Terms of Service

TERMS OF USE

Please read these Terms of Use (Terms) carefully. By creating, activating or using any eligible American Express Cards (“Card”) in the Apple Pay application (“Apple Pay”) offered by Apple:

• You agree to these Terms;
• You consent to the collection and use of your personal information by American Express Australia (we, us and our) such as your name and Card information, and to the sharing of certain personal information with Apple to verify your identity, to enable you to use your Card in Apple Pay, to manage fraud and security risk, and to facilitate your participation in the Apple Payment Service (defined below), such as to display transactions. To learn more, see Privacy and Security;
• You consent to receive electronic communications and messages from us such as e-mails, messages through your Supported iOS Device (for example, text messages and push notifications), transaction information and messages within Apple Pay. To learn more, see Privacy and Security;
• You agree to take reasonable measures to protect access to your device and payment information stored on the device. For more information, please see Privacy and Security; and
• You agree that Apple, your wireless carrier and other third party services or websites related to the Apple Payment Service may have their own terms and conditions and privacy policies (“Third Party Agreements”) and you are also subject to those Third Party Agreements when you give them your personal information, use their services or visit their respective websites. To learn more, see Third Party Agreements and Support.

We use your information in accordance with our Privacy Policy and Online Privacy Statement, as they may be amended from time to time (“Privacy Policies”). These Privacy Policies provide information such as:

• What information we collect and how we collect it (for example, information to identify you and background information you provide us);
• The purposes for which we collect, use and disclose your information ; and
• Additional examples to help you better understand how we collect, use, disclose and safeguard your personal information.

If you do not agree to these Terms, if you do not consent to the use and sharing of your personal information, or if you do not consent to receive electronic messages from us, you must not create, activate or use your Card in Apple Pay. If you do not wish to see transaction information or messages from us within Apple Pay, you can turn these off within Apple Pay by clicking on the ‘information’ symbol or the ‘i’ at the bottom of the Card image and turning off the notifications. If you do not wish to receive push notifications, you can turn off these notifications through the device Settings on your Supported iOS Device. To learn more, see Privacy and Security.

The following Terms govern the use of your Card in Apple Pay or related Apple features or services (collectively, the “Apple Payment Service”) available on payment-supported iOS devices offered by Apple from time to time (“Supported iOS Devices”). They apply to you and any use of your Card in Apple Pay. In addition to these Terms, your use of the Apple Payment Service to purchase goods and services using your Card is still governed by the applicable Card Member Agreement for your Card used in Apple Pay. You can call the American Express number on the back of your Card to request a copy of the applicable Card Member Agreement. Please refer to your Card Member Agreement for any terms that are not defined in these Terms.

CONTENTS

• ELIGIBILITY
• USE OF YOUR CARD(S) IN APPLE PAY
• LANGUAGE
• THIRD PARTY AGREEMENTS AND SUPPORT
• CHARGES
• PRIVACY AND SECURITY
• SUSPENSION; CANCELLATION
• DISCLAIMER OF WARRANTIES & LIMITATION OF LIABILITY
• LICENSE FOR THE USE OF YOUR CARD IN APPLE PAY
• MISCELLANEOUS

1. ELIGIBILITY

You must have the authority and capacity to accept these Terms as a Card Member (including any basic or supplementary Card Member).

Subject to the limitations in Section 7 below, you may use any American Express Credit or Charge Card that is not cancelled or suspended and that is issued to you by American Express Australia. Prepaid Cards and products (such as the American Express Gift Card) as well as Corporate Purchasing Cards and Corporate Meeting Cards are not eligible for the Apple Payment Service. These terms do not apply to American Express-branded Card or account number issued by other financial institutions. We may permit you to add the same Card to up to ten (10) Supported iOS Devices, but this can be limited if that Card is associated with more than five (5) Apple IDs.

If you add a Card to one of your Supported iOS Devices and have other Supported iOS Devices sharing the same iCloud account (“Other Supported iOS Device”), your Card will not be added to any of your Other Supported iOS Device unless you verify that Card with us on that device. If you remove your Card from one of your Other Supported iOS Device, it will not impact your Card on the remaining Other Supported iOS Device. You must agree to these Terms each time you add your Card to a Supported iOS Device or Other Supported iOS Device.

We may permit additional Cards from more than one Card Member to be added to one Supported iOS Device. Please see “Privacy and Security” below.

