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Website Rules and Regulations
Last Modified: 18th January, 2017
Banco Comercial e de Investimentos, SA (BCI) requires that all visitors to our site(s) on the World Wide Web that mention American Express branded products and services (the “Site”) adhere to the following rules and regulations. By accessing the Site you indicate your acknowledgment and acceptance of these terms and conditions.
1. SITE OWNERSHIP
The Site is owned and controlled by BCI under license from American Express. American Express Company and its subsidiaries and affiliates ("American Express") have no responsibility or liability for the Site.
2. LAWS AND REGULATIONS
User access to and use of the Site is subject to all applicable international, federal, state and local laws and regulations.
3. COPYRIGHT/TRADEMARKS
The trademarks, logos and service marks ("Marks") displayed on the Site are the property of, respectively, BCI, American Express and other parties. Users are prohibited from using any Marks for any purpose including, but not limited to use as metatags on other pages or sites on the World Wide Web without obtaining the prior written permission of BCI, American Express or such third party which may own the Marks, as the case may be. All information and content including any software programs available on or through the Site ("Content") is protected by copyright. Users are prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works or using any Content available on or through the Site for commercial or public purposes.
4. HYPERLINKING AND LINKED INTERNET SITES
THIS SITE MAY PROVIDE A LINK TO OTHER SITES BY ALLOWING THE USER TO LEAVE THIS SITE TO ACCESS THIRD-PARTY MATERIAL OR BY BRINGING THE THIRD-PARTY MATERIAL INTO THIS SITE VIA "INVERSE" HYPERLINKS AND FRAMING TECHNOLOGY (A "LINKED SITE"). NEITHER BCI OR AMERICAN EXPRESS HAS ANY DISCRETION TO ALTER, UPDATE, OR CONTROL THE CONTENT ON A LINKED SITE. THE FACT THAT BCI HAS PROVIDED A LINK TO A SITE IS NOT AN ENDORSEMENT, AUTHORIZATION, SPONSORSHIP, OR AFFILIATION WITH RESPECT TO SUCH SITE, ITS OWNERS, OR ITS PROVIDERS. THERE ARE INHERENT RISKS IN RELYING UPON USING, OR RETRIEVING ANY INFORMATION FOUND ON THE INTERNET, AND BCI URGES YOU TO MAKE SURE YOU UNDERSTAND THESE RISKS BEFORE RELYING UPON, USING, OR RETRIEVING ANY SUCH INFORMATION ON A LINKED SITE.
BCI prohibits caching, unauthorized hypertext links to the Site and the framing of any Content available through the Site. BCI reserves the right to disable any unauthorized links or frames and BCI and [American Express] specifically disclaim any responsibility for the Content available on any other Internet sites linked to the Site other than their own. Access to any other Internet sites linked to the Site is at the user's own risk.
User should be aware that Linked Sites may contain rules and regulations, privacy provisions, confidentiality provisions, transmission of personal data provisions, and other provisions that differ from the provisions provided on the Site. Neither BCI nor American Express is responsible for such provisions, and expressly disclaims any and all liability related to such provisions.
5. NO WARRANTIES
ALL CONTENT, PRODUCTS, AND SERVICES ON THE SITE, OR OBTAINED FROM A WEBSITE TO WHICH THE SITE IS LINKED (A "LINKED SITE") ARE PROVIDED TO YOU "AS IS" WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY OR ACCURACY.
[OTHER THAN AS REQUIRED UNDER APPLICABLE CONSUMER PROTECTION LAW,] UNDER NO CIRCUMSTANCE WILL BCI OR AMERICAN EXPRESS BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A USER'S RELIANCE ON INFORMATION OBTAINED THROUGH THE SITE OR A LINKED SITE, OR USER'S RELIANCE ON ANY PRODUCT OR SERVICE OBTAINED FROM A LINKED SITE. IT IS THE RESPONSIBILITY OF THE USER TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH THE SITE, OR OBTAINED FROM A LINKED SITE. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC OPINION, ADVICE, PRODUCT, SERVICE, OR OTHER CONTENT.
6. LIMITATION OF LIABILITY FOR USE OF THE SITE
BCI and American Express specifically disclaim any liability (whether based in contract, tort, strict liability or otherwise) for any direct, indirect, incidental, consequential, or special damages arising out of or in any way connected with access to or use of the Site, even if BCI or American Express® have been advised of the possibility of such damages) including liability associated with any viruses which may infect a user's computer equipment.
7. CONFIDENTIALITY OF USER COMMUNICATIONS
Except as required by law, BCI will maintain the confidentiality of all user communications which contain personal user information and which are transmitted directly to BCI. Postings by a user on any message board or in any chat room will not be protected as confidential. Furthermore BCI may, without liability of any kind or nature, use and provide information contained in any such postings (including any ideas, concepts, know-how or other intellectual property) to any third party including but not limited to its parent company, subsidiaries and affiliates or to American Express for any purpose whatsoever and as deemed appropriate by BCI, subject to applicable law. Notwithstanding the termination of this Agreement pursuant to the preceding paragraphs, the duty of confidentiality pursuant to it will endure indefinitely.
8. POSTINGS
Neither BCI nor American Express is under any obligation to review any messages, information or content ("Postings") posted on the Site by users and assumes any responsibility or liability relating to any such Postings. Notwithstanding the above, BCI may from time to time monitor the Postings on the Site and may decline to accept and/or remove any Postings that contain:
a. Any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, profane, hateful, racially, ethnically or otherwise objectionable material of any kind, including, but not limited to, any material which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law.
b. Advertisements or solicitations of any kind.
c. Messages posted by users impersonating others.
d. Personal information such as messages which state phone numbers, social security numbers, account numbers, addresses, or employer references.
e. Messages by non-spokesperson employees of BCI or American Express purporting to speak on behalf of BCI or American Express and containing confidential information about BCI and/or American Express.
f. Messages that offer unauthorized downloads of any copyrighted or private information.
g. Multiple messages placed within individual folders by the same user restating the same point.
h. Chain letters of any kind.
