Mastercard Local - Terms of Use

Revised October 22, 2021

Introduction

Welcome to the Mastercard Local website (the "Site"). Mastercard Local (the "Program") is a promotional program bringing discount offers, card benefits and content ("Offers") to Mastercard cardholders by Mastercard International Incorporated ("Mastercard"). Please read these terms of use carefully before using this Site or the Program, and keep them for your records. By accessing this Site, you agree to these terms of use and any additional terms and conditions that may be published by Mastercard on the Site, as may be amended from time to time (collectively referred to as the "Terms of Use"). The Terms of Use set forth the terms applicable to your use of the Site and the Program. BY USING THE SITE YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREED TO BE LEGALLY BOUND BY THE TERMS OF USE. IF YOU HAVE ANY QUESTIONS ON THE TERMS OF USE, YOU SHOULD CONSULT WITH A LEGAL COUNSEL BEFORE USING THIS SITE. If you do not agree to the Terms of Use, do not access the Site, or use the Site.

In these Terms of Use, the words "you" and "your" mean the person who has accessed the Site, as defined below. The words "we," "us" and "our" mean Mastercard. "Site" means local.mastercard.com or such other web site as we may establish for the Program in the United States.

The Program

The Program is a benefit for eligible Mastercard cardholders ("Cardholders"). Mastercard Local offers a range of exclusive statement credit offers to eligible Mastercard credit and debit card cardholders. Simply pay with an eligible Mastercard at a participating local merchant and receive a 5% statement credit. To make a qualifying transaction, you must make a purchase at an enrolled merchant using your eligible Mastercard credit or debit card. Your card must be in good standing at the time of the transaction to be eligible to receive the statement credit. For each eligible transaction, you will receive a 5% statement credit per transaction. Eligible Mastercard cardholders do not need to enroll or register with the Program as your participating financial institution will handle that process. For a list of participating banks or credit unions, see local.mastercard.com or contact the bank or credit union that issued your card to see if your card is eligible. Each Offer may have additional terms and conditions which are available at local.mastercard.com.

The statement credit will be posted to your enrolled eligible card within 72 hours. However, it may take some time for the value of the award to be credited to your account with the exact timeframe being dependent on your financial institution. If you do not receive your statement credit, please contact your financial institution within 30 days of the transaction date. Statement credits may constitute taxable income to you. Compliance with any applicable tax requirements is your responsibility. Statement credits cannot be processed if your eligible Mastercard expires or changes while statement credit is pending and not settled, or your eligible Mastercard is not open or in good standing. Mastercard is not responsible for any finance or other charge, or impact on any rewards, feature, or term of your account resulting from the statement credit; your Eligible Mastercard issuer is responsible for all such charges or impacts.

Electronic Contracting

Your use of the Site requires you to have the ability to enter into agreements, and to make transactions, electronically. YOU ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS CONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND BY SUCH AGREEMENTS. YOU ACKNOWLEDGE FURTHER THAT YOUR AGREEMENT AND INTENT TO BE BOUND BY ELECTRONIC SUBMISSIONS APPLIES TO ALL RECORDS RELATING TO ALL TRANSACTIONS YOU ENTER INTO ON THIS SITE, INCLUDING NOTICES OF CANCELLATION, TERMS OF USE, POLICIES, CONTRACTS AND APPLICATIONS, AND ANY AMENDMENTS TO ANY OF THE FOREGOING.

Right to Use Site Content

By accessing this Site or the Program, you agree that: (i) you represent only yourself here and no other person; (ii) you will provide accurate information to Mastercard; (iii) you will not use the Site to reproduce, duplicate, copy, sell, resell, distribute, publish, or exploit for any commercial purpose the software, content, Offers, products, or services provided by Mastercard or obtained through the Site without obtaining the express, prior written consent of Mastercard. This restriction includes any attempt to incorporate any information from the Site into any other directory, product, or service; (iv) you will provide for your own access to use the Site, including, but not limited to, obtaining and maintaining all telephone, computer hardware and software, and other equipment and paying all related charges; (vi) you will not use the Site in any manner that adversely affects the availability of its resources to or enjoyment by other users or in any manner that could damage, disable, overburden, or impair Mastercard's or a Mastercard service provider's servers or networks; and (vii) you will not use the Site for any purpose that is unlawful or prohibited by these Terms of Use.

You may not, in using the Site (a) gain or attempt to gain unauthorized access to Mastercard's services or systems; (b) use or attempt to use Mastercard's services or systems in any manner that is not expressly authorized by Mastercard (c) disrupt, damage, or impede the operations of Mastercard's services or systems; or (d) circumvent or attempt to circumvent Mastercard's security mechanisms.

