Mastercard Geographic Insights Platform

These terms and conditions (“Product T&Cs”) contain the terms and conditions that govern your access to the Mastercard Geographic Insights Platform (“Service”), and is an agreement between Mastercard Asia/ Pacific Pte Ltd and the institution (“Client”) on whose behalf you will access and use these Services, Platform and Deliverables (as defined below). These Product T&Cs are further subject to the Terms and Conditions (including the Platform Terms) set out in the section titled “Additional Terms” in bulletin Announcement AN4928 (Network Level Services Acquiring for Australia), and the Geographical Insights Pre-Access Form. Capitalized terms used but not defined herein shall have the meanings assigned to such terms in the Terms and Conditions. These Product T&Cs take effect when you click the “submit” button presented with these Product T&Cs or, if earlier, when you use any of the Services, Platform and Deliverables (“Effective Date”). You represent to us that you are lawfully able to enter into these Product T&Cs. If you are entering into these Product T&Cs for an entity, such as the company you work for, you represent to us that you have legal authority to bind that entity. If you do not agree to the Product T&Cs or the Terms and Conditions, please do not access the Service.

1. SCOPE

• Leveraging anonymized and aggregated data sourced from card transactions, Mastercard has developed data products designed to help clients better assess spending dynamics with implications to their business. The Service uses quadtree spatial indexing built from standard grids (quads) aggregated to geographical census areas to assess spend-based performance and trends. These insights enable improved reliability and confidence in critical decision making by incorporating fact-based spend data across various industries, providing a view into the micro-economy of an area.
• The Service provides spend and performance based insights via an interactive web-based interface for highly visual area analysis with platform only features including area demographic profile, consumer journey, breakout of percent spend and transaction share by industry, report printing, data download by area, comparison capability and more.

2. DELIVERABLES

• Client is requesting and Mastercard has agreed to provide Client with a subscription to the platform available at https://mrli.carto.solutions/ (the “Platform”). The insights and other information provided through the Platform shall be Deliverables (as defined in the Terms and Conditions). Unless otherwise specified in these Product T&Cs, Permitted Users (as defined below) may access and use all of the features of the user interface of the Platform per the terms specified in these Product T&Cs.

A subscription to the Platform includes the following:

1. Subscription with respect to available insights for the following geographies: Australia (the “Territory”). Access will be provided during the Term to up to twenty (20) members of Client’s organization (or Client’s merchants’ organisations) as Client will have separately notified to Mastercard pursuant to the Geographical Insights Pre-Access Form (“Permitted Users”). Following your acceptance of these Product T&Cs, you will be provided Permitted User access credentials for the Platform.

2. All metrics and industries available on the Platform at the time of acceptance of these Product T&Cs (as defined in Appendix A).

3. Index scores by area benchmarked against 1) Country 2) State/Province and 3) Metro area where applicable.

4. All geographical boundaries of the Territory available on the Platform at the time of acceptance of these Product T&Cs, as defined in Appendix A.

5. Historical data from January 2018 viewable via standard or custom time range at daily, weekly or monthly granularity, refreshed weekly

6.Percentage of spend and transaction share by industry, shopping area demographic profile, consumer journey and consumer residential zip demographic profile, refreshed monthly.

7. All interface features including my locations capability to maintain and compare locations, data download and report creation by area.

8. 8. During the Term and subject to the terms and conditions of these Product T&Cs, Mastercard will grant access to the Platform for the Permitted Users. Client (as licensee) shall be responsible for any breach or non-compliance by such Permitted Users. The Platform may not be used or extracted (a) for publication or distribution on Client’s or any third-party Website; (b) for online or similar database services to a third party; (c) to provide any services or products that may compete with the Platform; or (d) in such a manner as to result in the displacement of an existing Mastercard sale or subscription with any third party, or loss of a potential Mastercard sale or subscription to any third party.

