Last Modified: March 2018
Please read these Terms & Conditions (“Terms”) carefully. By creating, activating or using any eligible American Express® Cards (“Card”) in Google Pay offered by Google:
- you agree to these Terms;
- you consent to the collection and use of your personal information by Amex Bank of Canada (we, us and our) such as your name and card information, and to the sharing of certain personal information with Google to verify your identity, to enable you to use your Card in Google Pay, to manage fraud and security risk, and to facilitate your participation in Google Pay, 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 Device (for example push notifications) and transaction information . 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 & Security; and
- you agree that Google, your wireless carrier and other third party services or websites related to Google Pay 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 Code 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 add, activate or use your Card in Google Pay. If you do not wish to receive push notifications, you can turn off these notifications through the device Settings on your Device. To learn more, see Privacy and Security.
As used in these Terms, “Google Pay” is the Google service that allows you to add a digital version of an eligible American Express Card (including physical card art) to the Google Pay application on your eligible compatible payment-enabled Android device (“Device”). Google refers to this service as “Google Pay with Virtual Account Numbers and Linked Third-Party Accounts” and previously referred to it as Android Pay. The following Terms govern the use of your Card with Google Pay on Devices. They apply to you and any use of your Card in Google Pay. In addition to these Terms, your use of Google Pay to purchase goods and services using your Card is still governed by the applicable Cardmember Agreement for your Card used in Google Pay. You can call the American Express number on the back of your Card to request a copy of the applicable Cardmember Agreement. Please refer to your Cardmember Agreement for any terms that are not defined in these Terms.
1. PRIVACY AND SECURITY
When adding your Card in Google Pay, we collect from Google and share with Google certain information (such as your name and card information) to verify your identity, to enable you to use your Card in Google Pay, to manage fraud and security risk, and to facilitate your participation in Google Pay. By activating or using your Card in Google Pay, you consent to the collection, use and sharing of your information for these purposes and in accordance with our Privacy Code and Online Privacy Statement, which may be updated from time to time.
To facilitate your participation we will also make certain account information related to your Card available for display including; your most recent transaction data (both on and off your Device) or if your Card has been cancelled or suspended. However, we will not display your full Card account number.
You agree that we may also periodically collect and use technical data and related information such as technical information about your Device (for example, the version of your Device) or IP address to manage fraud and security risks.
By adding, activating or using your Card in Google Pay, you consent to receive certain messages from American Express about the use of your Card in Google Pay such as activation information:
- on your Device (i.e., SMS),
- notices and other communications by mail, or e-mail to the e-mail address we have on file for your Card account,
- push notifications within your Device.
If you do not wish to receive push notifications, you can turn off these notifications through the device Settings on your Device.
To update the contact information we have on file for you, please go to your American Express online account or call the number on the back of your Card.
Any information you provide to Google through Google Pay that is collected or accessed by Google from your use of your Card in Google Pay or from any other third party related to Google 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.
Call us immediately at the number on the back of your Card if you believe your Device or your access credentials have been lost, compromised or stolen or someone has used or may use your 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. You can also go to Android Device Manager to help you find, lock and erase your Device. Please note if you choose to erase your device, this may affect other digital wallets on your device. If you get a new Device, please be sure to delete all your Cards and other personal information from your prior Device.
Google Pay and your Device may contemplate certain security features and procedures to protect against unauthorized use of any of your Cards in Google Pay, such as fingerprint verification or a device lock. These features and procedures are the sole responsibility of Android. You agree not to disable any of these security features and to use these security features and procedures to safeguard your Card. If your fingerprint, password, pattern or PIN are removed or changed to an unsupported method, all activated Cards in Google Pay will be deactivated.
Any person who has a fingerprint registered to your Device (if applicable) will be able to access your Card in Google Pay and you may wish to review who has access to your Device. We do not have access to your fingerprint data.
You are responsible for maintaining the confidentiality of your American Express user ID, Google Payments User ID, device locks and any other methods you may have to access your Card in Google Pay. If you share these access credentials with any other person, they may be able to use your Card in Google Pay and get access to your personal and payment information available through Google Pay. You should keep your 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 password, pattern or PIN or let them add their fingerprint to your Device while your Card is registered with it, as this will allow them to authorize transactions on your Card with Google Pay. Pursuant to your Cardmember Agreement you are responsible for all transactions made using your Card in Google Pay. In the unfortunate event of a fraudulent transaction on your Card account, please refer to our Fraud Protection Guarantee.
You must have the authority and capacity to accept these Terms as a Cardmember (including any Basic or Supplementary Cardmember).
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 Amex Bank of Canada. 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 Google Pay. 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 (3) Devices, but this can be limited if that Card is associated with more than two (2) unique Google Payment accounts.
If you add a Card to one of your Devices and have other eligible payment-enabled Android devices sharing the same Google Payment account (“Other Enabled Android Device”), your Card will not automatically be added to any of your Other Enabled Android Devices unless you verify that Card with us on that Other Enabled Android Device. If you remove your Card from a Device, it will not impact your Card on the Other Enabled Android Devices.
You must agree to these Terms each time you add your Card to a Device.
We may permit additional Cards from more than one Cardmember to be added to one Device. Please see “Privacy and Security” above.
3. USE OF YOUR CARD IN GOOGLE PAY
Google Pay enables you to create a digital version of your Card, which will permit you (i) to use your Device, instead of presenting your physical Card, to make payments at American Express Card accepting merchants (“Merchants”) contactless-enabled point-of-sale terminals or readers that accept contactless payments, and (ii) in-app or on website purchases at merchants participating in Google Pay (collectively, “Google Pay Properties”). You agree to use your Card only with a Device properly equipped with Google Pay and to comply with all terms and conditions applicable to Google Pay.
