General terms and conditions of the Priceless® Specials platform
The use of the Platform implies the express and full acknowledgment of the present Terms and Conditions. The Cardholder that doesn’t agree with the Terms and Conditions that will be used in the Platform has the right to not make use of it. Nevertheless, the use of the Platform indicates the full, total and unconditional agreement with the following Terms and Conditions.
- General Description of the Platform
The Platform is a platform in which the Mastercard Cardholders can find, participate and/or access different promotions, discounts and deals and/or benefits (see later in “Promotion(s)”) offered directly by different companies located in the Applicable Territory (see later in “Partners”), under Mastercard’s sponsorship. Through the Platform, the intention is to grant Mastercard Cardholders with participating cards, specified in each Promotion (see later in “Participating Mastercard Cards”), whose cards has been issued by a bank supervised and authorized by the corresponding Authority in the Applicable Territory (certain Promotions for selected products and/or services that Mastercard has had agreed upon previously with the Partners). The types of cards with which are allowed to participate in each promotion, discount, deal and/or benefit are subjected to what is agreed upon with each Partners in each of the specific Terms and Conditions of each partnership.
Each Promotion with each Partner will be regulated by a specific Terms and Conditions of each partnership with each partner, which fulfillment and/or application will be exclusively under the responsibility of each Partner depending on the products and/or services offered and the conditions established for their enjoyment. Notwithstanding the foregoing, these terms and conditions regulate the role of Mastercard within the different partnerships agreed with the Partners, who only acts as the sponsor of the Promotions subject to the limitations contained in point 3 of this document.
- Applicable Territory: May use the Platform all the Cardholders who make the payment of the total of the products and/or services selected and offered by each Partner, which will be subject to the Terms and Conditions of each Partner, within the Applicable Territory, with the participant Mastercard Cards issued in Costa Rica, Guatemala, Honduras, Nicaragua, El Salvador, and Panama (see later in “Applicable Territory”).
- Participants: May use the Platform to find, participate and/or access the different promotions offered by the different Partners, all the Participant Mastercard Cardholders, whose card has been issued by a supervised entity and authorized by the Authority of the Applicable Territory, is active, valid and accepts these terms and conditions (the “Cardholders”).
- Participation: The Cardholders who make the total payment of the purchase of products and/or services that are being offered by the Partners with one of the Participating Cards (depending on what was agreed with each Partner for each Promotion), will receive the Promotions, in accordance to the terms and conditions that each Partner establishes for that purpose.
- The Partner’s Duties:
For each Promotion made by any of the Partners through the Platform by mutual agreement of the parties, it is generally established that:
- The Partner will allow advertising material and any other material related to the Promotion to be set up in the premises/sites enabled by the Partner that contain information corresponding to the Promotions;
- The Partner will deliver exactly the product and/or service that is being communicated in the Promotion and will guarantee that the product is delivered and/or service is provided in optimal conditions;
- The Promotion will be exclusive between the Partner and Mastercard, therefore the Partner will not be allowed to grant the same promotion, discount, offer and/or benefit to another consumer that pays with a credit or debit card that belongs to another franchise different from Mastercard;
- The Partner will have to train its personnel so that they can offer in a successful and effective manner the corresponding information of the Promotion, with Mastercard;
- The Partner must deliver to the final consumer the Promotion, agreed with Mastercard through the Platform, without any changes;
- The personal data collected during the development of the Promotion, will be solely and exclusively collected, used and processed by the Partner, who under his exclusive responsibility must always make use of them in accordance with the applicable laws; and
- The Partners will be exclusively and directly responsible for the products and/or services offered, as well as for the compliance with all existing regulations related to production, health standards, marketing, consumer rights and the use of products and/or services, and local laws.
- Other Legal issues.
- Mastercard is solely and exclusively the sponsor of the Promotions, therefore, it will not assume any kind of responsibility, directly or indirectly, for the breach of the obligations acquired by the Partners against the Cardholders, for the failing to deliver the products and/or services offered through the Platform, their defective delivery, delayed due to logistical failures that may arise, complaints, claims or any other breach incurred by a Partner. The Partners will be exclusively and directly responsible for the products and/or services offered, as well as for compliance with all existing regulations and for existing, related to production, health standards, marketing, consumer rights and the use of products and/or services.
- Mastercard does not guarantee nor assume responsibility for the quality of the services and/or products offered through the Platform by the different Partners. The guarantee and suitability of the products and/or services acquired by the Cardholders in the Partners’ establishments are obligations of each of the Partners. Mastercard does not provide any product and/or service of the Partner, nor is it its representative, distributor, promoter or similar. Mastercard is only a brand that supports the payment method, therefore it does not assume any responsibility for the products/services marketed by the Partner.
