Merchant Search Product Terms

If Company are a Visa Member or not a Visa Member, the following Visa Product Terms apply:

    1. Company shall use and access the Merchant Search API and information provided through the Merchant Search API (“Merchant Search Information”) in accordance with any service documents provided by Visa and/or available on the VDP website (developer.visa.com), as updated by Visa from time to time.

    2. Subject to Company’s compliance with the terms and conditions of the Agreement, Visa hereby grants to Company, for the Term, a limited, non-transferable, non-exclusive, revocable right to (a) access the Merchant Search API, (b) internally use any Merchant Search technical documentation for the purpose of Company integrating with and connecting to the Merchant Search API, and (c) reproduce and use data obtained through the Merchant Search API (“Merchant Search Information”), all solely for the Purpose described below.

    3. Company may only use Merchant Search Information to provide customer service to cardholders in the following ways: (a) to help resolve unidentified charges on cardholder statements, and (b) to help determine where eligible merchants are located to assist its cardholders in connection with loyalty and rewards, and (c) to get enhanced merchant information to improve analytics that are leveraging this merchant information, solely for internal purposes (the “Purpose”).

4. Company shall not (and shall not permit or enable a third party to): (a) use, combine, depersonalize, anonymize, or disclose any Merchant Search Information for any purpose not specifically expressly permitted in Section 2, including for marketing purposes and/or for the purpose of compiling, enhancing, verifying, supplementing, or otherwise modifying databases, lists, or directories of any kind, including, but not limited to, location databases, mailing lists, contact lists, marketing lists, geographical directories, or any other compilation or collation of information which is sold, rented, published, distributed or in any manner supplied to a third party, or for any purpose other than as expressly set forth herein; (b) derive, disaggregate or otherwise reverse engineer the data, systems, processes, and/or any of the variables utilized by Visa in the development of and provision of the Merchant Search Information for any reason; and/or (c) store Merchant Search Information in any look-up table (or other database, list, or directory of any kind) provided that, subject to Section 6 below, Company may only store Merchant Search Information associated with the specific transaction for which Company made the Merchant Search API call (and not use or store such information for any other transactions, such as transactions that may share similar characteristics).

    5. In the event Company breaches any use restrictions set forth in Section 4 above, without limiting Visa’s other rights and remedies under the Agreement, Visa reserves the right to suspend and/or terminate Company’s access to the Merchant Search API. For the avoidance of doubt, Visa shall have no liability to Company if Visa suspends and/or terminates Company’s access to the Merchant Search API under this Section 5.

    6. Company shall delete all Merchant Search Information must be deleted within ninety (90) days after this Agreement is terminated.

    7. Company’s use of the Merchant Search Information is at Company’s own risk and Visa shall not be liable for any loss or injury arising out of the use of the Merchant Search Information. Company should communicate directly with the business entity and merchants to verify accuracy.

    8. If API calls exceed 60 TPS (transactions/API calls per second), calls may be rejected or responses to calls may be delayed.

   9. EXCEPT AS EXPRESSLY PROVIDED HEREIN, THE MERCHANT SEARCH INFORMATION IS PROVIDED ON AN “AS IS”, “AS AVAILABLE”, “WITH ALL FAULTS” BASIS WITHOUT WARRANTY OF ANY KIND. VISA DOES NOT WARRANT THAT THE MERCHANT SEARCH INFORMATION WILL BE COMPLETE, ACCURATE OR CURRENT AND HEREBY DISCLAIMS ALL WARRANTIES,  REPRESENTATIONS, OR CONDITIONS, BOTH EXPRESS AND IMPLIED, ARISING BY STATUTE OR OTHERWISE IN LAW, OR FROM A COURSE OF DEALING OR USAGE OF TRADE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY, REPRESENTATION, OR CONDITION OF MERCHANTABILITY, MERCHANTABLE QUALITY, OR FITNESS FOR ANY PURPOSE, PARTICULAR, SPECIFIC, OR OTHERWISE, OR ANY WARRANTY OF TITLE OR NON-INFRINGEMENT.