Visa Commercial Offers Platform Terms and Conditions

VISA COMMERCIAL OFFERS PLATFORM
TERMS AND CONDITIONS

Overview

The Visa Commercial Offers Platform (“Platform” or “Program”) is operated by Visa Worldwide Pte. Limited. (“Visa”, “we”, “us”). The Platform enables a holder of a Visa Commercial Card issued in Thailand to enroll their Visa Commercial Card and receive the opportunity to redeem or participate in various offers, promotions, charitable donations (subject to required licenses) and other initiatives (“Opportunities”).

Participation in the Program, including access to and use of the Visa Commercial Offers Platform at https://www.visa.co.th/en_TH/account/login (“Visa Site”), is governed by the following terms and conditions (“Terms and Conditions”) as well as all applicable laws. By registering for and participating in Program, and accessing and using the Visa Site, you accept and agree to these Terms and Conditions without limitation or qualification, and represent that you are eligible and authorized to register and enroll yourself and your Visa Commercial Card in accordance with these Terms and Conditions. The Terms and Conditions are subject to change at any time and by continuing to participate in the Program after such a change, you agree to the updated Terms and Conditions.

Registration / Your Responsibilities

To enroll in the Program, participants must create an account (“Program account”) by following the instructions on the Visa Site and providing the requested information, including first and last name, contact number, email address, and the primary account number or “PAN” (the 16-digit Visa card account number on the front or back of a Visa card) of a Visa Commercial Card. There is a limit of one Program account per person and per email address.

Registration is not complete until you complete all steps of the registration process, which may include responding to a confirmation message or otherwise verifying your registration.

You are responsible for maintaining accurate and up to date contact and card information in your account, and for maintaining the confidentiality and security of your Program account login and password information. You are fully responsible for all activities that occur through your Program account. In the event of a dispute about Program account ownership, the person who is the authorized e-mail account holder of the e-mail address provided at registration (and who meets the eligibility criteria) will be deemed the participant.

Privacy and Personalization

Information collected in connection with the Program is subject to Visa’s Global Privacy Notice.

Changes to the Program

We reserve the right to change, limit, suspend or terminate the Program or any Opportunity in any way and at any time. Changes may include but are not limited to changing participating entities (such as merchants, charities, or other entities), changing the specific details, requirements, eligibility, qualification criteria, or duration for a specific Opportunity, or changing the overall Program structure or operation. We also reserve the right to suspend or cancel any cardholder’s enrollment in the Program without notice unless required by applicable law, including without limitation where we believe you are abusing or wrongfully using the Program.

Communications with Program Participants

The Visa Site will contain information that has more details regarding the Program and various Opportunities. We may communicate with you in various channels depending on your profile choices (such as email or SMS messages if you have chosen to receive either). All electronic communications from us to you shall be deemed to be communications “in writing” and deemed delivered to you no later than the earlier of the date actually received or five days from the date of posting or dissemination.

Lost, Stolen or Damaged Cards

If your enrolled Visa Commercial Card is lost, stolen or damaged, first call your issuing financial institution at the telephone number provided in your card agreement. Any replacement card may have a different card number, in which case you will have to re-enroll your replacement card to be eligible for Opportunities using that card. Transactions made through unauthorized purchases from a lost or stolen card or card number will not be eligible for the Program.

Offer Details

As part of the Program, the Visa Site provides a platform for the display and redemption of offers extended by merchants (“Merchants”) to Visa Commercial Cardholders (each an “Offer”). These Offers are subject to the terms and conditions below and any other terms stipulated by the respective Merchants:

Offer details as shown are based on information provided by the Merchant.
No warranties are made by Visa that the information is correct. Please check directly with Merchant to confirm availability and validity of the offer shown on the Visa Site.
The Merchant is the sole provider of all goods and/or services under the Offer. Accordingly, the Visa Cardholder understands, acknowledges, and agrees that the procurement by him/her of any goods and/or services under the Offer shall constitute a contract solely between the Merchant and him/her, and Visa is not, nor will become, a party thereto.
By utilizing or attempting to utilize any of the goods and services under this Offer, the Visa Cardholder understands, acknowledges, and agrees that:
1. Any claim, complaint or dispute of any nature arising out of or in relation to the procurement or attempted procurement by the Visa Cardholder of any goods and/or services under this offer (each, a “Claim”) shall be settled by the Visa Cardholder directly with the Merchant, and Visa Cardholder shall not make any Claim against Visa.
2. Without prejudice to the foregoing, and to the fullest extent permitted by law, Visa shall not be liable to any person for any loss, damage, expenses or claim (whether direct or indirect) in relation to any personal injury, death, false representation, damage or omission arising from or in connection with the usage or attempted usage of the Offer or goods and/or services provided under the Offer.

