Co-Browse Terms and Conditions

Through the Service, American Express and its Customer Care Professionals/vendors (“CCPs") are able to access and view your active web session along with you, to a limited extent in order to provide you with live assistance to address your customer service enquiry. You acknowledge that the Service is provided to you by American Express, its affiliated companies, its vendors, or a combination of these entities.

CCPs will have limited access through the Service to view and access your web session at americanexpress.com.

You may end your current use of the Service at any time by clicking the "DISCONNECT button or closing your browser window. Your current co-browse session will automatically be terminated at the end of your call with a CCP if neither you nor the CCP ended the session prior to ending your call.

You represent, warrant and covenant that you:

• are at least 18 years old and have every right to contract in your own name, and
• have the power, authority and capacity to agree to these Terms and Conditions.
  

You agree any action taken by you on the Service shall be deemed an action taken on your own behalf and/or, to the extent you are accessing or using the Service for your business, you represent, warrant and covenant that you have the power, authority and capacity to act on behalf of your business and that your actions are and shall be deemed to be authorized actions on behalf of your business.

You agree to only use the Service with the interfaces and servers provided on or through the Service. You agree to only use the Service in accordance with these Terms and Conditions and in compliance with all applicable laws and regulations including those relating to privacy (specifically the Privacy Act Cth 1988 and any reenactments thereto).

You agree not to use the Service to the extent doing so would result in your breach of an obligation to a third party (e.g. your employer prohibits use of such a service on its equipment or through its network). You agree that any information you provide to American Express during or through your use of the Service will be true, accurate, current and complete at the time you provide it, and that you will update such information to keep it true, accurate, current and complete. American Express is under no obligation to validate any American Express or third-party card or other information that you provide while using the Service.

In addition to these Terms and Conditions, your use of the Service, and any information collected from or about you during or through your use of the Service, is subject to the current American Express Online Privacy Statement and you also agree to be bound by the current American Express Terms of Service (a/k/a Website Rules and Regulations), both of which can be found at https://www.americanexpress.com/australia/.

In the event of a conflict among or between these Terms and Conditions, the American Express Terms of Service and the American Express Online Privacy Statement, the order of precedence for resolving such conflict shall be: first, these Terms and Conditions, then the American Express Online Privacy Statement, then the American Express Terms of Service.

You (and not American Express) are responsible for all your and any third-party software, hardware and services used in connection with the Service. Any third-party software, hardware or services (whether required or optional) that you use in conjunction with the Service, are the sole responsibility of you and/or such third party, and your use of such third-party software, hardware or services is subject to the terms, conditions, warranties and disclaimers provided by such third party, and not these Terms and Conditions.

You agree that the form, nature, features and functionality of the Service may change from time to time, on both a continuous and intermittent basis, without prior notice to you. We may suspend or discontinue the Service at any time in our sole discretion. If we have reason to believe you have violated these Terms and Conditions or any applicable law or regulation, we may refuse you access, or suspend or terminate your access, to the Service or any of its resources without notice and/or take other remedial actions.

To the extent your use of the Service requires a username, password or other account information or credentials for access, you are solely responsible for all activity occurring under those credentials, and are prohibited from sharing or disclosing them. Therefore, you are solely responsible for safeguarding your access credentials at all times. You should log out of your account at the end of each usage session. You may not impersonate others and you must not allow others to impersonate you or others, or otherwise use your credentials to gain access to the Service and/or your account. You must promptly notify us of any unauthorized use of the Service with your information or credentials or any other breach of security you become aware of involving or relating to this Service.

We have the right to interrupt or restrict use or access to the Service, without notice to you, if we suspect fraudulent or abusive activity. You shall cooperate with us in any fraud investigation and to use any fraud prevention measures we prescribe. Failure to cooperate will result in your liability for all fraudulent usage.

Except as otherwise expressly set forth herein, the Services are provided on an as-is and as-available basis without warranty of any kind, whether oral or written, express or implied excluding those implied at law.

Notwithstanding any other provision hereof, in no event shall we (or our affiliates, representatives or personnel) be liable for any indirect, incidental, special, punitive, exemplary or consequential damages or of any kind, nor for any lost profits or revenues, including damages for loss of goodwill, business interruption, data loss, fraud losses, losses of anticipated savings, losses of business opportunities, or losses arising from our provision or your use of the Services, or arising in connection with or arising out of these Terms and Conditions or arising from delays, actions or problems caused by any third party or any loss or interruption of the Service.

In no event shall the total, aggregate liability of American Express and its subsidiaries, affiliates, agents, employees and vendors under or in relation to these Terms and Conditions to you exceed one hundred Australian dollars (AUD$100.00).

