrant the merchants that are accessible through the Mastercard Site nor the Offers that they provide.
Sweepstakes
From time to time, We make you aware of certain Mastercard related sweepstakes or other promotions. All such sweepstakes and promotions are subject to the Official Rules for such sweepstakes and promotions and all related applicable laws, regulations and statutes.
Third-Party Content and Links to Other Web Sites
The Mastercard Site may contain third party content and links to other web sites that are completely independent of this Site. Third-party content and links are included solely for the convenience of users and do not constitute any approval, endorsement or warranty by Mastercard. Moreover, Mastercard is not responsible for the accuracy, completeness, or reliability of third-party information, or the products or services offered or sold through any linked webs site and you assume sole responsibility for the use of third-party information. Any agreements, transactions, or other arrangements made between you and such third party are made solely at your own risk. When you click on a third-party link, you will leave the Mastercard Site. Any personal information you submit on the resulting site will not be collected or controlled by Mastercard but will be subject to the privacy notice or terms of use of the resulting site. Please review the privacy policy and terms of use of the resulting site for more information on its privacy practices.
Privacy Policy
Mastercard recognizes the importance of respecting the privacy of those who visit and choose to take advantage of the programs and information offered on our web sites. The Mastercard Global Privacy Notice (linked below) provides an overview of what you can expect when you enroll in one of our programs or simply browse the Mastercard Site. Different or program specific policies may be applicable to our country-specific or program-specific pages. Please see the link at the bottom of any page for the applicable version of our policy. Click here to view our Global Privacy Notice.
Indemnification
You agree to indemnify, defend and hold Mastercard and its business partners, staff and affiliates harmless from any liability, loss, claim and expense, including reasonable attorneys' fees and expenses, related to either your violation of these Terms of Use or your use of the Site. You will indemnify and hold Mastercard harmless from and against any claim, suit or proceeding brought against Mastercard arising from or in connection with violations of copyright or other intellectual property or other rights of third parties contained in your User Submissions and/or any other violation of law or breach of contract obligations relating to the User Submissions. You will indemnify and hold Mastercard harmless from and against any claims, damages and costs resulting directly or indirectly from the use, disposition, reproduction, publication or public communication of the User Submission.
Disclaimer of Warranties
While Mastercard will use reasonable efforts to ensure that all material on this Site is correct; however, accuracy cannot be guaranteed and Mastercard does not assume any responsibility or liability for the accuracy, completeness or authenticity of any information contained in this Site.
THE MASTERCARD SITE AND ALL CONTENT CONTAINED HEREIN ARE PROVIDED TO YOU "AS IS," AND "AS AVAILABLE," AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE HEREBY DISCLAIMED, INCLUDING ANY WARRANTY OF MERCHANTABILITY, TITLE/NONINFRINGEMENT, QUALITY OF INFORMATION, OR FITNESS FOR A PARTICULAR PURPOSE. NO INFORMATION OBTAINED BY YOU FROM MASTERCARD THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITATION, MASTERCARD DISCLAIMS ALL WARRANTIES REGARDING THE AVAILABILITY OF THE SITE, THAT THE MASTERCARD SITE WILL OPERATE ERROR-FREE, THAT DEFECTS WILL BE CORRECTED OR THAT THE MASTERCARD SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THIS SITE IS AT YOUR OWN RISK, ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THIS SITE IS PROVIDED AT YOUR OWN RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR ANY DATA LOSS THAT MAY RESULT FROM YOUR USE OF THE SITE, INCLUDING WITHOUT LIMITATION, DAMAGE RESULTING FROM COMPUTER VIRUSES. PLEASE NOTE THAT SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
Disclaimer of Damages and Limitation of Liability
IN NO EVENT SHALL MASTERCARD OR ITS AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, CONSEQUENTIAL OR OTHER DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO 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 BUT NOT LIMITED TO CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTIONS) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OR ACCESS OF THE MASTERCARD SITE OR ITS CONTENT, EVEN IF MASTERCARD OR ITS BUSINESS PARTNERS, EMPLOYEES, REPRESENTATIVES OR AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS. IN NO EVENT SHALL MASTERCARD'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU, IF ANY, OR ONE HUNDRED DOLLARS ($100) (WHICHEVER IS LESS), FOR ACCESSING OR PARTICIPATING IN ANY ACTIVITY RELATED TO ANY MASTERCARD SITE. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
Inapplicability of Terms of Use to any Mastercard Payment Card Cardholder Agreement
Mastercard is a leading payment services organization. Mastercard is not a financial institution and does not issue credit, debit, check or payment cards of any type of nature. Your Mastercard branded payment card relationship is with an issuing bank or financial institution, and not with Mastercard directly. Any and all questions or issues regarding your Mastercard branded payment card or cardholder account should be directed to the bank or financial institution that issued your card, and not to Mastercard. While Mastercard has a relationship with your issuing bank or financial institution, that relationship does not pertain to individual cardholders or payment card accounts.
