Accessing or using the Site means you agree to these Terms of Use
Accessing or using the Site counts as agreeing to be bound by these Terms of Use, which include any additional terms and conditions Mastercard publishes on the Site as they are amended from time to time. If you do not agree, the Terms tell you not to access or use the Site. They also ask you to read them before registering or using the Site and to keep them for your records.
Details
Who
Anyone who accesses or uses the Site
What it does
Agrees to be bound by the Terms of Use
Supporting quotations
By accessing this Site, you agree to these terms and conditions and any additional terms and conditions that may be published by Mastercard on the Site, as may be amended from time to time
BY USING THE SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREED TO BE BOUND BY THESE TERMS OF USE.
If you do not agree to the Terms of Use, do not access the Site or use the Site.
Qualifications & exceptions
The Terms of Use include any additional terms and conditions Mastercard publishes on the Site, as amended from time to time.
Mastercard offers the donation Site and Goodworld hosts it
The Site is the Mastercard Donation Service website, a program offered by Mastercard International Incorporated and hosted by Goodworld Inc. It gives you the ability to donate to selected charities and causes identified on the Site, which the Terms call "Priceless Causes".
Details
Who
Mastercard International Incorporated (offers the Program); Goodworld Inc. (hosts the Site)
What it covers
Donations to selected charities and causes identified on the Site
Supporting quotations
This Mastercard Donation Service website (the "Site") is a program ("Program") offered by Mastercard International Incorporated ("Mastercard") and is hosted by Goodworld Inc. ("Goodworld").
The Site provides you with the ability to donate to selected charities and causes identified on this Site ("Priceless Causes").
In these Terms, "we" means Mastercard and Goodworld together
For this Site only, the words "we," "us" and "our" mean Mastercard and Goodworld collectively. "You" and "your" mean the person who has accessed the Site and/or has registered for participation in the Program.
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Supporting quotations
In these Terms of Use for this Site only, the words "we," "us" and "our" mean collectively Mastercard and Goodworld.
the words "you" and "your" mean the person who has accessed the Site and/or has registered for participation in the Program
Qualifications & exceptions
The collective meaning of "we," "us" and "our" applies to this Site only.
Not stated here
The Terms do not say which of Mastercard or Goodworld carries out a particular obligation written as "we".
Legal Rights & Agreement Rules · Restriction or exception
Additional Terms control over these Terms if they conflict
Some features, products or parts of the Site may come with separate guidelines, rules, or terms of use or sale ("Additional Terms"). If those conflict with these Terms of Use, the Additional Terms control, unless the Additional Terms themselves expressly say otherwise. The Terms also say certain features and services may be governed by different terms of use, and that designated legal notices or terms on particular pages, applications, tools or other materials within the Site may supersede or add to these Terms.
Details
Exception
Unless the Additional Terms expressly state otherwise
Supporting quotations
In some instances, both these Terms of Use and separate guidelines, rules, or terms of use or sale setting forth additional or different terms and/or conditions will apply to your use of the Site or to a Site or product offered via the Site
To the extent there is a conflict between these Terms of Use and any Additional Terms, the Additional Terms will control unless the Additional Terms expressly state otherwise.
Additionally, certain features and services made available through the Site from time to time may be governed by different terms of use.
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.
Qualifications & exceptions
The Additional Terms control only unless they expressly state otherwise.
Not stated here
The Additional Terms are not identified or included in this document, so what they say is unknown.
By using "the Service" you accept the Site's Privacy Policy and consent to data use under it
The Terms say that by using "the Service" you acknowledge and accept the Site's Privacy Policy and consent to the collection and use of your data in accordance with the Privacy Policy. The sentence links two different privacy pages. The Terms define the "Site" and the "Program" but not "the Service".
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Supporting quotations
By using the Service, you acknowledge and accept the Site's
and consent to the collection and use of your data in accordance with our
Not stated here
The privacy pages are only linked, not included in this document, so their contents are not part of this analysis.
This sentence links two different privacy page addresses, and Section 12 links a third; the Terms do not say how they relate.
The Terms open with a notice of binding arbitration and a class action waiver
A notice at the top says the Terms contain a binding arbitration agreement and a class action waiver that affect your legal rights. The arbitration rule is in Section 18 (Dispute Resolution), where each party gives up the right to go to court and have a dispute heard by a judge or jury. The notice itself does not say which disputes are covered or what exceptions apply.
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Supporting quotations
THESE TERMS OF USE CONTAIN A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER. IT AFFECTS YOUR LEGAL RIGHTS.
18. Dispute Resolution
BY AGREEING TO ARBITRATE, EACH PARTY IS GIVING UP ITS RIGHT TO GO TO COURT AND HAVE ANY DISPUTE HEARD BY A JUDGE OR JURY.
Qualifications & exceptions
The arbitration rule is subject to the pre-dispute steps and exceptions set out in Section 18.
Charges & Financial Obligations · Restriction or exception
Donations use a Mastercard debit or credit card account, not Maestro or Fuel Cards
The Site gives Mastercard cardholders the chance to donate to specified charities using their Mastercard debit or credit card account. Maestro and Fuel Cards are excluded.
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Supporting quotations
The Site provides Mastercard cardholders the opportunity to donate to specified charities using their Mastercard debit or credit card account (excluding Maestro and Fuel Cards).
Not stated here
The Terms do not define "Fuel Cards".
Account & Service Control · Restriction or exception
You agree that you are at least 18 years old
As part of consenting to the Terms, you agree that you are at least eighteen (18) years of age. In the source this sentence sits inside item (iii) of the list of agreements, between the commercial-use restriction and the sentence beginning "This restriction includes"; the text does not say that it is part of item (iii).
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Supporting quotations
You agree that you are at least eighteen (18) years of age.
Account & Service Control · Restriction or exception
You must give accurate, current and complete information and keep it up to date
You agree to give Mastercard accurate, current and complete information, including what is needed to register for the Program. If the Site requires you to sign up for an account or submit information, you must complete the registration process with current, complete and accurate information. Keeping your registration data current, complete and accurate is your responsibility, and any loss caused by your failure to do so is also your responsibility.
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Supporting quotations
(ii) you will provide accurate, current and complete information to Mastercard, including, but not limited to, information required to register for the Program
If the Site requires you to sign-up for an account or otherwise submit information, you must complete the specified process by providing us with current, complete, and accurate information as requested by the applicable online registration form.
It is your responsibility to maintain the currency, completeness, and accuracy of your registration data and any loss caused by your failure to do so is your responsibility.
Qualifications & exceptions
The sign-up duties apply if the Site requires an account or the submission of information.
Some areas need registration; declining may limit what you can access
Certain areas of the Site may require registration or ask you to provide information to take part in some features or reach some content. If you choose not to provide that information, you may not be able to access that content or take part in those features.
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Supporting quotations
Certain areas of the Site may require registration or may otherwise ask you to provide information to participate in certain features or access certain content. If you elect not to provide such information, you may not be able to access certain content or participate in certain features of the Site.
Content & IP Rights · Restriction or exception
No commercial use of the Site or what it offers without Mastercard's written consent
You agree not to 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 Mastercard's express, prior written consent. This includes any attempt to incorporate information from the Site into any other directory, product or service. You also agree not to use the Site for any commercial purpose that Mastercard has not expressly approved in writing.
Details not recorded for this card
Supporting quotations
(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;
(ix) you will not use the Site for any commercial purpose not expressly approved by Mastercard in writing
Qualifications & exceptions
Mastercard's consent must be express, given beforehand and in writing.
You agree not to disrupt or abuse the Site, or send spam or harmful code
You agree not to use the Site in a way that adversely affects other users' access to its resources or enjoyment of the Site, or that could damage, disable, overburden or impair the servers or networks of Mastercard or its service providers. You also agree not to use it for any purpose that is unlawful, tortious, abusive, intrusive on another's privacy, harassing, libelous, defamatory, embarrassing, obscene, threatening, hateful or otherwise prohibited by the Terms. You agree not to upload, post, email or transmit advertising or promotional material, such as junk mail, surveys, spam, chain letters, pyramid schemes or other solicitation, or any material containing viruses or other code that could interrupt, limit or interfere with the functioning of software, hardware or telecommunications equipment.
Details not recorded for this card
Supporting quotations
(v) you will not use the Site in any manner that adversely affects the availability of its resources to, or enjoyment by, other users or in any manner that could damage, disable, overburden, or impair Mastercard's or its service providers' servers or networks
(vi) you will not use the Site for any purpose that is unlawful, tortious, abusive, intrusive on another's privacy, harassing, libelous, defamatory, embarrassing, obscene, threatening, hateful or otherwise prohibited by the Terms of Use
(x) you will not upload, post, email, or otherwise transmit any advertising or promotional materials, including, without limitation, "junk mail," "surveys," "spam," "chain letters," "pyramid schemes," or any other form of solicitation or unauthorized communication
(xi) you will not upload, post, email, or otherwise transmit any material that contains viruses or any other computer code, files, or programs which might interrupt, limit, or interfere with the functionality of any computer software or hardware or telecommunications equipment
You may not upload others' protected material or collect other users' personal data
You agree not to upload, post, reproduce or distribute information, software or other material protected by copyright or any other intellectual property right, including rights of publicity and privacy, unless you first have the owner's permission. You also agree not to collect or store personal data about other users.
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Supporting quotations
(vii) you will not upload, post, reproduce, or distribute any information, software, or other material protected by copyright or any other intellectual property right (as well as rights of publicity and privacy) without first obtaining the permission of the owner of such rights
(viii) you will not collect or store personal data about other users
Qualifications & exceptions
Uploading or sharing protected material is barred only where you have not first obtained the rights owner's permission.
Account & Service Control · Restriction or exception
You provide and pay for your own access to the Site
You agree to provide your own access to the Site, including obtaining and maintaining all the telephone, computer hardware and software and other equipment you need and paying all related charges.
