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Terms and Conditions
These terms and conditions including but not limited to FREQUENTLY ASKED QUESTIONS ABOUT THE CARD govern your use of the American Express® Taj Gift Card ("Terms and Conditions"). By purchasing, signing or using the American Express Gift Card ("Card" or "Gift Card"), you are agreeing to the Terms and Conditions. The terms "you" and "your" refer to the person who purchased the Card (i.e. the purchaser) and/or the person who is using the Card (i.e. the ultimate beneficiary or the "Card Holder"). The terms "we," "our" and "us" refer to American Express Banking Corp. ("American Express" or "Bank"), the issuer of the Card and its licensees. We/our/us and you/your shall be collectively referred to as "Parties" and individually as "Party".
FREQUENTLY ASKED QUESTIONS ABOUT THE CARD/ TERMS AND CONDITIONS GOVERNING USE OF THE CARD
Is the Card a debit card or a credit card?
The Card is a prepaid payment device with an Indian Rupee value that is either printed on the front of the Card or a "variable load" amount that is selected at the time of purchase and is NON-reloadable. The Card is not a credit, charge or debit card. The Card is not redeemable for cash. The Card should not be used for unlawful purposes. The unspent amount of the initial value loaded/remaining on to your Gift Card is its "Available Balance."
Is the Card ready to use immediately?
The Card will be activated within 24 hours of purchase. However, Cards purchased in bulk (multiple Cards in an order) by companies or company employees for business purposes will need to be activated by calling the toll free number mentioned on the purchase invoice. (Customer Care Services at 000 800 443 1188 (toll free)). The Card needs to be signed on the back before the recipient starts using it at retail points.
How can the Card be used?
Gift Cards can be used towards redemption for rooms, food and beverage spends including taxes, fees and surcharges on any Indian Hotels and Ginger Hotels (located in India) without restrictions or any limitations except for paid-outs like car transfers, Wi-Fi, Taj Khazana, retail spends at third party outlets within Taj properties, salons, hired services from third party sources, Business Center equipment hire and any expense of personal nature for which payout is raised like buying medicines, repairs of personal items etc. The Gift Card shall not be valid for use at any other service establishment or for withdrawal of cash.
What is the "valid thru" date on the front of the Card?
The "valid thru" date on the front of the Card is the date on which the Card automatically expires and by when the Available Balance on your Card must be used. This date is required to process transactions at Merchants that request an expiration date before accepting the Card. Also note that the Card is valid until the “valid thru” date shown on front of the Card or until the Available Balance on the Card has been exhausted, whichever is earlier. The Card cannot be used after its "valid thru" date or after the Available Balance has been exhausted. The Card is valid for a maximum period of 1 year. Please check for the expiry date as embossed on the front side of the Card. If you or the purchaser has registered your Card for us to share updates on the Available Balance, we will notify you of the expiry of the Card at least 30 days in advance of the "valid thru" date. Any residual credit balances can be used as partial credit towards purchase at Indian Hotels and Ginger Hotels and shall automatically lapse on the expiry of the "valid thru" date.
Should the Card number and Customer Care Services number be written down?
Yes, you should write down the Card number, along with the Customer Care Services number printed on the back of the Card and keep these in a safe place. You will need the Card number to check your Available Balance or replace the Card if it is lost or stolen.
Should the receipt from the purchase of the Card be kept?
We strongly recommend that you keep the receipt issued by the relevant Merchant after you have made a purchase from such Merchant. We may require this receipt if you request a refund, exchange or replacement of product/service from the Merchant (as per such Merchant’s policies).
How can the balance on the Card be used?
The only way to use the Available Balance on the Gift Card is by making a purchase with the Card. Every time you do this, the full amount of the purchase, including taxes and any other fees, gets deducted from the Available Balance.
Can the Card be used if its Available Balance does not cover the total purchase price?
No, the Card cannot be used to make transactions that exceed the Available Balance. For such a transaction, you need to use the Card only to the extent of Available Balance on the Card and pay the difference by another method if the Merchant agrees. Kindly note that to avoid disruption, you should advise the Merchant of the Available Balance before the Card is swiped. You may check your Available Balance at www.americanexpress.co.in/taj or by calling our Customer Care Services at 000 800 443 1188 (toll-free). Even though ordinarily the Card cannot be used to make a purchase if the Available Balance is less than the purchase amount, if for some reason, a transaction occurs despite an insufficient Available Balance on the Gift Card, you agree to reimburse us, upon request, for the amount of the negative balance created on the Gift Card.
What if the Card is lost or stolen?
If the Card or card number is lost or stolen, contact Customer Care Services at 000 800 443 1188 (toll-free) for hotlisting or cancelling the Card. You must provide your name, address, Card number and other details for identification purposes. You agree to give us the required information to help make a complete investigation of the loss or theft of the Card. If the Card or Card number is lost or stolen, we will issue you a Replacement Card with a value equal to the Available Balance on the Card at the time you notified us of the loss or theft, after deducting the applicable replacement fees and taxes (please refer to the Schedule of Fees for details). Issuance of a replacement Card to the Card Holder is subject to completion of relevant KYC on the Card Holder to the satisfaction of American Express. NO REFUNDS WILL BE PROVIDED FOR AMOUNTS DEBITED FROM YOUR LOST OR STOLEN CARD BEFORE YOU NOTIFY US. American Express shall not be liable for any loss or misuse of the Card.