Procedures: You and American Express agree that any and all disputes, claims or controversies arising out of or related to your use of the Service, these Terms and Conditions, any other related or prior agreement that you may have had with American Express or the relationships resulting from your use of the Service, these Terms and Conditions or any prior agreement, including without limitation the validity, enforceability or scope of this Arbitration section, these Terms and Conditions or any prior agreement and any claims, whether based in contract, tort (including negligence, strict liability and fraud) or under any statute or regulation or other body of law ("Disputes"), shall be submitted first to non-binding mediation. If the Disputes are not resolved through mediation, the Disputes then shall be submitted and finally resolved by arbitration under the Rules of the Institute of Arbitrators & Mediators Australia Rules for the Conduct of Commercial Arbitrations (“Rules”), which rules are deemed to be incorporated by reference into this section. It is agreed that: (i) the tribunal shall consist of one arbitrator; (ii) the place of the arbitration shall be Sydney, Australia; and (iii) the language of the arbitration shall be in English. The arbitrator will have the power and authority to grant equitable relief (e.g., injunction, specific performance) and, cumulative with all other remedies, will grant specific performance whenever possible. The arbitrator will have no power or authority to alter these Terms and Conditions or any of its separate provisions, including this section, nor to determine any matter or make any award except as provided in this section.

Restrictions on Arbitration: The arbitrator’s authority is subject to the Limitations of Liability set forth in these Terms and Conditions. Should any portion of this paragraph B of this Alternative Dispute Resolution section be stricken from these Terms and Conditions or deemed otherwise unenforceable, then this entire Alternative Dispute Resolution section shall be stricken from these Terms and Conditions. This Alternative Dispute Resolution section shall survive termination of the Service or your use of the Service.

Enforcement: The provisions of this Alternative Dispute Resolution section may be enforced in a court of competent jurisdiction and the party seeking enforcement shall be entitled to an award of all costs, fees and expenses incurred in obtaining the enforcement of this provision, to be paid by the party against whom enforcement is ordered.

Small Claims: We will not elect to use arbitration under this section for any individual claim that you properly file in accordance with the special procedure for handling smaller claims in a local or county court, so long as the claim is pending only in that court. Injunctive relief sought to enforce the confidentiality provisions of these Terms and Conditions will not be subject to the requirements of this section.

Costs of Arbitration Proceedings: The parties will be responsible for paying their respective shares of the arbitration fees (including filing, administrative, hearing and/or other fees) as provided by the Rules.

American Express reserves the right to revise these Terms and Conditions at any time. Upon modification, American Express will update the date indicated after "Last Modified" at the beginning of these Terms and Conditions. You should carefully review these Terms and Conditions each time you use the Service.

If you do not agree with the current or modified terms, however, you must immediately cease using the Service. Your use of the Service after changes have been made to these Terms and Conditions constitutes your agreement to be bound by these Terms and Conditions as modified.

Your use of the Service is subject to all applicable laws and regulations. These Terms and Conditions and your use of the Service shall be governed by and construed in accordance with the laws of the State of New South Wales, Australia. The Parties accept the non exclusive jurisdiction of the courts of New South Wales in connection with any action to enforce these Terms and Conditions or otherwise relating to these Terms and Conditions or the Service.

American Express reserves the right to seek all remedies available at law and in equity for violations of these Terms and Conditions. If for any reason a court of competent jurisdiction finds any provision or portion of these Terms and Conditions to be unenforceable, such provision or portion shall be deemed superseded by a valid enforceable provision that most closely matches the intent of the original provision or portion, and the remainder of these Terms and Conditions will continue in full force and effect.

Section headings are for reference only and shall not be used in the interpretation of these Terms and Conditions.

These Terms and Conditions constitute the entire agreement between you and American Express with respect to the subject matter hereof and supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter.

Any waiver of any provision of these Terms and Conditions will be effective only if in writing and signed by American Express. Sections 8, 9 and 10 will survive any termination or expiration of these Terms and Conditions.

Except as expressly specified, the parties do not intend, nor shall any section be interpreted to create any third party beneficiaries.

American Express shall not be liable for any default or delay in the performance of its obligations under these Terms and Conditions or in providing the Service where such default or delay is caused by a force majeure event.

You shall indemnify and hold harmless American Express from any losses arising out of any claim relating to your breach of any representation, warranty or other obligation in this agreement.

You shall not assign any of your rights or obligations in these Terms and Conditions, without our prior written approval.

American Express may engage one or more subcontractors to assist in fulfilling its obligations under these Terms and Conditions or in relation to the provision of the Service. American Express shall remain solely liable and be solely responsible for all actions and inactions of subcontractors as if such actions or inactions were its own.

Nothing contained in these Terms and Conditions shall be deemed to create an association, partnership, joint venture or relationship of principal and agent between you and American Express, or to provide you with the right, power or authority, whether expressed or implied, to create any duty or obligation on behalf of American Express.