Details not recorded for this card
Supporting quotations
(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
Mastercard may end your access immediately, with or without notice, for any reason
Mastercard may terminate your access to the Site immediately, in its sole discretion, with or without notice. The Terms give two grounds: your failure to comply with any provision of the Terms of Use or additional terms, or any other reason, or no reason.
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Supporting quotations
Your access to the Site may be terminated immediately in Mastercard's sole discretion, with or without notice, if you fail to comply with any provisions of this Terms of Use and/or additional terms, or for any other reason, or no reason.
Legal Rights & Agreement Rules · Restriction or exception
You have no rights in the Site and Mastercard owes you nothing if it ends or your access ends
You agree that you do not have any rights in the Site, and that Mastercard will have no liability to you if the Site is discontinued or your ability to access it is terminated.
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Supporting quotations
You agree that you do not have any rights in this Site and Mastercard will have no liability to you if this Site is discontinued or your ability to access the Site is terminated.
Legal Rights & Agreement Rules · Restriction or exception
You represent that you are not in an embargoed country or on a U.S. government watch list
You represent and warrant that you are not located in a country subject to a U.S. Government embargo or designated by the U.S. Government as a "terrorist supporting" country, and that you are not on any U.S. Government "watch list" of prohibited or restricted parties.
Details not recorded for this card
Supporting quotations
You represent and warrant that: (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) you are not listed on any U.S. Government "watch list" of prohibited or restricted parties, including the Specially Designated Nationals list published by the Office of Foreign Assets Control of the U.S. Treasury or the Denied Persons List published by the U.S. Department of Commerce.
Qualifications & exceptions
The watch lists named include the Office of Foreign Assets Control Specially Designated Nationals list and the U.S. Department of Commerce Denied Persons List; the word "including" shows the list is not limited to them.
You are responsible for your account's security and everything done through it
You are entirely responsible for the security and confidentiality of your account, user name and password, and for all activities and conduct by you or anyone else through your account. If you are asked to choose a password and user name, keeping them confidential is entirely your responsibility. You also agree not to email, post or otherwise share any user ID, password or other information that gives you access to the Site.
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Supporting quotations
You are entirely responsible for maintaining the security and confidentiality of your account, user name and password, and you are responsible for all activities and conduct by you or anyone else through your account.
After you have fully completed the registration form, you may be asked to choose a password and a user name. It is entirely your responsibility to maintain the confidentiality of your password and account. Additionally, you are entirely responsible for any and all activities that occur under your account.
You further agree not to email, post, or otherwise disseminate any user ID, password, or other information which provides you access to the Site.
Tell Mastercard immediately about unauthorized account use or a security breach
You agree to notify Mastercard immediately of any unauthorized use of your account or any other breach of security. The Terms do not give a contact address or channel for this notice.
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Supporting quotations
You agree to notify Mastercard immediately of any unauthorized use of your account or any other breach of security.
You agree to notify Mastercard immediately of any unauthorized use of your account.
Not stated here
This passage does not say how or where to notify Mastercard.
Account & Service Control · Restriction or exception
Mastercard is not liable if someone else uses your password, but you may be liable to it
Mastercard says it is not liable for any loss or damages that arise from someone else using your password or account, whether or not you knew about it. You, however, may be held liable for losses incurred by Mastercard or another party because someone else used your account or password.
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Supporting quotations
Mastercard or its service providers 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.
Mastercard is not liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge.
Qualifications & exceptions
The no-liability statement holds whether the other person used your account with or without your knowledge.
One passage extends the no-liability statement to Mastercard's service providers or agents; the other names Mastercard only.
Mastercard may collect technical and usage data about your device and Site use
You agree that Mastercard may collect and use technical and usage data and related information, such as technical information about your device, the date and time you access the Site, system and Site software, and peripherals. The data is gathered periodically to facilitate software updates, product support and other "Sites" to you (if any) related to the Site.
Details
Who
Mastercard
What it covers
Technical and usage data and related information
Supporting quotations
You agree that Mastercard may collect and use technical and usage data and related information, including, but not limited to, technical information about your device, date and time of Site access, system and Site software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support and other Sites to you (if any) related to the Site.
Qualifications & exceptions
The items listed are examples; the text says "including, but not limited to".
Not stated here
The text refers to "other Sites to you (if any) related to the Site" and does not say what these are.
Mastercard may use that data to improve products and to show advertising, including through third-party ad providers
You give Mastercard permission to use this information to improve its products or to provide Sites or technologies to you, and to provide advertising content in which Mastercard believes you may be interested. The text adds that this includes working with third parties who provide targeted advertising content.
Details
Who
Mastercard
Why
Improve products, provide Sites or technologies, provide advertising content incl. via third parties
Supporting quotations
You grant Mastercard the permission to use this information to improve its products or to provide Sites or technologies to you, as well as to provide advertising content in which Mastercard believes you may be interested, including working with third parties who provide targeted advertising content.
Qualifications & exceptions
Advertising content is described as content in which Mastercard believes you may be interested.
Not stated here
The text does not say whether the data itself is shared with the third-party advertising providers, or who they are.
You may view, share, print or download Site Content for personal use only
Mastercard grants you a limited, non-exclusive, revocable license to view, share, print or download Content from the Site for your own personal use. You are not granted the right to license, republish, distribute, copy, assign, sublicense, transfer, sell, prepare or create derivative works of, or otherwise use the Content for non-personal purposes, and no part of the Content may be reproduced in any form or incorporated into any information retrieval system except for your personal use. "Content" is defined in Section 7. Everything not expressly granted stays with Mastercard: all right, title and interest in the Site and its Content are reserved and owned by Mastercard.
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Supporting quotations
We are granting you a limited, non-exclusive, revocable right and 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 or create 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.
Except for the limited rights expressly granted herein, all right, title and interest in and to the Site and all Content contained therein are reserved and owned by Mastercard.
You may link to the Site or its Content if the link is not misleading or offensive and implies no endorsement
Mastercard also grants a limited, revocable, non-sublicensable, non-transferable and non-exclusive license to create a hyperlink to the Site or any Content on it. The link must not portray Mastercard or its products or services in a false, misleading, derogatory or otherwise offensive manner, and must not imply that Mastercard sponsors or endorses your site, page or content.
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Supporting quotations
You are also granted a limited, revocable, non-sublicensable, non-transferable, and non-exclusive right and license to create a hyperlink to the Site or 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 manner or imply a sponsorship or endorsement of your site, page or content by Mastercard.
reposted to other web sites, framed, deep linked to, changed
Not stated here
Section 7 lists being "deep linked to" among things the materials may not be subjected to; the Terms do not say how that fits with this right to link to Content.
You may not use the Site in a way that damages or impairs it or interferes with others
You may not access or use the Site in any way that could damage or impair the Site or any server or network underlying it, or that is intended to do so, or interfere with anyone else's use and enjoyment of the Site.
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Supporting quotations
You may not access or use the Site in any way that could or is intended to damage or impair the Site, or any server or network underlying the Site, or interfere with anyone else's use and enjoyment of the Site.
Mastercard can deny anyone access to the Site without notice, for any reason
Mastercard keeps the right to deny access to the Site to anyone, without notice and at its complete discretion, for any reason, including violation of the Terms of Use or any use rights.
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Supporting quotations
MASTERCARD RETAINS THE RIGHT TO DENY ACCESS TO THIS SITE TO ANYONE WITHOUT NOTICE AT ITS COMPLETE DISCRETION FOR ANY REASON, INCLUDING, WITHOUT LIMITATION, FOR VIOLATION OF ANY OF THESE TERMS OF USE, INCLUDING ANY USE RIGHTS.
Legal Rights & Agreement Rules · Company practice
Mastercard can change the Site or these Terms, or end the Program, at any time without notice
Mastercard reserves the right to change or modify the Content, materials or information on or connected with the Site, including these Terms of Use, or to discontinue the Program, at any time without notice to you. It may revise the Terms by updating the posting, by providing further information during registration, or by messaging you. Changes are effective immediately on posting, you are responsible for regularly reviewing the Terms, and continuing to use the Program or access the Site after a change counts as accepting it. Section 18 (Dispute Resolution) says it can only be amended by mutual agreement; this passage does not mention that limit.
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Supporting quotations
Mastercard reserves the right to change or modify Content, materials or information appearing on or in connection with this Site, including, without limitation, 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, or by providing further information during the registration or by messaging you.
Any changes or revisions are effective immediately upon posting. Continued use of the Program or accessing the Site following any such changes constitutes your acceptance of such changes.
This Section can only be amended by mutual agreement.
Qualifications & exceptions
Changes take effect immediately on posting.
Section 18 (Dispute Resolution) can only be amended by mutual agreement.
Mastercard may terminate your registration or restrict your access for any reason at any time
Mastercard may terminate your registration or restrict your access to the Site for any reason, at any time.
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Supporting quotations
Mastercard may terminate your registration or restrict your access to the Site for any reason at any time.
Charges & Financial Obligations · Context
Participating cardholders can donate through the Site by recurring or one-time donations
The Program lets participating Mastercard cardholders donate to a specified charitable organization through the Site, using a debit or credit Mastercard card account, in one or more of two listed ways: recurring donations, or one-time donations to selected charities named on the Site. Later text says Mastercard may, from time to time, now or in the future also enable micro donations and round-up donations, so those two types are not listed here.
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Supporting quotations
The Program allows Mastercard cardholders participating in the Program to make a donation using a [debit or credit] Mastercard card account (excluding Maestro and Fuel Cards) to a specified charitable organization using the Site in one (1) or more of the following ways:
Recurring donations; or
"One Time" donations to selected charities named on the Site.
From time to time Mastercard may now or in the future also enable micro donations on the Site
From time to time Mastercard may now or in the future also enable round-up donations on the Site
Qualifications & exceptions
Maestro and Fuel Cards are excluded.
Micro and round-up donations are described as possible "now or in the future", not as currently available.
