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This Agreement governs the use of Visa IntelliLink Spend Management, an online application for transaction data consolidation and reporting for financial management services (collectively, the "Services"). You must be a Registered User to use the Services. A "Registered User" is a user from whom Visa has received the information necessary to permit such person access to the Visa IntelliLink Spend Management website, its accompanying applications, media, and documentation, and who has agreed to accept these terms of use. By using these services, you agree to be bound to the Terms of Use set forth herein.
As used in this Agreement, the terms "you", "your" or "user" are synonymous, and refer to the person using the Services in any way.
TERMS OF USE. Visa Europe Limited ("Visa") grants you a non-exclusive, non-transferable royalty-free license to access the Barclaycard Total Spend Management website located at https://spendmanagement.barclaycard.co.uk (the "Site"), and to use the Services in connection with your participation in the Visa IntelliLink Spend Management Program, conditioned on your acceptance without modification of the terms and conditions ("Terms") of this Terms of Use Agreement ("Agreement"). The Services are licensed, to you by Visa for your personal use, AND ALL RIGHTS NOT EXPRESSLY GRANTED ARE RESERVED BY VISA OR ITS LICENSORS. If you are a Visa Member, this Agreement and your use of the Services hereunder is subject to in all respects the Visa Europe Operating Regulations (the "Operating Regulations")
NO UNLAWFUL OR PROHIBITED USE. You may not use the Services for any purpose that is unlawful or prohibited by these Terms. You may not use the Services in any manner that could damage, disable, compromise or interfere with any Visa operated or affiliated website or the network(s) connected to any other Visa service or any other party's use of any Visa service. Unauthorised access to any Visa services, other accounts, computer systems or networks connected to any Visa services, through hacking, password mining or any other unauthorised means is prohibited. Visa may monitor your use of the site without further notice for compliance with these Terms and conditions.
ACCESS AND PASSWORDS. Each time you enter your Account Name (User Identification) and Password login information, you authorize Visa to process your request and to retrieve and/or transmit information requested by you. Authorised access to the Services requires your completion of a registration by providing current, complete and accurate information as prompted by the applicable registration form. You are required to change the assigned Password for your Account Name (User Identification). You are the only person authorised to use your Account (User Identification) and Password, and you agree not to permit or allow other persons to have access to or use the same. You are entirely responsible for maintaining the confidentiality of your Password and Account Name (User Identification). Furthermore, you are entirely responsible for all activities that occur through the use of your Password or Account (User Identification). You agree to notify Visa immediately of any actual or suspected unauthorised use of your Password Account (User Identification), or any other breach of security. For security purposes, Visa will not disclose your Account Name (User Identification) or Password if you lose or forget it and, in such circumstances, you will be required to contact your Program Administrator. If you are the Program Administrator and need to have your Password reset, you will need to contact your sponsoring Issuer, its designated first level (Level I) Help Desk or the Visa second level (Level II) Help Desk. Visa will not be liable for any loss that you may incur as a result of someone else using your Account (User Identification) and Password, either with or without your knowledge. However, you could be held liable for losses incurred by Visa or another party due to someone else using your Account (User Identification) and Password.
CONFIDENTIALITY. The information derived from or related to the Services is the property of Visa and is for the sole use of authorised users of the Services only in support of Visa branded products and services. A Registered User must not disclose information derived from the Services, other than the data that the User is authorised to access, or any other information associated with the Services, to third parties unless it is permitted or otherwise authorised by its sponsoring Issuer and Visa. Visa has taken reasonable measures to protect the security of your information, including the use of firewalls and security measures at its physical facilities. However, Visa does not guarantee the security of data or information collected, transmitted or accessed through the Internet and shall not be liable in any way for a compromise of your data or information. Information collected by Visa about a user's experience with the Services will be used in accordance with Visa's privacy policy stated at www.visaeurope.com.
THIRD PARTY SITES. The Site and the Services may link you or direct you to third party websites. These other sites are not under the control of Visa. Visa is not responsible for the performance of, information provided by or activity of any third party site provider in connection with their provision of services or otherwise. The inclusion of such link(s) does not imply endorsement of the site by Visa or any association with its operators. Visa provides these site links to you only as a convenience. You are responsible for reviewing, understanding and complying with the terms and conditions governing any third party sites and your use of such sites.
TRANSFERABILITY. You may not transfer, distribute, sub-license, assign or grant any rights in the Services in any form to any person without the prior written consent of Visa. As a condition to Visa granting consent, among others that Visa may require, any such transferee or licensee must agree to be bound by these Terms. These Terms are binding upon and inure to the benefit of you and your respective successors and assigns.