We are granting you a limited, nonexclusive, revocable license for you to view, share, print or download any Content, as defined below, from the Site for your own personal use. You are not granted the right to license, republish, distribute, copy, assign, sublicense, transfer, sell, prepare of derivative works or other non-personal use any Content on the Site. No part of any Content may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical, other than for your personal use. You may not access or use the Site in any way that could or is intended to damage or impair the Site, or any server or network underlying the Site, or interfere with anyone else's use and enjoyment of the Site. You are also granted a limited, revocable, and nonexclusive right to create a hyperlink to the Site or its any Content therein so long as the link does not portray Mastercard, or its products or services in a false, misleading, derogatory, or otherwise offensive matter or imply a sponsorship or endorsement of your site, page, or content by Mastercard.

You may not use automated systems (e.g., robots, spiders, etc.) to access the Site. You agree not to collect personally identifiable information of other users of the Site or to sell or otherwise exploit that information. Except for the limited rights expressly granted herein, all right, title and interest in and to the Site and all Content contained therein are reserved and owned by Mastercard.

MASTERCARD RETAINS THE RIGHT TO DENY ACCESS TO THIS SITE OR THE PROGRAM TO ANYONE WITHOUT NOTICE AT ITS COMPLETE DISCRETION FOR ANY REASON, INCLUDING FOR VIOLATION OF ANY OF THESE TERMS OF USE, INCLUDING ANY USE RIGHTS.

Fraud, misrepresentation, abuse, or violation of any applicable rules (including, but not limited to, these Term of Use) is subject to administrative and/or legal action by appropriate governmental authorities and Mastercard. Such action may include, without limitation, the forfeiture of certain or all statement credits issued under the Program, as well as prohibition of your future participation in the Program. In addition, Mastercard reserves the right to take any appropriate legal action to recover damages and other remedies, including its attorneys' fees incurred in prosecuting any lawsuit against you.

Changes to the Mastercard Site, the Program and Terms of Use

Mastercard reserves the right to change or modify Content, materials or information appearing on or in connection with this Site, including these Terms of Use, or discontinue the Program at any time without notice to you. Mastercard may at any time revise these Terms of Use by updating this posting. You are responsible for regularly reviewing the Terms of Use. Any changes or revisions are effective immediately upon posting. Continued use of the Program or accessing the Site following any such changes constitutes your acceptance of such changes. Mastercard reserves the right to charge fees at any time for access to all or portions of the Program with your advance acknowledgement of the charge.

Offers

The Offers are subject to certain terms and conditions for each Offer and may change at any time without notice to you. Offers are provided by third parties. You acknowledge that inclusion of an Offer on the Site or in the Program does not represent any approval, endorsement, or warranty by Mastercard of the third party that provided such Offer or their products or services. Mastercard will not be liable for any loss or damage incurred as a result of any interaction between you and a third party with respect to such Offers nor is Mastercard responsible for any products or services you purchase in connection with an Offer.

Unless otherwise stated in these Terms of Use or required by law, there is no cash value for any goods or services associated with an Offer. The merchant is fully and solely responsible for the care and quality of all goods and services it provides to you and for any and all injuries, illnesses, damages, claims, liabilities, and costs it may cause you to suffer, directly or indirectly, in full or in part, whether related to the use or redemption of an Offer or not. You waive and release Mastercard and its subsidiaries, affiliates, partners, officers, directors, employees and agents from any injuries, illnesses, damages, claims, liabilities, and costs arising from or related to any act or omission of a merchant in connection with your use or redemption of an Offer or the goods, services or experiences a merchant provides in connection with the Offer.

Mastercard or a merchant may terminate an Offer or the Program at any time without obligation to you, or change the type of goods or services associated with an Offer. Mastercard shall not be liable to you for any suspension, modification or termination of an Offer or the Program. Without limiting anything else in the Terms of Use, Mastercard also reserves the right, in its sole discretion, to suspend or terminate your participation in an Offer or the Program if Mastercard suspects that any information you provided is inaccurate or incomplete, or you fail to meet the eligibility requirements, fail to comply with the Offer terms and conditions or otherwise violate these Terms of Use.