Recurring donations charge the amount you choose, at least $1.00, until you cancel
You can register to make recurring donations (for example weekly, monthly or quarterly) to a charitable organization using your registered Mastercard debit or credit card account. Mastercard records your intention to donate the amount you select, with a minimum recurring donation of $1.00, and for each period you choose it enables a transaction in which the charity is the merchant of record and your card is charged that amount. Recurring donations continue until you cancel them through the cancellation process described later, or until a date Mastercard notifies you they will no longer be charged to your card or otherwise posts on the Site.
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Supporting quotations
You may register on the Site to designate for recurring donations (e.g., weekly, monthly or quarterly) for a specified charitable organization using your registered debit or credit Mastercard account (excluding Maestro and Fuel Cards).
You will be able to choose the specific amount of the recurring donation (with a minimum recurring donation amount of $1.00).
Mastercard will enable a transaction to be processed where the charitable organization you have selected will be the merchant of record using your card account for the relevant amount of the donation in respect of such charitable organization.
Recurring donations will continue until you cancel them through the process outlined below or otherwise through a date we notify you they will no longer be charged to your card or otherwise posted on the Site.
Qualifications & exceptions
Maestro and Fuel Cards cannot be used.
Recurring donations also end on a date Mastercard notifies you or posts on the Site, even if you have not cancelled.
Charges & Financial Obligations · User right or choice
You can make a one-time donation of at least $1.00, with or without registering
You can choose to make a one-time donation to a specified charitable organization through the Site, with a minimum one-time donation amount of $1.00. You may register for an account on the Site if you wish to make a one-off donation, but you are not required to.
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Supporting quotations
You may also select to make a one time donation to a specified charitable organization using the Site (with a minimum one time donation amount of $1.00).
You will have the option to register with the Site and sign-up for an account with the Site if you wish to make a one off donation but will not be required to register.
Charges & Financial Obligations · Company commitment
Your full donation, less standard card processing fees, is paid directly to the charity
For recurring and one-time donations, the Terms say your full donation, less any applicable standard card processing fees, will be paid directly to the designated charity.
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Supporting quotations
Your full donation (less any applicable standard card processing fees) will be paid directly to the designated charity.
Your full donation (less any applicable standard card processing fees) will be paid directly to the designated charity.
Not stated here
The amount of the "standard card processing fees" and who charges them are not stated.
Micro donations record a donation of at least $1.00 on each card transaction and are charged monthly
From time to time Mastercard may enable micro donations. If you register for them, Mastercard records your chosen donation amount, at least $1.00 USD, for each transaction made with your registered debit or credit Mastercard card account, for the charity you selected. Once a month Mastercard totals the amounts recorded against your card and the Program enables a transaction in which the charity is the merchant of record and your card is charged the accumulated amount. Your full donation, less any applicable standard card processing fees, is paid directly to the charity.
Details not recorded for this card
Supporting quotations
From time to time Mastercard may now or in the future also enable micro donations on the Site
using your registered debit or credit Mastercard account (excluding Maestro and Fuel Cards)
with a minimum micro donation of $1.00 USD per transaction
In the event Mastercard enables this functionality, once a month, Mastercard will calculate the total amount of micro donations recorded against your designated card account and the Program will enable a transaction to be processed where the charitable organization you have selected will be the merchant of record using your card account for the relevant amount of the accumulated micro donations in respect of such charitable organization (up to any applicable maximum donation set for that donation type, if any).
Your full donation (less any applicable standard card processing fees) will be paid directly to the designated charity.
Qualifications & exceptions
Available only if and when Mastercard enables it; the text says it may do so "now or in the future".
The monthly charge is up to any applicable maximum donation set for this donation type, if any.
Maestro and Fuel Cards cannot be used.
Not stated here
The text does not say whether Mastercard has enabled micro donations, or what any maximum donation for this type is.
Round-up donations add the difference to the next dollar on each card transaction and are charged monthly
From time to time Mastercard may enable round-up donations. If you register for them, Mastercard records, for each transaction on your registered debit or credit Mastercard card account, an amount equal to the difference between the purchase amount and the next nearest dollar (the example given is $1.99, which records $.01), for the charity you selected. Once a month Mastercard totals the amounts recorded against your card and the Program enables a transaction in which the charity is the merchant of record and your card is charged the accumulated amount. Your full donation, less any applicable standard card processing fees, is paid directly to the charity.
Details not recorded for this card
Supporting quotations
From time to time Mastercard may now or in the future also enable round-up donations on the Site
using your registered debit or credit Mastercard account (excluding Maestro and Fuel Cards)
we will record an intention to donate an amount equal to the difference between your actual purchase amount and the next nearest dollar
In the event Mastercard enables this functionality, once a month, Mastercard will calculate the total amount of round-up donations recorded against your designated card account and the Program will enable a transaction to be processed where the charitable organization you have selected will be the merchant of record using your card account for the relevant amount of the accumulated round-up donations in respect of such charitable organization (up to any applicable maximum donation set for that donation type, if any).
Your full donation (less any applicable standard card processing fees) will be paid directly to the designated charity.
Qualifications & exceptions
Available only if and when Mastercard enables it; the text says it may do so "now or in the future".
The monthly charge is up to any applicable maximum donation set for this donation type, if any.
Maestro and Fuel Cards cannot be used.
Not stated here
The text does not say whether Mastercard has enabled round-up donations, or what any maximum donation for this type is.
Charges & Financial Obligations · Company practice
Choosing to donate authorizes a charge to your card, with the charity as merchant of record
By selecting to make a donation through the Site, you authorize a charge for the amount of your designated donation to your registered Mastercard card account, processed with the designated charity as the merchant of record. The Terms say all donations made through the Site go directly to the charity you select, and that charity is the merchant of record.
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Supporting quotations
By selecting to make a donation through the Site, you authorize a charge to be processed with the designated charitable organization as the merchant of record for the amount of your designated donation using your registered Mastercard card account.
All donations made by, on or through the Site are made directly to the charitable organization you select on the Site and the charity you select is the merchant of record for the transaction.
Charges & Financial Obligations · User right or choice
You can change or cancel a pledged donation until it is processed; one-off donations cannot be changed
You may change or cancel a previously pledged donation that Mastercard has not yet processed, by logging into the Site and amending the details for that donation. One-off donations are processed immediately, so they cannot be changed or cancelled once made. Changes and cancellations to recurring donations can be made at any time during that month as long as the donation has not been processed. Recurring donations continue until you cancel them through this process.
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You may change or cancel a previously pledged donation made on the Site which has not yet been processed by Mastercard by logging into the Site and amending the details for that donation.
One off donations are processed immediately and, as such cannot be changed or cancelled once made.
Changes and cancellations to recurring donations can be made at any time during that month as long as the donation has not been processed.
Recurring donations will continue until you cancel them through the process outlined below
Qualifications & exceptions
Changes and cancellations are made by logging into the Site and amending the donation's details.
Not stated here
The text refers to "that month" for recurring donations and does not say how this applies to weekly or quarterly donations.
Charges & Financial Obligations · Restriction or exception
Once a donation is processed, Mastercard cannot change or reverse it unless the law requires
To the maximum extent permitted by law, you agree that once a donation transaction has been processed to your Mastercard card account, Mastercard cannot change or reverse that donation, except to the extent Mastercard is required by applicable law to change or reverse the transaction. If you have concerns about donations already processed, the Terms tell you to contact your issuing bank.
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To the maximum extent permitted by law, you agree that, once a transaction has been processed to your Mastercard card account in respect of a donation, that donation cannot be changed or reversed by Mastercard, except to the extent Mastercard is required to change or reverse the relevant transaction by applicable law.
If you have any concerns regarding donations which have already been processed, please contact your issuing bank.
Qualifications & exceptions
Your agreement applies to the maximum extent permitted by law.
Charges & Financial Obligations · Company practice
Mastercard can remove a charity from the Program at its sole discretion
At any time, Mastercard may decide in its sole discretion to remove a charitable organization from the Program. It will then stop processing donations to that organization and will make commercially reasonable efforts to notify you by email of the removal if you had elected to donate to that charity.
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At any time, Mastercard may at, its sole discretion, decide to remove a charitable organization from the Program. In such case, we will cease processing any donations in relation to that organization and will make commercially reasonable efforts to notify you via email of this removal if you elected to donate to such charitable organization.
Qualifications & exceptions
Notice is by email, on a "commercially reasonable efforts" basis, and only if you elected to donate to that charity.
Charges & Financial Obligations · Company practice
Mastercard may stop processing donations tied to suspected fraud or other illegal activity
If Mastercard suspects fraud or any other potentially illegal activity in relation to a donation or a charitable organization, it may, in its sole discretion, stop processing donations relating to that activity. It will make commercially reasonable efforts to notify you by email if you had elected to donate to that charity.
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At any time, if Mastercard suspects fraud or any other potentially illegal activity in relation to a donation or charitable organization, Mastercard may, at its sole discretion, cease to process donations relating to that activity. In such case, we will cease processing any donations in relation to that activity and will make commercially reasonable efforts to notify you via email of this if you elected to donate to such charitable organization.
Qualifications & exceptions
Notice is by email, on a "commercially reasonable efforts" basis, and only if you elected to donate to that charity.
Charges & Financial Obligations · Company practice
Goodworld checks listed charities against three data sources but does not guarantee their tax status
Goodworld says it uses data from three sources to verify the good standing of all beneficiary organizations listed on the Site: the IRS Exempt Organizations Business Master File Extract, IRS Publication 78 (the Exempt Organizations Select Check Database), and the Office of Foreign Assets Control (OFAC) list, in compliance with the USA PATRIOT Act. Goodworld makes a good faith effort to verify that each listed organization is eligible to receive tax-deductible contributions, but the Terms say "we" do not guarantee, explicitly or implicitly, any organization's federal income tax exempt status or its eligibility to receive tax-deductible contributions.
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Goodworld uses data from three (3) different data sources to verify the good standing of all beneficiary organizations listed on the Site.
IRS Exempt Organizations Business Master File Extract (EO BMF): a list of organizations recognized as exempt by the IRS
Office of Foreign Assets Control (OFAC), in compliance with the USA PATRIOT Act.
