Last updated: April 25, 2018
Thank you for using Visa Checkout with Stripe.
You must accept all of the terms and conditions of these Visa Checkout Payment Terms to use Visa Checkout with the Payment Services. If you do not accept them, you may not use Visa Checkout with the Payment Services.
For purposes of these Visa Checkout Payment Terms, Visa U.S.A. Inc. is a third party beneficiary and able to enforce these terms as if it were a party to these Visa Checkout Payment Terms.
1. Definitions
"Branding Requirements" means the branding requirements and brand guidelines as included in the Visa Documentation and as modified by Visa from time to time.
"Governmental Authority" means any domestic or foreign government, whether federal, national, provincial, state, territorial, municipal or local and any entity exercising executive, legislative, judicial, regulatory or administrative functions of or pertaining to government, including any court, commission, arbitrator, arbitration panel or other body having adjudicative, regulatory, judicial, quasi-judicial, administrative or similar functions.
"Stripe Systems" means the servers, databases, networks, and other computer systems owned, licensed, or operated by Stripe, or a third party designated by Stripe, including a web hosting company, processor, or other service provider.
"Trademark" means all common law or registered trademark, service mark, word mark, trade name and trade dress rights and similar or related rights arising under any of the laws of the United States or any other country or jurisdiction, whether now existing or hereafter adopted or acquired.
"Visa API" means any specifications, protocols, and object and source code for use with the Visa Services that format, encrypt, and decrypt messages transferred between Stripe Systems and the Visa Platform during the course of Stripe or a merchant using the Visa Services or Stripe enabling the merchant's use of the Visa Services.
"Visa Documentation" means, collectively, the operational documents, technical integration requirements and documentation, user manuals, help files, and other documentation, including checkout implementation overviews, integration guidelines, sandbox guidelines, and Branding Requirements, in written or electronic form, and as modified by Visa from time to time, that are intended for use in connection with the Visa Services.
"Visa Platform" means Visa's digital commerce platform branded "Visa Checkout," or as such platform may otherwise be branded now or in the future, which enables consumers to centralize the storage and management of Card account information through a secure interface that is accessible across multiple platforms.
"Visa Services" means the services applicable to the Visa Platform as set forth in more detail in the applicable Visa Documentation.
"Visa Trademarks" means the Trademarks owned or licensed by Visa or its Affiliates for use with the Visa Platform as contemplated under these Visa Checkout Payment Terms and as listed in the Branding Requirements.
2. Payment Terms
In connection with your use of Visa Checkout, you agree that you will:
a. install, configure, and use the Visa API and Visa Services to conform to the specifications set forth in the applicable Visa Documentation;
b. comply with (i) any and all laws, constitutions, treaties, statutes, codes, ordinances, orders, decrees, rules, and regulations; (ii) any and all judicial, arbitral, administrative, ministerial, departmental or regulatory judgments, orders, decisions, rulings or awards of any Governmental Authority; (iii) any and all policies, guidelines, recommendations and protocols issued by a Governmental Authority with jurisdiction over a person, and in each case under (i), (ii), and (iii), applicable to a person; (iv) operating rules, bylaws, schedules, supplements and addenda, manuals, instructions, releases, specifications and other rules and requirements, as may be amended from time to time, of Visa, MasterCard, American Express, Discover or any other payment network;
c. comply with the BSA, OFAC, AML, anti-bribery laws, laws regarding privacy and protection of consumer information;
d. comply with regulations by agencies of the U.S. government, including the U.S. Department of Commerce, which prohibits export or diversion of certain products and technology to certain countries, entities, and individuals, and such laws and regulations as shall from time to time govern the license and delivery of technology and products abroad by persons subject to the jurisdiction of the United States, including the Export Administration Act of 1979, as amended and the Export Administration Regulations issued by the U.S. Department of Commerce, Bureau of Industry and Security and any successor legislation;
e. not export or re-export any Visa intellectual property in violation of any such restrictions, laws or regulations;
f. not cause, approve or otherwise facilitate others such as agents, subsequent purchasers, merchants or any other third parties to export or re-export any Visa intellectual property, unless all required permits and/or approvals have been obtained;
g. not distribute or supply Visa intellectual property to any person or entity if you believe that such person intends to re-export or otherwise to take the Visa intellectual property or to use the Visa intellectual property outside of the United States without having all required permits and approvals;
h. not download or otherwise export or re-export Visa intellectual property: (i) into (or to a national or resident of) a sanctioned country or any other country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Department of the Treasury's list of Specially Designated Nationals or the U.S. Department of Commerce's Table of Denial Orders;
i. display the Visa Trademarks in accordance with Visa's Branding Requirements;
j. display the Visa Trademarks with equal prominence, other than with respect to sequence, to Trademarks of any other payment methods offered on your site and with equal treatment in terms of website flow or fees;
k. provide all reasonably necessary disclosures to and obtain all reasonably necessary consents from each end user prior to transmitting such end user information to Visa;
l. release Visa from any liability for indirect, incidental, consequential, special or exemplary damages (whether or not you have been advised of the possibility of such damages);
m. agree that Visa's aggregate liability for any direct damages, under any legal or equitable theory, will not exceed the fees received by Stripe for the provision of the Visa Services to you during the three-month period prior to the date the first cause of action arose;
n. maintain a privacy policy readily accessible to end users and shall disclose how personal information is collected, used, shared and secured, including any uses governed by these Payment Terms, andwill comply with the terms of such privacy policy;
o. maintain all appropriate physical, electronic and procedural safeguards designed to: (i)maintain the security and confidentiality of Visa end user data and access credentials; (ii)restrict disclosure of Visa end user data and access credentials to employees who have a need to access such information;
p. protect against any anticipated threats or hazards to the security or integrity of Visa end user data and access credentials;
q. protect against unauthorized access to, use or transmission of Visa end user data and access credentials; and
r. not ask end users to provide their Visa Platform password nor establish Visa Platform accounts or set passwords on behalf of end users.