The Mastercard Site is operated by Mastercard and its affiliates.
Miscellaneous
These Terms of Use shall be construed, interpreted and performed exclusively according to the laws of the State of New York, United States of America, without giving effect to any principles of conflicts of law. You expressly agree that any action at law or in equity arising out of or directly or indirectly relating to these Terms of Use or this Site shall be filed only in the federal or state courts sitting in New York. You hereby consent and submit to personal jurisdiction of such courts for the purposes of any action related to the Mastercard Site, your access or use thereof, or these Terms of Use, and to extra-territorial service of process.
Content and software from the Mastercard Site may be subject to U.S. export jurisdiction and the import jurisdiction of other countries. In connection with your use of this Site, you are solely responsible for complying with all applicable export, re-export, and import control laws and regulations of all applicable jurisdictions, including, but not limited to, those of the U.S. Department of Commerce, Export Administration Regulations, 15 CFR Parts 730-774, the International Traffic in Arms Regulations, country-specific economic sanctions programs implemented by the Office of Foreign Assets Control and export and import control laws and regulations of any other countries. You may not, directly or indirectly, use, distribute, transfer or transmit content or software from this Site, whether by way of a direct product or of such materials or products, software, or other technical information into which content or software from this Site has been incorporated, except in compliance with all applicable export and import laws and regulations of all relevant jurisdictions.
These Terms of Use may not be assigned by you. Mastercard may assign its rights and obligations set forth in these Terms of Use at any time. Should any part or provision of these Terms of Use be held unlawful, void, invalid or unenforceable, that portion shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions. Except as provided herein, these Terms of Use constitute the entire agreement between you and Mastercard pertaining to their subject matter. Certain provisions of these Terms of Use may be superseded or added to by designated legal notices or terms located on particular pages, applications, tools or other materials that you may access within this Site. Mastercard's failure to enforce any provision of these Terms of Use or any additional terms shall not be deemed a waiver of such provisions nor of its right to enforce such provision. These Terms of Use and any related documents may be accepted in electronic form (e.g., by an electronic or other means of demonstrating assent) and your acceptance will be deemed binding between you and Mastercard. You hereby agree, without limitation, that you not will contest the validity or enforceability of these Terms of Use and any related documents.
©2015 Mastercard. Mastercard, Priceless, and the Mastercard Brand Mark are registered trademarks of Mastercard International Incorporated. Sponsor: Mastercard International Incorporated, 2000 Purchase Street, Purchase, NY 10577
Customer Service and Contact Information
General Counsel
Mastercard International Incorporated
2000 Purchase Street
Purchase, NY 10577 USA
Phone: 1-800-MASTERCARD (1-800-627-8372)
Visa:
- The Visa Solution
The Visa Solution is operated by Visa U.S.A. Inc. (“Visa”). Contact information for Visa is included under Contact Us below.
As used in these Terms, the term "Visa Solution" shall mean all of the following: all Visa Click to Pay and/or Visa Checkout features, functionality and services, now available or added in the future, whether branded as Visa Click to Pay, Visa Checkout or a different name, and whether available through the Visa Solution 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 the Visa Solution, and the selection and arrangement thereof (collectively, "Content"); and Visa's hardware, software and networks associated with making the Visa Solution available to you (collectively, the "Visa Solution System").
The Visa Solution offers you (i) the ability to store payment account and other related information such as e-mail address, mobile phone number, and billing and shipping addresses ("Card Details") for your Visa credit, debit and reloadable prepaid cards and other cards or payment methods that Visa has decided are eligible to be used with the Visa Solution ("Eligible Cards"); and (ii) the ability to use the Visa Solution to share your Card Details with merchants, or other third parties, that display the Click to Pay icon where Visa is accepted or that display the Visa Checkout mark, to allow them to process a transaction. Visa may automatically update certain Card Details such as card number and expiration date, as provided by the financial institution or other entity which issued your Eligible Card(s) (“Issuer”).