Although Goodworld makes a good faith effort to verify each organization listed on the Site is eligible to receive tax-deductible contributions, we do not guarantee, whether explicit or implied, the exempt status of any organization listed on the Site to federal income tax or their eligibility to receive tax-deductible contributions.
Charges & Financial Obligations · Restriction or exception
Whether a donation is tax-deductible is your responsibility, and donating is at your own risk
The Terms put on you, as the donor, the job of verifying an organization's eligibility to receive tax-deductible contributions and of determining how much of your contribution is deductible. They strongly advise you to consult an attorney, accountant and/or financial advisor before donating, and say any donation made on the Site is made at your own risk.
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The verification of an organization's eligibility to receive tax-deductible contributions and the determination of the extent to which your contribution(s) is deductible is fully the responsibility of you, the donor.
We highly advise that you, as a donor, consult an attorney, accountant, and/or financial advisor before making any donation. Any donation made on the Site is done so at your own risk.
Charges & Financial Obligations · Restriction or exception
Mastercard and Goodworld do not verify how a charity uses your donation
The Terms say "we" are not responsible for understanding or verifying how a charity will use your money; you are fully responsible for understanding that before you donate. They also say "we" are not obligated to verify the accuracy of information the charity provides or posts, and take no responsibility to verify that a donation is used for any fundraising purpose or that funds raised are used in accordance with applicable laws.
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We are not responsible for understanding or verifying how your money will be used by the charity. You are fully responsible for understanding such information prior to making a donation.
We are not obligated to verify the accuracy of any information provided or posted by the charity, and we assume no responsibility to verify if your donation will be used in accordance with any fundraising purpose, or if any funds raised are used in accordance with any applicable laws.
Charges & Financial Obligations · Context
Mastercard is not a fundraiser; the Site is a service that sends donations straight to the charity
Mastercard says it does not act as a professional fundraiser for any charity. Donations made by, on or through the Site are made directly to the charity you select, which is the merchant of record for the transaction, and Mastercard provides the Site solely as a service that technologically enables you to donate directly to that charity.
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MASTERCARD IS OFFERING THE SITE AS A SERVICE AND NOT AS A FUNDRAISER
Mastercard does not act as a professional fundraiser on behalf of any charity.
Mastercard is providing the Site solely as a service to technologically enable the donation to be made by you directly to the applicable charitable organization.
Site Content is owned by or licensed to Mastercard and may not be copied, changed or redistributed
The Site's Content (text, the selection and arrangement of materials, images, graphics, tools, widgets, videos, music, articles, trademarks, logos and other materials) is protected by intellectual property laws and is owned by Mastercard or used by it under license or permission. Except to the extent permitted by law, you may not copy, reverse engineer, decompile, disassemble, modify, repost to other web sites, frame, deep link to, change, or otherwise distribute, redistribute, license, sublicense or transfer these materials in any form. Section 3 separately grants you a limited personal-use license to Content and a limited right to link to the Site or its Content, which this passage does not mention.
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The 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.
Except to the extent permitted by law, 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.
We are granting you a limited, non-exclusive, revocable right and license for you to view, share, print or download any Content, as defined below, from the Site for your own personal use.
Qualifications & exceptions
The restrictions apply "except to the extent permitted by law".
Section 3 separately licenses personal use of Content and linking to the Site or its Content.
Not stated here
This passage lists "deep linked to" among prohibited acts while Section 3 grants a right to link to the Site or any Content on it; the Terms do not say how the two fit together.
No license to use trademarks or to make commercial use of Site materials without written permission
Nothing on the Site grants, 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, or to use any Trademark displayed on the Site without the written permission of Mastercard or the third party that owns it. The Trademarks displayed on the Site belong to Mastercard and its third party alliance partners. Mastercard says unauthorized commercial use of these materials will violate its intellectual property rights and be subject to its full legal rights and remedies.
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Nothing contained on the 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 Site are Trademarks of Mastercard and its third party alliance partners.
Nothing contained on the Site should be construed as granting by implication or otherwise, any license or right to use any Trademark displayed on the 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.
Mastercard will send you Program communications to your registered email or other contact details
You acknowledge and agree that Mastercard will send you information and communications in connection with your participation in the Program. They may go to your registered email address or to any other contact details you have given Mastercard for the Program.
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You acknowledge and agree that Mastercard will send you information and communications in connection with your participation in the Program. Such communications may be sent to your registered email address or to any other contact details you have provided to Mastercard in connection with the Program.
Content & IP Rights · Procedure
Report suspected copyright infringement to Mastercard's Copyright Agent by DMCA notice
If you believe material on 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)), addressed to Copyright Agent, Mastercard, 2000 Purchase Street, Purchase, NY 10577, Attn: Law Department, or to the email address given in the Terms. Mastercard says it will respond expeditiously to remove or disable access to the material claimed to be infringing, and will follow the DMCA procedures to resolve the claim between the notifying party and the alleged infringer who provided the Content. The notice should identify the copyrighted work or other intellectual property you claim is infringed, and identify the material on the Site you claim is infringing in enough detail for Mastercard to locate it. More required elements follow in the next section.
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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
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;
Mastercard's policy is to remove infringing content immediately and suspend infringing users
Mastercard says it has legally mandated procedures for allegations of copyright infringement on the Site and a policy of immediately removing any content, or suspending any user, found to have infringed the rights of Mastercard or a third party, or to have otherwise violated intellectual property laws or regulations or the Terms. It also says that in operating the Site it may act as a DMCA "services provider", and that third-party materials Mastercard does not own or control may be transmitted, stored, accessed or made available using the Site.
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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 these Terms of Use.
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.
Qualifications & exceptions
Removal or suspension applies to content or users that are "found to have" infringed or otherwise violated intellectual property laws or the Terms.
A copyright notice also needs a good-faith statement, a perjury statement, contact details and a signature
Besides identifying the work and the infringing material, a notice should include a statement that you have a good faith belief the disputed use is not authorized by the copyright owner, its agent or the law; a statement, under penalty of perjury, that the notice is accurate and that you own the copyright interest or are authorized to act for the owner; your address, telephone number and email address; and your physical or electronic signature.
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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
Mastercard may tell users about an infringement notice by site notice, email or first-class mail
Mastercard may give its users notice of an infringement notice through a general notice on any of its websites, by email to the user's email address in its records, or by first-class mail to the user's physical address in its records.
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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 an infringement notice, you may send a written counter-notification with the required details
If you receive an infringement notice, you may send a counter-notification in writing to the designated agent. To be effective it must be a written communication that includes: your physical or electronic signature; identification of the removed or disabled material and where it appeared before removal; a statement under penalty of perjury that you have a good faith belief the material was removed or disabled by mistake or misidentification; and your name, physical address and telephone number, plus a statement that you consent to the jurisdiction of a Federal District Court for the judicial district of your address (or, if your address is outside the United States, any judicial district where Mastercard may be found) and will accept service of process from the person who gave notice of the alleged infringement or that person's agent.
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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.
Qualifications & exceptions
To be effective, the counter-notification must be written and include all of the listed items.
Not stated here
The counter-notification goes to "the designated agent"; this passage does not name that agent.
Mastercard may end a repeat infringer's access to the Service and its other websites
Without limiting its other rights, Mastercard may, in appropriate circumstances, terminate a repeat infringer's access to the Service and to any other website owned or operated by Mastercard.
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Without limiting Mastercard's other rights, Mastercard may, in appropriate circumstances, terminate a repeat infringer's access to the Service and any other website owned or operated by Mastercard.
Qualifications & exceptions
Applies "in appropriate circumstances".
Not stated here
"Appropriate circumstances" and "the Service" are not defined in the Terms.
Content & IP Rights · Permission or license
Anything you send as feedback becomes Mastercard's non-confidential property to use freely
From time to time Mastercard may ask for your feedback on the Site and its products or services. Any communication or material you transmit or post will be treated as non-confidential and non-proprietary, will become Mastercard's property (Mastercard will exclusively own all rights, title and interest in it), and may be used without restriction by Mastercard licensees and affiliates at Mastercard's sole discretion, without obligation, compensation or other liability to you. The use may be for any purpose and in any medium, on the Site or otherwise, and Mastercard has no obligation to respond.
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From time to time, we may ask you for your feedback on the Site and products and/or services. Any communication or material you transmit or post will: (a) be 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) be 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.
Not stated here
The passage opens with requests for feedback but then refers to "any communication or material you transmit or post"; it does not say whether that wider wording is limited to feedback.
Mastercard does not accept creative ideas ("Submissions"), but any you send become its property
Mastercard says it has a policy of not accepting or considering creative ideas, suggestions or materials from the public about its products and services ("Submissions"), and asks you not to make any. If you send one anyway, it immediately becomes Mastercard's property, you assign it to Mastercard, and Mastercard may use it for any purpose, including developing and marketing products and services. Mastercard is not liable for that use or disclosure or for similarities between a Submission and its future products or services, and no confidential relationship or obligation of secrecy is created, despite any statement or legend to the contrary on the Submission.
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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 this request not to do so, then such Submission shall immediately become the property of Mastercard, you hereby assign such Submission to 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.
You acknowledge and agree that no confidential relationship or obligation of secrecy or confidentiality is established between you and Mastercard regarding the Submission, despite any statement or legend to the contrary on the User Submission and any related materials.
If you make a Submission, you irrevocably let Mastercard use your name and likeness in its advertising
If you submit a Submission on the Site, you irrevocably grant Mastercard the right to use your name, username, Twitter handle, profile picture, voice, likeness and biographical material in connection with any and all Mastercard advertising and promotional campaigns, including on the Site or in connection with Mastercard products and marketing materials.
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If you submit a Submission on the Site, you also irrevocably grant Mastercard the right to use your name, username, Twitter handle, profile picture, voice, likeness and biographical material in connection with any and all Mastercard advertising and promotional campaigns, including, without limitation, on the Site or in connection with Mastercard products and marketing materials.