- Mastercard does not collect, store, transmit or receive personal data from users of the Platform. Mastercard is not responsible nor is in charge for the processing of personal data that each Partner collects, receives, stores or concerns the Cardholders for the purpose of making effective any Promotion published on the Platform. The Partner is the solely responsible for any activity of improper, illegal or unauthorized use or treatment of personal information in which any Partner may incur.
- Mastercard is not a bank or is an entity monitored by the Applicable Territory Authority and does not issue debit or credit cards. The financial institutions, supervised by the Authority of the Applicable Territory, are the institutions that issue debit and credit cards with the MasterCard brand. Cardholders can go directly to their financial institution and/or to the Applicable Territory Authority to address issues regarding the use of their Participating Card.
- Mastercard has no interference with the Promotions granted by the Partners or with their policy and/or conditions. Mastercard only communicates to the Cardholders a series of Promotions that the Partners offer for paying with Mastercard cards and in some cases it sponsors them.
- The time periods, conditions, characteristics and other information of any Promotion are solely and exclusively those that are specified within the advertising pieces published in https://caribbean.mastercard.com/en-region-car/consumers/view-offers-and -promotions.html.
- The Partners will be solely responsible for delivering the products and/or providing the services in accordance with the information provided by the Promotions offered through the Platform. In the same way, he will be the solely responsible for providing a good service to the Cardholders and for resolving any complaint or claim in the most suitable and effective manner.
- Mastercard will not be directly or indirectly responsible for any inconvenience that may arise between the personnel of any physical or virtual establishment of an Partner and the Cardholders.
- The Promotions offered by the Partners to the Cardholders under any of the following modalities, can vary at any time:
- Discount percentage: Corresponds to the percentage of discount that the Partner grants to the Cardholder who makes the entire payment of their purchase with Mastercard Participating Cards that are agreed between the Partner and Mastercard for the specific discount.
- 2x1: Corresponds to the offer awarded for the purchase of the entire product with Mastercard Participating Cards that are agreed between the Partner and MasterCard for the specific offer, you get another free product that contains the same characteristics as the purchased.
- Improved: Corresponds to the benefit of the improvement (in size and/or quality) of the product paid in full with Mastercard Participating Cards or those that are agreed between the Partner and Mastercard for the specific benefit.
- Gift: Corresponds to the benefit of obtaining a bonus product for the purchase of another that has been paid in full with the MasterCard Participating Cards that are agreed between the Partner and Mastercard for the benefit in particular, this second product may be different to the acquired.
- Added value to the service provided: Corresponds to the promotion of acquiring a product and/or service with the possibility of obtaining it for a lower price than the market, any additional product and/or services that complements the product and/or service acquired in the beginning, paying the full price with Mastercard Participating Cards that are agreed between the Partner and Mastercard for the specific promotion.
- Absence of Labor Relationship: Between Mastercard and the employees of each of the Partners and the other persons who intervene on behalf of the Partners in any way in the execution of the Promotions offered by the Partners through the Platform, there will be no labor, civil or another kind. Each Partner will assume all responsibility that corresponds to it under the law as employer or contracting party of the people who intervene in the execution of the Promotions offered by the Partners through the Platform, and therefore will have to fulfill the civil or labor obligations that they correspond to them, including the payment of salaries, social benefits, integral social security, pensions, affiliation to the system of professional risks, compensations and other rights, parafiscal contributions, and in general, to all those obligations that correspond to them according to the law or any existing contract between the Partners and said workers.
The Partners must keep their employees affiliated to the comprehensive social security system and professional risks in accordance with the law, and to demand and obtain that their authorized subcontractors do the same.
The Partners must ensure the safety of workers and provide them with adequate protective equipment for the development of their work, in accordance with legal standards.
The Partners will compensate and protect Mastercard for each and every one of the actions, procedures, losses, costs, fines, expenses (including, without limitation, attorneys' fees and expenses), procedures, claims and demands in any way that arises from the acts or omissions and/or the compliance or non-compliance of the part of the Partners, their employees, contractors, affiliates or agents in relation to the matters established herein or in any other way related to (i) the Platform, its use, and Promotions made by any of the Partners through the Platform and (ii) with any Promotion and the specific terms and conditions of each Partner.
Neither party shall be liable for indirect, incidental, special or indirect damages (including, without limitation, loss of profits and business opportunities) regardless of whether that party has been informed or has knowledge that such damages have been or may be permitted by the applicable law.