TERMS AND CONDITIONS FOR USING AMERICAN EXPRESS CARDS IN AMAZON ONE

 

Last Modified:  March 2023

 

Amazon One is a service offered by Amazon.com Services, Inc. (“Amazon”) whereby individuals can identify themselves using biometric information on their palms and connect payment information for initiating contactless transactions.

 

The following terms and conditions (these “Terms of Use”) apply when you enroll and use your eligible American Express Cards (each a “Card”) in Amazon One. These Terms of Use are a legal agreement between you and American Express Travel Related Services Company, Inc. (“we”, “our” or “Amex”). In addition to these Terms of Use, you will continue to be subject to the applicable Card Member Agreements for your Cards.

 

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE ADDING OR USING YOUR CARD IN AMAZON ONE, BECAUSE BY DOING SO, YOU ACCEPT AND AGREE TO BE BOUND AND ABIDE BY THESE TERMS OF USE.

 

 

1. USE OF YOUR CARDS IN AMAZON ONE 

 

Amazon will operate the Amazon One devices that identify individuals using biometric information on their palms and connect their payment information. You can enroll in Amazon One by inserting your Card in an Amazon One device, scanning your palm at the device, and following the instructions. Alternatively, you can pre-enroll in Amazon One using Amazon’s online or mobile interface by signing in and following the instructions on the interface. You will then need to complete enrollment by scanning your palm on an Amazon One device and following the instructions.

 

You can only enroll one Card per palm in Amazon One. You can register up to two palms for your enrolled Card. After successful enrollment, you can use your registered palm to process payments at Amazon One devices. When you present your registered palm at an Amazon One device, you are authorizing the use of the enrolled Card to process payment with Amazon One.

 

2. ELIGIBILITY

 

You must have the power, authority and capacity to accept these Terms of Use before you can add or use your Card in Amazon One. If you are a minor under the laws of the jurisdiction in which you accept these Terms of Use (under 18 in most States), you must have first obtained the consent of the Basic Card Member and, by adding or using a Card in Amazon One, you acknowledge and agree that you have received that consent.

 

3. CHARGES

 

We do not currently charge a fee for the use of your Card in Amazon One. However, Amazon may provide additional services that involve fees, limitations and restrictions related to your 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 such limitations and restrictions.

 

4. PRIVACY AND SECURITY

 

Privacy and Data Usage

 

You agree that Amex and Amazon may collect and share certain information to verify your identity, enable you to use your Card in Amazon One, and facilitate your participation in Amazon One.

 

You also agree Amazon may collect biometric information from your palms, your telephone number, and your payment and other related data, and will use such information in accordance with its policies and procedures, including by sharing your telephone number and your payment and other related data with Amex to enable Amazon One. For the avoidance of doubt, Amex will never request or receive any of your biometric information from Amazon.

 

You further agree that Amex may share your payment and other related data with Amazon to enable Amazon One. Amazon will use such data in accordance with Amazon’s policies and procedures.  

 

You agree that Amex will use the data Amazon shares with Amex and the data Amex generates and collects in connection with Amazon One in accordance with the Amex Online Privacy Statement available at americanexpress.com/privacy.  

 

Notifications

 

If you have enabled transaction notifications in your American Express® App, you will receive transaction notifications when you use Amazon One or your physical Card.

 

Please note that push notifications can be displayed on a locked or inactive device screen and within the notification tray at the top of the home screen of some devices. Since it is possible to view this information even when your device is locked, we strongly encourage you to maintain physical control over your device and/or turn off push notifications if you are uncomfortable with this possibility.

 

For the most up-to-date transaction information, log into your account at americanexpress.com or in the American Express App.

 

Security

 

You are responsible for any purchases you make using Amazon One. You are also responsible for maintaining the security and confidentiality of your Card. If you share your Card with another person (“Third Person”), the Third Person can use your Card to enroll in Amazon One by registering their own palm. You agree that if a Third Person registers their palm in Amazon One with your Card, you will be responsible for any purchases the Third Person makes with the Card.  Pursuant to your Card Member Agreement, you are responsible for all transactions made using your Card in Amazon One. Call us immediately at the telephone number printed on the back of your Card if you believe your card may have been lost or stolen or someone has used or may use your Card or your credentials without your authorization.  

 

5. THIRD PARTY AGREEMENTS

 

Amazon, your wireless carrier, and any other third parties that support Amazon One have their own terms and conditions and privacy policies (“Third Party Agreements”) and you are subject to those Third Party Agreements when you give them your personal information or use their services. Amex is not responsible for the security, accuracy, legality, appropriateness or any other aspect of the content or function of Amazon’s or any third party’s services.  

 

6. SUSPENSION; CANCELLATION; TERMINATION

 

We reserve the right for any reason to suspend or terminate our participation in Amazon One. Except as otherwise required by applicable law, we may a) block, restrict, suspend or terminate your use of any Card in Amazon One and/or (b) decline to enroll any Card in Amazon One, including any Card for which pre-enrollment has been completed, at any time without notice and for any reason, including if you violate these Terms of Use or any of your Card Member Agreements, if we suspect fraudulent activity, or as a result of the suspension or cancellation of your 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 Card.

 

If you receive notice that Amex is suspending or terminating Amazon One or your participation in it, you will immediately stop making purchases using Amazon One. You agree that even after the termination or suspension, you will remain responsible for any purchases you made using Amazon One.