[Back to Contents]

2. USE OF YOUR CARD IN APPLE PAY

Apple Pay enables you to create virtual representations of your Card on your Supported iOS Device that you can use to make (i) contactless payments at merchants’ contactless-enabled point-of-sale terminals or readers that accept contactless payments using Apple Pay (instead of presenting your physical Card) and (ii) in-app or other digital commerce payments at merchants participating in the Apple Payment Service. You agree to use your Card only with a Supported iOS Device properly equipped with Apple Pay and to comply with all terms and conditions applicable to the Apple Payment Service.

When you select your Card to use with Apple Pay, certain account information for your Card will be transmitted to and stored within your Supported iOS Device to facilitate your participation in the Apple Payment Service. By selecting a Card and placing your Supported iOS Device near a merchant's contactless-enabled point-of-sale terminal or reader or using that Card for an in-app purchase, you are authorizing the payment for the merchant's products or services with that Card through the Apple Payment Service. To complete transactions above a certain dollar amount, merchants may require presentation of your physical Card or other form of identification to authenticate your identity. Once created in Apple Pay, your Card may work even if you do not have wireless service.

For each Card added to Apple Pay, you may also view a certain number of previous transactions made on your Card, whether or not made using the Supported iOS Device, but not the transactions made by another Card Member on your Card account. This transaction information may include the date, purchase amount and merchant name. Please note that some of the listed transactions may be pending charges, which are temporary and are subject to change (for instance, pre-authorizations at restaurants and hotels). Apple Pay may provide you with the option and ability to turn off this transaction reporting for your Card. For more information about your account, please log into your American Express Online Services, access the American Express^® App or call the number on the back of your Card.

Purchases or other transactions you make with your Card in Apple Pay (or any problem arising with the product or service purchased through use of the Card in Apple Pay) are governed by the Card Member Agreement for the Card used.

[Back to Contents]

3. LANGUAGE

These Terms and our communications, such as electronic messages, e-mails, notices and other documents from us will be presented to you in the language you have indicated to us.

Communications within Apple Pay and any push notifications within your Supported iOS Device, will be presented to you in the language you have selected in the user preferences of your Supported iOS Device and may be different from the language preference you have indicated to American Express. If you would like the communications within Apple Pay to be presented in a different language you will need to change the user preferences of your Supported iOS Device.

[Back to Contents]

4. THIRD PARTY AGREEMENTS AND SUPPORT

These Terms only address the terms and conditions that apply to your use of your Card in Apple Pay. Apple, your wireless carrier, and other third party websites or services related to the Apple Payment Service have their own Third Party Agreements and you are subject to those Third Party Agreements when you give them your personal information, use their services or visit their respective sites. We are not responsible for the security, accuracy, legality, appropriateness or any other aspect of the content or function of Apple’s or any third party’s products or services. It is your responsibility to read and understand the Third Party Agreements before creating, activating or using your Card in Apple Pay.

We are not responsible for, and do not provide, any support or assistance for any third party hardware, software or other products or services (including any Apple Payment Service or your Supported iOS Device). Please contact Apple to learn about any additional limitations or restrictions related to Apple Pay, for minimum software and hardware requirements and to learn more about the Supported iOS Devices that are eligible for use with the Apple Payment Service.

If you have any questions or issues with a third party product or service, including issues related to the operation of your Supported iOS Device, please contact the appropriate third party in accordance with that third party's procedures for customer support and assistance. If you have any questions or issues pertaining to Apple Pay (other than questions or issues specific to the use of your Card), please contact Apple.

[Back to Contents]

5. CHARGES

We do not currently charge a fee for creating and using your Card in Apple Pay. However, third parties or Third Party Agreements may contemplate fees, limitations and restrictions which might affect the use of your Card (such as data usage or text messaging charges imposed on you by your wireless carrier). You agree to be solely responsible for all such fees and agree to comply with any associated limitations and restrictions.

[Back to Contents]

6. PRIVACY AND SECURITY

Privacy

When creating your Card in Apple Pay, we collect from Apple and share with Apple certain information (such as your name and Card information) to verify your identity, to enable you to use your Card in Apple Pay, to manage fraud and security risk, and to facilitate your participation in the Apple Payment Service (for example, to display transactions). By creating, activating or using your Card in Apple Pay, you consent to the collection, use and sharing of your information for these purposes and in accordance with our Privacy Policy and Online Privacy Statement, which may be updated from time to time.