Third-party content and links on the Site are included solely for the convenience of users and do not constitute any approval, endorsement, or warranty by Mastercard. Moreover, Mastercard is not responsible for the accuracy, completeness, or reliability of third-party information, or the products or services offered or sold through any linked webs site and you assume sole responsibility for the use of third-party information. Any agreements, transactions, or other arrangements made between you and such third party are made solely at your own risk. When you click on a third-party link, you will leave the Site. Any personal information you submit on the resulting site will not be collected or controlled by Mastercard but will be subject to the privacy notice or terms of use of the resulting site. Please review the privacy policy and terms of use of the resulting site for more information on its privacy practices. Mastercard is not responsible for examining or evaluating, and we do not warrant the offerings of any third party content or Offer presented on this Site. Mastercard does not assume any responsibility or liability for the actions, Offers and content of all these and any other third parties. Carefully review the Offer details and terms and conditions prior to purchase.

In no event shall Mastercard constitute or be considered as maintaining any type of financial obligation or deposit or other asset account, or holding funds or other value for you for distribution to you. Any pending statement credits and any associated dollar values represent offer fulfillment amounts in process owed by the merchant, and not your funds or balances maintained or held by a Mastercard.

Intellectual Property Rights

The Site Content is protected by applicable intellectual property laws and all right, title and interest in the Content is owned by Mastercard or used by Mastercard under a license or with permission. All text, formatting (including without limitation the selection, coordination and arrangement of materials on the Site, and the images, graphics, animation, tools, widgets, applications, commercials, videos, music, sounds, articles, copy, creative materials, photos, trademarks, service marks, trade names, and logos, and other materials and information on this Site are subject to the intellectual property rights of Mastercard, its subsidiaries and affiliates, and their respective licensors and licensees (collectively "Content"). These materials may not be copied, reverse engineered, decompiled, disassembled, modified, reposted to other web sites, framed, deep linked to, changed, or otherwise distributed, redistributed, licensed, sublicensed or transferred in any form by you. Nothing contained on the Site shall be construed as granting, by implication, estoppel or otherwise, any license or right to make commercial use of any Mastercard Content without Mastercard's prior written permission. The trademarks, logos, trade names and service marks, whether registered or unregistered (collectively the "Trademarks") displayed on the Mastercard Site are Trademarks of Mastercard and its third party merchant partners. Nothing contained on the Mastercard Site should be construed as granting by implication or otherwise, any license or right to use any Trademark displayed on the Mastercard Site without the written permission of Mastercard or such third party that may own the Trademark.

Any unauthorized commercial use of these materials will violate Mastercard's intellectual property rights and will be subject to Mastercard's full legal rights and remedies.

Privacy Notice

Mastercard recognizes the importance of respecting the privacy of those who visit and choose to take advantage of the programs and information offered on the Mastercard Site. The Mastercard Global Privacy Notice provides an overview of what you can expect when you simply browse the Mastercard Site. Click here to view our Global Privacy Notice.

Indemnification

You agree to indemnify, defend and hold Mastercard and its business partners and their respective officers, directors, employees and affiliates harmless from any liability, loss, claim and expense, including without limitation, reasonable attorneys' fees and expenses, related to or arising from: (i) your violation of these Terms of Use; (ii) your misuse of the Site or the Program; and (iii) your violation or infringement of copyright or other intellectual property or other rights of third parties contained in your Submissions and/or any other violation of law or breach of contract obligations relating to the Submissions.

Disclaimer of Warranties

While Mastercard will use reasonable efforts to ensure that all material on this Site is correct; however, accuracy cannot be guaranteed and Mastercard does not assume any responsibility or liability for the accuracy, completeness or authenticity of any information contained in this Site. THE SITE, THE PROGRAM, THE OFFERS AND ALL CONTENT CONTAINED HEREIN ARE PROVIDED TO YOU "AS IS," AND "AS AVAILABLE," AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE HEREBY DISCLAIMED, INCLUDING ANY WARRANTY OF MERCHANTABILITY, TITLE/NON-INFRINGEMENT, QUALITY OF INFORMATION, OR FITNESS FOR A PARTICULAR PURPOSE. NO INFORMATION OBTAINED BY YOU FROM MASTERCARD THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITATION, MASTERCARD DISCLAIMS ALL WARRANTIES REGARDING THE AVAILABILITY OF THE SITE, THAT THE SITE WILL OPERATE ERROR-FREE, THAT THE OFFER TERMS AND CONDITIONS OR DETAILS ARE ACCURATE, THAT DEFECTS WILL BE CORRECTED OR THAT THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THIS SITE IS AT YOUR OWN RISK, ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THIS SITE IS PROVIDED AT YOUR OWN RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR ANY DATA LOSS THAT MAY RESULT FROM YOUR USE OF THE SITE, INCLUDING WITHOUT LIMITATION, DAMAGE RESULTING FROM COMPUTER VIRUSES. PLEASE NOTE THAT SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