9. TRANSMISSION OF PERSONAL DATA
User acknowledges and agrees that by providing BCI with any personal or proprietary user information through the Site, user consents to the transmission of such personal or proprietary user information over international borders as necessary for processing in accordance with BCI's standard business practices.
User should be aware that Linked Sites may contain transmission of personal data provisions that differ from the provisions provided herein. American Express is not responsible for such provisions, and expressly disclaims any and all liability related to such provisions.
10. CHANGES TO RULES AND REGULATIONS
BCI reserves the right to revise these Rules and Regulations at any time and users are deemed to be apprised of and bound by any changes to these Rules and Regulations, duly approved and signed by both contracting PARTIES.
11. VIOLATIONS OF RULES AND REGULATIONS
Each of BCI and American Express reserve the right to seek all remedies available at law and in equity for violations of these Rules and Regulations, including the right to block access from a particular Internet address to the Site.
12. ACCESS TO PASSWORD PROTECTED/SECURE AREAS
Access to and use of password protected and/or secure areas of the Site is restricted to authorized users only. Unauthorized individuals attempting to access these areas of the Site may be subject to prosecution.
13. JURISDICTION/GOVERNING LAW
Users of this Site agree to submit to the laws of Mozambique.
Trademarks
The American Express name and logo, as well as the imagery and design of the American Express® Cards and other content featured in this site are trademarks and intellectual property of the American Express. BCI use of American Express’ trademarks and domain name is pursuant to a license agreement
Privacy statement
The BCI and American Express Data Protection & Privacy Principles
1. Collection: We will only collect personal data that is needed and by lawful and fair means.
2. Notice and Processing: Where it is not apparent from the products or services you require or the nature of your relationship with us, we will tell you how your personal data will be processed and which companies in the BCI and American Express Group are responsible for that processing. We will process your personal data fairly and only for those purposes we have told you, for purposes permitted by you or as permitted by applicable law. In addition, you may object to certain types of processing as expressly permitted by applicable law.
3. Choice: We give customers the option of having their personal data included or removed from lists used for marketing as required by applicable law. This includes product and service offers from BCI and American Express and those made in conjunction with our business partners. Of course each of our businesses will continue to send customers information about the products or services they receive from that business.
4. Data Quality: We use appropriate technology and well-defined employee practices to process your personal data promptly and accurately. We will not keep your personal data longer than is necessary, except as otherwise required by applicable law.
5. Security and Confidentiality: We will keep your personal data confidential and limit access to your personal data to those who specifically need it to conduct their business activities, except as otherwise permitted by applicable law. We refer to industry standards and use reasonable administrative, technical and physical security measures to protect your personal data from unauthorised access, destruction, use, modification or disclosure. We require industry standard data security measures from those third parties who are authorized by us to process your personal data on our behalf.
6. Data Sharing: We only share your personal data with third parties where it is necessary to provide you with products or services or as part of the nature of our relationship with you, where we have previously informed or been authorized by you, in connection with our efforts to reduce fraud or criminal activity, or as permitted by law.
7. Openness and Data Access: If you ask, we will inform you about how your personal data is processed and the rights and remedies you have under these Principles. You may inquire as to the nature of the personal data stored or processed about you by BCI and American Express. You will be provided access as is required by law in Mozambique, regardless of the location of the data processing and storage. If any data is inaccurate or incomplete, you may request that the data be amended.
8. International Transfer: Where it is not apparent from the international products or services you require or the nature of your relationship with us, we will inform you if your personal data may be transferred outside of your country and ensure that such transfer is only performed in accordance with applicable law. Regardless of where your personal data is transferred, your personal data is protected by these Principles.
9. Responsibility: BCI and Each company in the American Express Group and their employees may only process your personal data in accordance with these Principles. We conduct training and reviews of our compliance with these Principles. Employees who violate these Principles may be subject to disciplinary action, up to and including dismissal. Employees are expected to report violation of these Principles, and may do so to their managers or HR managers, to their business unit's compliance officer, to the legal department.
10. Accountability: You may enforce these Principles in Mozambique against BCI and any company in the American Express Group that is responsible for your personal data, as a third party contractual beneficiary to these Principles. If you have a complaint that we have breached these Principles and have attempted in good faith to resolve the complaint through our customer service process or employee complaints process, but the complaint was not resolved by us within a reasonable amount of time, then you may enforce these Principles against us. If you complain to your local data protection authority and the data protection authority finds that we have breached these Principles, we will abide by the findings of the data protection authority, but we reserve the right to challenge or appeal such findings. These Principles do not affect any rights you have under applicable law, the requirements of any applicable regulatory data protection authority, or any other type of agreement that you may have with us.
About the Company
American Express is a global services company, providing customers with access to products, insights and experiences that enrich lives and build business success.
Since 1997, American Express has partnered with a select group of leading banks and financial institutions around the world to issue American Express-branded products and acquire merchants on the American Express merchant network. By leveraging its licensing partnerships, global infrastructure and the powerful appeal of the brand, American Express has gained even broader reach for its network worldwide.
Banco Comercial e de Investimentos, SA (BCI) launched its American Express® Card Service in 2017. Under its agreement with American Express, BCI is authorized to sign up merchants to accept American Express card transactions in Mozambique. BCI is responsible for managing all aspects related to the American Express-branded products it issues under its license with American Express.
© 2017 American Express Company. All rights reserved.
Users of this site agree to be bound by the terms of the American Express Website Rules and Regulations.