Your Issuer may provide additional information about your Eligible Card(s), such as the availability of rewards points, installments options, and other Eligible Card(s) benefits. If so, we present this information to you in the Visa Solution as-is, as received from the Issuer of your Eligible 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 the Visa Solution, 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 Visa Eligible Card payment account number (a token) to be used in order to help protect your Eligible Cards. You agree that the merchant or other applicable third party can transmit information about the transaction to the applicable network for your Eligible Card and that your transaction will be paid for using the Eligible Card you have selected.
You acknowledge that the Card Details stored or provided through use of the Visa Solution are provided by you or, in certain jurisdictions, on your behalf by your Issuer or a merchant or third party, and contain personal financial information. You may only use Eligible Cards in connection with the Visa Solution 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 the Visa Solution or provide through use of the Visa Solution. 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 cards, 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.
The Visa Solution is not a bank or payment account and does not offer any credit to you or a merchant. Any transaction that you make using the Visa Solution will be reflected in the account which relates to the Eligible Card you use for the transaction. Payment of that account is solely a matter between you and the Issuer of the Eligible Card.
- Important Notice About Your Transactions
WHILE THE VISA SOLUTION HELPS FACILITATE THE TRANSACTION, VISA IS NOT A PARTY TO THE TRANSACTION AND THE PAYMENT TO OR FROM A MERCHANT IN CONNECTION WITH YOUR USE OF THE VISA SOLUTION, 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 THE VISA SOLUTION, YOU MUST CONTACT THE APPLICABLE MERCHANT AND/OR THE ISSUER OF THE ELIGIBLE 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 THE VISA SOLUTION, YOU ARE SOLELY RESPONSIBLE FOR SETTLING THE DISPUTE DIRECTLY WITH THE MERCHANT OR VIA YOUR ISSUER. DUE TO HOW THE VISA SOLUTION FUNCTIONS, VISA IS NOT A PARTY TO THE TRANSACTION.
- Service Terms
The Visa Solution may not be available to all Eligible Cards. Furthermore, Visa may, in its sole discretion, remove Eligible Cards from the Visa Solution or prevent Eligible Cards from being activated for the Visa Solution, and Visa may also revise at any time the eligibility of specific or general credit, debit and reloadable prepaid cards and other cards or payment methods that constitute Eligible Cards.
- Eligibility
The Visa Solution is only available to individuals who are:
(i) residents of one of the following jurisdictions: Argentina, Australia, Austria, Brazil, Canada, Chile, China (mainland and Hong Kong), Colombia, Czech Republic, Denmark, Dominican Republic, Finland, France, Germany, Hungary, India, Ireland, Italy, Kuwait, Malaysia, Mexico, Netherlands, New Zealand, Norway, Peru, Poland, Qatar, Saudi Arabia, Singapore, Slovakia, South Africa, Spain, Sweden, Switzerland, Ukraine, the United Arab Emirates, the United Kingdom, or the United States (including its territories), as each jurisdiction is made available (the "Eligible Jurisdictions");
(ii) the legal age of majority in their jurisdiction, province or territory of residence;
(iii) able to access the Internet on a computer or other device; and
(iv) the cardholder or authorized user of one or more Eligible Cards, and in good standing with respect to their Eligible Card accounts.
Access to the Visa Solution from any location where it is illegal or otherwise restricted is prohibited. If your jurisdiction of residence changes, you must promptly un-register from the Visa Solution 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 the Visa Solution becomes available in your new location.
- Registration and Security
If you choose to register in or activate an Eligible Card for the Visa Solution, you agree to provide us with true, accurate, current and complete information about yourself and update us if there are changes to the information. To the fullest extent permissible by applicable law, 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 the Visa Solution. If Visa has reasonable grounds to suspect that any information you provided to us is untrue, inaccurate or incomplete, Visa may suspend or terminate your registration in or use of the Visa Solution and refuse any and all current or future use of the Visa Solution (or any portion thereof) by you.