Disclaimer of Damages and Limitation of Liability

IN NO EVENT SHALL MASTERCARD, ITS BUSINESS PARTNERS OR THEIR RESPECTIVE AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, CONSEQUENTIAL OR OTHER DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO PROPERTY DAMAGE, LOSS OF USE, LOSS OF BUSINESS, ECONOMIC LOSS, LOSS OF DATA OR LOSS OF PROFITS, WITHOUT REGARD TO THE FORM OF ACTION (INCLUDING BUT NOT LIMITED TO CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTIONS) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OR ACCESS OF THE SITE, OFFERS OR ITS CONTENT, EVEN IF MASTERCARD OR ITS BUSINESS PARTNERS, EMPLOYEES, REPRESENTATIVES OR AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS. IN NO EVENT SHALL MASTERCARD'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU, IF ANY, OR FIVE HUNDRED DOLLARS ($500) (WHICHEVER IS LESSER), FOR ACCESSING OR PARTICIPATING IN ANY ACTIVITY RELATED TO THE SITE. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

Without limiting the foregoing, we are not responsible for any errors in the Offer details or terms and conditions, any card account fees or penalties that you incur on your Mastercard card as a result of your use of the Program or an Offer, including fees and penalties that may result from reversals. Any tax liability resulting from your participation in the Program or redemption of an Offer shall be your sole responsibility, and not our responsibility or the responsibility of a Merchant, Mastercard or the financial institution that issued your Mastercard card. Merchants or your issuing financial institution may report information regarding the Program and your participation in it to tax authorities. Merchants and your issuing financial institution may not vary these terms as applied to the relationship between you and us and may not make any commitments that are binding on us.

Inapplicability of Terms of Use to any Mastercard Payment Card Cardholder Agreement

Mastercard is a leading payment services organization. Mastercard is not a financial institution and does not issue credit, debit, check, or payment cards of any type of nature. Your Mastercard-branded payment card relationship is with an issuing bank or financial institution. Any and all questions or issues regarding your Mastercard-branded payment card or cardholder account should be directed to the bank or financial institution that issued your card, and not to Mastercard. While Mastercard has a relationship with your issuing bank or financial institution, that relationship does not pertain to individual cardholders or payment card accounts.

This Site is operated by Mastercard.

Miscellaneous

These Terms of Use shall be construed, interpreted, and performed exclusively according to the laws of the State of New York, United States of America, without giving effect to any principles of conflicts of law. You expressly agree that any action at law or in equity arising out of or directly or indirectly relating to these Terms of Use or this Site shall be filed only in the federal or state courts sitting in New York. You hereby consent and submit to personal jurisdiction of such courts for the purposes of any action related to the Mastercard Site, your access or use thereof, or these Terms of Use, and to extra-territorial service of process.

Content and software from the Mastercard Site may be subject to U.S. export jurisdiction and the import jurisdiction of other countries. In connection with your use of this Site, you are solely responsible for complying with all applicable export, re-export, and import control laws and regulations of all applicable jurisdictions, including, but not limited to, those of the U.S. Department of Commerce, Export Administration Regulations, 15 CFR Parts 730-774, the International Traffic in Arms Regulations, country-specific economic sanctions programs implemented by the Office of Foreign Assets Control and export and import control laws and regulations of any other countries. You may not, directly, or indirectly, use, distribute, transfer, or transmit content or software from this Site, whether by way of a direct product or of such materials or products, software, or other technical information into which content or software from this Site has been incorporated, except in compliance with all applicable export and import laws and regulations of all relevant jurisdictions.

These Terms of Use may not be assigned by you. Mastercard may assign its rights and obligations set forth in these Terms of Use at any time. Should any part or provision of these Terms of Use be held unlawful, void, invalid or unenforceable, that portion shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions. Except as provided herein, these Terms of Use constitute the entire agreement between you and Mastercard pertaining to their subject matter. Certain provisions of these Terms of Use may be superseded or added to by designated legal notices or terms located on particular pages, applications, tools, or other materials that you may access within this Site. Mastercard's failure to enforce any provision of these Terms of Use or any additional terms shall not be deemed a waiver of such provisions nor of its right to enforce such provision. These Terms of Use and any related documents may be accepted in electronic form (e.g., by an electronic or other means of demonstrating assent) and your acceptance will be deemed binding between you and Mastercard. You hereby agree, without limitation, that you will not contest the validity or enforceability of these Terms of Use and any related documents.

Customer Service

For cardholder support and inquiries related to Mastercard Local, please contact your local financial institution. They will assist you with:

1. General inquiries and support
2. Transaction-related queries
3. Lost or stolen cards

Mastercard International Incorporated, 2000 Purchase Street, Purchase, NY 10577 USA