Terms of Service - Verified by Visa
Welcome and thank you for choosing to use the
Verified by Visa authentication service ("Verified by Visa"). Please
read this Terms of Service Agreement carefully before using Verified by Visa.
In this Agreement, "Issuer" refers to Tamilnad Mercantile Bank
Ltd that issued your VISA Debit Card; "we," "us,"
and "our" refer to Issuer and its suppliers of card processing and
web-hosting services; and "you," "your," or
"yours" refers to the user of Verified by Visa.
This Terms of Service Agreement supplements
and is incorporated in Issuer's cardholder agreement(s) with you
("Cardholder Agreement"). In addition to this Terms of Service
Agreement, Verified by Visa
also is subject to the Cardholder Agreement governing the card transactions for
which Verified by Visa is used.
In the event of any conflict between this
Verified by Visa Terms of Service document and the Issuer's Debit
Card Agreement and Disclosure or Membership Agreement, the Issuer's Debit
Card Agreement and Disclosure and Membership Agreement shall control.
1. ACCEPTANCE OF TERMS
a) Verified by Visa
provides its service to you, subject to the following Terms of Service
("TOS") and the Cardholder Agreement governing the card transactions
for which Verified by Visa is
used. The TOS may be updated by us from time to time without notice to you. Use
of the service constitutes your acceptance of the terms. You shall be subject
to any guidelines or rules applicable to Verified
by Visa that may be posted from time to time at this location.
b) You agree that
creation of a Verified by Visa
account password, and/or use of Verified
by Visa, will represent your acceptance of this TOS and that continued
use of Verified by Visa after
revisions to this TOS shall constitute your agreement to such revised terms and
any applicable posted guidelines or rules.
explicitly stated otherwise, any new features that augment enhance or otherwise
change Verified by Visa shall
be subject to this TOS.
d) The Issuer reserves
the right at any time and from time to time to modify or discontinue,
temporarily or permanently, Verified
by Visa (or any part thereof) with or without notice.
2. DESCRIPTION OF Verified by Visa
Verified by Visa provides you with a way of increasing
security in online and other transactions for which Verified by Visa is used by reducing the chances of fraud for
those transactions. Registering for Verified
by Visa involves providing personal information to us, which is then
used to confirm your identity in connection with future online transactions or
other transactions for which Verified
by Visa is used, as discussed in more detail in Section 4 below. Verified by Visa also may be used for
record keeping and reporting purposes, as well as to help resolve any
transaction disputes. Your Registration Data, as
defined in Section 3, and other personal information is not shared with the
merchant, as discussed in more detail in Section 7 below.
3. YOUR REGISTRATION OBLIGATIONS
You agree to:
a) Provide true,
accurate, current and complete information about yourself as prompted by Verified by Visa's registration form
b) Maintain and
promptly update the Registration Data to keep it true, accurate, current and
complete. If you provide any Registration Data that is untrue, inaccurate, not
current or incomplete, or if we have reasonable grounds to suspect that your
Registration Data is untrue, inaccurate, not current or incomplete, we have the
right to suspend, terminate, or refuse your current or future use of Verified by Visa or your card
a) In order to use Verified by Visa, you must provide
certain information to us that allow us to validate your identity and verify
that you are the owner of the specified debit card(s). The information that you
provide may be validated against information we already have on file that is
associated with you, your debit card(s), information we receive from one or
more third parties, or information maintained by a third party.
b) If you are unable to
provide adequate information for us to validate your identity, we have the
right to not allow you to register for Verified
by Visa. You warrant that the information is correct and that you have
the legal right to use all of the debit cards that you register for Verified by Visa.
c) If you do not
successfully register for Verified by
Visa, the merchant may not accept your Visa debit card in payment for an
e-commerce or other transaction subject to Verified by Visa.
d) In order to use Verified by Visa, you must have the
ability to access the World Wide Web and must pay any service fees associated
with such access. In addition, you must have the equipment necessary to make
such a connection to the World Wide Web, including a computer and modem or
other access device.
e) In the event you
have a question regarding the Verified
by Visa registration process or a transaction using Verified by Visa, you should direct
that question to our customer service department.
a) During registration
in Verified by Visa, you may be
asked to select a password. When engaging in an online transaction or other
transaction for which Verified by Visa
is used, you may be asked for your Verified
by Visa password before the merchant accepts your Visa card in payment
for the transaction. If you are unable to provide your Verified by Visa password, or if the authentication through Verified by Visa otherwise fails, the
merchant may not accept your Visa debit card in payment for that transaction.
b) By registering in Verified by Visa, you assent to the
use of Verified by Visa to
evidence your identity, including for purposes of authorization of transactions
authorized in advance to recur at substantially regular intervals.
a) Verified by Visa stores your
Registration Data. Your Registration Data will not be shared with online retail
merchants or merchants in other transactions for which Verified by Visa is used.
b) You acknowledge and
agree that Verified by Visa may
keep your Registration Data and also may disclose your Registration Data if
required to do so by Applicable Law, as defined in Section 8(a)(ix), in the good faith belief that such preservation or disclosure
is permitted by Applicable Law, or as reasonably necessary to (i) comply with legal process or (ii) enforce this TOS.