Each time you make a Submission you promise it is yours, accurate and non-infringing
Each time you submit a Submission, you represent and warrant that you are at least the age of majority where you live and are the parent or legal guardian of, or have all proper consents from the parent or guardian of, any minor depicted in or contributing to it. You also warrant that you are its sole author and owner or have a lawful right to submit it and to grant Mastercard the rights the Terms give it, without any Mastercard obligation to get anyone's consent; that it is accurate; that it does not and, as to Mastercard's permitted uses, will not infringe any third party's intellectual property or other rights; and that it will not violate the Terms or cause injury or harm to any person.
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Each time you submit any Submission, you represent and warrant that you are at least the age of majority in the jurisdiction in which you reside and are the parent or legal guardian, or have all proper consents from the parent or legal guardian, of any minor who is depicted in or contributed to any Submission you submit
(a) you are the sole author and owner of the intellectual property and other rights to the Submission, or you have a lawful right to submit the Submission and grant Mastercard the rights to it that you are granting by this Terms of Use, all without any Mastercard obligation to obtain consent of any third party and without creating any obligation or liability of Mastercard
(b) the Submission is accurate; (c) the Submission does not and, as to Mastercard's permitted uses and exploitation set forth in these Terms of Use, will not infringe any intellectual property or other right of any third party; and (d) the Submission will not violate this Terms of Use, or cause injury or harm to any person.
Legal Rights & Agreement Rules · Restriction or exception
Mastercard does not endorse or take responsibility for third-party content, links or offerings
The Site may contain third-party content and links to independent web sites, included solely for users' convenience and not as approval, endorsement or warranty by Mastercard. Mastercard is not responsible for the accuracy, completeness or reliability of third-party information, or for products or services offered or sold through a linked site. You assume sole responsibility for using third-party information, and agreements, transactions or other arrangements with a third party are at your own risk. Mastercard is also not responsible for examining or evaluating third-party content and does not warrant any third party's offerings.
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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.
Mastercard is not responsible for examining or evaluating, and we do not warrant the offerings of any third party content.
Information you submit on a linked site falls under that site's privacy terms, not Mastercard's
When you click a third-party link you leave the Site. Personal information you submit on the resulting site is not collected or controlled by Mastercard but is subject to that site's privacy notice or terms of use, which the Terms tell you to review.
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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.
Not stated here
The privacy practices of linked third-party sites are not described in this document.
A Donation Platform Privacy Notice covers your use of the Site
Section 12 says Mastercard recognizes the importance of respecting the privacy of those who visit the Site and use the programs and information it offers, and links to the Donation Platform Privacy Notice as the privacy policy related to your use of the Site.
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Mastercard recognizes the importance of respecting the privacy of those who visit and choose to take advantage of the programs and information offered on the site.
Click to view our privacy policy related to your use of this Site:
By using the Service, you acknowledge and accept the Site's
Not stated here
The Donation Platform Privacy Notice is linked, not included in this document, so its contents are not part of this analysis.
The opening section links two other privacy pages; this section does not say how those and the Donation Platform Privacy Notice relate.
Legal Rights & Agreement Rules · Restriction or exception
You must indemnify and defend Mastercard, Goodworld and their partners against claims tied to your use or breach
You agree to indemnify, defend and hold harmless Mastercard, Goodworld and their respective business partners (including charities) and their officers, directors, employees and affiliates against liabilities, losses, claims, costs, damages, investigations, judgments, fines, penalties, settlements, interest and expenses, including reasonable attorneys' fees, related to or arising from seven listed matters: your breach or alleged breach of the Terms; unauthorized use of the Content; your violation or alleged violation of laws or regulations in connection with the Site; your use and misuse of the Site and your activities in connection with it; infringement or other violations of third-party rights in your Submissions, and other violations of law or breach of contract relating to Submissions; any misrepresentation by you; and Mastercard's use of the information you submit, including Submissions.
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You agree to indemnify, defend and hold Mastercard, Goodworld and their respective business partners, including charities, and their respective officers, directors, employees and affiliates harmless from and against any and all liabilities, losses, claims, costs, damages and investigations, judgments, fines, penalties, settlements, interest and expenses, including, without limitation, reasonable attorneys' fees and expenses, related to or arising from: (i) your breach or alleged breach of these Terms of Use;
(ii) any claims, costs, injuries, losses and damages related to any unauthorized use of the Content; (iii) your violation or alleged violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental or quasi-governmental authorities in connection with your use of the Site or you activities in connection with the Site; (iv) your use, and misuse of the Site and your activities in connection with the Site;
(v) your violation or infringement of copyright or other intellectual property or other rights of third parties contained in your Submissions and/or any other violation of law or breach of contract obligations relating to the Submissions; (vi) any misrepresentation made by you; and (vii) Mastercard's use of the information that you submit to us (including your Submissions).
Qualifications & exceptions
The indemnity covers seven listed matters, and several cover alleged rather than proven breaches or violations.
Item (vii) covers claims arising from Mastercard's own use of the information you submit, including Submissions.
Legal Rights & Agreement Rules · Restriction or exception
You must cooperate in Mastercard's defense, which it can take over, and cannot settle without its consent
You must cooperate as fully and reasonably as required in Mastercard's defense of any claim. Mastercard may, at its own expense, assume the exclusive defense and control of any matter otherwise subject to your indemnification, and you may not settle any matter without Mastercard's prior written consent.
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YOU WILL COOPERATE AS FULLY AND AS REASONABLY REQUIRED IN MASTERCARD'S DEFENSE OF ANY CLAIM. MASTERCARD RESERVES THE RIGHT, AT ITS OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, AND YOU SHALL NOT, IN ANY EVENT, SETTLE ANY MATTER WITHOUT THE PRIOR WRITTEN CONSENT OF MASTERCARD.
Legal Rights & Agreement Rules · Restriction or exception
Mastercard does not guarantee the Site's information is complete, accurate or timely
Mastercard says it will use reasonable efforts to make sure material on the Site is correct, but that completeness, accuracy, timeliness or adequacy cannot be guaranteed. It assumes no responsibility or liability for the accuracy, completeness or authenticity of any information on the Site. Mentioning a third party's product, charity organization, process, publication or service does not imply Mastercard's endorsement or recommendation.
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While Mastercard will use reasonable efforts to ensure that all material on this Site is correct; however, completeness, accuracy, timeliness, or adequacy 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.
Reference to any product, charity organization or process, publication or service of any third party by trade name, domain name, trademark, service mark, logo, manufacturer or otherwise does not constitute or imply its endorsement or recommendation by Mastercard.
Security & Safeguards · Restriction or exception
Mastercard disclaims responsibility for damage to your device from security breaches, viruses or malfunctions
The Terms say the Internet may be subject to security breaches and that Mastercard is not responsible for resulting damage to a user's device or computer from any such breach, or from any virus, bugs, tampering, unauthorized intervention, fraud, error, omission, interruption, deletion, defect, delay in operation or transmission, computer line failure or any other technical or other malfunction. They also warn that email and other submissions over the Internet may not be secure, which you should consider before emailing Mastercard information or posting information to the Site.
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The Internet may be subject to breaches of security. Mastercard is not responsible for any resulting damage to any user's device or computer from any such security breach, or from any virus, bugs, tampering, unauthorized intervention, fraud, error, omission, interruption, deletion, defect, delay in operation or transmission, computer line failure or any other technical or other malfunction.
You should also be aware that e-mail and other submissions over the Internet may not be secure, and you should consider this before e-mailing Mastercard any information or posting information to the Site.
Legal Rights & Agreement Rules · Restriction or exception
Mastercard makes no promise about the Site's suitability, performance or availability
Mastercard makes no representation or warranty whatsoever about the suitability, functionality, performance, availability or operation of the Site, and says the Site may be temporarily unavailable because of maintenance or a malfunction of computer equipment. The following section separately provides the Site "as is" and "as available".
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Mastercard makes no representation or warranty whatsoever regarding the suitability, functionality, performance, availability or operation of the Site. The Site may be temporarily unavailable due to maintenance or malfunction of computer equipment.
Legal Rights & Agreement Rules · Restriction or exception
The Site is provided "as is" and "as available", and Mastercard disclaims all warranties
The Site, its Content and the services provided on or through it are provided to you "as is" and "as available". All warranties, express or implied, are disclaimed, including any warranty or condition of satisfactory quality, merchantability, title or non-infringement, quality of information, or fitness for general use or a particular purpose. No information or service you get through the Site creates a warranty not expressly stated in the Terms. Mastercard also disclaims all warranties about the availability of the Site, that it will operate error-free, that defects will be corrected, or that it is free of viruses or other harmful components.
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THE SITE, AND ALL CONTENT CONTAINED THEREIN, AND SERVICES PROVIDED BY, ON OR THROUGH THE SITE, ARE PROVIDED TO YOU "AS IS," AND "AS AVAILABLE," AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE HEREBY DISCLAIMED, INCLUDING ANY WARRANTY OR CONDITION OF SATISFACTORY QUALITY, MERCHANTABILITY, TITLE/NON-INFRINGEMENT, QUALITY OF INFORMATION, OR FITNESS FOR GENERAL USE OR FOR A PARTICULAR PURPOSE.
NO INFORMATION OR SERVICE OBTAINED BY YOU 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 SITE WILL OPERATE ERROR-FREE, THAT DEFECTS WILL BE CORRECTED OR THAT THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
NOTHING IN THESE TERMS OF USE EXCLUDES OR LIMITS MASTERCARD'S LIABILITY FOR ANY MATTER FOR WHICH IT WOULD BE ILLEGAL FOR MASTERCARD TO EXCLUDE OR ATTEMPT TO EXCLUDE ITS LIABILITY.
Qualifications & exceptions
Nothing in the Terms excludes or limits Mastercard's liability for any matter for which it would be illegal for Mastercard to exclude or attempt to exclude liability.
Not stated here
The source punctuates "THAT THE SITE WILL OPERATE ERROR-FREE, THAT DEFECTS WILL BE CORRECTED OR THAT THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS" as a separate sentence from the availability disclaimer; it reads as continuing that disclaimer, but the source does not say so.
