MasterCard® Worldwide

Canada Terms of Use

Introduction

MasterCard International Incorporated (collectively, "MasterCard" or "we") provide to you www.mastercard.ca (the "MasterCard Site") for your personal informational, educational and entertainment use. You may browse, download from, and otherwise use the MasterCard Site, provided you do so in accordance with the following terms of use, as may be amended from time to time (the "Terms of Use"). By accessing and using the MasterCard Site, you accept and agree to be legally bound by these Terms of Use without limitation or qualification. If you do not agree with these Terms of Use, please do not use the MasterCard Site.

Right to Use Site Content

We are granting you a limited, nonexclusive, revocable license for you to view, share, print or download any Content, as defined below, from the MasterCard Site for your own personal use. You are not granted the right to license, republish, distribute copy, assign, sublicense, transfer, sell, prepare derivative works of, or otherwise make any non-personal use of, any Content on the MasterCard Site. No part of any Content may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical, other than for your own personal use or as specifically described herein. You may not access or use the MasterCard Site in any way that could or is intended to damage or impair the MasterCard Site, or any server or network underlying the MasterCard Site, or interfere with anyone else's use and enjoyment of the MasterCard Site. You are also granted a limited, revocable, and nonexclusive right to create a hyperlink to the Site or any of its Content therein so long as the link does not portray MasterCard, or its products or services in a false, misleading, derogatory, or otherwise offensive matter or imply a sponsorship or endorsement of your site, page or content by MasterCard.

You may not use automated or other systems (e.g., robots, spiders, etc.) to access the MasterCard Site. You agree not to collect personally identifiable information of other users of the MasterCard Site or to sell or otherwise exploit that information. Except for the limited rights expressly granted herein, all right, title and interest in and to the MasterCard Site and all Content, as defined below, contained therein are reserved and owned by MasterCard.

MASTERCARD RETAINS THE RIGHT TO DENY ACCESS TO THIS MASTERCARD 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.

Changes to the MasterCard Site and Terms of Use

MasterCard reserves the right to change or modify any Content, materials or information appearing on or in connection with this MasterCard Site, including these Terms of Use, or to discontinue this MasterCard Site (in whole or in part), at any time without notice or liability to you. MasterCard may at any time revise these Terms of Use by updating this posting. You are responsible for regularly reviewing the Terms of Use. Any changes or revisions are effective immediately upon posting. Your continued use of, or access to, the MasterCard Site following any such changes constitutes your acceptance of such changes.

Intellectual Property Rights

The MasterCard Site Content is protected by applicable intellectual property laws and all Content is owned by MasterCard or used by MasterCard under a license or with permission. All text, formatting (including, without limitation, the selection, coordination and arrangement of materials on the MasterCard Site, and the images, graphics, animation, tools, widgets, applications, commercials, videos, music, sounds, articles, copy, creative materials, photos, trade-marks, service marks, trade names, and logos, and any other materials and information on this MasterCard Site (collectively "Content") are subject to the intellectual property rights of MasterCard, its subsidiaries and affiliates, and their respective licensors and licensees. Except as specifically provided for herein, these materials may not be copied, reverse engineered, decompiled, disassembled, modified, reposted to other web sites, framed, changed, or otherwise distributed, redistributed, licensed, sublicensed or transferred in any form by you. Nothing contained on the MasterCard Site shall be construed as granting, by implication, estoppel or otherwise, any license or right to make commercial use of any MasterCard trade-mark, intellectual property right or copyrighted material without MasterCard's prior written permission. The trade-marks, logos, trade names and service marks, whether registered or unregistered (collectively the "Trade-marks") displayed on the MasterCard Site are Trade-marks of MasterCard and its third party alliance partners. Nothing contained on the MasterCard Site should be construed as granting by implication or otherwise, any license or right to use any Trade-mark displayed on the MasterCard Site without the written permission of MasterCard or such third party that may own the Trade-mark.

Any unauthorized commercial use of the Content or Trade-marks will violate MasterCard's intellectual property rights and will be subject to MasterCard's full legal rights and remedies.