As a part of your registration, you are required to establish a username and in some markets may be required to establish a password. These pieces of data are used to authenticate you when you use the Visa Solution. If you are required to establish a password, for your protection, you should choose a password that is unique to the Visa Solution, and memorize your username and password and not keep notation of your password on or with your personal computer, tablet, mobile device or other device used to access the Visa Solution. You are responsible for protecting the confidentiality of your username and password(s), if any. In addition, if you choose to be remembered on your device or browser, or link your use of the Visa Solution with a digital wallet, on one or more device(s), you are responsible for protecting the safety of and access to such device(s). It is important that you do so since we are not responsible for any losses you incur as a result of unauthorized use of your Eligible Card and, depending on the circumstances, your Issuer may hold you responsible for unauthorized use of your Eligible Card account. You agree to notify Visa immediately of any unauthorized use of your username, password, if applicable, or Eligible Card in the Visa Solution, or if your device(s) on which you’ve chosen to be remembered, or linked your use of the Visa Solution with a digital wallet, has been lost or stolen or otherwise suffered unauthorized access, or any other actual or potential security breach relating to your use of the Visa Solution. Visa reserves the right to remove your Eligible Cards from, or suspend or terminate your use of, the Visa Solution and/or, if you have a password, require you to change your password, if Visa believes it is no longer secure.
You are responsible for use of your Eligible Cards in the Visa Solution and for ensuring that use of or access to the Visa Solution complies fully with these Terms.
You acknowledge that Visa may send a one-time passcode to your email and/or mobile phone to verify it's you when you use the Visa Solution.
We regularly review the security measures for the Visa Solution. However, we cannot guarantee that information you transmit via the Internet is entirely secure.
- Cardholder Agreements
These Terms do not amend or otherwise modify any agreement with your Issuer in respect of an Eligible 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 the Visa Solution, and your Cardholder Agreement with your Issuer governs the relationship between you and your Issuer. You are responsible for ensuring that your use of the Visa Solution complies with any Cardholder Agreement.
- Charges, Fees and Taxes
You are solely responsible for acquiring any hardware, device, software, wireless and Internet access, and other items required for you to use or access the Visa Solution, 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 Eligible Cards you use in connection with the Visa Solution and for any taxes or tax reporting obligations in connection with your use of the Visa Solution.
- Privacy
Visa processes your personal information as necessary to provide the Visa Solution 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 the Visa Solution, and any data privacy choices you may have, please read the Visa Global Privacy Notice.
If you use other services operated by your issuer, a merchant or any other third party (including where those services are available through the Visa Solution), separate privacy notices may apply.
The Visa Solution uses Google auto-fill functionality to streamline the Visa Solution experience. To the extent that Google processes your personal information, it does this in accordance with its terms of service and privacy policy.
You are responsible for ensuring the personal information associated with your account remains adequate and up-to-date.
- Proprietary Rights
All ownership rights in the Visa Solution, 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.
- License Grant
Visa grants to you a limited, revocable, non-exclusive, non-sublicensable and otherwise non-transferable license to use the Visa Solution in accordance with these Terms for so long as you are registered in the Visa Solution. Visa may in its sole discretion suspend, discontinue or terminate this license at any time, for any reason. All rights not expressly granted to you are reserved by Visa, its Affiliates or their licensors.
- Feedback
If you submit feedback or suggestions about the Visa Solution, we may use your feedback or suggestions without obligation to you.
- 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 the Visa Solution. In addition, you agree:
to use the Visa Solution only as permitted by law;
not to use the Visa Solution in breach of these Terms;
not to disrupt or interfere with the security or operation of, or otherwise abuse, the Visa Solution, or any part of the Visa Solution;
not to attempt to obtain unauthorized access to the Visa Solution or portions of the Visa Solution that are restricted from general access;
not to use the Visa Solution 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 the Visa Solution in any form, or store or incorporate the Visa Solution 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 the Visa Solution or any portion thereof;
not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Visa Solution and/or take any action that imposes an unreasonable or disproportionately large burden on the Visa Solution 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.
- Disclaimer of Warranties and Limitation of Liability
THE VISA SOLUTION, IN WHOLE AND IN PART, INCLUDING ALL SERVICES, IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT EXPRESS OR IMPLIED WARRANTIES OF ANY KIND, INCLUDING WARRANTIES OF TITLE, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT GUARANTEE THAT THE VISA SOLUTION SYSTEM IS VIRUS-FREE OR THAT ACCESS TO THE VISA SOLUTION WILL BE FREE FROM INTERRUPTIONS. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOU ASSUME SOLE RESPONSIBILITY AND RISK FOR YOUR USE OF THE VISA SOLUTION, AND THE RESULTS AND PERFORMANCE THEREOF.