These Terms do not apply to the use of your Card as a payment method in Google Payments or other Google Properties (even if also branded as “Google Pay”) such as the Google Play Store, Google Store, Google Wallet, Picasa, Google Drive, YouTube, Google Shopping Express, Google checkout or “Buy with Google” on Web or Mobile (collectively “Other Google Pay Properties”). Google may add that same Card on file to be an eligible payment method in Google Payments and for all Other Google Pay Properties but these Terms do not cover these other payment methods.
Purchases made with Other Google Pay Properties with your Card may not receive the benefits, reward points, rewards of offers you may otherwise have received had you used that Card directly with the merchant.
To make a payment with your eligible Card at checkout with Google Pay Properties, you should select the payment method that displays the card art of your eligible Card. If you do not see the card art, then it is not a use of an eligible Card in the Google Pay Properties subject to these Terms.
When you activate your Card to use with Google Pay, certain account information for your Card will be transmitted to, and stored within your Device, to facilitate your participation in Google Pay. By selecting a Card and placing your Device (1) near a Merchants’ point-of-sale terminal or reader that accepts contactless payments you are authorizing the payment for the Merchant's products or services with that Card through Google Pay. 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 activated in Google Pay, your Card may work even if you do not have wireless service. There is currently a limit of five authentications/transactions during a period without internet access, after which your phone will need an internet connection to make additional authorizations. You will also need an active internet connection to activate Google Pay or add an additional Card. If you choose to deactivate Google Pay, you may do this while your Device is online or offline. You do not require an internet connection to deactivate a Card from Google Pay.
All transactions made with your physical Card and your Virtual Account Number may appear when you view your transaction history: (1) within the Google Pay application; (2) within your American Express online account; and (3) within the American Express App.
Purchases or other transactions you make with your Card in Google Pay (or any problem arising with the product or service purchased through use of the Card in Google Pay) are governed by the Cardmember Agreement for the Card used. Once activated, your default card will appear on the screen and can be switched to other cards in Google Pay by swiping. As a result, it is possible that another person could access certain Google Pay card information on a locked Device. Also note that Google Pay can be accessed from any screen on your Device including a locked screen. Authentication (fingerprint, password, pattern or PIN) may still be required before a payment can be made. If your Device has been unlocked for five minutes, you may need to authenticate while making a purchase using your fingerprint, password, pattern or PIN.
The Card art, Card names 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 Google Pay and any push notifications within your Device, will be presented to you in the language you have selected in the user preferences of your Device and may be different from the language preference you have indicated to American Express. If you would like the communications within Google Pay to be presented in a different language you will need to change the user preferences of your Device.
5. THIRD PARTY AGREEMENTS AND SUPPORT
These Terms only address the terms and conditions that apply to your use of your Card in Google Pay. Android, your wireless carrier, and other third party websites or services related to Google Pay 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 Google’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 Google 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 Google Pay, Other Google Pay Properties or your Device). Please contact Google to learn about any additional limitations or restrictions related to Google Pay, for minimum software and hardware requirements and to learn more about the Devices that are eligible for use with Google Pay.
If you have any questions or issues with a third party product or service, including issues related to the operation of your 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 Google Pay (other than questions or issues specific to the use of your Card), please contact Google.
We do not currently charge a fee for activating and using your Card in Google 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.
7. SUSPENSION; CANCELLATION
We reserve the right for any reason to discontinue offering or supporting any Card in Google Pay or to not participate in Google Pay. Except as otherwise required by applicable law, we may block, restrict, suspend or terminate the use of your Card in Google Pay at any time without notice and for any reason, including if you violate these Terms or your Cardmember 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 Google 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 Google Pay 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 Google Pay. You may remove one or more of your Cards from Google Pay at any time by tapping on the Card in the Google Pay app and selecting “Remove Card” or “Deactivate in-store” at the bottom of the screen or by calling the number on the back of your Card.
8. DISCLAIMER OF WARRANTIES & LIMITATION OF LIABILITY
You acknowledge and agree that the use of any Card in Google Pay is at your sole risk. The Card in Google 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 Google Pay. American Express does not guarantee the information shown in Google Pay.
Access, use and maintenance of a Card in Google Pay depend on Google Pay 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 Google Pay. We are not responsible for Google Pay, your Device or the software and hardware it contains, or any wireless service used to access, use or maintain your Card in Google 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 Google 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.
9. LICENSE FOR THE USE OF YOUR CARD IN GOOGLE PAY
You are granted a non-exclusive, non-sublicensable, non-transferable, personal, limited license to install and use your Card on your 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 Google 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 Licensors retain all right, title and interest in and to the software used by American Express to provide use of your Card in Google Pay and any modifications and updates thereto. You agree that you will not use any third-party materials associated with your Card in Google Pay 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 sublicense your Card in Google Pay. You may not copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of your Card in Google Pay, 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 Google Pay). Any attempt to do so is a violation of the rights of American Express and its Third Party Licensors. The terms of the license will govern any upgrades provided by American Express that replace or supplement your Card in Google 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 Google 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 Google Pay or change the enrollment 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 Google Pay. Upon termination of the license, you must cease all use of your Card in Google Pay and delete your Card from Google Pay.
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 Device by clicking on the card image in Google Pay, scrolling down on the card details page, and then clicking on “Terms & Conditions” Continued use of your Card in Google 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 Google Pay, please refer to your Cardmember Agreement for applicable terms.