Visa PMS FinEd Platform Product Terms

The following Visa Product Terms apply to You and You agree to the same as a condition of Your access to the Visa Product:

1.      Privacy. 

(a)    Visa and You will each Process Personal Information in connection with the Visa Product. Visa and You will each act as an independent controller in respect of any Personal Information that is processed. Additional information about the Processing of Personal Information in connection with Your use of the Visa Product can be found in Clause 2 (Data Privacy Terms when the Parties act as a Controller) of the Schedule: Additional Visa Developer Platform Privacy & Data Protection Terms for Visa Products within the Visa Developer Platform API Terms of Use.

(b)   You acknowledge and agree that you are responsible for providing all notices and obtaining all consents as required under the Visa Developer Platform API Terms of Use to allow Visa to Process Personal Information in the context of the Visa Product to offer personalized content, conduct analytics and for product improvement.

2.      Product Disclaimers.  You acknowledge and agree to the following disclaimers (collectively, the “Product Disclaimers”):

(c)    all content in the Materials provided via the Visa Product is for informational purposes only, and must not be construed or relied on in any manner, as legal, tax, financial, or other recommendation or advice to any person; and

(d)   the Visa Parties do not make any representation or warranty in relation to the accuracy and completeness of any such content to any person for any purpose,

For the avoidance of doubt, the Product Disclaimers shall be cumulative with, and not derogate from, any other disclaimers set out in any other agreement between You, Your customers being the end users (“End User”) and any of the Visa Parties, as applicable.

3.      User Agreements.  You agree and undertake that agreements, terms and conditions, or terms of use between You and Your End Users (“User Agreements") shall govern Your End Users’ access to the Materials via the Visa Product in a manner that is wholly compliant with the Agreement between You and Visa, and Your obligations to Visa, with respect to such access. You shall be responsible to Visa for Your End Users’ compliance with all terms of access to the Materials via the Visa Product, including these Visa Product Terms. You shall be solely responsible to Your End Users for Your End Users’ access to the Materials via the Visa Product. 

Without limiting the generality of the foregoing, Your User Agreements shall contain the following express terms which must be affirmatively accepted by the End Users prior to their access to the Materials via the Visa Product: (a) to the maximum extent permitted by Applicable Law, full disclaimers releasing the Visa Parties (whether by naming the Visa Parties explicitly, or via a general reference as Company’s solution provider) from any liability to Your End Users for any damages, claims or losses incurred  (including indirect, incidental, consequential, special or exemplary damages), however caused and under any theory of liability, arising or in connection with access to the Materials or the Visa Product, even if any Visa Party is advised of the possibility of such damages, claims or losses (“Visa Parties’ Liability Disclaimer”); and (b) where such disclaimer is not permitted by Applicable Law, limitation of the Visa Parties’ cumulative liability to each End User to the lesser of: (i) such End User’s actual loss; and (ii) US $100 (or equivalent in local currency