Terms & Conditions

Terms & Conditions



Terms and Conditions

Terms of Use

Welcome to Mastercard’s Donation Platform. The Donation Platform web site (the "Site") is a program bringing consumers a way to easily give back to the community by Mastercard Europe SA, Chaussée de Tervuren 198A, B-1410 Waterloo, Belgium ("Mastercard"). The Site provides you with the channel to donate to the help alliance. Please read these terms of use carefully before registering on the Site or using Site, and keep them for your records. By accessing this Site, you agree to these terms of use and any additional terms and conditions that may be published by Mastercard on the Site, as may be amended from time to time (collectively referred to as the "Terms of Use"). The Terms of Use set forth the terms applicable to your use of the Site. BY USING THE SITE YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREED TO BE BOUND BY THE TERMS OF USE. IF YOU HAVE ANY QUESTIONS ON THE TERMS OF USE, YOU SHOULD CONSULT WITH A LAWYER BEFORE USING THIS SITE.

If you do not agree to the Terms of Use, do not access the Site or use the Site.

In these Terms of Use, the words "you" and "your" mean the person who has accessed the Site, as defined below, and/or has registered for participation in the Program. The words "we," "us" and "our" mean MasterCard.

Content

The Site
Right to Use Site Content
Changes to the Site and Terms of Use
Termination
Donations and Purchases
Intellectual Property Rights
Donations to the help alliance
Copyright Complaints
Submissions or Feedback
Third Party Content and Links to Other Web Sites
Privacy Notice
Indemnification
Disclaimer of Damages and Limitation of Liability
Inapplicability of Terms of Use to any Mastercard Payment Card Cardholder Agreement
Miscellaneous

The Site

By consenting to the Terms of Use, you agree that: (i) you represent only yourself here and no other person; (ii) you will provide accurate information to Mastercard, including, but not limited to, information required to register for the Program; (iii) you will not use the Site to reproduce, duplicate, copy, sell, resell, distribute, publish, or exploit for any commercial purpose the software, content, offers, experiences, products, or services provided by Mastercard or obtained through the Site without obtaining the express, prior written consent of Mastercard. This restriction includes any attempt to incorporate any information from the Site into any other directory, product, or service; (iv) you will provide for your own access to use the Site, including, but not limited to, obtaining and maintaining all telephone, computer hardware and software, and other equipment and paying all related charges; (vi) you will not use the Site in any manner that adversely affects the availability of its resources to or enjoyment by other users or in any manner that could damage, disable, overburden, or impair Mastercard’s or service providers servers or networks; (vii) you will not use the Site or any purpose that is unlawful or prohibited by the Terms of Use; and (viii) You agree that you are least 18 years of age and you have at least one valid Mastercard card.

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 that are conducted through your account. You agree to notify Mastercard immediately of any unauthorized use of your account or any other breach of security. Mastercard or agents will not be responsible for any loss or damages of any kind that may arise as a result of someone else outside the sphere of Mastercard using your password or account without any involvement of Mastercard, 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.

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 Site for your own personal use. You are not granted the right to license, republish, distribute, copy, assign, sublicense, transfer, sell, prepare of derivative works or other non-personal use any Content on the Site. No part of any Content may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical, other than for your personal use. For any avoidance of doubt, mandatory provisions of copyright law remain unaffected. 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. You are also granted a limited, revocable, and nonexclusive right 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 matter or imply a sponsorship or endorsement of your site, page or content by Mastercard.

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

MASTERCARD RETAINS THE RIGHT TO DENY ACCESS TO THIS SITE TO ANYONE WITHOUT NOTICE AT ITS COMPLETE DISCRETION FOR ANY REASON, INCLUDING FOR VIOLATION OF ANY OF THESE TERMS OF USE, INCLUDING ANY USE RIGHTS.

Changes to the Site and Terms of Use

Mastercard reserves the right to change or modify Content, materials or information appearing on or in connection with this Site, including these Terms of Use, 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. You are responsible for regularly reviewing the Terms of Use. 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.

Termination

You and Mastercard may terminate your registration or restrict your access to the Site for any reason at any time. If Mastercard terminates your registration or restricts your access to the Site Mastercard will notify you at least ten days before termination becomes effective. Termination for cause remains unaffected.

Donations and Purchases

We will record an intention to donate a pre-defined amount for each card transaction to the help alliance. You will be able to choose the amount of the donation for each transaction when you will register into the platform (with a minimum donation of 10 eurocents per transaction). This means that each time you will perform a transaction, a corresponding donation amount will be recorded by Mastercard.

Intellectual Property Rights

The Site Content is protected by applicable intellectual property laws and all Content is owned by Mastercard or used by Mastercard under a license or with permission. All text, formatting (including without limitation the selection, coordination and arrangement of materials on the Site) and the images, graphics, animation, tools, widgets, applications, commercials, videos, music, sounds, articles, copy, creative materials, photos, trademarks, service marks, trade names, and logos, and other materials and information on this Site are subject to the intellectual property rights of Mastercard, its subsidiaries and affiliates, and their respective licensors and licensees (collectively "Content"). These materials may not be copied, reverse engineered, decompiled, disassembled, modified, reposted to other web sites, framed, deep linked to, changed, or otherwise distributed, redistributed, licensed, sublicensed or transferred in any form by you. Nothing contained on the 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. For any avoidance of doubt, mandatory provisions of copyright law remain unaffected.

