Terms & Conditions
UPDATED AS OF: May 16, 2016
PLEASE CAREFULLY READ THE TERMS AND CONDITIONS BEFORE ACCESSING, ACTIVATING OR OTHERWISE USING THE VISA PURCHASE ALERTS SERVICE (“ALERTS SERVICE” OR “VISA PURCHASE ALERTS”). BY CLICKING A BUTTON TO INDICATE ACCEPTANCE OR OTHERWISE USING THE SERVICE, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS (THE “AGREEMENT”) AND REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO THIS AGREEMENT.
ACKNOWLEDGEMENT: YOU ACKNOWLEDGE THAT THIS AGREEMENT IS CONCLUDED BETWEEN THE INDIVIDUAL PERSON DOWNLOADING AND USING THE ALERTS SERVICE (“YOU” OR “YOUR”) AND VISA ONLY.
THESE TERMS APPLY ONLY TO THE ALERTS SERVICE OPERATED BY VISA PURCHASE ALERTS. IF THE ISSUER OF YOUR PAYMENT CARD (“ISSUER”) OFFERS A SEPARATE ALERTS SERVICE, THAT SERVICE IS SUBJECT TO SEPARATE TERMS BETWEEN YOU AND YOUR ISSUER, INCLUDING HOW TO MAKE CHOICES ABOUT YOUR PARTICIPATION IN THAT SERVICE.
A. The Visa Purchase Alerts Service
The Alerts Service is offered by Visa U.S.A. Inc. and its affiliates (referred to herein as “Visa”, “us”, “we” or “our”) for use by Visa cardholders. The Visa Purchase Alerts Service is intended to allow you to receive alerts for your enrolled Visa card(s) via e-mail messages and/or SMS messages, triggered by criteria you select from those available through the Visa Purchase Alerts Service. Alerts are provided for informational purposes only. Available triggers may include certain types of transactions, transaction amounts, and transactions made outside a particular geographic region. Triggers may also be available on a per-transaction basis. Available triggers are subject to change at any time. The Alerts Service may also permit certain controls through commands initiated directly from your mobile device.
If you believe there is unauthorized activity on your enrolled Visa card or have a question about any activity resulting in an Alert, please contact the issuer of your payment card — its number should be located on the back of your Visa card. You acknowledge that Visa is not responsible for any actions you may take or fail to take in response to the Alerts you receive.
If you no longer want to receive SMS text alerts from Visa, either text “STOP” to the Alert Service’s short code (currently 90934) or to any text message you receive from the Alert Service, or change your Visa Purchase Alerts preferences through your Visa Purchase Alerts Account at the Visa Purchase Alerts Website. Text “HELP” for help. Message and data rates may apply. You may also cancel future email Alerts through your Visa Purchase Alerts preferences or by clicking the unsubscribe link in the Alerts email. Visa reserves the right to send administrative and service notification emails and/or SMS messages to the email address and/or phone number provided upon enrollment in the Visa Purchase Alerts service. By default, email will be the primary method of interaction with cardholders.
The number of text messages received under the Alerts Service will depend on several factors, including the triggers selected and the number of transactions that match such triggers.
No Amendment of Existing Terms and Conditions for Eligible Cards. THE ALERTS DO NOT AMEND, SUPPLEMENT, CHANGE OR REPLACE ANY NOTICE OR INFORMATION THAT YOU MAY RECEIVE IN CONNECTION WITH YOUR VISA CARD ACCOUNT FROM YOUR ISSUER, INCLUDING ANY INFORMATION PROVIDED TO YOU ON YOUR PERIODIC BILLING STATEMENT OR CARDHOLDER AGREEMENT.
Fees. Visa does not currently charge for use of the Alerts Service.
In order for SMS Alerts to be sent to your mobile device you must (i) own or be an authorized user of a two-way text message (or “SMS”)-capable mobile device that is registered on a supported wireless carrier network, (ii) have elected a data plan that includes use of your mobile device's SMS capabilities, and (iii) ensure that your mobile account remains in good standing with your wireless carrier. You are solely responsible for such charges and any other charges from your wireless carrier. You should contact your wireless carrier for complete pricing details.
Availability/Interruption. You acknowledge that the actual time between a selected trigger and the time the Alert is sent to your mobile device is dependent on a number of factors, including your wireless service and coverage within the area in which you are located at that time, and that Alerts may be delayed, experience delivery failures, or face other transmission problems. Similarly, commands are likewise affected by the same or similar factors and problems could arise with use of commands. Alerts may not be available to be sent to your mobile device in all areas.
If you registered to receive Alerts to your email address(es), please be sure that “Visa.com” is a permitted domain in order to avoid the Alerts being filtered as spam. Email Alerts may be affected by Internet outages and other problems impacting the transmission and receipt of email messages.
If you registered to receive Alerts to your mobile device, the Alerts Service is available when you have your mobile device within the operating range of a wireless carrier with an appropriate signal for data services. The Alerts Service is subject to transmission limitations and service interruptions. Visa does not guarantee that the Alerts Service (or any portion thereof) will be available at all times or in all areas.