IN NO EVENT AND UNDER NO CAUSE OF ACTION, INCLUDING NEGLIGENCE, SHALL VISA AND ITS AFFILIATES, AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, CUSTOMERS, MEMBERS, EMPLOYEES OR AUTHORIZED AGENTS (COLLECTIVELY, THE "VISA PARTIES") BE LIABLE FOR ANY DAMAGES, CLAIMS OR LOSSES INCURRED (INCLUDING COMPENSATORY, INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES), HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, ARISING FROM OR IN CONNECTION WITH THE VISA SOLUTION AND/OR THESE TERMS, EVEN IF A VISA PARTY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, CLAIMS OR LOSSES.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE VISA PARTIES SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR: (I) YOUR USE OF OR INABILITY TO USE THE VISA SOLUTION 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 THE VISA SOLUTION, INCLUDING YOUR FAILURE TO RECEIVE OR INABILITY TO RETURN SUCH GOODS, SERVICES OR INFORMATION; (III) DISPUTES BETWEEN YOU AND A MERCHANT; (IV) ANY INACCURACY, INCOMPLETENESS OR MISINFORMATION CONTAINED IN ANY INFORMATION PROVIDED THROUGH THE VISA SOLUTION, INCLUDING INFORMATION PROVIDED BY YOUR ISSUER OR OTHER THIRD PARTIES; (V) UNAUTHORIZED ACCESS TO, OR ALTERATION OR LOSS OF, YOUR TRANSMISSIONS, DATA OR OTHER INFORMATION THAT IS COLLECTED, STORED OR SENT IN CONNECTION WITH THE VISA SOLUTION; (VI) ERRORS, SYSTEM DOWN TIME, NETWORK OR SYSTEM OUTAGES, FILE CORRUPTION OR SERVICE INTERRUPTIONS; OR (VII) ANY OTHER USE BY YOU OF THE VISA SOLUTION. IN ADDITION, THE VISA PARTIES SHALL NOT BE LIABLE FOR ANY FAILURE TO PERFORM ANY OBLIGATIONS CONTAINED IN THESE TERMS DUE TO, DIRECTLY OR INDIRECTLY, THE FAILURE OF ANY EQUIPMENT, TRANSMISSION OR DELIVERY PROBLEMS, OR ANY INDUSTRIAL DISPUTE, WAR, NATURAL DISASTER, ACT OF TERRORISM, EXPLOSION, ACT OF GOD OR ANY OTHER EVENT BEYOND OUR CONTROL.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE VISA PARTIES' CUMULATIVE LIABILITY TO YOU ARISING FROM ANY CAUSE OF ACTION WILL AT ALL TIMES BE LIMITED TO THE LESSER OF (A) YOUR ACTUAL LOSS OR (B) US$100 (OR EQUIVALENT IN LOCAL CURRENCY).
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER, EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES, LIABILITIES AND DAMAGES, SO SOME OF THE ABOVE DISCLAIMERS, EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, THE VISA PARTIES’ LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. 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 WHICH IT WOULD BE ILLEGAL FOR THE VISA PARTIES TO EXCLUDE OR LIMIT OR ATTEMPT TO EXCLUDE OR LIMIT LIABILITY.
- No Endorsements; Disputes with Merchants
Visa does not endorse or sponsor, and is not responsible for: (i) Issuers or operators of payment networks or digital wallets or other third parties that help facilitate the checkout experience or that you may use in connection with Visa Solution; (ii) the goods or services purchased or transactions made in connection with the Visa Solution; (iii) honoring or fulfilling goods or services purchased or transactions made in connection with the Visa Solution; and (iv) the merchants whose goods or services may be purchased or with whom a transaction is made in connection with the Visa Solution.
- Third Party Websites, Content and Resources
The Visa Solution 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 the Visa Solution.
- Modification of the Visa Solution and these Terms; Termination
Visa may, in its sole discretion, terminate, change, modify, suspend, make improvements to or discontinue any or all aspects of the Visa Solution, temporarily or permanently, including the availability of any portion of the Visa Solution at any time with or without notice to you and you agree that Visa shall not be liable to you or to any third party as a result of taking any of these actions. Your continued use of the Visa Solution after any changes, modifications or improvements have been made to any or all aspects of the Visa Solution will be construed to be your acceptance of such changes, modifications or improvements, and the applicability of these Terms to the Visa Solution with such changes, modifications or improvements.