Any unauthorised commercial use of these materials may violate Mastercard’s intellectual property rights and may be subject to Mastercard’s full legal rights and remedies.

Donations to the help alliance

The Site is not administered by the help alliance and this Terms of Use do not govern your donations to the help alliance. Any and all questions or issues regarding your use of this Site or this Terms of Use shall be exclusively directed to Mastercard. You further agree that your donations to and relationship with the help alliance will be solely governed by the help alliance terms of use of its web sites and Privacy Policy. Upon your donation being registered with the help alliance, you will become part of the help alliance's donor community.

The help alliance's website can be found at www.helpalliance.org.

help alliance gGmbH
c/o Deutsche Lufthansa AG - FRA help alliance
Lufthansa Aviation Center
60546 Frankfurt
Germany

helpalliance@dlh.de

Copyright Complaints

In operating the 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 Site. Mastercard has in place certain legally mandated procedures regarding allegations of copyright infringement occurring on the Site and has adopted a policy that provides for the immediate removal of any content or the suspension of any user that is found to have infringed on the rights of Mastercard or of a third party, or that has otherwise violated any intellectual property laws or regulations, or this Terms of Use. If you believe any material available through the Site infringes a copyright, you should notify Mastercard. Mastercard will respond expeditiously to remove or disable access to the material claimed to be infringing. You should address infringement notices to:

Mastercard Europe SA
Attn: Legal Department
Chaussée de Tervuren 198A
B-1410 Waterloo
Belgium

Please provide the following notice:

1.       Identify the copyrighted work or other intellectual property that you claim has been infringed;
2.       Identify the material on the Site that you claim is infringing, with enough detail so that Mastercard may locate it on the Site;
3.       A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
4.       A statement by you 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;
5.       Your address, telephone number, and email address; and
6.       Your physical or electronic signature

Submissions or Feedback

From time to time, we may ask you for your feedback on the Site and the associated products and/or services on a voluntary basis. Any communication or material you transmit or post will be (a) treated as non-confidential and non-proprietary by Mastercard, (b) become the property of Mastercard and Mastercard shall exclusively now and hereinafter own all rights, title and interest therein, and (c) used without restriction by Mastercard licensees and affiliates at its sole discretion without any obligation, compensation or other liability to you. Such use may be for any purpose whatsoever, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting whole or in part, in any medium and in any manner, now known or later developed, on this Site or otherwise. And Mastercard shall be under no obligation to respond to any such communication. Notwithstanding the foregoing, Mastercard maintains a policy of not accepting or considering any creative ideas, suggestions or materials from the public regarding its products and services ("Submissions"), and therefore, you should not make any Submissions to Mastercard in any communications through this Site or otherwise. Nonetheless, if you do send us a Submission, despite our request not to do so, then such Submission shall immediately become the property of Mastercard and Mastercard shall exclusively now and hereinafter own all rights, title and interest therein. Furthermore, Mastercard shall be free to use any Submissions for any purpose whatsoever, including, but not limited to, developing and marketing products and services. Mastercard shall not be liable for such use or disclosure of such Submission or for any similarities in the Submission and any future Mastercard products and services.

Third Party Content and Links to Other Web Sites

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

Mastercard is not responsible for examining or evaluating, and we do not warrant the offerings of any third party content.

Privacy Notice

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 here to view our privacy policy related to your participation the Donation Platform.

Indemnification

You agree to indemnify, defend and hold Mastercard and its business partners and their respective officers, directors, employees and affiliates harmless from any liability, loss, claim and expense, including without limitation, reasonable attorney fees and expenses, related to or arising from: (i) your culpable violation of these Terms of Use; (ii) your culpable misuse of the Site; and (iii) your culpable 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.

Limitation of Liability

Mastercard’s contractual and statutory liability for damages caused by slight negligence shall, irrespective of its legal ground, be limited as follows:

(i) Mastercard shall be liable up to the amount of the foreseeable damages typical for this type of contract due to a breach of material contractual obligations;

(ii) Mastercard shall not be liable due to a breach of any non-material contractual obligations nor for the slightly negligent breach of any other applicable duty of care.

The aforesaid limitations of liability shall not apply to any mandatory statutory liability, in particular to liability under the German Product Liability Act (Produkthaftungsgesetz), and liability for culpably caused personal injuries. In addition, such limitations of liability shall not apply if and to the extent Mastercard has assumed a specific guarantee.

These limitations of liability shall apply analogously to Mastercard’s liability for reliance damages (damages suffered in reliance on the validity of the contract).

You shall be obliged to take adequate measures to avert and reduce damages.

Any tax liability resulting from your participation in the Program shall be your sole responsibility, and not the responsibility of help alliance, Mastercard or the financial institution that issued your Mastercard.

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, 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.

This Site is operated by Mastercard Europe SA.

Miscellaneous

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 according to the laws of Germany, however mandatory law remains unaffected. You expressly agree that any action at law or in equity arising out of or directly or indirectly relating to these Terms of Use or this Site shall be filed only in German courts, however other courts of venue, permitted by applicable law, may also be competent.

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.

Date: March 15, 2016