Copyright Complaints

In operating the MasterCard Site, MasterCard may act as a "services provider" and offer services as online provider of materials and links to third party web sites. As a result, third party materials that MasterCard does not own or control may be transmitted, stored, accessed or otherwise made available using the MasterCard Site. MasterCard has in place certain procedures regarding allegations of copyright infringement occurring on the MasterCard 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. If you believe any material available through the MasterCard Site infringes a copyright, you should notify MasterCard using the notice procedure for claimed infringement (as set out below). MasterCard will respond expeditiously to remove or disable access to the material claimed to be infringing and will use its best efforts to resolve the claim between the notifying party and the alleged infringer who provided the Content. You should address infringement notices to: Copyright Agent, 2 Bloor Street West, Suite 1400, Toronto, Ontario M4W 3E2 Attn.: Law Department:

  1. Identify the copyrighted work or other intellectual property that you claim has been infringed;
  2. Identify the material on the MasterCard Site that you claim is infringing, with enough detail so that MasterCard may locate it on the MasterCard Site;
  3. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  4. A statement by you declaring that: (a) the above information in your notice is accurate; and (b) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner;
  5. Your address, telephone number, and email address; and
  6. Your physical or electronic signature

MasterCard may give notice to its users of any infringement notice by means of a general notice on any of its websites, electronic mail to a user's e-mail address in its records, or by written communication sent by first-class mail to a user's physical address in its records. If you receive such an infringement notice, you may provide counter-notification in writing to the designated agent that includes the information below. To be effective, the counter-notification must be a written communication that includes the following:

  1. Your physical or electronic signature;
  2. 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;
  3. A statement from you 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
  4. Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of the courts of the Province of Ontario in the City of Toronto, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.

Interactive Forums and Groups and Feedback

User Submissions and Conduct

As a user of the MasterCard Site you may be permitted to submit your comments or other materials, which may consist of textual content and potentially photos, videos, images audio files, other types of content and links to such content if allowed by the MasterCard Site (collectively referred to as "User Submissions"). You will be solely responsible for your own User Submissions and the consequences of posting or publishing any such content. In connection with your User Submission(s), you affirm, represent, and/or warrant that any User Submission (and each individual component thereof) that you submit is your original work and that you own, or have the necessary licenses, rights, consents and permissions to use and authorize MasterCard to use, any and all User Submissions in any and all media now known or hereinafter invented without territorial or time limitations and without notice or compensation, and further that you have all necessary consents to collect, use and disclose any personally identifiable information, images or likeness contained or displayed in any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the MasterCard Site and these Terms of Use. Further, you agree that you will not submit as part of any User Submission any material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including, without limitation, privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner and the necessary consents from any individuals whose personally identifiable information is contained in such material to post the material and to grant MasterCard all of the license rights granted herein. Furthermore, you warrant and represent that you will disclose the existence of any patent registrations or pending applications held by you which relate in any way to your User Submission.

Further, you hereby agree that you shall not use the MasterCard Site to upload, post, communicate or otherwise submit or transmit through, or to, the MasterCard Site any User Submission that:

  • may, in the sole and absolute discretion of MasterCard, degrade, tarnish or deprecate the MasterCard brand and/or the public image or standing in the community of MasterCard;
  • is deemed, in the sole and absolute discretion of MasterCard, to be defamatory, trade libelous, pornographic or obscene;
  • is deemed, in the sole and absolute discretion of MasterCard, to contain, depict, include, discuss or involve, without limitation, any of the following: nudity; alcohol/drug consumption or smoking; explicit or graphic sexual activity, or sexual innuendo; crude, vulgar or offensive language and/or symbols; derogatory characterizations of any ethnic, racial, sexual, religious or other groups; content that endorses, condones and/or discusses any illegal, inappropriate or risky behaviour or conduct; commercial messages, comparisons or solicitations for products or services other than products of MasterCard; any identifiable third party products, trade-marks, brands and/or logos, other than those of MasterCard (e.g. any materials appearing in your User Submission must not contain any visible logos, trade-marks or other third party materials unless the appropriate consents have been obtained - note: all identifiable third party products, trade-marks, brands and/or logos for which consent has not been obtained must be blurred out so as to be unrecognizable); conduct or other activities in violation of these Terms of Use; and/or any other content that is or could be considered inappropriate, unsuitable or offensive, all as determined by MasterCard in its sole and absolute discretion;
  • contains any reference to or likeness of any identifiable third parties, unless consent has been obtained from each such individual and his/her parent/legal guardian if he/she is under the age of majority in his/her jurisdiction of residence (note: if you cannot obtain the consent of an individual appearing in your User Submission, then his/her face must be blurred out and voice (if applicable) must be altered so as to be unrecognizable);
  • infringes, or might infringe, the intellectual property rights, privacy rights, rights of publicity, or other proprietary rights of others or give rise to any claims for payment whatsoever;
  • contains any viruses, trojan horses, time bombs, or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; and/or
  • contains (in any format or media) any music, logos, trade-marks or other copyrighted materials (e.g. photographs, pictures, texts, lyrics, etc…) unless you have first obtained consent from the owner of such materials.