If you do not agree with any of these Terms, you must not use the Visa Solution. Visa reserves the right, in its sole discretion, to modify these Terms at any time. Visa may change these Terms by posting a new version with notice that we deem to be reasonable in the circumstances, including such notice on our Website or any other website maintained for the purposes of providing the Visa Solution. We will always post the most recent version of these Terms at the Website. The most recent modification date will be noted by the "Last Updated" date below. To the fullest extent permitted under applicable law, your continued use of or participation in the Visa Solution after any such modification constitutes your acceptance of these Terms as modified.
You may terminate your use of the Visa Solution at any time, including if you are not happy with changes we make to the Terms. You can un-register from the Visa Solution by following the instructions in the Customer Support section of the Visa Solution website. Visa may suspend, discontinue or terminate your access to or use of the Visa Solution at any time, immediately and without prior notice or obligation to you, (i) if you violate any of these Terms, or (ii) for any other commercially reasonable reason, in Visa's sole discretion. Visa shall not be liable to you for any suspension, discontinuance, termination, change or modification of your use of or access to the Visa Solution. Upon termination, you remain liable for all payments and other obligations you have incurred under these Terms.
- General Terms
- Notices.
You agree that Visa may provide you with notices and other disclosures in connection with the Visa Solution 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" and are deemed to be delivered to you on the earlier of the date actually received or five days from the date of posting or dissemination. We are not obligated to provide any additional hard copy communications to you related to your use of Visa Solution.
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 Solution account username to access information electronically or to conduct any activity regarding your Visa Solution account.
- 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.
- Entire Agreement.
These Terms constitute the entire agreement between Visa and you with respect to your use of the Visa Solution.
- 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.
- 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.
- 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.
- Indemnification.
To the greatest extent permitted by applicable law, you agree to indemnify, defend and hold harmless the Visa Parties from any loss, liability, claim, or demand, damages, fines and costs, due to, in connection with or arising out of your breach of these Terms.
- Dispute Resolution & Governing Law.
To the fullest extent permitted by law, you and Visa agree that:
(1.) if you are a resident of an Eligible Jurisdiction other than those in (2.) below, the following governing law and arbitration provision applies:
THIS SECTION CONTAINS AN ARBITRATION PROVISION. PLEASE READ THIS PROVISION CAREFULLY. IT PROVIDES THAT ANY CLAIM RELATING TO THE VISA SOLUTION OR THESE TERMS SHALL BE RESOLVED BY BINDING ARBITRATION. IN ARBITRATION NEITHER YOU NOR VISA WILL HAVE THE RIGHT TO LITIGATE CLAIMS IN COURT, OR TO HAVE A JURY TRIAL ON THE CLAIMS. CLAIMS MAY BE ARBITRATED ONLY ON AN INDIVIDUAL BASIS. PRE-HEARING DISCOVERY RIGHTS AND POST-HEARING APPEAL RIGHTS WILL BE LIMITED, BUT THE ARBITRATOR CAN AWARD DAMAGES AND RELIEF AS PERMITTED UNDER THESE TERMS.
Any dispute, cause of action, claim or controversy arising out of or relating to the Visa Solution or these Terms, including the formation, interpretation, breach, performance, termination, enforcement, interpretation or validity of these Terms, the validity and enforcement of this provision, and the determination of the scope or applicability of the agreement to arbitrate (referred to in this section h(1) as a "Dispute") that can be subject to arbitration, shall be resolved exclusively pursuant to the process and arbitration clause set out in this section. Any Disputes between you and Visa shall be resolved through binding arbitration; except that, if you are a US resident, you may assert claims in small claims court (if your claims qualify). This arbitration clause only applies to Disputes with Visa regarding the Visa Solution. If you have a dispute with your Eligible Card Issuer you must resolve that dispute with your Issuer.
Any arbitration between you and Visa shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures if you reside in the United States and JAMS’ International Arbitration Rules if you reside outside the United States, to the extent that those rules do not conflict with this provision. You may obtain a copy of these rules by contacting JAMS at 1-800-352-5267, by writing to JAMS at 620 Eighth Avenue, 34th Floor, New York, NY 10018 or online at www.jamsadr.com or www.jamsinternational.com/.
