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IMPORTANT INFORMATION

Your use of Amex Pay is governed by and subject to the End User License Agreement (the “EULA”) for American Express Mobile app, our Website Rules & Regulations, our Online Privacy Statement and this agreement (collectively the “American Express Terms”).

By registering and using your Card with Amex Pay, you agree to be bound by these American Express Terms. If you do not agree to the American Express Terms, you should not register or use your Card with Amex Pay.

Amex Pay is a feature of the American Express Mobile App that allows you to make payments using your eligible American Express Card (as defined in section (b)) with a compatible Android or iOS device (as defined in section (b))

a) SECURITY

You are solely responsible for maintaining the physical security of your device and the confidentiality of your device lock, American Express online account credentials, biometric identifiers (i.e. fingerprint, iris or face etc.) and other means to access, your eligible Card credentials, or any other personal and payment information on or for your device. You should keep your device and these credentials secure in the same manner as you would keep secure your cash, checks, credit cards, and other personal identification numbers and passwords. If you do allow someone access, you will be solely responsible for their use of your card. If you choose not to use the device lock feature, you will not be able to make payments using Amex Pay.  Call us immediately at the number on the back of your eligible Card if you believe that your device or other credentials have been or may be lost, stolen or compromised in any way. We can suspend or remove your Card from Amex Pay to prevent further charges.

b) ELIGIBILITY

You must have the power, authority and capacity to accept the American Express Terms before you can add or use an eligible Card with Amex Pay. If you are below 18 years (minor) you must have obtained the express consent of the Basic Cardmember to add your eligible Card to Amex Pay and, by adding or using your eligible Card with Amex Pay, you acknowledge and agree that you have received that consent.

Eligible Cards

The Cards issued by American Express Banking Corp. in India and duly registered with American Express website with valid login ID credentials are eligible for Amex Pay.

Eligible Mobile device

We may permit you to add as many as six (6) cards issued to the same CM , on one mobile device at a time; provided, you agree to the American Express Terms each time you add an eligible Card to a device. We may also permit you to add your eligible Card to as many as five (5) different devices at a time; provided, you agree to the American Express Terms each time you add your eligible Card to a device

c) USE OF YOUR ELIGIBLE CARDS

Once you register for Amex Pay on your device, Amex Pay will automatically map and pick the details of your selected eligible Card from your American Express online login credentials to create virtual representation(s) (tokens) of your eligible Cards on your eligible device. This will permit you to use your virtual eligible Card on your mobile device, in lieu of presenting your physical eligible Cards, to make payments.

Please note that if you have mobile wallets or payment apps from other providers mapped on your device and you wish to use Amex Pay as your preferred payment provider, you will need to select Amex Pay as your default mobile application within your device settings.

How to use Amex Pay:

General Terms: Transaction made using Amex Pay shall be subject to the following:

You may remove one or more of your eligible Cards from Amex Pay at any time by: (i) tapping “Remove” within the Amex Pay app; or (ii) calling the number on the back of your eligible Card. If you have any issues or questions related to how you may add or delete an eligible Card to/from Amex Pay or about the use of your eligible Card with Amex Pay, please call the number on the back of your eligible Card.

PRIVACY AND PERSONAL INFORMATION

We collect personal information such as your username, password, personal details, device information and operating system to provide the American Express Mobile App to you. We may use your personal information to display targeted marketing and advertising to you within the American Express Mobile App. Similarly, you may receive push notifications from the American Express App from time to time reflecting your Card activity. These push notifications may be displayed on a locked or inactive device screen. As a result, it is possible that another person could access your Card information on a locked device. We may also collect information about your use of the American Express Mobile App to help improve the app and our other products and services. We collect, store and process all information strictly in accordance with the American Express Online Privacy Statement.

d) COMMUNICATION

As a condition to registering and using your eligible Cards with Amex Pay, you consent to receive certain messages (i.e., SMS, MMS) from us on your device or at the mobile number you provided when you registered your eligible Card with Amex Pay. You also agree to receive notices and other communications from us by e-mail to the e-mail address on file for the relevant eligible Card account, posting within your online account, or through the messaging capabilities of Amex Pay.

To update the contact information we have on file for you, please visit www.americanexpress.co.in or call the number on the back of your eligible Card.

e) SUSPENSION; CANCELLATION

Except as otherwise required by applicable law, we reserve the right to block, restrict, suspend, disqualify or terminate your use of your eligible Card with Amex Pay at any time without notice and for any reason, including if you violate the American Express Terms or any of your Card Member Agreements, if we suspect fraudulent activity or as a result of the cancellation or suspension of your eligible Card account. You agree that we will not be liable to you or any third party for any block, suspension, cancellation or termination of your use of any eligible Card.

We also caution you that any attempt by an individual or entity to deliberately interfere, interrupt, modify, audit, assess, re-engineer, or damage any aspect of an eligible card or Amex pay or undermine the legitimate operation of an eligible card or Amex pay is a violation of criminal and civil laws and American Express reserves the right to seek damages and costs (including, without limitation, attorneys’ fees) from any individual or entity responsible for such attempt to the fullest extent permitted by applicable law.

f) LICENSE

A virtual representation of your eligible cards is licensed, not sold, to you for use only under the terms and conditions of these terms of use. American express reserves all rights not expressly granted to you.

You are granted a non-exclusive, non-sublicensable, non-transferable, personal, limited license to install and use tokens and other credentials associated with your eligible card to make payments with your device solely in accordance with the American Express Terms. The license is limited to use on any device that you own or control and as permitted by any applicable third party agreements. Such license does not allow you to use eligible cards on any device that you do not own or control (or for which you do not have authorization to install or run Amex Pay or add an eligible card, such as where prohibited by applicable security policies in the case of corporate users), and you may not distribute or make any eligible card available over a network where it could be used by multiple devices at the same time.

Certain software that American Express uses to allow you to use your eligible Card with Amex Pay may have 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 the ability for you to use your eligible Card credentials in Amex Pay and any modifications and updates thereto. You agree that you will not use any third-party materials associated with eligible Cards or Amex 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 rights, including with respect to the merchants’ logos, are the property of their respective owners.

You may not rent, lease, lend, sell, redistribute or sublicense any right to use your eligible Card credentials in Amex Pay. You may not copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of any eligible Card or Amex Pay, any updates, or any part thereof (except as, and only to the extent, any foregoing restriction is prohibited by applicable law or to the extent may be permitted by the licensing terms governing the use of any open source components included within the ability to use an eligible Card with Amex Pay). Any attempt to breach the foregoing restrictions is a violation of the rights of American Express and its Third Party Licensors. If you breach such restrictions, you may be subject to a civil lawsuit, prosecution and damages. The terms of the license will govern any upgrades provided by American Express that replace or supplement the services currently provided hereunder, unless such upgrade is accompanied by a separate agreement in which case the terms of that agreement will govern.

You agree that the virtual representation of your eligible Card in Amex Pay or its credentials 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 rupee amounts of transactions allowed using an eligible Card with Amex Pay or change the enrolment process.

The license granted hereunder is effective until terminated by you or American Express in accordance with Section (e) above. Upon termination of the license, you must cease all use of your eligible Cards with Amex Pay and delete such eligible Cards from Amex Pay.