TERMINATION. Participation in the Services is at the sole discretion of Visa, which may limit participation, impose conditions on its use, and discontinue all or part of the Services at any time. Your license and right to use the Services are effective until terminated. This License will terminate immediately without notice from Visa if you fail to comply with any provision of this License. You may terminate this License at any time upon notice to Visa.
RESTRICTIONS. Visa (for itself and its licensors) reserves all patent, copyright, trade secret, trade name, trademark, accompanying media or documentation, and other proprietary rights related to the Services, and you shall not infringe or violate such rights. Except as stated herein, the Services are for your personal use. You may not modify, translate, reverse engineer, decompile, disassemble, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from or in connection with the Services. Notwithstanding the above, you may print or download one (1) copy of the associated media and documentation for the Services solely for back-up purposes, provided that you reproduce all copyright and other proprietary notices included on the original on such copy. Additionally, you may not remove any proprietary notices, labels, or marks on the Services or accompanying documentation.
NOT PROFESSIONAL ADVICE. Visa uses reasonable efforts to provide accurate data and/or reports to you through the Services. Such data and/or reports are intended only for financial management and informational purposes. Visa cannot guarantee that any such data and/or reports are accurate or complete or that they will be current at all times. Data and/or reports are not intended to provide specific legal, accounting, financial or tax advice for you, and should not be relied upon in that regard. Visa assumes no liability or responsibility for any errors or omissions in the content of the Site. You should independently verify the content of all such data and/or reports prior to making any decisions based that content. You should not act or rely on such data and/or reports without seeking the advice of a professional.
WARRANTIES. EXCEPT AS MAY BE PROHIBITED OR RESTRICTED BY APPLICABLE LAW, ALL MATERIALS, INFORMATION, PRODUCTS, SOFTWARE, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SERVICES ARE PROVIDED "AS IS" . VISA DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, AND VISA SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. VISA, ITS SUBSIDIARIES, AND ITS LICENSORS DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, ACCURATE, RELIABLE, CORRECT OR SECURE; THAT THE SERVICES 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 SERVICES ARE SOLELY AT YOUR OWN RISK. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU.
EXPORT CONTROLS. You agree that neither the Services, 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 there under or will be used for any purpose prohibited by the Act.
LIMITATION OF LIABILITY. FOR VISA MEMBERS, THE ENTIRE AND EXCLUSIVE LIABILITY OF VISA AND ITS LICENSORS UNDER THIS AGREEMENT, SHALL BE AS STATED IN THE VISA OPERATING REGULATIONS. FOR NON VISA MEMBERS, YOU AGREE NOT TO HOLD VISA LIABLE FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF YOUR USE OF THE SERVICES. YOUR EXCLUSIVE REMEDY SHALL BE AS SET FORTH IN YOUR AGREEMENT WITH YOUR VISA ISSUER.
IN NO EVENT SHALL VISA (INCLUDING ITS MEMBERS, VENDORS, LICENSORS, OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS) BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH OR ARISING OUT OF THIS AGREEMENT OR THE PROVISION OF SERVICES, HOWEVER SUCH DAMAGES ARISE AND/OR WHETHER IN TORT, CONTRACT OR OTHER CLAIM, EVEN IF SUCH PARTY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES.
STORAGE LIMITATIONS. Visa may establish limits concerning use of the whole or any part of the Services, including without limitation the maximum disk storage space that will be allotted and reserved on Visa's servers on your behalf, and the maximum number of times and duration you or your authorised users may access the Services. Visa has no responsibility or liability for the deletion, corruption or failure to store any information, data or other content maintained or transmitted by the Services.
GENERAL. This License and Terms represents the entire agreement between the parties relating to the subject matter hereof and no waiver or modification of the Agreement shall be valid unless in writing signed by each party. The waiver or a breach of any term hereof shall in no way be construed as a waiver of any other term or breach hereof. This Agreement will be governed by the laws of England and Wales and each party consents to the exclusive jurisdiction of the English courts. If any provision of this Agreement shall be held by a court of competent jurisdiction to be contrary to law, the remaining provisions of this Agreement shall remain in full force and effect.
Should you have any questions about this Agreement, or if you desire to contact Visa for any reason, please notify Visa at the following addresses.
| Email - vevimadmin@visa.com |
| Postal Address – Head of Data Platforms, Commercial Solutions, Visa Europe, PO Box 39662, London W2 6WH |
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND, BY CLICKING ON THE BUTTON MARKED "ACCEPT" YOU WILL INDICATE YOUR ACCEPTANCE OF ITS TERMS AND CONDITIONS. IF YOU AGREE TO THESE TERMS, INDICATE YOUR AGREEMENT BY CLICKING THE "ACCEPT" BUTTON. IF YOU DO NOT AGREE TO THESE TERMS, CLICK ON THE "DECLINE" BUTTON.