The security features adopted and implemented by American Express are of international standards robust enough to protect and safeguard Card member data from unauthorized access, and are currently a substitute to PCI DSS Certification mandated by RBI. American Express shall however bear the fraud losses for any suffered by the Card members arising out of American Express not obtaining the PCI DSS Certification.
Can merchandise purchased with the Card be returned?
Merchandise purchased with the Card is subject to the Merchant’s return policies. If the Merchant agrees to issue a credit to the Card that has not expired, this amount may not be reflected in the Available Balance until the credit posts, which may take up to seven days. For expired Cards, the Merchant will not be able to post the credit for returned merchandise.
Can a charge made with the Card be disputed?
No. Purchases made with the Card are similar to those made with cash, in that you cannot “stop payment” or lodge a “billing dispute” on purchases made with the Card. Any problems or disputes you have regarding a purchase should be addressed directly with the Merchant. If you cannot resolve the dispute, you may call Customer Care Services at 000 800 443 1188 (toll-free).
Can the usage of the Card be stopped?
The Bank may restrict or stop the use of the Card if suspicious activities are noticed or if the Card is misused.
Can the Card be used for transactions in foreign currency or for transactions outside India?
No. The Card cannot be used for transactions in foreign currency and is available for use only within India for payment in Indian rupees.
OTHER IMPORTANT NOTICES
Compliance with Law: The Card is governed by the Reserve Bank of India ("RBI”) guidelines and is also subject to directions/instructions issued by the regulators from time to time in respect of redemption, repayment, usage, etc. and American Express is not responsible or liable for any violation by you of applicable law. All transactions done by using the Card are subject to applicable Indian laws. You shall not use the Card for any unlawful activity. By purchasing or using this Card, you hereby declare that your name does not, at anytime, appear in the consolidated list of Terrorist Individuals/Organisations as circulated by the RBI from time to time.
Fees/Taxes/etc: All fees/taxes/surcharges/service charges and all other levies on the Card shall be borne by you. Please refer to the Schedule of Fees for details.
Available Balance: You undertake to not use the Card when the Available Balance is zero or to cause the Available Balance on the Card to be negative. You are responsible for checking the transaction history online and knowing the Available Balance. The Available Balance can be checked at our website www.americanexpress.co.in/taj or by calling Customer Care Services at 000 800 443 1188 (toll-free).
Notification of Error: If you notice any error relating to the Card, you should notify Customer Care Services immediately at 000 800 443 1188 (toll-free). We will immediately do a thorough investigation and revert with the findings, and our findings shall be final and conclusive.
Fraud Claims: We will NOT entertain any fraud or ZERO LIABILITY claims for Gift Cards.
No Warranties: We are not responsible or liable to you (i) for any loss or misuse of the Card, (ii) for any interruption of Card service, (iii) for the quality, safety, legality, or any other aspect of any goods or services purchased from any Merchant with the Card, (iv) if any Merchant refuses to honor the Card or for special offers and/or (v) for any other problems you may have with any Merchant. If you have a problem with a purchase made with the Card, or a dispute with a Merchant, you must deal directly with the Merchant involved. If a Merchant fails to honor the Card, please call Customer Care Services at 000 800 443 1188 (toll-free) to report the incident immediately.
Changing these Terms and Conditions: We may change the terms of, or add new terms to, these Terms and Conditions at any time, with or without notice, subject to applicable law. In addition, we may suspend, cancel, add, modify or delete any feature offered in connection with the Card, with or without notice, subject to applicable law. We also reserve the right to modify the Schedule of Fees at any time. Any notice given by us shall be deemed given when addressed to you at your latest address shown on our records or when such notice is posted on our web site. At any given time, the most updated set of Terms and Conditions will be available at www.americanexpress.co.in/taj
Assignment and Waiver: We may assign our rights and obligations under this Agreement to a third party at any time without notice to you. However, if we assign our rights and obligations under this Agreement, the terms will remain substantially and materially the same unless you are notified. If we reimburse you for a refund claim you have made for a lost or stolen Card, or if we otherwise provide you with a credit or payment with respect to any problem arising out of any transaction made with the Card, you are automatically deemed to assign and transfer to us any rights and claims, excluding tort claims, that you have, had or may have against any third party for an amount equal to the amount we have paid to you or credited to the Card. You agree that you will not pursue any claim against, or reimbursement from, such third party for the amount that we paid or credited to the Card, and that you will cooperate with us if we decide to pursue the third party for the amount paid or credited. Neither our failure to exercise any of our rights under these Terms and Conditions, nor our delay in enforcing or exercising any of our rights, shall constitute a waiver of such rights. If we waive any right under these Terms and Conditions on one occasion, such waiver shall not operate as a waiver as to any other occasion.
No Interest on Available Balance: No interest will be payable by us on the Available Balance reflected on the Gift Card.