Legal Rights & Agreement Rules · Restriction or exception
You use the Site at your own risk and are responsible for damage to your computer or data
Your use of the Site, and any content or service you download or otherwise get through it, is at your own risk. You are solely responsible for any damage to your computer system or any data loss that may result from using the Site, including damage from computer viruses.
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YOUR USE OF THIS SITE IS AT YOUR OWN RISK, ANY CONTENT OR SERVICE 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 OF USE EXCLUDES OR LIMITS MASTERCARD'S LIABILITY FOR ANY MATTER FOR WHICH IT WOULD BE ILLEGAL FOR MASTERCARD TO EXCLUDE OR ATTEMPT TO EXCLUDE ITS LIABILITY.
Qualifications & exceptions
Nothing in the Terms excludes or limits Mastercard's liability for any matter for which it would be illegal for Mastercard to exclude or attempt to exclude liability.
Legal Rights & Agreement Rules · Restriction or exception
Mastercard and its partners are not liable for indirect, consequential or similar damages
To the maximum extent permitted by law, Mastercard, its business partners and their affiliates are not liable for indirect, special, punitive, exemplary or consequential damages of any kind, property damage, loss of use, loss of business, economic loss, loss of data or loss of profits, whatever the form of action (including contract, negligence or other tort), arising out of or in connection with your use of or access to the Site or its Content, even if they were told such damage or loss was possible.
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Supporting quotations
TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT SHALL MASTERCARD, ITS BUSINESS PARTNERS OR THEIR RESPECTIVE AFFILIATES BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, CONSEQUENTIAL DAMAGES WHATSOEVER, 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 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.
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.
Qualifications & exceptions
The exclusion applies to the maximum extent permitted under applicable law.
It does not exclude or limit Mastercard's liability for death or personal injury caused by its negligence, for fraud or fraudulent misrepresentation, or for any matter it would be illegal to exclude.
Legal Rights & Agreement Rules · Restriction or exception
Mastercard's total liability to you is capped at the lesser of what you paid or $10
Mastercard's total liability to you for all damages, losses and causes of action, whether in contract, tort (including negligence) or otherwise, may not exceed the amount you paid, if any, or USD $10, whichever is less, for accessing or participating in any activity related to the Site. The three exceptions in the same section apply: death or personal injury caused by Mastercard's negligence, fraud or fraudulent misrepresentation, and any matter it would be illegal to exclude.
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Supporting quotations
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 USD $10 (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.
Qualifications & exceptions
The cap covers all damages, losses and causes of action, in contract, tort or otherwise, but not death or personal injury caused by Mastercard's negligence, fraud or fraudulent misrepresentation, or any matter it would be illegal to exclude.
Not stated here
The text does not say whether a donation to a charity counts as an amount "paid by you" for accessing or participating in activity related to the Site.
The text does not say what the cap is if you have paid no amount.
Charges & Financial Obligations · Restriction or exception
Mastercard is not responsible for card account fees or penalties from your use of the Site
Mastercard says, without limiting the foregoing, that it is not responsible for any card account fees or penalties you incur on your Mastercard card account as a result of using the Site or taking part in the Program.
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Without limiting the foregoing, we are not responsible for any card account fees or penalties that you incur on your Mastercard card account as a result of your use of the Site or participation in the Program.
Charges & Financial Obligations · Restriction or exception
Mastercard does not guarantee donations are tax-deductible or that a charity keeps its status
Mastercard does not represent, warrant or guarantee that any or all donations made via "the Platform" will be deductible or tax-free for income or other tax purposes, or that your chosen charity has or will continue to have charitable or non-profit status, or complies with legal requirements applicable to charities in any jurisdiction.
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Mastercard does not represent, warrant or guarantee that any or all donations made via the Platform will be deductible or tax-free for income or other tax purposes, or that your chosen charitable organization has or will continue to have charitable or non-profit status, or complies with legal requirements applicable to charitable organizations in any jurisdiction.
Not stated here
The text says "the Platform", which the Terms do not define.
Charges & Financial Obligations · Restriction or exception
Tax consequences are your responsibility, and Mastercard provides no separate tax receipt
Any tax liability from taking part in the Program is your sole responsibility, not the responsibility of Mastercard, the Site or the financial institution that issued your card. You must work out the tax consequences of a donation yourself, and if you need a tax receipt or certificate you must request it from the charity you donated to. Mastercard will not provide a separate tax receipt as part of the donation process.
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Supporting quotations
Any tax liability resulting from your participation in the Program shall be your sole responsibility, and not our responsibility or the responsibility of the Site, Mastercard or the financial institution that issued your Mastercard card.
if you require a tax receipt or tax certificate in connection with a donation made through the Site it is your sole responsibility to request this from the relevant charitable organization to which you are donating. Mastercard will not provide you with a separate tax receipt as part of the donation process.
Charges & Financial Obligations · Context
Mastercard is not your card issuer; card questions go to your bank, and these Terms are not a cardholder agreement
The section heading says these Terms of Use do not apply to any Mastercard payment card cardholder agreement. Mastercard says it is a payment services organization, not a financial institution, and does not issue credit, debit, prepaid or other payment cards. Your Mastercard-branded card relationship is with the issuing bank or financial institution, and questions or issues about your card or cardholder account should go to that bank, not to Mastercard. Mastercard's relationship with your issuing bank does not pertain to individual cardholders or payment card accounts.
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16. Inapplicability of Terms of Use to any Mastercard Payment Card Cardholder Agreement
Mastercard is not a financial institution and does not issue credit, debit, prepaid or payment cards of any type of nature. 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.
Legal Rights & Agreement Rules · Context
The Site is operated by Mastercard and hosted by Goodworld
Section 17 says the Site is operated by Mastercard and hosted by Goodworld.
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17. Site Operator and Host
This Site is operated by Mastercard and hosted by Goodworld.
Legal Rights & Agreement Rules · Restriction or exception
Section 18 is deemed a written agreement to arbitrate and can be amended only by mutual agreement
Certain portions of Section 18 (Dispute Resolution) are deemed a "written agreement to arbitrate" under the Federal Arbitration Act, and you and Mastercard agree they are intended to satisfy the Act's "writing" requirement. Section 18 can only be amended by mutual agreement. Section 4 separately lets Mastercard revise the Terms of Use at any time by posting and does not mention this limit.
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18. Dispute Resolution
Certain portions of this Section are deemed to be a "written agreement to arbitrate" pursuant to the Federal Arbitration Act. You and Mastercard agree that we intend that this Section satisfies the "writing" requirement of the Federal Arbitration Act.
This Section can only be amended by mutual agreement.
Qualifications & exceptions
Only "certain portions" of Section 18 are deemed a written agreement to arbitrate.
Not stated here
The text does not say which portions of Section 18 are the "written agreement to arbitrate".
Legal Rights & Agreement Rules · Restriction or exception
You and Mastercard can bring claims only individually, not as a class or representative action
You and Mastercard each agree to 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 or as an association. Disputes are arbitrated only on an individual basis and are not joined or consolidated with other parties' proceedings. There is no right or authority for a Dispute to be arbitrated as a class action or in a representative capacity on behalf of the general public or others similarly situated. The arbitrator has no power to vary these class action waiver provisions.
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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 OR AS AN ASSOCIATION.
Disputes will be arbitrated only on an individual basis and will not be joined or consolidated with any other arbitrations or other proceedings that involve any claim or controversy of any other party. There shall be no right or authority for any Dispute to be arbitrated on a class action basis or on any basis involving Disputes brought in a purported representative capacity on behalf of the general public, or other persons or entities similarly situated.
But if, for any reason, any court with competent jurisdiction holds that this restriction is unconscionable or unenforceable, then our agreement in Section (B) to arbitrate will not apply and the Dispute must be brought exclusively in court pursuant to Section (G).
Notwithstanding any other provision of this Section, any and all issues relating to the scope, interpretation and enforceability of the class action waiver provisions contained herein (described in this "No Class Action Matters" section), are to be decided only by a court of competent jurisdiction, and not by the arbitrator. The arbitrator does not have the power to vary these class action waiver provisions.
Qualifications & exceptions
If a competent court holds the waiver unconscionable or unenforceable, the agreement to arbitrate does not apply and the Dispute must be brought exclusively in court under Section G (Westchester County, New York).
Only a court, not the arbitrator, decides questions about the waiver's scope, interpretation and enforceability.
Legal Rights & Agreement Rules · User right or choice
Either side may take a qualifying Dispute to small claims court instead of arbitration
Despite the arbitration requirement, either you or Mastercard may bring a qualifying claim in a small claims court of competent jurisdiction.
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Supporting quotations
Notwithstanding the foregoing, either of us may bring qualifying claim of Disputes (but not Excluded Disputes) in small claims court of competent jurisdiction.
Qualifications & exceptions
This option covers Disputes but not Excluded Disputes (claims about Mastercard's intellectual property rights).
Legal Rights & Agreement Rules · Restriction or exception
Court actions that are allowed must be brought in Westchester County, New York
Any action or proceeding relating to a Dispute or Excluded Dispute may be brought only in state or Federal court in Westchester County, New York, and you and Mastercard consent to the exclusive personal jurisdiction and venue of those courts. This does not apply where arbitration is required, to small claims actions, or to enforcing an arbitration decision or award.
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Supporting quotations
Except where arbitration is required as above, small claims actions, or with respect to the enforcement of any arbitration decision or award, any action or proceeding relating to any Dispute or Excluded Dispute arising hereunder may only be instituted in state or Federal court in Westchester County, New York.
Accordingly, you and Mastercard consent to the exclusive personal jurisdiction and venue of such courts for such matters.
Qualifications & exceptions
The Westchester County requirement does not apply where arbitration is required, to small claims actions, or to enforcement of an arbitration decision or award.
Legal Rights & Agreement Rules · Restriction or exception
New York law governs the Terms, and the UN sales convention is excluded
The Terms, including any non-contractual obligations or liabilities arising out of or in connection with them, are to be construed, interpreted and performed exclusively under New York law, without giving effect to conflict-of-laws principles. The United Nations Convention on Contracts for the International Sale of Goods (1980) is excluded entirely. Section 18(B) separately says the Federal Arbitration Act governs arbitrability and that "New York or federal law" governs claims, which is not the same wording as "exclusively" New York law.
