Terms and Conditions
THESE TERMS AND CONDITIONS CONTAIN A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER. IT AFFECTS YOUR LEGAL RIGHTS. PLEASE READ IT.
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).
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. 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.
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 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.
Right to Use Site Content
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 Mastercard 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 Mastercard Site. No part of any Content may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical, other than for your personal use. You may not access or use the Mastercard Site in any way that could or is intended to damage or impair the Mastercard Site, or any server or network underlying the Mastercard Site, or interfere with anyone else’s use and enjoyment of the Site. You are also granted a limited, revocable, and nonexclusive right to create a hyperlink to the Site or 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.
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 may terminate your registration or restrict your access to the Site for any reason at any time.
Donations and Purchases
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:
1. Micro (reoccurring) donations; or
2. “One off” donations to selected charities named on the Site; or
3. “One off” donations to a charitable organization in connection with a particular disaster or emergency fund named on the Site.
You may register on the Site to designate for accumulation micro donations for a specified charitable organization whenever you make a transaction using your registered debit or credit Mastercard account (excluding Maestro and Fuel Cards). When you register to make micro donations, we will record an intention to donate a pre-defined amount for each card account transaction made using your registered Mastercard debit or credit card account to the charitable organization(s) you have selected on the Site. You will be able to choose the amount of the micro donation which is recorded for each transaction when you register on the Site, with a minimum micro donation of $1.00 USD per transaction. This means that each time you perform a transaction with your registered card account, an amount corresponding to the micro donation amount you have selected will be recorded by Mastercard. 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), and
You may also select to make a one off donation to a specified charitable organization using the Site.
Additionally, Mastercard may from time to time notify you of opportunities to make a one-off donation in response to particular disasters or emergencies. Any such one-off donation will be in addition to any micro donations which are currently in effect on your card.
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.
Cancellations and changes of donations
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 in the event of a disaster are processed immediately and, as such cannot be changed or cancelled once made. Changes and cancellations to micro donations and one off donations pledged during a month can be made at any time during that month as long as the donation has not been processed. 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.
At any time, Mastercard may at, its sole discretion, decide to remove a charitable organization from the Priceless Cause initiative. 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.
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.
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. 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. 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.
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”). 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. 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.
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.
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
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 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
4. 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.
Submissions or Feedback
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 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 this 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.
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.
Third Party Content and Links to Other Web Sites
Mastercard is not responsible for examining or evaluating, and we do not warrant the offerings of any third party content.
Disclaimer of Warranties
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.
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. 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.
Disclaimer of Damages and Limitation of Liability
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. 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.
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.
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.
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. You acknowledge and agree that it is your sole responsibility to determine the taxation consequences, if any, of making a donation, and 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.
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.
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.
C. Limited Time to File Claims. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IF YOU OR WE WANT TO ASSERT A DISPUTE (BUT NOT A 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.
D. Injunctive Relief. 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.
E. No Class Action Matters. 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.
F. Small Claims Matters Are Excluded From Arbitration Requirement. Notwithstanding the foregoing, either of us may bring qualifying claim of Disputes (but not Excluded Disputes) in small claims court of competent jurisdiction.
G. Federal and State Courts in Westchester County, New York. 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.
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.
Content and software from the Site may be subject to U.S. export jurisdiction and the import jurisdiction of other countries. In connection with your use of this Site, you are solely responsible for complying with all applicable export, re-export, and import control laws and regulations of all applicable jurisdictions, including, but not limited to, those of the U.S. Department of Commerce, Export Administration Regulations, 15 CFR Parts 730-774, the International Traffic in Arms Regulations, country-specific economic sanctions programs implemented by the Office of Foreign Assets Control and export and import control laws and regulations of any other countries. You may not, directly or indirectly, use, distribute, transfer or transmit content or software from this Site, whether by way of a direct product or of such materials or products, software, or other technical information into which content or software from this Site has been incorporated, except in compliance with all applicable export and import laws and regulations of all relevant jurisdictions.