Also, the Visa Purchase Alerts Service is not available on transactions that are not processed over VisaNet. Some transaction authorizations are processed on other payment networks such as NYCE, STAR, etc. The Visa Purchase Alerts Service has no visibility into these transactions and cannot send Alerts for these transactions.
You acknowledge and agree that Visa is not responsible for performance degradation, interruption or delays due to conditions outside of its control. You acknowledge that the Visa Parties, as defined below, shall not be liable to you if you are unable to receive Alerts on your mobile device in your intended area. The Visa Parties disclaim all liability for: any delays, misdelivery, loss, or failure in the delivery of any Alert; any form of active or passive filtering; or insufficient space in your email account(s) to receive email messages.
Issuer Alerts. Issuers for your Eligible Cards may provide alert services that are similar in nature to the Alerts Service. In the event an Issuer-originated alerts service is provided for one or more of your Eligible Cards, the Visa Purchase Alerts Service may not be available to you. Your use of and participation in Issuer-originated alert services is governed by the terms of service between you and your Issuer.
Cards that were once eligible for Visa Purchase Alerts Service may not be eligible for Alerts in the event your Issuer opts out of all or part of the service, e.g., SMS.
The Visa Purchase Alerts Service is only available to individuals who reside in the United States and are: (i) of legal age of majority in their state of residence (and at least 18 years of age); and (ii) are a Visa cardholder in good standing and eligible for the Visa Purchase Alerts Service. You represent and warrant that you meet the foregoing criteria of eligibility.
C. Modifications to Visa Purchase Alerts Service
Visa reserves the right at any time and from time to time to interrupt, restrict (without cause and without notice to you), modify or discontinue, temporarily or permanently, the Visa Purchase Alerts Service (or any part thereof) with or without notice. You agree that Visa shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Visa Purchase Alerts Service.
No Warranties: TO THE FULLEST EXTENT ALLOWABLE BY APPLICABLE LAW, ALL MATERIALS, INFORMATION, PRODUCTS, DATA, SOFTWARE, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE VISA PURCHASE ALERTS SERVICE ARE PROVIDED “AS IS” AND WITH ALL FAULTS FOR YOUR USE. VISA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, AND VISA SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. VISA (INCLUDING ITS LICENSORS) DOES NOT WARRANT THAT THE VISA PURCHASE ALERTS SERVICE WILL BE UNINTERRUPTED, TIMELY, ACCURATE, RELIABLE, UPDATED, CORRECT OR SECURE; THAT THE VISA PURCHASE ALERTS SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SATISFACTION, QUALITY, PERFORMANCE, ACCURACY AND EFFORT CONCERNING THE VISA PURCHASE ALERTS SERVICE ARE NOT GUARANTEED AND YOU USE THE SERVICE SOLELY AT YOUR OWN RISK.
Limitation of Liability: IN NO EVENT SHALL THE VISA PARTIES, AS DEFINED BELOW, BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE LOSS OR DAMAGE FOR ANY BREACH OF THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF BUSINESS OR GOODWILL, AND LOSS OF USE EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE OR ANY CLAIM BY ANY THIRD PARTY.
IN ADDITION, NOTWITHSTANDING ANYTHING CONTRARY HEREIN, IN NO EVENT SHALL THE VISA PARTIES BE LIABLEWITH RESPECT TO ANY FAILURE TO PROVIDE THE VISA PURCHASE ALERTS SERVICE ERROR-FREE OR UNINTERRUPTED.
Indemnity: You agree to indemnify and hold harmless Visa, its respective financial institutions, your Issuer, merchant, wireless carrier, and their respective affiliates, advertising and promotion agencies and their service providers and all of their respective officers, directors, employees and agents (collectively, the “Visa Parties”) from any loss, liability, claim, or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Visa Purchase Alerts Service, including any use in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth herein.legal.terms.limitations.exclusions.titlelegal.terms.limitations.exclusions.body
Intellectual Property Rights: Visa reserves all patent, copyright, trade secret, trade name, trademark, accompanying media or documentation, and other proprietary rights related to the Visa Purchase Alerts Service, and you shall not infringe or violate such rights.
To the fullest extent permitted by law, you and Visa agree that:
THIS SECTION CONTAINS AN ARBITRATION PROVISION. PLEASE READ THIS PROVISION CAREFULLY. IT PROVIDES THAT ANY DISPUTE RELATING TO THE ALERTS SERVICE OR THESE TERMS SHALL BE RESOLVED BY BINDING ARBITRATION. IN ARBITRATION NEITHER YOU NOR VISA WILL HAVE THE RIGHT TO LITIGATE DISPUTES IN COURT, OR TO HAVE A JURY TRIAL ON THE DISPUTES. DISPUTES MAY BE ARBITRATED ONLY ON AN INDIVIDUAL BASIS. PRE-HEARING DISCOVERY RIGHTS AND POST-HEARING APPEAL RIGHTS WILL BE LIMITED, BUT THE ARBITRATOR CAN AWARD DAMAGES AND RELIEF AS PERMITTED UNDER THESE TERMS.