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These Terms of Use including any non-contractual obligations or liabilities arising out of or in connection with them, shall be construed, interpreted and performed exclusively according to the laws of New York without giving effect to any principles of conflicts of law.
The United Nations Convention on Contracts for the International Sale of Goods (1980) is hereby excluded in its entirety from application to these Terms of Use.
Mastercard and you agree, however, that New York or federal law shall apply to and govern, as appropriate, any and all claims or causes of action, remedies, and damages arising between you and Mastercard regarding these Terms of Use and the Site, whether arising or stated in contract, statute, common law, or any other legal theory, without regard to New York's choice of law principles.
Qualifications & exceptions
Section 18(B) says New York or federal law governs claims, as appropriate.
Not stated here
This section says "exclusively" New York law while Section 18(B) says "New York or federal law"; the Terms do not say how the two statements fit together.
Legal Rights & Agreement Rules · Restriction or exception
You agree your losses will not entitle you to an injunction or to stop Mastercard's products
If you claim that you have incurred loss, damages or injuries connected with your use of the Site, you agree they will not be irreparable or enough to entitle you to an injunction or other equitable relief of any kind. In connection with your claim, you agree you will not seek, and will not be permitted to obtain, any court or other action that may interfere with or prevent the development or exploitation of any website, application, content, user-generated content, submissions, product, service or intellectual property owned, licensed, used or controlled by Mastercard (including your licensed Submissions) or by a Mastercard licensor. Section 18(D) separately lets Mastercard take legal action to seek an injunction or other equitable relief.
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IF YOU CLAIM THAT YOU HAVE INCURRED ANY LOSS, DAMAGES, OR INJURIES IN CONNECTION WITH YOUR USE OF THE SITE, THEN THE LOSSES, DAMAGES, AND INJURIES WILL NOT BE IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION OR TO OTHER EQUITABLE RELIEF OF ANY KIND.
THIS MEANS THAT, IN CONNECTION WITH YOUR CLAIM, YOU AGREE THAT YOU WILL NOT SEEK, AND THAT YOU WILL NOT BE PERMITTED TO OBTAIN, ANY COURT OR OTHER ACTION THAT MAY INTERFERE WITH OR PREVENT THE DEVELOPMENT OR EXPLOITATION OF ANY WEBSITE, APPLICATION, CONTENT, USER-GENERATED CONTENT, SUBMISSIONS, PRODUCT, SERVICE, OR INTELLECTUAL PROPERTY OWNED, LICENSED, USED OR CONTROLLED BY MASTERCARD (INCLUDING YOUR LICENSED SUBMISSIONS) OR A LICENSOR OF MASTERCARD.
The foregoing provisions of this Section will not apply to any legal action taken by Mastercard to seek an injunction or other equitable relief
Qualifications & exceptions
Applies to a claim of loss, damages or injury in connection with your use of the Site.
Legal Rights & Agreement Rules · Restriction or exception
You are responsible for following export, import and sanctions laws for Site content and software
Content and software from the Site may be subject to U.S. export jurisdiction and the import jurisdiction of other countries. You are solely responsible for complying with all applicable export, re-export and import control laws and regulations of all applicable jurisdictions, including those of the U.S. Department of Commerce (Export Administration Regulations), the International Traffic in Arms Regulations, and OFAC country-specific economic sanctions programs. You may not directly or indirectly use, distribute, transfer or transmit content or software from the Site, or products or technical information that incorporate them, except in compliance with all applicable export and import laws and regulations of all relevant jurisdictions.
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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.
Legal Rights & Agreement Rules · Company practice
Mastercard may investigate suspected breaches, work with law enforcement and prosecute violators
Mastercard reserves the right, without any limitation, to investigate suspected breaches of its Site security or its information technology or other systems or networks; to investigate suspected breaches of the Terms and any additional terms; to investigate information it obtains in connection with reviewing law enforcement databases or complying with criminal laws; to involve and cooperate with law enforcement authorities in these investigations; and to prosecute violators of the Terms.
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Mastercard reserves the right, without any limitation, to: (i) investigate any suspected breaches of its Site security or its information technology or other systems or networks, (ii) investigate any suspected breaches of these Terms of Use and any additional terms, (iii) investigate any information obtained by Mastercard in connection with reviewing law enforcement databases or complying with criminal laws, (iv) involve and cooperate with law enforcement authorities in investigating any of the foregoing matters, (v) prosecute violators of these Terms of Use
Mastercard may discontinue the Site or suspend or end your access at any time, without notice, for any reason
Mastercard reserves the right to discontinue the Site in whole or in part, or to suspend or terminate your access to it in whole or in part, including any user accounts or registrations, at any time, without notice, for any reason and without any obligation to you or any third party. A suspension or termination does not affect your obligations under the Terms. When your access is suspended or terminated, or when Mastercard gives notice, all rights granted to you under the Terms cease immediately and you agree to stop using the Site immediately. Section 4 separately says Mastercard may discontinue the Program at any time without notice.
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Supporting quotations
(vi) discontinue the Site, in whole or in part, or, except as may be expressly set forth in any additional terms, suspend or terminate your access to it, in whole or in part, including any user accounts or registrations, at any time, without notice, for any reason and without any obligation to you or any third party.
Any suspension or termination will not affect your obligations to Mastercard under these Terms of Use. Upon suspension or termination of your access to the Site, or upon notice from Mastercard, all rights granted to you under these Terms of Use will cease immediately, and you agree that you will immediately discontinue use of the Site.
or discontinue the Program at any time without notice to you
Qualifications & exceptions
Suspending or terminating your access is subject to anything expressly set out in any additional terms.
Legal Rights & Agreement Rules · Restriction or exception
Terms that by their nature should survive, including indemnities and liability limits, continue after termination
Provisions of the Terms that by their nature should survive your suspension or termination do survive. The Terms name the rights and licenses you grant to Mastercard, the indemnities, releases, disclaimers and limitations on liability, and the provisions on jurisdiction, choice of law and no class action.
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The provisions of these Terms of Use, which by their nature should survive your suspension or termination will survive, including the rights and licenses you grant to Mastercard in these Terms of Use, as well as the indemnities, releases, disclaimers, and limitations on liability and the provisions regarding jurisdiction, choice of law, and no class action.
Not stated here
The survival sentence names "releases", but the Terms of Use text supplied has no provision that grants a release by name.
Legal Rights & Agreement Rules · Restriction or exception
The Terms are the entire agreement, but designated notices on particular pages may supersede or add to them
Except as provided in the Terms, they are the entire agreement between you and Mastercard on their subject matter. Certain provisions 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 the Site.
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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.
Qualifications & exceptions
Designated legal notices or terms on particular pages, applications, tools or other materials within the Site can supersede or add to certain provisions.
Not stated here
Which notices or pages supersede or add to which provisions is not stated in this document.
Legal Rights & Agreement Rules · Restriction or exception
If a provision is unenforceable the rest stays, and Mastercard's failure to enforce is not a waiver
If any part of the Terms is held unlawful, void, invalid or unenforceable, that part is treated as severable and does not affect the validity and enforceability of the remaining provisions. Mastercard's failure to enforce any provision of the Terms or any additional terms is not a waiver of that provision or of its right to enforce it.
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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.
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.
The Terms and related documents can be accepted electronically
The Terms and any related documents may be accepted in electronic form, such as by an electronic or other means of demonstrating assent, and your acceptance is deemed binding between you and Mastercard.
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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.
Before arbitration, send a written notice and talk with Mastercard for 60 days
A "Dispute" is any controversy, allegation or claim that arises out of or relates to the Site, the Content, your Submissions or the Terms, whenever it arose or arises (the source says "heretofore or hereafter arising"). A claim about Mastercard's actual or alleged intellectual property rights is an "Excluded Dispute", which includes the actions described in Section D. For either, you and Mastercard agree to send the other a written notice with a reasonable description and a proposed resolution. Your notice goes to Mastercard, 2000 Purchase Street, Purchase, NY 10577 (Attn: Legal Department). For 60 days from receipt of the other party's notice you and Mastercard will talk to try to resolve it, though neither of you has to settle on terms it is not comfortable with, in its sole discretion.
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Supporting quotations
If any controversy, allegation, or claim arises out of or relates to the Site, the Content, your Submissions, these Terms of Use, whether heretofore or hereafter arising (collectively, "Dispute"), or to any of Mastercard's actual or alleged intellectual property rights (an "Excluded Dispute", which includes those actions set forth in Section (D) below), then you and we agree to send a written notice to the other providing a reasonable description of the Dispute or Excluded Dispute, along with a proposed resolution of it.
Your notice to us must be sent to: Mastercard, 2000 Purchase Street, Purchase, NY 10577 (Attn: Legal Department).
For a period of sixty (60) days from the date of receipt of notice from the other party, Mastercard and you will engage in a dialogue in order to attempt to resolve the Dispute or Excluded Dispute, though nothing will require either you or Mastercard to resolve the Dispute or Excluded Dispute on terms with respect to which you and Mastercard, in each of our sole discretion, are not comfortable.
Qualifications & exceptions
The 60 days run from receipt of the other party's notice.
Neither side has to resolve the matter on terms it is not comfortable with, in its sole discretion.
Legal Rights & Agreement Rules · Restriction or exception
Mastercard sends its dispute notice to the contact details you gave it, and owes none if there are none
Mastercard's notice to you under the pre-dispute step is sent using the most recent contact information you provided. If no such contact information exists, or it is not current, Mastercard has no obligation under that step.
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Our notice to you will be sent to you based on the most recent contact information that you provide us. But if no such contact information exists or if such information is not current, then we have no obligation under this Section (A).