Disclaimers

All questions or disputes regarding eligibility for the Program or Offer, or a participant’s compliance with these Terms and Conditions, will be resolved by Visa in its sole discretion.
Visa is not responsible for any information or materials supplied by, or the actions or omissions of, any other person or entity related to the Program or an Opportunity.
The Program and any Opportunity are void where prohibited by applicable law.

Releases & Limitations of Liability

By participating in the Program, you accept all responsibility for, and hereby release and agree to indemnify and hold harmless Visa and its parent, subsidiary, affiliate, and related companies, and each of their agents, promotion and advertising agencies, and any of their respective officers, directors, employees, shareholders, and successors, assigns, and service providers (the “Released Parties”) from and against any claims, liabilities, damages, or expenses that may arise from your participation in the Program, or for any harm or injury caused by any third party, including the products, services, or actions of any Merchant or participating entity. Released Parties are not responsible for any act or omission of any participating entity or Merchant, or for any printing or computer error, omission, interruption, irregularity, deletion, defect, delay in operations or transmission, theft or destruction or unauthorized access to or alteration of Program materials or for technical, network, telephone equipment, electronic, computer, hardware or software malfunctions of any kind, or inaccurate transmission of Program information due to technical problems or traffic congestion on the internet, at any web site or any combination thereof.

IN NO EVENT SHALL THE RELEASED PARTIES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE DAMAGES OR LOST PROFITS, EVEN IF ANY OR ALL OF THE FOREGOING OR ANY OF THEIR AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS MEANS THAT PARTICIPANT HEREBY WAIVES ANY AND ALL RIGHTS TO ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE DAMAGES OR LOST PROFITS FROM THE RELEASED PARTIES. THE FOREGOING DISCLAIMERS, EXCLUSIONS AND LIMITATIONS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE.

TO THE FULLEST EXTENT ALLOWABLE BY LAW, VISA SPECIFICALLY DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES, EXPRESSED OR IMPLIED, REGARDING THE PRODUCTS AND/OR SERVICES SOLD THROUGH THE PROGRAM, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE.

Our Rights and Remedies

Without limiting any other remedies, Visa may suspend or terminate a participant’s Program account if Visa suspects that the participant or any related party has engaged in fraudulent or improper activity in connection with the Program. Any failure to abide by these Terms and Conditions or any policies or procedures implemented by Visa, any conduct detrimental to Visa or that interferes with the operation of the Program, any misrepresentation or fraudulent activities, or any attempt to undermine the fair legitimate operation of any aspect of the Program may result, in addition to any rights or remedies available to Visa at law or in equity, in the termination of participation in the Program, as well as forfeiture of any rewards, discounts, or other benefits earned through the Program prior to the date of termination, all as determined by Visa in its sole discretion.

Visa reserves the right to suspend or discontinue the eligibility of any person who uses, or, in the case of suspension, is suspected of using, the Program in a manner inconsistent with these Terms and Conditions or any laws, statutes or ordinances. In addition to suspension or discontinuance of the Program eligibility, Visa shall have the right to take appropriate administrative and/or legal action, including criminal prosecution, as it deems necessary in its sole discretion.

Visa’s failure to enforce any of these Terms shall not constitute a waiver of that, or any other, provision of these Terms.

Governing Law and Jurisdiction

These Terms and Conditions are governed by and construed in accordance with the laws of the Republic of Singapore, and any disputes arising in connection with them shall be subject to the exclusive jurisdiction of the Singapore courts.

If any provision of these Terms and Conditions is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be severed from the remainder of these Terms and Conditions, which will otherwise remain in full force and effect.