Card Linking Terms - Visa

CARD ENROLLMENT SERVICES

Payhawk uses third party service providers to facilitate the provision of card enrollment services to you through the Payhawk Platform. Your use of Payhawk is governed by the terms and conditions available at payhawk.com/terms.

To the extent that you utilize the card enrollment service powered by Astrada (the Payhawk Card Enrollment Program), the following terms and conditions (End User Terms) shall apply

1. DEFINITIONS

1.1. "Astrada" facilitates the provisioning of the Transaction Data to Payhawk by linking the Payment Scheme(s) with the Payhawk Platform.
1.2. “Card Enrollment Service(s)” means the services provided to you by Astrada.
1.3. "Eligible Payment Card" means any Visa and/or Mastercard credit or debit card which is eligible to become a Linked Card as determined by Payhawk and Astrada from time to time, with the following being excluded: (a) some PIN based purchases on debit cards (debit transactions should be authorised via signature and not PIN in order to be monitored); (b) purchases you initiate through identification technology that substitutes for a PIN; (c) payments made through other payment methods (such as a third party payment app, where you may choose your Visa and Mastercard card as a funding source but you do not present your card directly to the merchant); (d) Visa and Mastercard non-reloadable prepaid cards; (e) government-administered prepaid cards (including EBT cards); (f) Flexible Spending Account (FSA) or insurance prepaid cards; (g) Visa Buxx, and Visa- and. Mastercard-, branded cards whose transactions are not processed through the Visa payment system and Mastercard payment system payment system.
1.4. "Linked Card" means an Eligible Payment Card which is linked to the Payhawk Card Enrollment Program.
1.5. "On-Us Transaction" means the transaction where the acquiring bank of the merchant and issuing bank of the bank of the Linked Card enrolled by the User or the Company to make a transaction are the same entity, and the transaction is settled outside of the Payment Scheme(s).
1.6. Payhawk Privacy Policy means the document setting out what Payhawk does with its customers’ data, as available at [https://payhawk.com/privacy](https://payhawk.com/privacy)
1.7. Payhawk Terms & Conditions means the terms and conditions setting out how Payhawk provides its customers with the Payhawk Services, as available at [https://payhawk.com/terms](https://payhawk.com/terms)
1.8. "Transaction Data" means the data supplied by a Payment Scheme(s) relating to a transaction and includes the last 4 digits of PAN (Primary Account Number), MCC (Merchant Category Code), authorization code, merchant location, card token, currency, authorization and settlement date and time, and amount paid.
1.9. "User" means an individual agreeing to these End User Terms.

2. In order to enroll the Eligible Payment Card in the Payhawk Card Enrollment Program, you will be required by Astrada to provide your Eligible Payment Card details such as 16 digit PAN (Primary Account Number), expiry date and country of issue ("Card Details").
   
   
3. By enrolling the Eligible Payment Card in the Payhawk Card Enrollment Program, you authorize Payhawk to share your Card Details with the Payment Scheme(s) so that the Payment Scheme(s) are aware that you are using the Payhawk Card Enrollment Program through Payhawk. You authorize the Payment Scheme(s) to monitor your transactions made using the Linked Card(s) and share the Transaction Data with Astrada and Payhawk (through Astrada), in order to enable your usage of real time transaction data for all transactions made on the Linked Card. Further, you authorize Payhawk to process the Transaction Data received from Astrada to provide you the services through the Payhawk Card Enrollment Program. You may opt-out of the Payhawk Card Enrollment Program by navigating to your settings menu to remove your Linked Card(s).
   
   
4. Notwithstanding anything to the contrary in the Payhawk Terms & Conditions and the Payhawk Privacy Policy, its third party service providers (including Astrada) will use Transaction Data solely as follows: To create a record of the Transaction Data and thereafter maintain and use data in connection with operating the Platform; To provide information in order to respond to a request from government authority or a payment organization involved in a transaction with you or a merchant. You authorize the sharing, exchange and use of Transaction Data described above and herein by and among Payhawk, its third party service providers and applicable Payment Scheme(s).
   
   
5. You acknowledge and agree that the Payment Scheme(s) may not be able to monitor every transaction made using your Linked Card, including On-Us Transaction, some PINbased purchases on debit cards (debit transactions should be authorised via signature and not PIN in order to be monitored), purchases you initiate through identification technology that substitutes for a PIN, payments of existing balances, balance transfers, or transactions that are not processed or submitted through the Visa U.S.A. or Mastercard payment systems, and that these transactions are not eligible (Unsupported Transactions). Such Unsupported Transactions will be determined by the Payment Scheme(s) and/or Astrada and may be modified from time to time.
   
   
6. The Card Details that You provide to Astrada through the Payhawk Card Enrollment Program and the Transaction Data collected by Astrada from the Payment Scheme(s) will be processed by Astrada in accordance with Astrada Privacy Policy.
   
   
7. The Payhawk Card Enrollment Service is provided to you on an “AS-IS” and “AS AVAILABLE” basis. Neither Payhawk nor the Payment Scheme(s) provides any warranty that the Payhawk Card Enrollment Program or any result obtained from the Payhawk Card Enrollment Program will (i) be accurate; (ii) meet your requirements; or (iii) be uninterrupted, secure, timely or error free.
   
   
8. Neither Payhawk nor the Payment Scheme(s) shall be liable for any damages (direct or indirect) that you may suffer in connection with (i) Astrada's use of Card Details and Transaction Data; or (ii) your use or inability to use the Payhawk Card Enrollment Program.
   
   
9. You shall defend, indemnify and hold harmless Payhawk , its officers, directors, shareholders, employees, Visa, MasterCard and Astrada from and against all claims, suits, proceedings, losses, liabilities, and expenses, whether in tort, contract, or otherwise, that arise out of or relate to, including but not limited to attorney’s fees, in whole or in part, arising out of or attributable to Your breach of the End User Terms or any activity by You in relation to the Payhawk Card Enrollment Program.
   
   
10. Unless otherwise defined in these End User Terms, all capitalized terms used herein shall have the meanings ascribed to them in the Payhawk Terms & Conditions. In the event of any inconsistency between the definitions in these End User Terms and the Payhawk Terms & Conditions, the definitions in these End User Terms shall prevail..
    
    
11. Payhawk reserves the right to temporarily or permanently disable the Payhawk Card Enrollment Program without any prior notice.
    
    
12. Payhawk may modify the End User Terms or the Payhawk Card Enrollment Program, from time to time, with or without notice.