3. GRANT OF LICENSE

• (a) Subject to the Terms and Conditions and the terms set forth in these Product T&Cs, Mastercard grants to Client a non-exclusive, non-transferable, non-assignable license, without the right to-sublicense to use, to permit Permitted Users to access the Platform, and receive and use the Deliverables through the Platform, for the following internal purposes: to support in providing Client’s merchants with insights into location based spend trends to help them design retail network optimisation strategies or understand economic impacts of investment and events in certain areas. Client’s use of the Platform is limited by the restrictions set out in the Geographical Insights Pre-Access Form and these Product T&Cs, which respectively limit the Permitted Users and the amount of and type of data. Client’s merchants’ use of the Service is subject to their acceptance of separate terms and conditions which will be made available to them before they can access the Service, and is conditional upon your eligibility for the Service pursuant to the Terms and Conditions and these Product T&Cs, and Client choosing to grant access to such merchant Permitted Users.
• (b) Except as otherwise set forth herein, Mastercard provides the Platform “AS IS” and “AS AVAILABLE”. This disclaimer constitutes an essential part of these Product T&Cs.
• (c)Client hereby acknowledges that the Platform and the Deliverables have been developed and created at great time and expense and that Mastercard has a proprietary interest therein. Client further acknowledges that Mastercard may suffer great harm if Client misappropriates or misuses the Platform or any of the Deliverables. Accordingly, Mastercard may seek injunctive or other equitable relief against the breach or threatened breach of these Product T&Cs in addition to any other legal remedies which may be available. The obligations under this paragraph shall survive any termination of these Product T&Cs.
• (d)Client shall not reverse engineer, disassemble, decompile or translate (or aid any other party in reverse engineering, disassembling, decompiling or translating) the proprietary data and other materials contained in the Deliverables or the Platform in any manner whatsoever, including but not limited to, attempting to identify any individual transactions or cardholders or specifically assessing Mastercard’s current or future financial performance or the financial performance of individual merchants
• (e) 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 Deliverables or Platform 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, neither the Deliverables nor the Product are directed at any person in any jurisdiction where it would be unlawful to do so. Client acknowledges and agrees that the Deliverables and the Platform are provided solely for informational purposes and shall not be relied upon by any person, Client or Client’s users, for the purpose of investment, non-security investments (such as acquiring retail properties), signing lease agreements, trading REIT stock, or other financial decisions.

4. SOLUTION UPDATES AND SUPPORT

• (a)On Client request, Mastercard shall provide up to a maximum of 8 hours of onboarding support during the first 30 days from the date the first Client access is provisioned, the form of (including but not limited to) e-mail correspondence or conference calls to answer Client questions. During the onboarding period, support requests can be sent to Acquirer.Networklevelservices.ANZ@mastercard.com or to your Account Manager. All support hours will be provided during regular Australian business hours. After the initial 30 day onboarding period, Client may obtain support through Mastercard’s Global Customer Support process, by calling +1-636-722-6176 or e-mailing customer_support@mastercard.com.
• (b) Client shall notify Mastercard of any consumer inquiries, complaints or quality control issues relating to the Deliverables within thirty (30) days of receipt thereof by Client, its customer service representatives or agents. Mastercard may determine in its sole discretion whether the Deliverables or any data information contained therein should be updated, changed or modified on the basis of any such inquiries, complaints or quality control issues.
• (c) Client acknowledges that the Deliverables (i) contain information and data available as of the date such information and data is made available to Mastercard, and Mastercard has no obligation to update the Deliverables or to advise Client of any change in the information or data contained therein, even if Mastercard voluntarily updates or causes such information or data to be updated from time to time and (ii) are provided hereunder by Mastercard and no third party (including, without limitation, any Mastercard affiliate or member) shall have any responsibility for the presentation or delivery thereof.

5. TERM

• Client shall have access to the Service for its Permitted Users for such time as the Service remains a Value-Added Service, and Client remains eligible to receive such Value-Added Service, pursuant to bulletin Announcement AN4928 (Network Level Services Acquiring for Australia). Upon the cessation of any of the foregoing conditions, Client (and, where relevant, its merchants’) access to the Platform shall be terminated.

6. OTHER TERMS AND CONDITIONS

• (a) Mastercard may provide certain proposed materials and make certain recommendations in connection with these Product T&Cs. Client is responsible for reviewing and evaluating the appropriateness of these same materials and recommendations, as well as any decisions made or actions taken by Client in response to such proposed materials and recommendations to Client, against Client’s risk-tolerances and/or other criteria. (b) Mastercard and Client acknowledge and agree that the analyses and data included in the Deliverables 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. The Client agrees that it will not take any adverse decision against individuals based on the metrics which Mastercard provides to the Client. (c) Mastercard will not provide counsel to Client regarding the implications of the laws and/or regulations from a legal and/or compliance standpoint. In performing the Services hereunder, Mastercard may summarize and report legal and regulatory developments but shall not provide any legal advice, recommendations, evaluation or analysis about such developments. (d) These Product T&Cs and the information contained herein is confidential information and its disclosure is subject to the confidentiality provisions as set out in the Terms and Conditions.

Appendix A 

Current Metrics Industries and Boundaries