You acknowledge and agree that no confidential relationship or obligation of secrecy or confidentiality is established between you and MasterCard regarding the User Submission, despite any statement or legend to the contrary on the User Submission and any related materials

Ownership And Use of User Submissions

By making a User Submission, you understand that you are granting MasterCard a worldwide, perpetual, royalty-free, fully-paid, irrevocable, sublicensable, transferrable, non-exclusive license in and to the User Submission (including under copyright, patent, and trade-mark law), including the right to edit, change, and create derivative works, and any concepts or ideas contained in the User Submission, including, without limitation, the documents, artwork, statements, drawings, outlines, proofs, displays, photographs, footage, outtakes, musical scores, audio and video footage, discs, whether in print or electronic form, produced or created by you as part of the User Submission. The license you are granting to MasterCard includes the right of MasterCard and its designees to reproduce the User Submission (in whole or in part), prepare other works using the User Submission (or any components thereof), combine your User Submission with other works, and alter, translate, distribute copies, display, perform, license and apply for copyright registration of the transformed User Submission in the name of MasterCard throughout the world in perpetuity in any media that now exists or may exist in the future. For example, the above grant permits MasterCard and its designees to use only certain portions of your User Submission, rerecord or modify any audio tracks or visual images you provide, rewrite the User Submission, and/or incorporate other materials, either created by MasterCard or licensed from others, with your User Submission. If we create other works using the User Submission, those works will be owned by us and may be used in accordance with these guidelines, and shall not be subject to your approval.

By making a User Submission, you are waiving and agreeing not to assert any copyrights or "moral" rights or claim resulting from our alteration of the User Submission or any photograph(s), footage, illustrations, statements or other work contained in the User Submission. You are also agreeing to appoint MasterCard as your irrevocable attorney-in-fact with respect to the User Submission, with the right to execute and deliver any documents, in your name and on your behalf, to ensure that MasterCard can use the User Submission that you are licensing in any way MasterCard sees fit to own and protect the rights in any derivative works created from your User Submission, and to have the User Submission removed from any other website or forum.

Upon request of MasterCard, you shall execute and deliver such additional instrument of license, as may be solely deemed by MasterCard, reasonably necessary to establish MasterCard's ability to use the User Submission as it sees fit and that "Moral Rights of Authors" are waived under these Terms of Use. Should MasterCard fail to request the said license instrument as stated, that shall not be deemed a waiver of MasterCard's rights and MasterCard may at a later time request the instrument.

Submissions or Feedback

From time to time, we may ask that you for your feedback on the MasterCard Site and/or in relation to MasterCard's products and/or services. Any communication or material you transmit or post will be: (a) treated as non-confidential and non-proprietary by MasterCard; and (b) used without restriction by MasterCard licensees and affiliates at its sole discretion without any obligation, compensation or other liability to you. Without limiting the generality of the license and waivers contemplated above, by transmitting or posting communications or materials to or through the MasterCard Site, you hereby: (i) grant to MasterCard a world-wide, perpetual, irrevocable, transferable, sub-licensable, royalty-free, non-exclusive, and unrestricted license to copy, reproduce, adapt, transmit, edit, modify, or otherwise use, publicly display, distribute, translate and create compilations and derivative works from, any and all communications or materials (in any format or media) that you transmit to, post on, upload or otherwise submit to or through, the MasterCard Site; and (ii) waive all moral rights in and to all such communications or materials you transmit to, post on, upload or otherwise submit to or through, the MasterCard Site in favour of MasterCard. Any use of such communications or materials by MasterCard 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 MasterCard Site or otherwise. MasterCard shall be under no obligation to respond to any such communication. Notwithstanding the foregoing, MasterCard maintains a policy of not accepting or considering any creative ideas, suggestions or materials from the public regarding its products and services (the "Submissions"), and therefore, you should not make any Submissions to MasterCard in any communications through this MasterCard Site or otherwise. Nonetheless, if you do send us a Submission, despite our request not to do so, then such Submission shall immediately become subject to the license provisions set-out above. Furthermore, MasterCard shall be free to use any Submissions for any purpose whatsoever, including, but not limited to, developing and marketing products and services. MasterCard shall not be liable for such use or disclosure of such Submission or for any similarities in the Submission and any future MasterCard products and services.

