Priceless Terms of Use
Introduction:
Welcome to the priceless™ website. The priceless™ website (the "Site") is a promotional program bringing priceless™ experiences, offers, card benefits and content to Mastercard cardholders by Mastercard Europe SA ("Mastercard"). The Site provides you with access to a priceless™ World of experiences, promotional offers, card benefits and relevant content. Please read these terms of use carefully before signing up on the Site or using the Site, and keep them for your records. Your visit to the Site is subject to these Terms of Use, and additional policies published by Mastercard in the Site, as amended (hereinafter referred to collectively as the "Terms of Use"). The Terms of Use set forth the terms applicable to your use of the Site. BY USING THE SITE YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREED TO BE BOUND BY THE TERMS OF USE. IF YOU HAVE ANY QUESTIONS ON THE TERMS OF USE, YOU SHOULD CONSULT WITH A LAWYER BEFORE USING THIS SITE.
If you do not agree to the Terms of Use, do not access the site or use the Site.
In these Terms of Use, the words "you" and "your" mean the person who has accessed the Site, as defined below, and/or has signed up for participation in the Program. The words "we," "us" and "our" mean Mastercard. "Site" means http://www.priceless.com or such other website as we may establish for the priceless™ program (the "Program").
- The Site
- Right to Use Site Content
- Changes to the Mastercard Site Terms of Use
- Termination
- Intellectual Property Rights
- Copyright Complaints
- Submissions or Feedback
- Merchant and Merchants Offers
- Contests and Sweepstakes
- Third Party Content and Links to Other Web Sites
- Privacy Notice
- Indemnification
- Disclaimer of Warranties
- Disclaimer of Damages and Limitation of Liability
- Inapplicability of Terms of Use to any Mastercard Payment Card Cardholder Agreement
- MISCELLANEOUS
- CUSTOMER SERVICE
The Site is a benefit for Mastercard cardholders. We are bringing to you a priceless™ "World" of adventures, offers, experiences and other benefits. Benefits of the Site include one of a kind offers and experiences. Email reminders can be set to keep you up to date on the latest offers and experiences. Certain offers will be exclusive to World Elite cardholders only. To take advantage of these exclusive offers World Elite cardholders will be required to sign up an eligible World Elite Mastercard that was issued in your name and for which you have payment responsibility in the Program. Each World Elite Mastercard can be identified on the front or back of your card. For the purposes of this Program, the following conditions apply to your use of the Site: (i) your World Elite Mastercard card or your Mastercard card has to be issued by a Azerbaijani financial institution to you; (ii) you must be at least 18 years of age; (iii) you must be a legal resident of Azerbaijan; and (iv) all authorization, settlement and clearance ("Switching") is completed through the Mastercard Global Clearance and Processing System. If you have any questions or issues about whether a Mastercard card can be used on this Site, please contact Customer Service listed below.
The language of the Site is English, and the information on the Site is not systematically translated into other languages. By consenting to the Terms of Use, you agree that the experiences, offers and content of the Site will only be available in English. You expressly agree that you will not sign up for any experiences, offers or content on the Site if you do not fully understand the terms and consequences thereof.
By consenting to the Terms of Use, you agree that: (i) you represent only yourself here and no other person; (ii) you will provide accurate information to Mastercard, including, but not limited to, information required to sign up for the Program; (iii) you will not use the Site to reproduce, duplicate, copy, sell, resell, distribute, publish, or exploit for any commercial purpose the software, content, offers, experiences, products, or services provided by Mastercard or obtained through the Site without obtaining the express, prior written consent of Mastercard. This restriction includes any attempt to incorporate any information from the Site into any other directory, product, or service; (iv) you will provide for your own access to use the Site, including, but not limited to, obtaining and maintaining all telephone, computer hardware and software, and other equipment and paying all related charges; (vi) you will not use the Site in any manner that adversely affects the availability of its resources to other users or in any manner that could damage, disable, overburden, or impair Mastercard's or Service Provider's servers or networks; and (vii) you will not use the Site for any purpose that is unlawful or prohibited by the Terms of Use.
You are entirely responsible for maintaining the security and confidentiality of your account and password, and you are responsible for all activities and conduct by you or anyone else. You agree to notify Mastercard immediately of any unauthorized use of your account or any other breach of security. Mastercard or agents will not be liable for any loss or damages of any kind that may arise as a result of someone else using your password or account, either with or without your knowledge; however, you may be held liable for any losses incurred by Mastercard or another party due to someone else using your account or password because you did not maintain the security and confidentiality of your account.
We are granting you a limited, nonexclusive, revocable license for you to view, share, print or download any Content, as defined below, from the 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 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 in these Terms of Use, all right, title and interest in and to the Site and all Content contained therein are reserved and owned by Mastercard.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW MASTERCARD RETAINS THE RIGHT TO DENY ACCESS TO THIS SITE OR USE OF 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 Terms of Use
To the maximum extent permitted by applicable law 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, or discontinue the Program at any time without notice to you. Mastercard may at any time revise these Terms of Use by updating this posting. You are responsible for regularly reviewing the Terms of Use. Any changes or modifications are effective immediately upon posting. Continued use of the Program or accessing the Site following any such changes constitutes your acceptance of such changes. Mastercard reserves the right to charge fees at any time for access to all or portions of the Program with your advance acknowledgement of the charge.
To the maximum extent permitted by applicable law Mastercard may terminate your Account or restrict your access to the Site for any reason at any time.
The 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"). These materials may not be copied, decompiled, disassembled, modified, reposted to other web sites, framed, reverse engineered, 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.
