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These terms and conditions including but not limited to FREQUENTLY ASKED QUESTIONS ABOUT THE CARD govern your use of the Taj American Express Privilege Gift Card 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".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/gifttaj 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/availed from the 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/gifttaj
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||Card Value||Issuance Fees*|
|Issuance fee (at the time of issuing the Card)||Rs.500Rs.1,000Rs.2,000Rs.5,000Variable load upto Rs. 50,000||Rs.50Rs.100Rs.100Rs.150Rs.150|
|Replacement Card Fee||Rs.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,Gurgaon-122002, India
*Please note that as a special privilege, the Issuance fee & Replacement Card fee have been waived off for the Taj American Express Privilege Gift Card.
Cyber City, Tower C, DLF Bldg. No. 8, Sector-25, DLF City Phase II,
Call 1800 111 825 (Taj toll free helpline) or visit www.americanexpress.co.in/gifttaj