Merchant and Merchants Offers

Merchants may provide to MasterCard certain discounts, rebates or other benefits (e.g. free shipping) on the purchases of goods and services (the "Offers") that will be available on the MasterCard Site. Such Offers are subject to certain terms and conditions and may change at any time without notice to you. MasterCard will not be liable for any loss or damage incurred as a result of any interaction between you and a merchant with respect to such Offers. Except as set forth herein, all matters, including, but not limited to, delivery of goods and services, returns, and warranties are solely and strictly between you and the applicable merchant(s). You acknowledge that MasterCard and does not endorse or warrant the merchants that are accessible through the MasterCard Site nor the Offers that they provide on either the MasterCard Site or on their own web site.

Contests

From time to time, we may make you aware of certain MasterCard or third party related contests or other promotions. All such contests and promotions are subject to the Official Rules or Terms and Conditions for such contests and promotions and all related applicable laws, regulations and statutes.

Third Party Content and Links to Other Web Sites

The MasterCard Site may contain third party content and links to other web sites that are completely independent of this MasterCard Site. Third-party content and links are included solely for the convenience of users and do not constitute any approval, endorsement or warranty by MasterCard. Moreover, MasterCard is not responsible for the accuracy, completeness, or reliability of third-party information, or the products or services offered or sold through any linked web site(s) and you assume sole responsibility for the use of third-party information. Any agreements, transactions, or other arrangements made between you and such third party are made solely at your own risk. When you click on a third-party link, you will leave the MasterCard Site. Any personal information you submit on the resulting web site will not be collected or controlled by MasterCard but will be subject to the privacy notice or terms of use of the resulting web site. Please review the privacy policy and terms of use of the resulting web site for more information on its privacy practices.

Privacy Policy

MasterCard recognizes the importance of respecting the privacy of those who visit and choose to take advantage of the programs and information offered on our web sites. The MasterCard Global Privacy Policy (linked below) provides an overview of what you can expect when you enroll in one of our programs or simply browse the MasterCard Site. Different or program specific policies may be applicable to our country-specific or program-specific pages. Please see the link at the bottom of any page for the applicable version of our policy. Click here to view our Global Privacy Policy.

Indemnification

You agree to indemnify, defend and hold MasterCard, its business partners, subsidiaries, affiliates, and each of their respective officers, directors, agents, representatives, successors and assigns (collectively, the "Released Parties") harmless from any and all liability, loss, claim and expense, including, without limitation, reasonable attorneys' fees and expenses, related to either your violation of these Terms of Use and/or your use or misuse of the Mastercard Site. You will indemnify and hold the Released Parties harmless from and against any claim, suit or proceeding brought against MasterCard or any of the Released Parties arising from or in connection with violations of copyright or other intellectual property or other rights of third parties contained in your User Submissions and/or any other violation of law or breach of contract obligations relating to the User Submissions. You will indemnify and hold the Released Parties harmless from and against any claims, damages and costs resulting directly or indirectly from the use, disposition, reproduction, publication or public communication of the User Submission.

Disclaimer of Warranties

While MasterCard will use reasonable efforts to ensure that all material on this MasterCard Site is correct; however, accuracy cannot be guaranteed and MasterCard does not assume any responsibility or liability for the accuracy, completeness or authenticity of any information contained in this MasterCard Site.