ANY CLAIM SHALL BE ARBITRATED ON AN INDIVIDUAL BASIS. THIS MEANS THAT BOTH YOU AND VISA ARE PROHIBITED FROM JOINING OR CONSOLIDATING CLAIMS IN ARBITRATION BY OR AGAINST OTHERS UNLESS BOTH YOU AND VISA AGREE OTHERWISE IN WRITING, AND YOU AND VISA ARE PROHIBITED FROM ARBITRATING ANY CLAIMS AS A REPRESENTATIVE OR MEMBER OF A CLASS. BY ENTERING INTO THESE TERMS, YOU AND VISA ARE EACH WAIVING THE RIGHT TO PARTICIPATE IN A CLASS ACTION. 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. Residents of the Eligible Jurisdictions in the Middle East shall arbitrate in the Dubai International Financial Centre 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. If for any reason a Dispute proceeds in court rather than in arbitration you and Visa both waive any right to a jury trial.
You may elect to hire an attorney, but are not required to do so. Each party will be responsible for its own attorney fees and costs, unless awarded by the arbitrator under applicable law. The party that initiates the arbitration will pay the filing fee (unless otherwise dictated by JAMS due to a finding of hardship). Visa will advance all other administration, case management and arbitrator fees associated with the arbitration, through payment directly to JAMS. At the end of the arbitration, the fees paid by Visa may be allocated between you and Visa at the direction of the arbitrator in compliance with JAMS procedures.
All issues are for the arbitrator to decide, including issues relating to the scope and enforceability of this arbitration provision. Any decision of the arbitrator shall be final. Judgment on the award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. Visa’s liability is limited as described in Section 13 above, to the fullest extent permitted by applicable law.
These Terms and the rights of the parties hereunder shall be governed by and construed in accordance with the laws of the State of Delaware exclusive of conflict or choice of law rules.
If the arbitration provision in this section is found to be unenforceable, or the waiver of class action rights is found to be unenforceable for any reason in a case in which class action allegations have been made, then the governing law and forum selection provisions described in (2.) below shall apply.
The remainder of this section applies to US residents:
The arbitrator cannot award punitive or exemplary damages, except as may be required by statute, or any pre-award interest; nor may the arbitrator award any incidental, indirect or consequential damages, including damages for lost profits or harm suffered by third parties. Any relief afforded cannot affect other Visa Solution users. The parties acknowledge that these Terms evidence a transaction involving interstate commerce. Notwithstanding the provision in the preceding paragraph with respect to applicable substantive law, any arbitration conducted pursuant to the Terms and this section shall be governed by the Federal Arbitration Act (9 U.S.C., Secs. 1-16).
(2.) if you are a resident of (i) Argentina, Brazil, Canada, Dominican Republic or an Eligible Jurisdiction in Europe, (ii) any Eligible Jurisdiction in which the arbitration provision in paragraph (1.) above is found to be unenforceable, or (iii) any other Eligible Jurisdiction where the waiver of class action rights is found to be unenforceable for any reason in a case in which class action allegations have been made, then the following shall apply: (x) any disputes, claims or causes of action arising out of or in connection with these Terms or the Visa Solution will be governed by and construed under the laws of the Eligible Jurisdiction of your residence; and (y) any disputes, claims or causes of action arising out of or in connection with these Terms or the Visa Solution shall be resolved within the competent civil courts residing within such Eligible Jurisdiction. Any mandatory consumer protection law remains applicable.
- Assignment.
You may not assign these Terms, by operation of law or otherwise, without Visa's prior written consent. Visa reserves the right to assign these Terms, and the rights and obligations hereunder, to any third party without notice to or 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 the Visa Solution at any time, including if you are not happy with our assignment of these Terms.
- Country Specific Provisions.
- Argentina Residents Only
Consumer protection regulations provide that legal entities that market, sell, or provide services to consumers or users within the City of Buenos Aires and have an internet page, should include a link to the “Dirección General de Defensa y Protección al Consumidor.” In order to contact the “Dirección General de Defensa y Protección al Consumidor” for questions and complaints please go to: www.argentina.gob.ar/defensadelconsumidor.
- Austria Residents Only
Notwithstanding the paragraphs on limitation of liability in Section 13 above or any other statements regarding Visa’s limitation of liability, the following will apply to Austrian residents:
VISA'S LIABILITY FOR DAMAGES (SCHADENERSATZHAFTUNG) CAUSED BY SLIGHT NEGLIGENCE (LEICHTE FAHRLÄSSIGKEIT) SHALL BE EXCLUDED.
