Dated: [24.06.15]
These terms of use, together with our Privacy Policy, provide you with information about us and the legal terms and conditions ("Terms and Conditions") on which Visa Europe Services Inc, 1 Sheldon Square, London W2 6TT licenses the Visa Travel Tools ("App") to you. In these Terms and Conditions, "we", "us" or "our" refers to Visa Europe Services Inc. The App is licensed, not sold, to you by us and your licence to use the App is subject to your prior acceptance of these Terms and Conditions.
These Terms and Conditions apply to all and access to and use of the App by you. Please read these Terms and Conditions carefully and make sure that you understand them, before downloading the App. If you do not accept these Terms and Conditions, you should not download or use the App.
You should print a copy of these Terms and Conditions or save them to your device for future reference.
- Licence and Restrictions
- 1.1 We grant the right to use the App on all Apple and Android devices that use iOS 8.1 and higher or Android 4.0 and higher respectively for your personal purposes only. This right is personal to you and cannot be transferred or shared with any other person. No commercial use may be made of the App.
- 1.2 The licence granted to you in these Terms and Conditions permits you to download, view, retrieve, access, use and display the App on your device.
- 1.3 Except as expressly set out in these Terms and Conditions or as required by applicable laws, you must not:
- (a) copy, download, print, make electronic copies of or retain in any tangible form whole or material parts of the App;
- (b) remove or alter any copyright notices or identification of authorship as they appear in the App;
- (c) use any data mining or automatic access tools such as spiders or robots or undertake any scarping in relation to the App or collect any information or data from the App or our systems;
- (d) reproduce, decompile, modify distribute, display, publish, create derivative works from or make available by way of licence or sale the App, any updates or any part thereof, without our express written permission;
- (e) use the App in an unlawful manner or for any unlawful purpose, or in any way in breach these Terms and Conditions;
- (f) act fraudulently or maliciously, for example by inserting malicious code including viruses or hacking into the App;
- (g) infringe any of our intellectual property rights or those of any third party in relation to your use of the App.
- 1.1 We grant the right to use the App on all Apple and Android devices that use iOS 8.1 and higher or Android 4.0 and higher respectively for your personal purposes only. This right is personal to you and cannot be transferred or shared with any other person. No commercial use may be made of the App.
- Intellectual Property Rights
- 2.1 You acknowledge and agree that any and all intellectual property rights (including, but not limited to, patents, copyright, trade marks, database rights, rights in design) in the App are owned by us or our licensors and that nothing in these Terms and Conditions gives you any right, title or interest in any intellectual property rights save as expressly set out in these Terms and Conditions.
- Third party materials
- 3.1 The App may display, include or make available content, information, data or materials from third parties ("Third Party Materials") or provide links to third party web sites. By using the App, you acknowledge and agree that we are not responsible for the content, accuracy, timeliness, completeness, legality, validity, quality or any other aspect of such Third Party Materials or web sites.
- 3.2 Third Party Materials and links to other web sites are provided solely for your convenience.
- Accessing the App
- 4.1 We do not guarantee that the App, or any content on it, will always be available or uninterrupted.
- 4.2 We may suspend, withdraw, discontinue or change all or any part of the App without notice. We will not be liable to you if for any reason the App is unavailable at any time for any period. If we update or change the App, depending on the update or change, you may not be able to continue to use the App until you have downloaded the latest version of the App and accepted any new Terms and Conditions.
- 4.3 Neither we nor any of our content providers guarantee the availability, accuracy, completeness, reliability or timeliness of any information displayed by the App. You acknowledge and agree that any reliance on or use by you of any information made available by us will be entirely at your own risk.
- 4.4 Any financial information displayed on the App is for general information only and is not intended to be relied upon as financial advice. Any exchange rate calculation is indicative only. Location information provided by the App is for basic orientation and information purposes only and is not intended to be relied upon in situations where precise location information is needed.
- How we use your personal information
- 5.1 We use your personal information in accordance with our Privacy Policy. Please read our Privacy Policy, as it includes important terms which apply to you.
- Our right to vary these Terms and Conditions
- 6.1 We may revise these Terms and Conditions from time to time if there are changes in relevant laws and regulatory requirements.
- 6.2 If we revise these Terms and Conditions, we will contact you to give you reasonable advance notice of the changes. If you are not happy with these changes please do not continue to use the App as continued use is deemed approval of all changes
- Our Liability
- 7.1 We do not in any way exclude or limit our liability for:
- (a) death or personal injury caused by our negligence;
- (b) fraud or fraudulent misrepresentation; or
- (c) any breach of the quality standards for digital content set out in the Consumer Rights Act 2015 (description, satisfactory quality, fitness for purpose).
- 7.2 If we fail to comply with these Terms and Conditions, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms and Conditions or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time we granted you the licence under these Terms and Conditions.
- 7.3 We only licence the App to you for your personal use as described in these Terms and Conditions. You agree not to use the App for any commercial, business or resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity that may arise as a result of such use.
- 7.1 We do not in any way exclude or limit our liability for:
- Termination by Us
- 8.1 We may terminate these Terms and Conditions immediately by written notice if we reasonably believe that you are in material breach of these Terms and Conditions or are otherwise engaged in any illegal or improper activities in relation to the App.
- If we terminate these Terms and Conditions:
- (a) all rights granted to you by us under these Terms and Conditions will end; and
- (b) you must delete or remove the App from all your devices, and delete all copies of the App in your possession, control or custody and certify that you have done so to us.
- Other Terms
- 9.1 We may transfer our rights and obligations under these Terms and Conditions to another organisation, but this will not affect your rights or our obligations under these Terms and Conditions. We will always notify you by email or by posting a notice on the App if this happens.
- 9.2 These Terms and Conditions are between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contract (Rights of Third Parties) Act 1999 or otherwise.
- 9.3 Each of the paragraphs of these Terms and Conditions operate separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
- 9.4 These Terms and Conditions will not limit or affect any consumer protection rights that you may be entitled to under the mandatory laws of your local jurisdiction.
- 9.5 Please note that these Terms and Conditions are governed by English law. This means your use of the App and any dispute or claim arising out of or in connection with it will be governed by English law.
- 9.6 if we do not insist that you perform any of your obligations under these terms and conditions, or if we do not enforce any of our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. if we do wave any breach of these terms and conditions by you, we will only do so by notifying you by email, and that will not mean that we will automatically waive any breach by you in the future.