To facilitate your participation we will also make certain account information relating to your Card available for display, including your most recent transaction data, if your Card has been cancelled or suspended, but we will not display your full Card account number. You may decline to have the transaction data made available for display and still use Apple Pay, but you must turn off this feature manually within Apple Pay by clicking on the ‘information’ symbol or the ‘i’ at the bottom of the Card image and turning off the notifications.

You agree that we may also periodically collect and use technical data and related information such as technical information about your Supported iOS Device (for example, the version of your Supported iOS Device) or IP address to manage fraud and security risks.

By creating, activating or using your Card in Apple Pay, you consent to receive certain messages from American Express about the use of your Card in the Apple Payment Service such as enrollment and transaction information:

• on your Supported iOS Device (i.e., SMS, MMS),
• notices and other communications by mail, or e-mail to the e-mail address we have on file for your Card account,
• through the messaging capabilities within Apple Pay, or
• push notifications within your Supported iOS Device.

If you do not wish to see transaction information or messages from American Express within Apple Pay, you can turn these off within Apple Pay by clicking on the ‘information’ symbol or the ‘i’ at the bottom of the Card image and turning off the notifications.

If you do not wish to receive push notifications, you can turn off these notifications through the device Settings on your Supported iOS Device.

To update the contact information we have on file for you, please go to your American Express Online Services or call the number on the back of your Card.

Any information you provide to Apple through Apple Pay that is collected or accessed by Apple from your use of your Card in Apple Pay or from any other third party related to Apple Pay (such as transactional data), is subject to Third Party Agreements, is not governed by our Privacy Policies or these Terms and is not our responsibility.

Security

Call us immediately at the number on the back of your Card if you believe your Supported iOS Device or your access credentials have been lost, compromised or stolen or someone has used or may use your Supported iOS Device or your access credentials without your authorization. You should also change your access credentials immediately to avoid any unauthorized use of your Card or your personal information. If you get a new Supported iOS Device, please be sure to delete all your Cards and other personal information from your prior Supported iOS Device.

Apple Pay and your Supported iOS Device may contemplate certain security features and procedures to protect against unauthorized use of any of your Card in Apple Pay, such as Touch ID and Face ID which are forms of biometric authentication. These features and procedures are the sole responsibility of Apple. You agree not to disable any of these security features and to use these security features and procedures to safeguard your Card. Any person who has a fingerprint or facial recognition registered to your Supported iOS Device will be able to access your Card in Apple Pay and you may wish to review who has access to your Supported iOS Device. We do not have access to your fingerprint or facial recognition data.

You are responsible for maintaining the confidentiality of your American Express user ID, Apple User ID, Apple passwords and any other methods you may have to access your Card in Apple Pay. If you share these access credentials with any other person, they may be able to use your Card in Apple Pay and get access to your personal and payment information available through the Apple Payment Service. You should keep your Supported iOS Device and these access credentials secure in the same manner as you would keep your cash, cheques, Credit Cards, and other personal identification numbers and passwords. Do not give anyone else your passcode or let them add their fingerprint or facial recognition to your device while your Card is registered with it, as this will allow them to authorize transactions on your Card with Apple Pay. Pursuant to your Card Member Agreement you are responsible for all transactions made using your Card in Apple Pay. In the unfortunate event of a fraudulent transaction on your Card account, please refer to our Fraud Protection Guarantee.

While we may permit additional Cards from more than one Card Member to be added to one Supported iOS Device, we caution you against sharing your access credentials with any other person.

[Back to Contents]

7. SUSPENSION; CANCELLATION

We reserve the right for any reason to discontinue offering or supporting any Card in Apple Pay or to not participate in the Apple Payment Service. Except as otherwise required by applicable law, we may block, restrict, suspend or terminate the use of your Card in Apple Pay at any time without notice and for any reason, including if you violate these Terms or your Card Member Agreement, if we suspect fraudulent activity or as a result of the cancellation or suspension of your Card account. You agree that we will not be liable to you or any third party for any block, restriction, suspension, cancellation or termination of the use of your Card in Apple Pay.

American Express may disqualify a Card or discontinue providing any services to any individual suspected of violating these Terms or the Third Party Agreements related to the Apple Payment Service in its sole and absolute discretion. You agree to not deliberately interfere, interrupt, modify, audit, assess, re-engineer, undermine the legitimate operation of or damage any aspect of your Card in Apple Pay or the Apple Payment Service. You may remove one or more of your Cards from Apple Pay at any time by pressing the “Delete” button in Apple Pay or by calling the number on the back of your Card.

