Terms of Use
Acceptance of Terms
By using the Visa Mobile App (the "App") or any of its associated services and functionality, including by submitting an Experience (as described below) through the App, users agree to be bound by the following terms and conditions (“Terms”). The App is maintained and operated by Visa Worldwide Pte. Limited, a Singapore incorporated company (“Visa,” “we” or “us”).
Use of the App is further subject to the general Visa Terms of Use and Privacy Policies applicable to and available at www.visa.com.sg). The Visa Mobile App Terms prevail to the extent of any inconsistency.
About the Visa Mobile App
The App provides you with a forum to explore offers and experiences that are located overseas or nearby. The App allows you to view experiences submitted by other users, gives you access to offers and discounts and allows you to submit your experiences ("Experience") for others to view. The App also provides you with other functionality, including a currency conversion tool, travel planning and destination information, including integration with the Visa Travel Happy website at www.visatravelhappy.com.
When you submit an Experience through the App, your Experience may be viewed by other users of the App. Your Experience may also be displayed or appear as part of the App on any or all of the Visa Travel Happy website, Facebook, various pages within each of those sites, social networks, emails, text messages and other forms of marketing communications.
Integration with social network accounts
If you sign up using your social network account (including but not limited to Facebook or Twitter) (“Social Network Account") and/or link your Social Network account at any time during or after the registration process for the App, then:
| (A) | You irrevocably agree and consent to Visa accessing your profile and information registered by you on your Social Network Account, including without limitation, the profiles and information of your "friends" on that Social Network Account. |
| (B) | You authorize Visa to extract information that you have registered with the Social Network Account provider/distributor to "auto-fill" the required fields as well as your friend list. |
| (C) | You agree to the terms of use and policies of the relevant Social Network Account in relation to the use of the App and the access of information by Visa from that Social Network Account. You acknowledge and agree that Visa may need to rely on authentication and "session management" by the provider of your Social Network Account and Visa will not be responsible or liable for the actions of the Social Network Account provider. |
Experience Submission Requirements
When submitting an Experience through the App and/or posting comments on other Experiences, to the extent relevant to the App functionality you agree and warrant that:
| (A) | The information and materials you post or submit, including any logos, images, artwork and/or materials appearing in your Experience or post (collectively the “Posted Content”), are either: (i) original, created solely and fully owned by you, or (ii) not created or owned by you but in respect of which you have the full right to post or submit through the App or in association with Experiences, such right to include (but not be limited to) all necessary licenses and permits from the copyright owner(s) of any such Posted Content. |
| (B) | If any individuals other than you appear in any images or other materials submitted as part of your Experience or post, you have received consent from each such individual to be filmed or photographed by you and to have his or her name, image, likeness, photograph, voice, comments, posts, statements and biographical material (as applicable) included in the Experience as uploaded to the App and used as otherwise permitted by these Terms. |
| (C) | You are over the age of eighteen (18) and are the age of majority in your jurisdiction of legal residence and have the capacity to agree to these Terms. IF ANY PERSON APPEARS IN YOUR EXPERIENCE WHO IS UNDER THE AGE OF EIGHTEEN (18) OR THE AGE OF MAJORITY IN THEIR JURISDICTION OF LEGAL RESIDENCE, YOU REPRESENT THAT YOU ARE THE PARENT OR LEGAL GUARDIAN OF SUCH PERSON, YOU MUST APPEAR IN THE CONTENT WITH ANY SUCH PERSON AND YOU HEREBY CONSENT TO SUCH PERSON BEING FEATURED ON THE APP AND RELATED SITES AND REPRESENT AND WARRANT THAT NO ADDITIONAL PERMISSIONS OR CONSENTS ARE NEEDED WITH RESPECT TO SUCH PERSON BEING FEATURED IN, OR APPEARING IN THE EXPERIENCE. You agree to make all requisite aforementioned consents available in writing to Visa upon request. |
| (D) | Your Experiences and posts comply with the following requirements:
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Visa may, but is not required to, screen or monitor Experiences and posts, either before or after posting, including for compliance with the requirements set out above. Visa will make all determinations as to the compliance and appropriateness of Experiences and posts in its sole discretion. Visa may reject, edit or remove any Experience at any time without notice, including if the Experience does not satisfy the Experience requirements, or for any other reason.