THE MASTERCARD SITE AND ALL CONTENT CONTAINED HEREIN ARE PROVIDED TO YOU "AS IS," AND "AS AVAILABLE," AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE HEREBY DISCLAIMED, INCLUDING ANY WARRANTY OF MERCHANTABILITY, TITLE/NONINFRINGEMENT, QUALITY OF INFORMATION, OR FITNESS FOR A PARTICULAR PURPOSE. NO INFORMATION OBTAINED BY YOU FROM MASTERCARD THROUGH THE MASTERCARD SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITATION, MASTERCARD DISCLAIMS ALL WARRANTIES REGARDING THE AVAILABILITY OF THE MASTERCARD SITE, THAT THE MASTERCARD SITE WILL OPERATE ERROR-FREE, THAT DEFECTS WILL BE CORRECTED OR THAT THE MASTERCARD SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THIS MASTERCARD SITE IS AT YOUR OWN RISK, ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THIS MASTERCARD 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 MASTERCARD SITE, INCLUDING WITHOUT LIMITATION, DAMAGE RESULTING FROM COMPUTER VIRUSES. PLEASE NOTE THAT SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

Disclaimer of Damages and Limitation of Liability

IN NO EVENT SHALL MASTERCARD OR ANY OF THE RELEASED PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, CONSEQUENTIAL OR OTHER DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, PROPERTY DAMAGE, LOSS OF USE, LOSS OF BUSINESS, ECONOMIC LOSS, LOSS OF DATA OR LOSS OF PROFITS, WITHOUT REGARD TO THE FORM OF ACTION (INCLUDING, BUT NOT LIMITED TO, CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTIONS) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OR ACCESS OF THE MASTERCARD SITE OR ITS CONTENT, EVEN IF MASTERCARD OR ITS BUSINESS PARTNERS, EMPLOYEES, REPRESENTATIVES OR AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS. IN NO EVENT SHALL MASTERCARD'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU, IF ANY, OR ONE HUNDRED DOLLARS ($100) (WHICHEVER IS LESS), FOR ACCESSING OR PARTICIPATING IN ANY ACTIVITY RELATED TO ANY MASTERCARD SITE. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

Inapplicability of Terms of Use to any MasterCard Payment Card Cardholder Agreement

MasterCard is a leading payment services organization. MasterCard is not a financial institution and does not issue credit, debit, check or payment cards of any type of nature. Your MasterCard-branded payment card relationship is with an issuing bank or financial institution, and not with MasterCard directly. Any and all questions or issues regarding your MasterCard-branded payment card or cardholder account should be directed to the bank or financial institution that issued your card, and not to MasterCard. While MasterCard has a relationship with your issuing bank or financial institution, that relationship does not pertain to individual cardholders or payment card accounts.

The MasterCard Site is operated by MasterCard and its affiliates.

Miscellaneous

These Terms of Use shall be construed, interpreted and performed exclusively according to the laws of the Province of Ontario, Canada, without giving effect to any principles of conflicts of law. You expressly agree that any action at law or in equity arising out of or directly or indirectly relating to these Terms of Use or this MasterCard Site shall be filed only in courts sitting in the City of Toronto. You hereby consent and submit to personal jurisdiction of such courts for the purposes of any action related to the MasterCard Site, your access or use thereof, or these Terms of Use, and to extra-territorial service of process.

Content and software from the MasterCard Site may be subject to U.S. export jurisdiction and the import jurisdiction of other countries. In connection with your use of this MasterCard 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 MasterCard 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 MasterCard Site has been incorporated, except in compliance with all applicable export and import laws and regulations of all relevant jurisdictions.

These Terms of Use may not be assigned by you. MasterCard may assign its rights and obligations set forth in these Terms of Use at any time. Should any part or provision of these Terms of Use be held unlawful, void, invalid or unenforceable, that portion shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions. Except as provided herein, these Terms of Use constitute the entire agreement between you and MasterCard pertaining to their subject matter. Certain provisions of these Terms of Use may be superseded or added to by designated legal notices or terms located on particular pages, applications, tools or other materials that you may access within this Site. MasterCard's failure to enforce any provision of these Terms of Use or any additional terms shall not be deemed a waiver of such provisions nor of its right to enforce such provision. These Terms of Use and any related documents may be accepted in electronic form (e.g., by an electronic or other means of demonstrating assent) and your acceptance will be deemed binding between you and MasterCard. You hereby agree, without limitation, that you not will contest the validity or enforceability of these Terms of Use and any related documents.

Customer Service and Contact Information

General Counsel

MasterCard Canada, Inc.
2 Bloor Street West, Suite 1400
Toronto, Ontario M4W 3E2
Phone: 1-800-MCAssist (1-800-622-7747)