THE AFORESAID LIMITATION OF LIABILITY SHALL NOT APPLY TO ANY MANDATORY STATUTORY LIABILITY, IN PARTICULAR TO LIABILITY ARISING FROM WARRANTY CLAIMS (GEWÄHRLEISTUNGSANSPRÜCHE), CLAIMS UNDER THE AUSTRIAN PRODUCT LIABILITY ACT (PRODUKTHAFTUNGSGESETZ) AND LIABILITY FOR PERSONAL INJURIES (PERSONENSCHÄDEN). IN ADDITION, THE LIMITATION OF LIABILITY SHALL NOT APPLY IF AND TO THE EXTENT VISA HAS ASSUMED A SPECIFIC GUARANTEE OR A SPECIFIC OBLIGATION IN RELATION TO THE MATTER GIVING RISE TO SUCH LIABILITY.
- Residents of People’s Republic of China (excluding Hong Kong Special Administration Region, Macau Special Administration Region and Taiwan) Only
You acknowledge that the Visa Solution is only available for use by you in cross-border foreign currency transactions with merchants outside of the Mainland of the People’s Republic of China. Any merchants in the Mainland of the People’s Republic of China offering the Visa Solution are only authorized to do so for non-residents of the Mainland of the People’s Republic of China.
iii. Germany Residents Only
Notwithstanding the paragraphs on limitation of liability in Section 13 above or any other statements regarding Visa’s limitation of liability, the following will apply for residents of Germany:
VISA'S CONTRACTUAL AND STATUTORY LIABILITY FOR DAMAGES CAUSED BY SLIGHT NEGLIGENCE SHALL, IRRESPECTIVE OF ITS LEGAL GROUND, BE LIMITED AS FOLLOWS:
(A) VISA SHALL BE LIABLE UP TO THE AMOUNT OF THE FORESEEABLE DAMAGES TYPICAL FOR THIS TYPE OF CONTRACT DUE TO A BREACH OF MATERIAL CONTRACTUAL OBLIGATIONS;
(B) VISA SHALL NOT BE LIABLE DUE TO A BREACH OF ANY NON-MATERIAL CONTRACTUAL OBLIGATIONS AND NOR FOR THE SLIGHTLY NEGLIGENT BREACH OF ANY OTHER APPLICABLE DUTY OF CARE APPLICABLE.
THE AFORESAID LIMITATIONS OF LIABILITY SHALL NOT APPLY TO ANY MANDATORY STATUTORY LIABILITY, IN PARTICULAR TO LIABILITY UNDER THE GERMAN PRODUCT LIABILITY ACT (PRODUK-THAFTUNGSGESETZ), AND LIABILITY FOR CULPABLY CAUSED PERSONAL INJURIES. IN ADDITION, SUCH LIMITATIONS OF LIABILITY SHALL NOT APPLY IF AND TO THE EXTENT VISA HAS ASSUMED A SPECIFIC GUARANTEE.
SUB-SECTIONS (A) AND (B) SHALL APPLY ACCORDINGLY TO VISA'S LIABILITY FOR FUTILE EXPENSES.
YOU SHALL BE OBLIGED TO TAKE ADEQUATE MEASURES TO AVERT AND REDUCE DAMAGES.
- India Residents Only
The Visa Solution is offered in India by Visa Worldwide Pte. Limited.
- Survival.
Despite termination of these Terms, these Terms continue to apply to any use of the Visa Solution 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 the Visa Solution, including without limitation, the Dispute Resolution & Governing Law section.
- Contact Us.
If you have any questions or concerns about the Visa Solution, 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 U.S.A. Inc., Visa Solution, 900 Metro Center Blvd., Foster City, CA 94404-2172, USA, or Email us.
Last Updated: January 25, 2022
© 2021 Visa. All rights reserved.
SESSIONS & COURSES
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Clients can discontinue at any point (within terms of cancellation policy above).
Sara S. Nasr reserves the right to discontinue sessions at any time without any obligation to refunds.
CONFIDENTIALITY
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COMPLAINTS
โWe hope that you are satisfied with the service you receive from us, however, if you have any complaints or concerns regarding the service, please feel free to discuss these at any time at [email protected]
Upon booking or purchasing any service or product through this website or upon booking your Frequency Upgrade call with Sara S. Nasr, you automatically agree to and accept these Terms & Agreements per the content of this document.