Intellectual Property License
You hereby grant Visa an irrevocable, perpetual, royalty-free, worldwide license (“License” to use, reproduce, distribute, display, perform, redact, edit, republish, sublicense, translate, copy and create derivative works from your Posted Content (as defined above under “Experience Submission Requirements”), in any media now known or hereafter developed, without any payment, compensation or further notification to or permission from you). You agree to be solely liable for your Experience and all Posted Content. Pursuant to the grant of the License as aforesaid, for the avoidance of doubt you consent to Visa, and anyone acting on behalf of Visa, doing any act in accordance with the License that would otherwise constitute an infringement of any moral or intellectual property rights that you or any other relevant party may have in your Experience and Posted Content.
Trademarks
The trademarks, logos, and service marks (collectively the "Trademarks") displayed on the App are registered and unregistered Trademarks of Visa and others. Nothing contained on the App should be construed as granting by implication, estoppel, or otherwise, any license or right to use any Trademark without the written permission of Visa or such third party that may own the Trademark. Misuse of any Trademarks, or any other content, displayed on the App is prohibited. Visa aggressively enforces its intellectual property rights, including via civil and criminal proceedings.
Use of Name/Likeness/Content
By using the App and/or submitting an Experience, you consent to Visa’s and its designees’ use (and any modification before use) of your Experience, name, image, likeness, photograph, voice, comments, posts, statements and biographical material for advertising, publicity and promotional purposes for Visa, in any and all media now or hereafter developed, including but not limited to the internet, print media and television, worldwide, in perpetuity, without additional payment, compensation or further notification to or permission from you, except where prohibited by law, or by the applicable terms and conditions of any website(s).
Submitted Experiences
Visa may choose certain Experiences (“Submitted Experiences”) to be developed into advertisements, commercials, multimedia content, and other promotional material to promote Visa and its products and services. Visa may make any modifications or edits as it deems fit to such Submitted Experiences. You agree and consent to the use by Visa of your Experience for this purpose.
Indemnification/Release
You agree to indemnify, defend, release and hold harmless Visa, its parent company, subsidiaries and affiliates and its advertising and promotion agencies and each of their respective employees, directors, officers, agents, business partners, contractors, distribution partners and representatives from and against any and all claims, demands, liabilities, costs or expenses, including legal fees and costs, arising from or related to: (i) any breach by you of any of these Terms or any violation of applicable law or any agreement with a third party to which you are subject; (ii) Visa’s use of your Experience, posts, or any content contained in them, including your or any other person’s name, image, likeness, photograph, voice, comments, posts, statements, biographical material or other information, including without limitation any claims arising out of or based upon (to the extent applicable) copyright infringement, trademark infringement, misappropriation, invasion of privacy, defamation, right of publicity, blurring, alteration, editing, morphing, distortion, illusionary effect, faulty reproduction, fictionalization or use in any composite or edited form of your Experience or post, name, image, likeness or other information submitted to the App; and (iii) your use of materials or features available via the App.
Warranty & Limitation Of Liability
Visa has no special relationship with or fiduciary duty to you. You acknowledge and agree that Visa has no responsibility regarding which other users sign up for the App, what content another user accesses via the App, what effects the App may have on a user, how a user may interpret or use the content on the App, or what actions a user may take as a result of having been exposed to the content on the App.
Visa makes no representations or warranties as to the conduct of users or the veracity of any information users provide. In no event shall Visa be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to your or anyone else's conduct in connection with the App, including, without limitation, bodily injury, emotional distress, psychological issues or damage, and any damages resulting in any way from communications or meetings with other users or persons that you may otherwise interact with through the App. As such, you agree to take your own reasonable precautions and exercise the utmost personal care in all interactions with any individual that you come into contact with through the App. For example, you should not, under any circumstances, provide your financial information (e.g., credit card or bank account numbers) to other individuals.
The App, service, and content are provided on an "as is", "as available" basis and are provided without any representations or warranties of any kind, express or implied, and any warranties implied by any course of performance or usage of trade, all of which are expressly disclaimed, save to the extent required by law. Without limiting the generality of the previous sentence, you understand and acknowledge that the following features and information available on the App (as amended, edited or added from time to time) are indicative facts/figures only provided by Visa based on information from its selected partners and resources, and Visa makes no representation or warranty of any nature in relation to the accuracy or reliability of such indicative facts/figures (and in addition may amend or delete such indicative facts/figures at any time):
- Information for Travel Money Facts (i.e.: cost of a bottle of water) in a destination
- Maps, ATM locator, Currency Converter, etc
- Experiences and associated information e.g. Address, Contact details, website URL, average cost of experience, etc
- Offers and associated information e.g. Address, Contact details, website URL, average cost of experience, etc
- Experiences submitted by other users and associated information e.g. average cost of experience, address, etc
Visa, and its directors, employees, agents, representatives, suppliers, partners and content providers do not warrant that: (a) the App will be secure or available at any particular time or location; (b) any defects or errors will be corrected; (c) any content or software available at or through the App is free of viruses or other harmful components; or (d) the results of using the App will meet user requirements. Your use of the App, service, and content is solely at your own risk.
