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 the Habib Bank AG
Zurich that issued your VISA 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 VISA Card Agreement and Disclosure
or Membership Agreement, the Issuer's VISA Card Agreement and Disclosure and
Membership Agreement shall control.
1 - Acceptance of Terms
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
- 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.
- Unless explicitly stated
otherwise, any new features that augment, enhance or otherwise change Verified
by Visa shall be subject to this TOS.
- 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
2 - Description of Verified by
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
by sending One Time Password (OTP) on your mobile number registered with
Habib Bank AG Zurich.
3 - Cardholder password and
You are solely responsible for maintaining the confidentiality
of your password and other verification information established by you with Verified
by Visa, and all activities that occur using your password 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,
shall not be liable for any loss or damage arising from your failure to
comply with this TOS.
4 - Your Conduct
- You agree not to :
- impersonate any person or entity using Verified
- 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
- 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
- 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
- intentionally 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
- 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. We will pay any direct
out-of-pocket expenses that you may incur due to:
Under no circumstances will
we 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.
- negligence or intentional misconduct by us, our
employees or agents;
- an attack by others on the systems we use to provide
Verified by Visa; or
- any error in, or failure of, Verified by Visa.
6 - Dealings with Merchants
Your correspondence 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.
7 - 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.
8 - Notice
Notices to you may be made via either email or regular mail to
any address in your Registered Data or other information that you have provided
to us in connection with any of your accounts with us, or your VISA cards
issued or otherwise provided by us.
9 - Age and Responsibilities
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 Registered Data,
your password or other verification information.
10 - "Jurisdiction
UAE law will apply in case of any disputes arises between
parties and Dubai court will be the specialized court.