Any dispute, claim or controversy arising out of or relating to the Alerts Service or the Alerts Terms, including the formation, interpretation, breach, performance, termination, enforcement, interpretation or validity of the Alerts Terms, the validity and enforcement of this provision, and the determination of the scope or applicability of the agreement to arbitrate (a “Dispute”) that can be subject to arbitration, shall be resolved exclusively pursuant to the process and arbitration clause set out in this section. Any Disputes between you and Visa shall be resolved through binding arbitration; except that, if you are a US resident, you may assert claims in small claims court (if your claims qualify). This arbitration clause only applies to Disputes with Visa regarding the Alerts Service; if you have a dispute with the services provided by or otherwise involving your Issuer, you must resolve that dispute with your Issuer.
The rules governing any arbitration between you and Visa are as follows: The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures if you reside in the United States and JAMS’ International Arbitration Rules if you reside outside the United States, to the extent that those rules do not conflict with this provision. You may obtain a copy of these rules by contacting JAMS at 1-800-352-5267, by writing to JAMS at 620 Eighth Avenue, 34th Floor, New York, NY 10018, or online at www.jamsadr.com or www.jamsinternational.com/.
ANY DISPUTE SHALL BE ARBITRATED ON AN INDIVIDUAL BASIS. THIS MEANS THAT BOTH YOU AND VISA ARE PROHIBITED FROM JOINING OR CONSOLIDATING DISPUTES IN ARBITRATION BY OR AGAINST OTHERS, AND ARE PROHIBITED FROM ARBITRATING ANY DISPUTES AS A REPRESENTATIVE OR MEMBER OF A CLASS. The arbitration will take place before one arbitrator. The arbitration shall (i) be conducted by telephone, online and/or be solely based on written submissions, and the specific manner shall be chosen by the party initiating the arbitration; and (ii) not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties. The arbitrator will be mutually agreed upon by you and Visa. If you and Visa cannot agree on an arbitrator, the arbitrator will be appointed according to JAMS procedures. If for any reason a Dispute proceeds in court rather than in arbitration, you and Visa shall both waive any right to a jury trial.
You may elect to hire an attorney, but are not required to do so. Each party will be responsible for its own attorney fees and costs, unless awarded by the arbitrator under applicable law. The party that initiates the arbitration will pay the filing fee (unless otherwise dictated by JAMS due to a finding of hardship). Visa will advance all other administration, case management and arbitrator fees associated with the arbitration, through payment directly to JAMS. At the end of the arbitration, the fees paid by Visa may be allocated between you and Visa at the direction of the arbitrator in compliance with JAMS procedures.
All issues are for the arbitrator to decide, including issues relating to the scope and enforceability of this arbitration provision. Any decision of the arbitrator shall be final. Judgment on the award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. Visa’s liability is limited as described in this Agreement, to the fullest extent permitted by applicable law.
The arbitrator cannot award punitive or exemplary damages, except as may be required by statute, or any pre-award interest; nor may the arbitrator award any incidental, indirect or consequential damages, including damages for lost profits or harm suffered by third parties. You and Visa acknowledge that these terms evidence a transaction involving interstate commerce. Notwithstanding the provision in the preceding paragraph with respect to applicable substantive law, any arbitration conducted pursuant to the Alerts Terms and this section shall be governed by the Federal Arbitration Act (9 U.S.C., Secs. 1-16).
This section and arbitration provision shall survive the termination of this Agreement. If any part of this section, other than waivers of class action rights, is deemed or found to be unenforceable for any reason, the remainder shall remain enforceable. If a waiver of class actions rights is deemed or found to be unenforceable for any reason in a case in which class action allegations have been made, the remainder of this section shall be unenforceable.
The Alerts Terms and the rights of you and Visa shall be governed by and construed in accordance with the laws of the State of Delaware exclusive of conflict or choice of law rules.
Legal Compliance: 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 list of prohibited or restricted parties. You agree that neither the Visa Purchase Alerts Service, the accompanying documentation nor any direct product thereof is being or will be shipped, transferred or re-exported, directly or indirectly, into any country prohibited by the United States Export Administration Act and the regulations thereunder or will be used for any purpose prohibited by the Act.
Survival: THIS SECTION SHALL SURVIVE TERMINATION OF THIS AGREEMENT.
Assignment: You may not assign this Agreement without Visa's prior written consent. Entire Agreement: This Agreement represents the entire agreement between you and us, which may only be amended as described in this Agreement. If any part of this Agreement is found invalid, the balance of the Agreement shall remain enforceable.
Export Control Laws: You acknowledge that the laws and regulations of the United States and other countries may restrict the export and re-export of the Visa Purchase Alerts Service. You agree that you will not export or re-export the Visa Purchase Alerts Service in any form or to any recipient whether inside or outside the United States in violation of applicable United States and foreign law.
Additional Provisions: The failure to enforce any term of this Agreement on one occasion shall not prevent enforcement on any other occasion or the enforcement of any other term. Headings and captions shall not be considered included for purposes of interpretation or Visa Purchase Alerts Service hereof, but are for convenience only.
F. Contact Us:
If you have any questions about the Visa Purchase Alerts Service, please send an email to [email protected]. If you have any questions about your Visa card or any transaction associated with your Visa card, please contact your Issuer directly.