Data and all personally identifying information about you is subject to our
7. CARDHOLDER PASSWORD AND SECURITY
You are solely
responsible for maintaining the confidentiality of your password, Registration
Data and other verification information established by you with Verified by Visa, and all activities
that occur using your password, Registration Data or other verification
information supplied to or established by you with Verified by Visa. You agree not to transfer or sell your use of,
or access to, Verified by Visa
to any third party. You agree to immediately notify us, as we require in
our cardholder agreement with you for a lost or stolen card, of any
unauthorized use of your password or other verification information, or any
other breach of security. You acknowledge and agree that, except as otherwise
provided by Applicable Law or in our cardholder agreement with you, we shall
not be liable for any loss or damage arising from your failure to comply with
8. YOUR CONDUCT
You agree not to:
impersonate any person or entity using Verified by Visa;
upload, post, email or otherwise
transmit any material that contains software viruses or any other computer
code, files or programs designed to interrupt, destroy or limit the
functionality of any computer software or hardware or telecommunications
equipment used by Verified by Visa;
spam or flood the Verified by Visa Website or service;
modify, adapt, sub-license, translate,
sell, reverse engineer, decompile or disassemble any portion of the Verified by Visa Website or service
or the software used in connection with Verified
remove any copyright, trademark, or
other proprietary rights notices contained in Verified by Visa;
"frame" or "mirror"
any part of the Verified by Visa
Website or service without Visa's prior written authorization;
use any robot, spider, site
search/retrieval application, or other manual or automatic device or process to
retrieve, index, "data mine," or in any way reproduce or circumvent
the navigational structure or presentation of the Verified by Visa Website or service or its contents;
otherwise interfere with, or disrupt, Verified by Visa or servers or
networks connected to Verified by Visa,
or violate this TOS or any requirements, procedures, policies or regulations of
Verified by Visa or of any
networks connected to Verified by Visa;
or unintentionally violate any applicable local, state, national or
international statute, regulation, regulatory guideline or judicial or
administrative interpretation, or any rule or requirement established by Visa
(all of which shall constitute "Applicable Law") in connection with
your use of Verified by Visa.
You agree that we shall not be liable to you or to any
third party for any modification, suspension or discontinuance of Verified by Visa.
Under no circumstances we will be liable for
consequential, incidental, special or indirect losses or other damages, such as
any damage to your computer or telephone service resulting from your use of Verified by Visa.
We assume no responsibility for, and will not be liable
for, any damages to, or any viruses which may affect, your computer equipment
or other property on account of your access to, use of, or downloading from,
this Web site.
If you want to end your ability to use Verified by Visa, you must contact us
so that your password and Registration Data with Verified by Visa can be deactivated. Any purchases you made
using Verified by Visa prior to deactivation will
not be affected.
We may temporarily or permanently deactivate your ability
to use Verified by Visa and
terminate your relationship with us at any time, with or without fault on your
11. DEALINGS WITH MERCHANTS
or business dealings with, or participation in promotions of, online retail or
other merchants on or through Verified
by Visa, including payment and delivery of related goods or services,
and any other terms, conditions, warranties or representations associated with
such dealings, are solely between you and such merchant. You agree that, except
as otherwise provided by Applicable Law or in our cardholder agreement with
you, your card Issuer shall not be responsible or liable for any loss or damage
of any sort incurred as the result of any such dealings. You understand that
use of Verified by Visa does
not, in any way, indicate that we recommend or endorse any merchant, regardless
of whether the merchant participates in Verified
by Visa. For example, Verified
by Visa does not verify the identity of the merchant or the quality of
the merchant's goods or services.
12. DISCLAIMER OF WARRANTIES
You expressly understand and agree that any software
obtained through the use of Verified
by Visa is downloaded and used at your own discretion and risk and that
except as otherwise provided in this TOS Agreement, you will be solely
responsible for any damage to your computer system or loss of data that results
from the download or use of any such software or other materials through Verified by Visa.
EXCEPT AS OTHERWISE REQUIRED BY ANY APPLICABLE STATE LAW,
MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT VERIFIED BY VISA OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ANY
WARRANTIES AS TO MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE
EXCLUSIONS MAY NOT APPLY TO YOU.
Notices to you may
be made via either email or regular mail to any address in your Registration
Data or other information that you have provided to us in connection with any
of your accounts with us, or your debit cards issued or otherwise provided by
14. AGE AND RESPONSIBILITY
You represent that
you are of sufficient legal age to use Verified
by Visa and to create binding legal obligations for any liability you
may incur as a result of the use of Verified
by Visa. Except as otherwise provided by Applicable
Law or in our cardholder agreement with you, you understand that you are
financially responsible for all uses of Verified
by Visa by you and those authorized by you to use your Registration
Data, your password or other verification information.