Data Protection and Privacy: During any Customer Care Service call, we may request that you provide the Card security code printed on the front of the Card, as well as additional identification information such as your home phone number, date of birth, and postal code. We may also obtain personal information (“Card Holder Information”) about you, including information (i) provided to us by the Card purchaser, such as your name and/or your address, (ii) provided by you at the time of activation or during customer service calls, and (iii) about purchases made with the Card, such as the date, the amount and the place of purchase. For purposes of fraud prevention and regulatory compliance, we may also obtain information from providers of identity verification data and demographic information.
Only those persons who need it to perform their job responsibilities are authorised to have access to Card Holder Information. We also maintain physical, electronic, and procedural security measures that comply with applicable regulations to safeguard Card Holder Information.
Disclosure: We will use Card Holder Information to process Card transactions, provide customer service, enhance usage at retailers who may require postal code authorisation, process claims for lost or stolen Cards and help protect against fraud. We also use Card Holder Information for marketing purposes and to conduct research and analysis.
We may provide certain Card Holder Information to companies, including our affiliated companies and certain other entities, that perform business operations or services, including marketing services, on our behalf, or if required or permitted under any law. We may provide certain Card Holder Information to others outside of American Express as permitted by any law, such as to government entities or other third parties as required by any law. We may develop marketing programs and send you offers for products and services. We do not share customer addresses with other companies for them to market their own products and services.
We may also be required to disclose information to the RBI or such other authority as may be required by the RBI or under any other applicable law, relating to you and/or to the transactions entered into using the Gift Card.
Telephone Monitoring/Recording: From time to time we may monitor and/or record telephone calls between you and us to assure the quality of our customer service or as required by applicable law.
You agree to indemnify and keep us fully indemnified against all claims, demands, actions and proceedings which may be made against us and in respect of any and all damages, liabilities, losses, costs and expenses (including legal costs on full indemnity basis) which may be incurred, sustained or suffered by us, directly or indirectly, due to the use or misuse of the Card(s), negligence, misconduct or breach of any of these Terms and Conditions on your part and/or any other act, thing or matter arising out of or in connection with this Agreement.
LIMITATION OF LIABILITY
Subject to applicable law, you agree that if we fail to carry out any of our obligations in connection with your Card and as direct result, you suffer loss or costs, we will be liable to you for that loss or cost only but not otherwise. If your Card is lost or stolen, we will issue you a replacement Card with a value equal to the Available Funds on your Card at the time you notified us of the loss or theft. Further, we will not be liable to you for any amount used from the Available Balance prior to you having notified us of the loss or theft of the Card or any other costs incurred by you. In particular, we will not be liable for any consequential loss or any other loss or damage not directly or naturally resulting from the failure, including damages which may flow from extraordinary or special circumstances. In any event, we will not be responsible for losses or costs caused by any third party including but not limited to losses or costs caused by a third party due to any mechanical or systems failure.
APPLICABLE LAW AND JURISDICTION
These Terms and Conditions and the Card, and all questions about their legality, enforceability and interpretation, are governed by the Indian laws and shall be subject to the sole and exclusive jurisdiction of Delhi/New Delhi courts only.
OBLIGATIONS OF THE CARD PURCHASER
The purchaser of the Card shall be responsible for notifying these Terms and Conditions to the Card Holder and shall ensure that the Card Holder has read, understood and complies with such Terms and Conditions.
The purchaser of the Card shall maintain complete and full details of each Card Holder (including, without limitation, information relating to (i) name; (ii) address; (iii) identity proof of name and address; and (iv) mobile phone number to whom the Card has been issued and shall, promptly, make such details available to us and/or the RBI upon demand.
YOUR AGREEMENT TO BE BOUND BY THESE TERMS AND CONDITIONS
By purchasing the Card or by signing the back of the Card or by using the Card, you agree to be bound by these Terms and Conditions in their entirety and agree to comply with applicable law at all times. The Card must be signed before use. The purchaser must ensure that the Card Holder has read and understood these Terms and Conditions. The primary responsibility to ensure compliance with these Terms and Conditions by the Card Holder shall lie with the purchaser of the Card.
SCHEDULE OF FEES
|Type of Charge||Amount|
|Issuance fee (at the time of issuing the Card)||
|Replacement Card Fee||100 per Card plus service tax|
|Service Tax||Service Tax & Cess ( if any) would be charged separately as applicable.
Grievances Redressal - Contact Particulars of officers to be contacted
If the Cardmember is unsatisfied with the response received, the Cardmember can address the grievance to:
Mr. Melroy Rodrigues
The Indian Hotels Company Ltd.
Mandlik House, Ground Floor
Mandlik Road, Colaba
Mumbai - 400001
Tel. No.: +91 22 66651385
If you are not satisfied with the response or if you have not received a response from us within a month, you may approach the RBI’s Banking Ombudsman for redressal. For more details on the RBI’s Banking Ombudsman Scheme 2006 you may visit the www.rbi.org.in
Complete Postal Address of the Card Issuing Bank
American Express Banking Corp.
Cyber City, Tower C
DLF Bldg. No. 8, Sector-25, DLF City Phase II,