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.
In operating the Site, Mastercard may act as a "services provider" and offer services as online provider of materials and links to third party websites. 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. Mastercard will respond expeditiously to remove or disable access to the material claimed to be infringing. You should address infringement notices to: Mastercard Europe SA, 198/A Chaussee de Tervuren, 1410, Waterloo, Belgium. Attn: Legal Department.
Please provide the following notice:
1. Identify the copyrighted work or other intellectual property that you claim has been infringed;
2. 2. Identify the material on the Site that you claim is infringing, with enough detail so that Mastercard may locate it on the Site;
3. 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;
4. A statement by you confirming, 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;
5. Your address, telephone number, and email address; and
6. Your physical or electronic signature
From time to time, we may ask 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 proprietary information 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. 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 exclusively the property of Mastercard. 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.
Merchants (including non-profits) may provide to Mastercard certain offers, experiences or other benefits on the purchases of goods and services ("Offers") that will be available on the Site or directly through the merchant. Such Offers are subject to certain terms and conditions and may change at any time without prior notice. 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, unless they were caused by Mastercard. You acknowledge that Mastercard does not endorse or warrant the merchants or the alliance partners that are accessible through the Site nor the Offer that they provide on the Site or on their own web site.
From time to time, we make you aware of certain Mastercard or third party related contests and sweepstakes or other promotions. All such contests, sweepstakes and promotions are subject to the Official Rules or Terms and Conditions for such sweepstakes, contests and promotions and all related applicable laws, regulations and statutes.
Third Party Content and Links to Other Web Sites
The 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 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 websites 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 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.
Mastercard is not responsible for examining or evaluating, and we do not warrant the offerings of any third party content or Offer presented on this Site. Mastercard does not assume any responsibility or liability for the actions, Offer and content posted by such third parties. Carefully review the Offer details and terms and conditions prior to purchase.
Mastercard recognizes the importance of respecting the privacy of those who visit and choose to benefit from the programs and information offered on the Mastercard Site. The Mastercard Global Privacy Notice provides an overview of what you can expect when you register or browse the Mastercard Site. Click here to view our Global Privacy Notice.
You agree to indemnify, defend and hold Mastercard and its business partners and their respective board membes, directors, employees and affiliates harmless from any liability, loss, claim and expense, including without limitation, reasonable attorneys' fees and expenses, related to or arising from: (i) your violation of these Terms of Use; (ii) your misuse of the Site; and (iii) your violation or infringement of copyright or other intellectual property or other rights of third parties found in your Submissions and/or any other violation of law or breach of contract obligations relating to the Submissions.
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 SITE, THE OFFERS 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. MASTERCARD DISCLAIMS, WITHOUT LIMITATION, ALL WARRANTIES REGARDING THE AVAILABILITY OF THE SITE, THAT THE SITE WILL OPERATE ERROR-FREE, THAT THE OFFER TERMS AND CONDITIONS OR DETAILS ARE ACCURATE, THAT DEFECTS WILL BE CORRECTED OR THAT THE 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. NOTHING IN THESE TERMS EXCLUDES OR LIMITS MASTERCARD'S LIABILITY (I) FOR DEATH OR PERSONAL INJURY CAUSED BY ITS NEGLIGENCE, (II) FOR FRAUD OR FRAUDULENT MISREPRESENTATION, OR (III) FOR ANY MATTER WHICH IT WOULD BE ILLEGAL FOR MASTERCARD TO EXCLUDE OR ATTEMPT TO EXCLUDE ITS LIABILITY.
Disclaimer of Damages and Limitation of Liability
IN NO EVENT SHALL MASTERCARD, ITS BUSINESS PARTNERS OR THEIR RESPECTIVE AFFILIATES BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL 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 SITE, OFFERS 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. 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 SHALL IN NO EVENT EXCEED THE AMOUNT PAID BY YOU, IF ANY, OR ONE HUNDRED POUNDS (£100) (WHICHEVER IS LESS), FOR ACCESSING OR PARTICIPATING IN ANY ACTIVITY RELATED TO THE SITE. NOTHING IN THESE TERMS EXCLUDES OR LIMITS MASTERCARD'S LIABILITY (I) FOR DEATH OR PERSONAL INJURY CAUSED BY ITS NEGLIGENCE, (II) FOR FRAUD OR FRAUDULENT MISREPRESENTATION, OR (III) FOR ANY MATTER WHICH IT WOULD BE ILLEGAL FOR MASTERCARD TO EXCLUDE OR ATTEMPT TO EXCLUDE ITS LIABILITY.
Without limiting the foregoing, we are not responsible for any errors in the Offer details or terms and conditions, any card account fees or penalties that you incur on your World Elite Mastercard or Mastercard as a result of your use of the Program, including fees and penalties that may result from reversals. Any tax liability resulting from your participation in the Program shall be your sole responsibility, and not our responsibility or the responsibility of any Merchant, Mastercard or the financial institution that issued your Mastercard card. Merchants or your issuing financial institution may report information regarding the Program and your participation in it to tax authorities. Merchants and your issuing financial institution may not vary these terms as applied to the relationship between you and us and may not make any commitments that are binding on us.
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, cheque or payment cards. Your Mastercard-branded payment card relationship is with an issuing bank or financial institution. 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 Site is maintained by Mastercard Europe SA.
These Terms of Use shall be interpreted and performed exclusively according to the laws of Belgium, without giving effect to any principles of conflicts of law. You 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 courts of Brussels. 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.
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 amended 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 consent) and your acceptance will be deemed binding between you and Mastercard.
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