Legal Rights & Agreement Rules · Restriction or exception
Disputes not resolved within 60 days must go to final and binding arbitration, with exceptions
If you and Mastercard cannot resolve a Dispute through the notice step within 60 days of receiving notice (or agree in writing to arbitrate an Excluded Dispute), any and all disputes between you and Mastercard must be resolved by final and binding arbitration. This includes disputes based on any product, application, service or advertising connected to the Site, under any legal theory (contract, statute, tort including negligence and fraud, and others), and whether they arose before or after the Terms took effect. The Federal Arbitration Act governs arbitrability, including the class action waiver, and each party gives up the right to go to court and have a dispute heard by a judge or jury. Exceptions: either of you may bring qualifying Disputes (not Excluded Disputes) in small claims court; the arbitration provisions do not apply to legal action by Mastercard for an injunction or other equitable relief; if a court holds the class action waiver unenforceable, the arbitration agreement does not apply and the Dispute goes to court; and court actions to enforce an arbitration award are allowed. New York or federal law governs the claims, without regard to New York's choice of law principles.
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If we cannot resolve a Dispute as set forth in Section (A) (or agree to arbitration in writing with respect to an Excluded Dispute) within sixty (60) days of receipt of the notice, then ANY AND ALL DISPUTES ARISING BETWEEN YOU AND MASTERCARD MUST BE RESOLVED BY FINAL AND BINDING ARBITRATION.
THIS INCLUDES ANY AND ALL DISPUTES BASED ON ANY PRODUCT, APPLICATION, SERVICE OR ADVERTISING CONNECTED TO THE PROVISION OR USE OF THE SITE (WHETHER BASED IN CONTRACT, STATUTE, REGULATION, ORDINANCE, TORT - INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, FRAUD, ANY OTHER INTENTIONAL TORT OR COMMON LAW, CONSTITUTIONAL PROVISION, RESPONDEAT SUPERIOR, AGENCY OR ANY OTHER LEGAL OR EQUITABLE THEORY - AND WHETHER ARISING BEFORE OR AFTER THE EFFECTIVE DATE OF THESE TERMS OF USE.
The Federal Arbitration Act ("FAA") shall govern the arbitrability of all disputes between Mastercard and you regarding these Terms of Use and the Site, including the "No Class Action Matters" Section below.
BY AGREEING TO ARBITRATE, EACH PARTY IS GIVING UP ITS RIGHT TO GO TO COURT AND HAVE ANY DISPUTE HEARD BY A JUDGE OR JURY.
Mastercard and you agree, however, that New York or federal law shall apply to and govern, as appropriate, any and all claims or causes of action, remedies, and damages arising between you and Mastercard regarding these Terms of Use and the Site, whether arising or stated in contract, statute, common law, or any other legal theory, without regard to New York's choice of law principles.
Notwithstanding the foregoing, either of us may bring qualifying claim of Disputes (but not Excluded Disputes) in small claims court of competent jurisdiction.
The foregoing provisions of this Section will not apply to any legal action taken by Mastercard to seek an injunction or other equitable relief
But if, for any reason, any court with competent jurisdiction holds that this restriction is unconscionable or unenforceable, then our agreement in Section (B) to arbitrate will not apply and the Dispute must be brought exclusively in court pursuant to Section (G).
Except where arbitration is required as above, small claims actions, or with respect to the enforcement of any arbitration decision or award, any action or proceeding relating to any Dispute or Excluded Dispute arising hereunder may only be instituted in state or Federal court in Westchester County, New York.
Qualifications & exceptions
Arbitration applies only after the 60-day notice step has run without resolution, or if the parties agree in writing to arbitrate an Excluded Dispute.
Either party may instead bring a qualifying Dispute (not an Excluded Dispute) in small claims court.
The arbitration provisions do not apply to legal action by Mastercard for an injunction or other equitable relief.
If a court holds the class action waiver unconscionable or unenforceable, the arbitration agreement does not apply and the Dispute must be brought in court.
Not stated here
Paragraph B says "any and all disputes" in lower case; the defined terms are Dispute and Excluded Dispute, and Excluded Disputes are arbitrated only if the parties agree in writing.
contrast (model-proposed): New York law governs the Terms, and the UN sales convention is excluded — Section 19 says the Terms are construed exclusively under New York law; Section 18(B) says New York or federal law applies, as appropriate, and that the Federal Arbitration Act governs arbitrability. The Terms do not reconcile the wording.
Arbitration follows AAA consumer rules, with an in-person hearing in your home area and an individual-only award
A Dispute is resolved solely by binding arbitration under the American Arbitration Association's then-current Commercial Arbitration Rules, as modified by Section 18, and its Supplementary Procedures for Consumer Related Disputes, administered by the AAA. If an in-person hearing is required, it is held in the metropolitan statistical area where you live when the Dispute is submitted to arbitration. The arbitrator applies and is bound by the Terms, decides according to applicable law and the facts in the record, and issues a reasoned award only in favor of the individual party seeking relief and only to the extent of that party's individual claim. Issues about the enforceability of the arbitration and class action waiver provisions are for the court. The arbitration provision survives termination of the Terms or the Site. The Terms give the AAA's phone number (800.778.7879) and web address (http://www.adr.org) for its procedures, rules and fee information.
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A Dispute will be resolved solely by binding arbitration in accordance with the then-current Commercial Arbitration Rules ("Rules") of the American Arbitration Association ("AAA"), except as modified herein, and in accordance with the AAA's Supplementary Procedures for Consumer Related Disputes. The arbitration will be administered by the AAA.
If an in-person arbitration hearing is required, then it will be conducted in the "metropolitan statistical area" (as defined by the U.S. Census Bureau) where you are a resident at the time the Dispute is submitted to arbitration.
The arbitrator will apply and be bound by these Terms of Use, and will determine any Dispute according to applicable law and facts based upon the record and no other basis, and will issue a reasoned award only in favor of the individual party seeking relief and only to the extent to provide relief warranted by that party's individual claim.
Issues relating to the enforceability of the arbitration and class action waiver provisions contained herein are for the court to decide. This arbitration provision shall survive termination of these Terms of Use or the Site.
You can obtain AAA procedures, rules, and fee information as follows: 800.778.7879 and http://www.adr.org.
Qualifications & exceptions
The hearing location rule applies only if an in-person hearing is required.
Questions about the enforceability of the arbitration and class action waiver provisions are for the court, not the arbitrator.
Charges & Financial Obligations · Restriction or exception
You and Mastercard each pay arbitration costs under the AAA rules, but Mastercard may elect to pay more
You and Mastercard pay the administrative and arbitrator's fees and other costs in accordance with the applicable arbitration rules. If those rules or applicable laws require Mastercard to pay a greater portion or all of the fees and costs for Section 18 to be enforceable, Mastercard has the right to elect to pay them and proceed to arbitration.
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Supporting quotations
You and we will pay the administrative and arbitrator's fees and other costs in accordance with the applicable arbitration rules; but if applicable arbitration rules or laws require Mastercard to pay a greater portion or all of such fees and costs in order for this Section to be enforceable, then Mastercard will have the right to elect to pay the fees and costs and proceed to arbitration.
Not stated here
The Terms do not state the amount of the fees or how they would be split under the AAA rules.
Legal Rights & Agreement Rules · Restriction or exception
Disputes must be started within one year after they arise or they are barred
To the fullest extent permitted by law, if you or Mastercard want to assert a Dispute (but not an Excluded Dispute) against the other, it must be commenced within one year after the Dispute arises or it is forever barred. Commencing means delivering the written notice under Section A, filing for arbitration with the AAA under Section B, or filing an action in state or Federal court. The parties expressly waive any contrary statute of limitations or time bars, legal and equitable, for Disputes.
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Supporting quotations
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IF YOU OR WE WANT TO ASSERT A DISPUTE (BUT NOT AN EXCLUDED DISPUTE) AGAINST THE OTHER, THEN YOU OR WE MUST COMMENCE IT (BY DELIVERY OF WRITTEN NOTICE AS SET FORTH IN SECTION (A)) WITHIN ONE (1) YEAR AFTER THE DISPUTE ARISES -- OR IT WILL BE FOREVER BARRED.
Commencing means, as applicable (a) by delivery of written notice as set forth above in Section (A); (b) filing for arbitration with the AAA as set forth in Section (B); or (c) filing an action in state or Federal court. The parties expressly waive any contrary statute of limitations or time bars, both legal and equitable, to the Disputes.
Qualifications & exceptions
The one-year limit applies to Disputes, not to Excluded Disputes, and only to the fullest extent permitted by law.
Not stated here
The text does not say when a Dispute "arises" for the one-year period.
Legal Rights & Agreement Rules · Restriction or exception
Mastercard can go to court for an injunction or other equitable relief instead of arbitrating
The arbitration provisions do not apply to legal action Mastercard takes to seek an injunction or other equitable relief about any actual or potential loss, cost or damage relating to the Site, any Content, your Submissions, Mastercard's intellectual property rights, Mastercard's operations, or its products or services. The carve-out is written for actions taken by Mastercard. Section 19 separately says that if you claim loss, damage or injury connected with the Site, it will not be irreparable or enough to entitle you to an injunction or other equitable relief.
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Supporting quotations
The foregoing provisions of this Section will not apply to any legal action taken by Mastercard to seek an injunction or other equitable relief in connection with, any loss, cost, or damage (or any potential loss, cost, or damage) relating to the Site, any Content, your Submissions and/or Mastercard's intellectual property rights (including such Mastercard may claim that may be in dispute), Mastercard's operations, and/or Mastercard's products or services.
THEN THE LOSSES, DAMAGES, AND INJURIES WILL NOT BE IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION OR TO OTHER EQUITABLE RELIEF OF ANY KIND.
Qualifications & exceptions
The carve-out covers Mastercard's legal actions relating to the Site, any Content, your Submissions, its intellectual property rights, operations, products or services.
Cross-references
contrast (model-proposed): You agree your losses will not entitle you to an injunction or to stop Mastercard's products — Section 18(D) lets Mastercard take legal action for an injunction or other equitable relief; Section 19 has you agree that your claimed losses will not entitle you to an injunction or other equitable relief. The rights run in different directions.