[Back to Contents]

8. DISCLAIMER OF WARRANTIES & LIMITATION OF LIABILITY

You acknowledge and agree that the use of any Card in Apple Pay is at your sole risk. The Card in Apple Pay is provided to you “as is” and “as available”, with all defects that may exist from time to time and without any warranty of any kind. American Express disclaims all warranties and conditions, either express, implied or statutory, in connection with the use of your Card in Apple Pay. American Express does not guarantee the information shown in the Apple Payment Service.

Access, use and maintenance of a Card in Apple Pay depend on the Apple Payment Service and the networks of wireless carriers, which American Express does not operate nor control. We are not responsible for any circumstances that interrupt, prevent or affect the functioning of your Card in Apple Pay. We are not responsible for the Apple Payment Service, your Supported iOS Device or the software and hardware it contains, or any wireless service used to access, use or maintain your Card in Apple Pay. We are not responsible and do not guarantee the privacy or security of the electronic transmission of personal information through third party connections and networks. Check with Apple and your wireless carrier for information about their privacy and security practices.

We are not responsible to you for any costs, damages or expenses arising from these Terms. This Section 8 shall survive any termination of these Terms.

[Back to Contents]

9. LICENSE FOR THE USE OF YOUR CARD IN APPLE PAY

You are granted a non-exclusive, non-sublicensable, non-transferable, personal, limited license to install and use your Card on your Supported iOS Device solely in accordance with these Terms. This license is made available as permitted by any applicable Third Party Agreements. Such license does not allow you to use your Card on any device that you do not own or control (or for which you do not have authorization to install or run Apple Pay or your Card, such as where prohibited by applicable security policies in the case of corporate users), and you may not distribute or make your Card available over a network where it could be used by multiple devices at the same time.

Certain software that American Express uses to provide your Card has been licensed from third parties (each a "Third Party Licensor") that are not affiliated with American Express. This limited right to use such software is revocable at the discretion of American Express. American Express and its Third Party Licensor's retain all right, title and interest in and to the software used by American Express to provide use of your Card in Apple Pay and any modifications and updates thereto. You agree that you will not use any third-party materials associated with your Card in Apple Pay or the Apple Payment Service in a manner that would infringe or violate the rights of any party, and that we are not in any way responsible for any such use by you. All third party intellectual property marks, including the logos of merchants, are the property of their respective owners.

You may not rent, lease, lend, sell, redistribute or sub-license your Card in Apple Pay or the Apple Payment Service. You may not copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of your Card in Apple Pay or the Apple Payment Service, any updates, or any part thereof (except as and only to the extent any such restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing the use of any open sourced components included with your Card in Apple Pay or the Apple Payment Service). Any attempt to do so is a violation of the rights of American Express and its Third Party Licensor's. The terms of the license will govern any upgrades provided by American Express that replace or supplement your Card in Apple Pay, unless such upgrade is accompanied by a separate agreement in which case the terms of that agreement will govern.

You agree that your Card in Apple Pay may be automatically updated or upgraded without notice to you. At any time, at our sole discretion and without prior notice, we may expand, reduce or suspend the type and/or dollar amounts of transactions allowed using your Card in Apple Pay or change the enrolment process.

The license granted hereunder is effective until terminated by you or American Express. Your rights will terminate automatically without notice from American Express if you fail to comply with these Terms or if we terminate your use of your Card in Apple Pay. Upon termination of the license, you must cease all use of your Card in Apple Pay and delete your Card from Apple Pay.

[Back to Contents]

10. MISCELLANEOUS

We may change any provision of these Terms at any time. We will indicate that changes to these Terms have been made by updating the date indicated after "Last Modified:" at the beginning of these Terms. You will also be able to view the revised Terms on your Supported iOS Device by clicking on the ‘information’ symbol or the ‘i’ at the bottom of the Card image in Apple Pay. Continued use of your Card in Apple Pay will be considered your acceptance of all changes to the Terms. If a dispute relates or arises from the subject matter of these Terms and relates to your Card in Apple Pay, please refer to your Card Member Agreement for applicable terms.

[Back to Contents]

Apple Pay, Apple, iPhone, iMac, MacBook, iPad, Face ID and Apple Watch are trademarks of Apple Inc., registered in the US and other countries.