Where any applicable law prohibits any of the disclaimers set out in these terms, the limitations will be deemed modified and shall apply to the extent allowed by that law.
Links to external websites and apps
Links on the App may take you to third party websites or apps. Visa accepts no responsibility for the content, accuracy or functionality of these other websites or apps. Visa provides such links in good faith for your convenience. Visa cannot be held responsible for any subsequent change in other websites or apps to which we provide a link. The inclusion of any link to other websites or apps does not necessarily imply affiliation with that website or endorsement by Visa. You agree that it is your responsibility to make yourself aware of and carefully read the legal and privacy notices of all other websites that you visit.
Third party offers and materials
You acknowledge that any third party offers, materials, or functionality appearing on the App are not necessarily controlled or monitored by us and that the views expressed are not necessarily ours. Visa is not responsible for any inaccurate, misleading or out-of-date information supplied by third parties. Visa is not responsible for addressing any claims by you or any third party relating to the Experiences on the App, including but not limited to: (i) product liability claims; (b) any claim the App fails to conform to any relevant legal or regulatory requirement; and (c) claims under consumer protection or similar legislation. Any offers appearing on the App are subject to the terms and conditions of the relevant supplier and may be subject to change without further notice to you.
Notices of Alleged Infringement of Intellectual Property Rights
Materials or content may be made available via the App by third parties not within our control. However, we respect the intellectual property rights of others. If you believe any material uploaded to or transmitted via the App infringes your copyright or any other intellectual property right, you should provide us with written notice that at a minimum contains:
| (A) | A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; |
| (B) | Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; |
| (C) | Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; |
| (D) | Information reasonably sufficient to permit us to contact you, such as your name, address, telephone number and, if available, your email address; |
| (E) | A statement by you that you have a good faith belief that the disputed use of the material is not authorized by the copyright owner, its agent or the law; and |
| (F) | A statement, under penalty of perjury, that the information in the notification is accurate and that you are, or are authorized to act on behalf of, the owner of an exclusive right that is allegedly infringed. |
Notices of alleged infringement should be sent to our designated agent as follows:
Attention: Corporate Communications
Visa Worldwide Pte. Limited
71 Robinson Road
#09-01
Singapore 068895
It is our policy to terminate relationships with third parties who repeatedly infringe the copyrights or other intellectual property rights of others.
Visa’s Rights & Licenses to You
Visa owns or licenses all materials and content posted by Visa on or through the App (the “Visa Content”), and all intellectual property or proprietary rights in the Visa Content. Visa hereby licenses to you, on a revocable, non-exclusive, non-sublicenseable and otherwise non-transferable basis, and subject to all of these Terms and any additional terms governing the App, the right to access and use the Visa Content solely for your personal and non-commercial use. All rights not granted under these Terms are reserved by Visa and/or its licensors. Your use of the Visa Content must respect the intellectual property or other rights of third parties, and you represent and warrant that your use of the Visa Content will not violate any such rights. Nothing in these Terms grants to you any right to use any of Visa’s or any other third party’s trademarks, service marks, logos, domain names or other indicia of origin.
Eligible Territories/Governing Law
The use of the App is open exclusively to legal residents of the following countries: Australia, Azerbaijan, Bangladesh, Bahrain, Belarus, Bosnia & Herzegovina, China, Egypt, Hong Kong, India, Indonesia, Japan, Jordan, Kazakhstan, Kenya, Kuwait, Kyrgyzstan, Lebanon, Macedonia, Malaysia, Moldova, Morocco, New Zealand, Nigeria, Oman, Pakistan, Philippines, Qatar, Russia, Rwanda, Saudi Arabia, Serbia, Singapore, South Africa, South Korea, Sri Lanka, Taiwan, Tajikistan, Thailand, Tunisia, Turkmenistan, Ukraine, United Arab Emirates and Uzbekistan. Access or use by residents of any other country or jurisdiction is prohibited. The laws of Singapore shall govern these Terms. You hereby expressly consent to exclusive jurisdiction and venue in the courts located in Singapore for all matters arising in connection with these Terms or your access or use of the App.
Modifications to Terms
We reserve the right, at our discretion, to change, modify, add or remove portions from these Terms at any time. You are responsible for revisiting this page to review updates to these Terms.