Visa Account Updater Product Terms

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

1. “Visa Account Updater” or “VAU” means the Visa service enabling the electronic exchange of account information updated by participants for recurring payments and credentials-on-file transactions among participating Visa card issuers, acquirers and qualified account-on-file merchants.  Completion and execution by You and sponsoring acquirer, where applicable, of the Visa Account Updater Acquirer Enrollment/Update Form is a prerequisite to Your use of VAU.

2. Warranties.  With respect to VAU, You represent and warrant that Your installation, configuration, and/or use of VAU shall conform in all material respects to the specifications set forth in the applicable Documentation and that prior to submitting any personal information to Visa it will provide all applicable disclosures and/or obtain all applicable consents regarding the intended disclosures and uses of its personal information, including, but not limited to, all consents required by applicable Laws.  For the avoidance of doubt, the Documentation shall include, but shall not be limited to, the Visa Account Updater Terms of Use and the Visa Account Updater Acquirer Enrollment/Update Form.  You represent and warrant that, as between You and Visa, it shall be the sole responsibility of You to ensure any cardholders or other parties subject to the VAU service are informed (i) of Visa’s Global Privacy Notice and (b) that their personal data may be processed by Visa.

3. The VAU service and all information accessed via such VAU APIs and/or otherwise provided to You hereunder, are provided on an “AS IS” basis.  VISA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, AND VISA SPECIFICALLY DISCLAIMS ANY SIMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.  IN NO EVENT SHALL VISA BE LIABLE FOR DAMAGES TO YOU FOR INACCURACIES IN THE INFORMATION OR FAILURE TO NOTIFY YOU OF OR PROVIDE REVISIONS IN THE INFORMATION TO YOU, AND IN NO CIRCUMSTANCES SHALL VISA BE HELD LIABLE FOR SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES ARISING FROM THE VAU API’S, INFORMATION SUBMITTED OR ACCESS VIA SUCH API’S OR DISCLOSURE OF INFORMATION TO YOU, INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUES OR PROFITS, EVEN IF VISA HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES.

Product Terms for Members and Non-Members:

• “Visa Account Updater” or “VAU” means the Visa service enabling the electronic exchange of account information updated by participants for recurring payments and credentials-on-file transactions among participating Visa card issuers, acquirers and qualified account-on-file merchants.  Completion and execution by Company of the Visa Account Updater Issuer Enrollment/Update Form is a prerequisite to Company’s use of VAU.
• Company Warranties.  With respect to VAU, Company represents and warrants that Company’s installation, configuration, and/or use of VAU shall conform in all material respects to the specifications set forth in the applicable Documentation and that prior to submitting any personal information to Visa it will provide all applicable disclosures and/or obtain all applicable consents regarding the intended disclosures and uses of its personal information, including, but not limited to, all consents required by applicable Law or regulation.  For the avoidance of doubt, the Documentation shall include, but shall not be limited to, the Visa Account Updater Terms of Use and the Visa Account Updater Issuer Enrollment/Update Form.  Company represents and warrants that, as between Company and Visa, it shall be the sole responsibility of Company to ensure any cardholders or other parties subject to the VAU service are informed (i) of Visa’s Global Privacy Notice and (b) that their personal data may be processed by Visa.
• The VAU service and all information accessed via such VAU APIs and/or otherwise provided to Company hereunder, are provided on an “as is” basis.  VISA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, AND VISA SPECIFICALLY DISCLAIMS ANY SIMPLIED WARRANTY OF MERCHANT ABILITY OR FITNESS FOR A PARTICULAR PURPOSE.  IN NO EVENT SHALL VISA BE LIABLE FOR DAMAGES TO COMPANY FOR INACCURACIES IN THE INFORMATION OR FAILURE TO NOTIFY COMPANY OF OR PROVIDE REVISIONS IN THE INFORMATION TO COMPANY, AND IN NO CIRCUMSTANCES SHALL VISA BE HELD LIABLE FOR SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES ARISING FROM THE VAU API’S, INFORMATION SUBMITTED OR ACCESS VIA SUCH API’S OR DISCLOSURE OF INFORMATION TO COMPANY, INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUES OR PROFITS, EVEN IF VISA HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES.