PAYMENT SERVICE TERMS
IF YOU LIVE IN (OR YOUR PRINCIPAL PLACE OF BUSINESS IS IN) THE UNITED STATES, PLEASE READ THE BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER IN SECTION 15 OF THE MICROSOFT SERVICES AGREEMENT. IT AFFECTS HOW DISPUTES RELATING TO THESE TERMS (DEFINED BELOW) ARE RESOLVED.
Microsoft (“we” or “us”) provides you with the ability to participate in donation and other checkout payment transactions on certain Microsoft digital surfaces and other properties we may make available to you by using payment methods and information you supply to us (the “Microsoft Payment Services”). By using the Microsoft Payment Services, you agree and accept the terms and conditions set forth in these Payment Services Terms (the “Terms”). Microsoft does not accept, receive, or transmit funds in connection with the Microsoft Payment Services.
Your use of the Microsoft Payment Services is governed by these Terms, as well as the Microsoft Services Agreement, which is incorporated into these Terms by reference. You agree that the Microsoft Payment Services constitute a Service under the Microsoft Services Agreement. If there is a conflict between these Terms and the Microsoft Services Agreement, the conflicting provision in these Terms will control. These Terms govern your use of Microsoft Payment Services only as between you and Microsoft. Third-party service providers, including any Participating Vendor (defined below), your mobile network operator, your internet service provider, your financial institution, your Payment Method (defined below) provider, or your third-party digital wallet or payment service provider, may have their own terms, conditions, and privacy policies, which may apply when you provide them or Microsoft with your information or use their services in connection with the Microsoft Payment Services.
Your use of the Microsoft Payment Services is also subject to the Microsoft Privacy Statement, which describes our collection, use and disclosure of information relating to your use of the Microsoft Payment Services.
These Terms, including any future updates, remain in effect until either you terminate your use of the Microsoft Payment Services or we discontinue offering the Microsoft Payment Services.
1. Eligibility. To use the Microsoft Payment Services, you must have a current Microsoft account, and you must provide us with at least one eligible Payment Method (defined below), either by having an eligible Payment Method saved to your Microsoft account or by providing us with an eligible Payment Method in connection with making a specific Payment (defined below). You also must be at least 18 years old and have reached the age of majority in your place of residence, and you must be capable of entering into a legally binding agreement with Microsoft and must otherwise meet the requirements of these Terms.
2. Using Microsoft Payment Services.
a. In connection with the Microsoft Payment Services, you may store and manage specific methods of payment and related information (each a “Payment Method”), including (i) payment cards, such as credit, debit, and prepaid cards (each a “Payment Card”), (ii) financial institution-issued or network-issued virtual card numbers representing your Payment Card (each a “Virtual Card Number“), and (iii) identifiers linked to your Payment Methods (such as your phone number or billing address), in your Microsoft account or in the Microsoft Edge browser for the purpose of initiating transactions as contemplated by these Terms. When you elect to store a Payment Card in your Microsoft account or in the Microsoft Edge browser, Microsoft may submit a request to the payment network associated with your Payment Card and the issuer of your Payment Card for the generation and use of a token that is a surrogate number of your Payment Card. You hereby authorize the submission of such request and the use of any such token for the same purposes as a Payment Method may be used under these Terms. Following Microsoft’s submission of a token request, the issuer of your Payment Card may take steps to identify and verify you in accordance with such issuer’s identification and verification procedures. These Terms do not modify, supplement, or replace any agreement you may have with the issuer of your Payment Method. Your agreement with the issuer of your Payment Method governs the relationship between you and the issuer of your Payment Method, and you are solely responsible for ensuring your use of the Microsoft Payment Services complies with your agreement with the issuer of your Payment Method.
b. The availability of a particular Payment Method or its compatibility with the Microsoft Payment Services may depend on the Payment Method or other factors, including factors beyond our control, such as deployment of necessary infrastructure by Payment Method issuers, merchant acquirers or processors, and other payment system participants. Certain Payment Methods may not be available to you, and Microsoft may change the Payment Methods available to you at any time and for any reason. You may remove a Payment Method from your Microsoft account or from the Microsoft Edge browser at any time. Microsoft may also remove Payment Methods from your Microsoft account or from the Microsoft Edge browser if: (i) you delete your Microsoft account, (ii) you delete the copy of the Microsoft Edge browser in which your Payment Methods have been saved, or (iii) your Payment Method issuer or a payment network instructs Microsoft to remove the Payment Method. By providing us with your Payment Method and related information, you consent to the use of such Payment Method and related information to initiate transactions through the Microsoft Payment Services until such time as you delete your Microsoft account or your Payment Methods are removed from your Microsoft account.
c. Microsoft may allow you to save a Payment Method to your Microsoft account or in the Microsoft Edge browser through a variety of means, including the Microsoft Edge Wallet, other Microsoft apps and services, Microsoft’s websites and other digital surfaces, and the Payment Method issuer’s apps or websites. To save a Payment Method, you must completely and accurately provide all required information on any forms presented to you. Microsoft may require you to provide additional information as a condition of continued use of the Microsoft Payment Services. When you save or update a Payment Method, you authorize Microsoft to confirm that your Payment Method is valid and in good standing with the relevant Payment Method issuer, in accordance with payment network rules or other requirements applicable to the Payment Method.
d. You agree to use the Microsoft Payment Services only for your personal use, and only with your own Payment Methods. If you use the Microsoft Payment Services with an eligible corporate card, you agree that you are doing so with your employer’s authorization and with the ability to bind your employer to these Terms, as applicable or necessary.
e. Microsoft is not involved in any decision regarding issuing credit or determining eligibility for credit in connection with your Payment Methods, nor does Microsoft exercise control over the availability or accuracy of Payment Methods or funds. Microsoft is not party to any cardholder agreements, privacy policies, or other terms of use established between you and the issuer(s) of any Payment Method, and nothing in these Terms modifies any such documents or agreements. Microsoft does not represent or verify that any of your Payment Methods are in good standing or that the issuer of your Payment Method will authorize or approve any transaction with a Participating Vendor or any other party when you use the Microsoft Payment Services for that transaction. For any concerns relating to these issues, you must contact your Payment Method’s issuer.
f. Microsoft may update your Payment Method information, including expiration date and card number, based on information received from your Payment Method issuer or the relevant payment network under certain account update programs made available by that issuer or payment network. Microsoft may reflect these changes in your stored Payment Method information to help prevent payment failure or service termination.
g. Microsoft does not accept, receive, transmit, or otherwise process funds related to any purchase, donation, or other payment transaction or payment arrangement you make using the Microsoft Payment Services (each, a “Payment”); however, Microsoft may use Payment Methods and other payment information contained in your Microsoft account (as described in the Microsoft Services Agreement) in connection with Payments you make via the Microsoft Payment Services. The Microsoft Payment Services are available exclusively for Payments involving merchants, vendors, financial institutions, and other third parties (each, a “Participating Vendor“) with whom you authorize us to share certain payment information and/or with whom Microsoft chooses to support in connection with certain of the Microsoft Payment Services.
h. You agree that Microsoft will collect, store, use, and share information regarding you, your Payment Methods, and the Payments you make, to facilitate your use of the Microsoft Payment Services (including in connection with making future or recurring Payments) in accordance with these Terms and subject to applicable law and the Microsoft Privacy Statement. If you elect to use Microsoft Payment Services to complete a Payment, you authorize the Participating Vendor to share with us information about you and your Payment, and for us to send information, including your name, address and the Payment Method you selected for the Payment as well as any transaction details about your Payment, to the Participating Vendor, its designated payment processor, or to any other third party designated by the Participating Vendor in connection with the Payment. You further authorize the Participating Vendor to charge your selected Payment Method for your Payment, and to credit (if applicable) to your Payment Method any reversals, refunds, or adjustments related to that Payment. If any Payment is returned unpaid or if any Payment Method or transaction is rejected or denied, you authorize Microsoft, the relevant Participating Vendor, or their respective service providers to collect any applicable returned item, rejection or non-sufficient funds fee and process any such Payment via any alternative Payment Method linked to your Microsoft account. Microsoft may delay, reject, or refuse any use of the Microsoft Payment Services if it believes the transaction may involve fraud or misconduct or violate applicable law or these Terms, as determined in Microsoft’s sole discretion.
i. Microsoft may provide you with various transaction security features to reduce the risk of unintended or unauthorized transactions involving the Microsoft Payment Services. Regardless of the transaction security features you select, you assume responsibility for all charges made through the Microsoft Payment Services using your Payment Methods, including unintended or unauthorized purchases. To protect your Microsoft account, keep your account details confidential and do not share your password with anyone else. You should avoid reusing your Microsoft account password on other third-party websites and applications.
j. You acknowledge that Microsoft does not perform payment processing services in connection with the Microsoft Payment Services and is not a bank or other depository or payment institution, a money transmitter, a money services business, or a provider of financial products or services, and does not offer any banking, money transmission, payment, or other financial products or services. If you have any questions relating to the Microsoft account associated with your use of Microsoft Payment Services, you may contact us in accordance with the Microsoft Services Agreement. If you have any questions relating to a specific Payment or Participating Vendor, including any refund or dispute resolution policies, you must refer to the terms of use, support options, or other support materials provided by the Participating Vendor with whom you transacted.
3. Your Relationship with the Participating Vendor. Microsoft is not a party to the Payment between you and the Participating Vendor, and the Participating Vendor may impose additional eligibility and use requirements with respect to your ability to make Payments via the Microsoft Payment Services. Payments and other transactions with the Participating Vendor are subject to the Participating Vendor’s terms and conditions, including its pricing and fees, shipping, cancellation, return, refund, and privacy policies. Participating Vendors may impose additional terms or restrictions with respect to the Payments they will accept via the Microsoft Payment Services, such as limitations on the jurisdictions from which they will accept Payments or the Payment Methods they will accept. You acknowledge that Microsoft is not responsible or liable for any dispute between you and a Participating Vendor regarding your Payment, including any disputes concerning the delivery, quality, or accuracy of purchased goods or services. Payments will appear on the statement of your selected Payment Method in the name of the Participating Vendor or its permissible designee, such as its payment processor. If you have any questions or disputes about Payments, including any charges for the purchase of goods or services made using Microsoft Payment Services, you must contact the Participating Vendor directly or call the Payment Method provider that issued your Payment Method to inquire about the charge.
4. Additional Terms for Certain Types of Payments, Services, or Participating Vendors. Certain Payment types, Payments made in connection with certain programs or services, and Payments between you and certain types of Participating Vendors, are subject to the following additional terms:
a. Recurring Payments.. When you make a Payment that involves the purchase of a subscription-based product or service or that otherwise involves recurring Payments (e.g., monthly, every 3 months, annually, etc.) (each, a “Recurring Payment”), you agree that you are authorizing the Recurring Payments, and the Recurring Payments will be made to the Participating Vendor by the Payment Method and at the recurring intervals you have agreed to, until the relevant subscription or other Recurring Payment expires or is validly terminated by you or by the Participating Vendor. You must cancel the Recurring Payment within the time-period specified by the Participating Vendor to stop being charged for a Recurring Payment. Microsoft or the Participating Vendor will provide you with instructions on how you may cancel a Recurring Payment and any associated subscription products or services, as applicable. By authorizing Recurring Payments, you are authorizing Microsoft to store your Payment Method and authorizing Microsoft, the Participating Vendor, or their respective service providers to process such payments as either electronic debits or fund transfers, or as electronic drafts from your designated account (for Automated Clearing House or similar payments), or as charges to your designated account (for Payment Card, Virtual Card Number, or similar payments). Recurring Payments associated with subscriptions are generally charged in advance of the applicable subscription period, any subscription services offered by a Participating Vendor will be subject to the terms and conditions of such Participating Vendor.
b. Donor Services. In some cases, Microsoft may enable you to use the Microsoft Payment Services to make certain donations (“Donor Services”). Donor Services are supported by and provided in connection with Benevity, Inc. (“Benevity”), and any Payment you make via the Donor Services will be subject to the requirements and limitations imposed by Benevity. The Donor Services may permit you to select from several charitable or nonprofit causes (each, a “Cause”); however, all Payments made via the Donor Services are made to a donor-advised fund in the appropriate jurisdiction (each a “Foundation”) with a recommendation that the Foundation make a corresponding grant to your selected Cause. Although Microsoft may decide not to support Payments to certain Causes, Microsoft does not control the list of Causes, nor does Microsoft endorse any Cause available via the Donor Services. If you elect to use the Donor Services to make a Payment, you acknowledge and agree that both Benevity and the Foundation are Participating Vendors under this Agreement, and you further agree to be bound by Benevity’s Terms of Use for all matters related to your donation and relationship with Benevity and the Foundation. If you have any questions or disputes about Payments involving the Donor Services, including charges for Payments made using Payment Methods you have saved in your Microsoft account, you must contact Benevity directly at support@benevity.org or call the financial institution that issued your Payment Method to inquire about the charge. The foregoing Donor Services provisions do not apply to Give with Bing, which is a part of the Microsoft Rewards program; however, you may also be required to enroll in the Microsoft Rewards program in certain circumstances or to use certain aspects of the Donor Services.
c. Buy Direct. In some cases, Microsoft may enable you to purchase goods directly from a Participating Vendor through certain Microsoft digital surfaces, including Microsoft’s Buy Direct service (https://www.msn.com/en-us/shopping/buydirect/) (“Buy Direct”), using the Microsoft Payment Services. You agree to only purchase goods through Buy Direct for your own consumption or use (“Permissible Purchases”), and not for the purpose of wholesale or reselling of such goods. You agree that you will not request, and that Microsoft and its Participating Vendors are under no obligation to provide, any rebate or refund of any tax collected or due in connection with your purchases through the Buy Direct program on the basis you intend to resell the items. In the event you use the Buy Direct service for any purpose or reason other than Permissible Purchases, or if Microsoft determines in its sole discretion that you are engaged in fraudulent activity or otherwise abusing your right to participate in the Buy Direct service, you understand and agree that (i) Microsoft may withhold from you any cashback, rebate, or other promotional offer made in connection with the purchase, and (ii) Microsoft and/or the Participating Vendor may refuse to refund your purchase notwithstanding any refund or return policies, in addition to any other rights or remedies that Microsoft or the Participating Vendor may have under this Agreement or otherwise.
d. Virtual Card Numbers. When you attempt to add a Payment Card to your Microsoft account or to the Microsoft Edge browser, you authorize Microsoft to determine whether the issuer of that Payment Card supports the issuance of a Virtual Card Number in connection with your Payment Method. If so, you authorize Microsoft to store a Virtual Card Number representing your Payment Card’s actual number for use as described in these Terms. You also authorize Microsoft to save or otherwise retain the original Payment Card information. Virtual Card Numbers are distinct from the associated Payment Card. You understand and agree that Microsoft may receive transaction and purchase history information from your Payment Method issuer or the applicable payment network to display transaction details and your recent transaction history to you in connection with your Virtual Card Number.
e. AutoFill. Microsoft may provide you with a feature, which you can choose to enable, to automatically fill out payment or other information on a third-party website when you enter into a transaction with that third party (“AutoFill”). When you use the AutoFill feature, irrespective of whether the third party is a Participating Vendor, Microsoft will complete your request to automatically fill certain selected information in the order form on the third-party’s website on your behalf. When you provide your Payment Method and agree to use your Payment Method for AutoFill, you agree that Microsoft may store your Payment Method for AutoFill and may provision the Payment Method information as described in these Terms. Microsoft is not involved in or a party to any transaction that you complete using AutoFill, and you understand that such transaction is solely between you and the third party, and not with Microsoft. Microsoft has no liability to you or to the third party for any reason in connection with your use of AutoFill, including incomplete or inaccurate data, errors in order processing, payment errors, security breaches, or any other cause of delay or order failure. You must contact the third party or your Payment Method issuer directly regarding any issues with a transaction in which you used AutoFill.
5. Suspension and Cancellation. Microsoft reserves the right to suspend or discontinue offering or supporting all or part of the Microsoft Payment Services at any time and for any reason. Microsoft may remove Participating Vendors from the Microsoft Payment Services at any time and for any reason. Subject to applicable law, Microsoft may limit, suspend, or terminate your use of Microsoft Payment Services at any time without notice and for any reason, including if you breach these Terms, if Microsoft suspects you are engaged in fraudulent activity, or if your Microsoft account is suspended or closed by Microsoft or by you. You agree that Microsoft is not liable to you or any third party for any suspension, discontinuance, or termination of your use of Microsoft Payment Services.
6. Updates. Microsoft may update these Terms at any time by posting updated Terms to the Payment Services Terms page with an effective date upon which the updated Terms shall take effect. All updates to these Terms will be posted at least 15 days prior to taking effect, unless Microsoft reasonably determines that such updates must take effect sooner (i) for legal or regulatory purposes, abuse or fraud prevention, or for security reasons, (ii) to add additional features or services (which it does not materially adversely affect your use of the Microsoft Payment Services), or (iii) to restrict products or activities that Microsoft deems unsafe, inappropriate, or offensive. You understand and agree that, upon any update to these Terms taking effect, your ongoing and future use of the Microsoft Payment Services (including any existing Recurring Payments and any future Payments) will be governed by these Terms as updated.
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