SpendingPulse™ Terms and Conditions -- AUSTRALIA The following terms and conditions comprise the agreement (“Agreement”) between Mastercard International Incorporated (“Mastercard”) and you, as a Mastercard subscriber (“Subscriber”, “you” or “your”) governing your use of Mastercard’s SpendingPulse™ reports (the “Report”).
The receipt or use by you of the Report constitutes your agreement to be bound by these terms. If you do not wish to be bound by these terms, you may destroy or discard your copy of the Report and you shall notify Mastercard to discontinue sending future Reports. These Terms do not modify or supersede the terms of any other agreement for other services you may receive from Mastercard.
SpendingPulse™ reports on national retail sales and is based on aggregate sales activity in the Mastercard payments network, coupled with survey-based estimates for certain other payment forms, such as cash and check. SpendingPulse™ reports and content, including estimated forecasts of spending trends do not in any way contain, reflect or relate to actual Mastercard operational or financial performance, or specific payment-card-issuer data.
- You are permitted to access, review, download, use, report, summarize, and print copies of the Report solely for your own use as set forth herein. You shall use the text, data, graphics and other content contained in the Report solely for its own internal use and in compliance with all applicable laws, regulations, rules and reputable business practices. You shall comply and cause all other internal users of the Report to comply, with these terms and you shall be responsible for any breach or non-compliance by such users. The Report is produced for your use and may not be reproduced, re-distributed or provided to any other person or published in whole or in part, or summarized or excerpted, in any format, including electronically, for any purpose without Mastercard’s prior written consent.
- You shall not combine any Report with any content (i) in any manner that states or suggests that Mastercard or any Report is endorsing, sponsoring or affiliated with such content or related products or services, (ii) making any recommendations or providing advice as to any securities or securities markets, or (iii) to create a commercially available product, index or similar item, if the Report or Mastercard is mentioned publicly as a source for any data included therein. You shall at all times list Mastercard as the source of the Report and information contained therein and shall not change, obscure or remove any copyright or other notice or legend on the Report.
- You agree that Mastercard exclusively owns all rights and intellectual property rights in the Report, and all related trademarks, service marks, logos, names, trade names, data, websites, methodologies, models and concepts (“Mastercard Intellectual Property”). You are not granted any rights, permission, or license to use any Mastercard Intellectual Property. You will not directly or indirectly, or publicly or otherwise question or contest the validity and/or value of, or disparage the Report, Mastercard Intellectual Property or Mastercard’s rights therein.
- Mastercard does not provide investment or financial advice or recommendations as to any securities or securities market, or as to the advisability of purchasing, holding or selling any security. Nothing in the Report is intended to constitute, nor should it be relied upon as, investment advice or otherwise advice on the merits of the acquisition, disposal or holding of any security. Furthermore, nothing herein contained is intended to amount to an inducement to engage in any investment activity of any description in any part of the world. For the avoidance of doubt, the Report is not directed at any person in any jurisdiction where it would be unlawful to do so. You acknowledge and agree that the Report is provided solely for informational purposes and shall not be relied upon by any person, you or your users, for the purpose of investment or other financial decisions. THE REPORT IS NOT INVESTMENT ADVICE.
- Mastercard has created the Report in compliance with all applicable laws and regulations. The information in the Report is derived from various sources, including sales transactions made with credit cards, debit cards, checks and other means of payment, which sources are believed generally reliable, but such information has not been independently verified by Mastercard. While Mastercard has used best efforts to validate certain assumptions and estimates with respect to the underlying data in the Report, Mastercard makes no representation or warranty of any kind as to the accuracy, reliability or completeness of the Report. Various assumptions and estimates may have been made in connection with the Report, which may or may not be realized. Any changes in facts, conditions, or such assumptions or estimates also may have a material effect on the statements and conclusions made in the Report. MASTERCARD MAKES NO REPRESENTATIONS AS TO MERCHANTABILITY, FITNESS FOR ANY PURPOSE OR OTHERWISE, EXPRESS OR IMPLIED, AS TO THE REPORT, WHICH ARE PROVIDED “AS IS”.
- You acknowledge and agree that the Report contains information available as of the respective publication dates, and Mastercard has no obligation to update any Report or to advise you of any changes therein. All uses of the Report are at your sole determination and risk. YOU ACKNOWLEDGE AND AGREE THAT MASTERCARD IS NOT RESPONSIBLE FOR YOUR USE OF THE REPORT.
- You acknowledge and agree that the analyses and data included in the Report shall be subject to all relevant laws and regulations for each applicable country, as well as Mastercard’s contractual obligations and internal confidentiality, privacy, and data analytics guidelines and policies (“Applicable Standards”). In no event will Mastercard be obligated to supply or share any information or data which Mastercard determines, in its sole discretion, would cause Mastercard to be in violation of any such Applicable Standards. Mastercard reserves the right, in its sole discretion, to apply adjustments in order to achieve conformance with such Applicable Standards.
- None of Mastercard or its affiliates, or their respective directors, officers or employees shall have any liability for any direct, indirect, consequential, punitive or other damages or any losses arising from any use of the Report. These terms shall be enforceable by Mastercard directly against you.
- You shall indemnify, defend and hold harmless, Mastercard and its affiliates, and their respective officers, directors, employees, agents, licensors, from and against all claims, actions, expenses, damages and costs, including reasonable attorneys’ fees and charges, resulting from or related to Your use of the Report, or any portions thereof, and/or any violation of these terms and conditions.
- The Agreement shall be enforceable by Mastercard and its successors and assigns directly against Subscriber. The terms and conditions of this Agreement shall survive termination or expiration of the Agreement. To the extent there is a conflict between this Agreement and any other agreement Subscriber may have with Mastercard, this Agreement shall control solely with respect to the Report.
- The Report, including all contractual and non-contractual claims in relation to the Report, are governed by, and will be construed in accordance with, the laws of the State of New South Wales, Australia without regard to the conflict of laws or similar provisions that would mandate or permit application of the substantive law of any other jurisdiction. The courts of the State of New South Wales, Australia shall have exclusive jurisdiction over all proceedings related to the Report, and the Parties hereby consent to the personal jurisdiction of, and waive any objection they may now or hereafter have to the laying of venue in such courts.
Disclaimer: SPENDINGPULSE™ REPORTS AND CONTENT OR PORTIONS THEREOF MAY NOT BE ACCESSED, DOWNLOADED, COPIED, MODIFIED, DISTRIBUTED, USED OR PUBLISHED IN ANY FORM OR MEDIA, EXCEPT AS AUTHORIZED BY MASTERCARD. SPENDING PULSE REPORTS AND CONTENT ARE INTENDED SOLELY AS A RESEARCH TOOL FOR INFORMATIONAL PURPOSES AND NOT AS INVESTMENT ADVICE OR RECOMMENDATIONS FOR ANY PARTICULAR ACTION OR INVESTMENT AND SHOULD NOT BE RELIED UPON, IN WHOLE OR IN PART, AS THE BASIS FOR DECISION-MAKING OR INVESTMENT PURPOSES. SPENDINGPULSE™ REPORTS AND CONTENT ARE NOT GUARANTEED AS TO ACCURACY AND ARE PROVIDED ON AN "AS IS" BASIS TO AUTHORIZED USERS, WHO REVIEW AND USE THIS INFORMATION AT THEIR OWN RISK.
Additional information: SpendingPulse™ is published by Mastercard International Incorporated. Additional information is available via email at Spendingpulse_support@mastercard.com.