 

7. DISCLAIMER OF WARRANTIES

 

AMAZON ONE IS A SERVICE PROVIDED BY AMAZON.  YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE USE OF ANY CARD IN AMAZON ONE IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW WE DISCLAIM ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS OF ANY KIND, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. WE, ON BEHALF OF OURSELVES AND OUR AUTHORIZED REPRESENTATIVES, DO NOT WARRANT AGAINST INTERFERENCE, DELAY, INTERRUPTION OR DISRUPTION WITH YOUR USE OF ANY CARD IN CONNECTION WITH AMAZON ONE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY AMEX, ANY OF ITS AUTHORIZED REPRESENTATIVES OR ANY THIRD PARTY WILL CREATE ANY WARRANTY.

 

THE PRE-ENROLLMENT, ENROLLMENT, ACCESS, USE AND MAINTENANCE OF A CARD WITHIN AMAZON ONE DEPENDS ON THE AMAZON ONE SERVICES AND NOT AMEX. WE WILL NOT BE LIABLE TO YOU FOR ANY CIRCUMSTANCES THAT INTERRUPT, PREVENT OR OTHERWISE AFFECT THE FUNCTIONING OF ANY CARD, SUCH AS UNAVAILABILITY OF AMAZON ONE OR NETWORK DELAYS, SYSTEM OUTAGES, OR INTERRUPTION OF A WIRELESS CONNECTION. AMEX DISCLAIMS ANY RESPONSIBILITY FOR YOUR USE OF AMAZON ONE.

 

This Section 7 will survive any termination of these Terms of Use.

 

8. LIMITATION OF LIABILITY

 

EXCEPT AS OTHERWISE PROVIDED BY LAW, IN NO EVENT WILL AMEX, ITS DIRECT OR INDIRECT SUBSIDIARIES, AFFILIATES, AGENTS, EMPLOYEES OR REPRESENTATIVES (COLLECTIVELY “AMEX PARTIES”) BE LIABLE FOR DEATH, PERSONAL INJURY, PROPERTY DAMAGE, OR ANY INCIDENTAL, SPECIAL, INDIRECT, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF OR DAMAGE TO DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL OR FINANCIAL DAMAGES, LOST REVENUES, OR OTHER LOSSES OF ANY KIND, ARISING OUT OF THESE TERMS OF USE OR IN ANY WAY RELATED TO YOUR USE OR INABILITY TO USE ANY CARD IN AMAZON ONE, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

 

NOTHING IN THESE TERMS OF USE WILL OPERATE SO AS TO EXCLUDE OR LIMIT OUR OR OUR SUPPLIERS' LIABILITY FOR ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED BY APPLICABLE LAW. Federal law and the laws of certain States or other jurisdictions may not allow the exclusion or limitation of certain damages. If these laws apply, some or all of the above exclusions or limitations may not apply to you, and you may have rights in addition to those contained in these Terms of Use.

 

This Section 8 will survive any termination of these Terms of Use.

 

9. INDEMNIFICATION

 

YOU HEREBY AGREE TO INDEMNIFY AND HOLD HARMLESS AMEX PARTIES TO THE FULLEST EXTENT ALLOWED BY LAW FROM ANY LIABILITIES THAT ANY AMEX PARTY MAY INCUR DUE TO (1) ANY BREACH OF THE TERMS AND CONDITIONS SET FORTH IN THESE TERMS OF USE BY YOU, OR (2) YOUR RECKLESSNESS, WILLFUL MISCONDUCT, GROSS NEGLIGENCE OR NEGLIGENCE IN CONNECTION WITH THE USE OF AMAZON ONE.

 

This Section 9 will survive any termination of these Terms of Use.

 

10. GOVERNING LAW AND DISPUTES 

 

These Terms of Use and your use of any Card in Amazon One, are governed by the laws of the State that apply to your applicable Card Member Agreement and applicable federal law. 

 

The dispute resolution provisions of the applicable Card Member Agreement will govern any claim, dispute or controversy arising out of or relating to these Terms of Use or your use of any Card in Amazon One (each, a “Dispute”).

 

Subject to such dispute resolution provisions, you expressly agree that exclusive jurisdiction for any Dispute with us resides in the courts of New York, New York and you further agree and expressly consent to the exercise of personal jurisdiction in such courts in connection with any such Dispute.

 

This Section 10 will survive any termination of these Terms of Use.

 

11. CHANGES TO THESE TERMS OF USE 

 

We reserve the right to revise these Terms of Use at any time and you are deemed to be aware of and bound by any changes to these Terms of Use by your continued access to or use of any Card in Amazon One. 

 

12. COMMUNICATION

 

As a condition to pre-enrolling in Amazon One or activating and using your Cards in Amazon One, you consent to receive certain messages (i.e., SMS, MMS) from Amex. You also agree to receive notices and other communications from us by e-mail to the e-mail address on file for the relevant Card account, posting within your online account, or through the messaging capabilities of Amazon One. 

 

13. MISCELLANEOUS

 

Amex reserves the right to seek all remedies available at law and in equity for violations of these Terms of Use. Any portion of these Terms of Use deemed unlawful or unenforceable is severable and shall be stricken without any effect on the enforceability of the remaining provisions. These Terms of Use are personal, indivisible, and non-transferable and may not be transferred in whole or in part without the prior written consent of Amex. Our failure to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. These Terms of Use shall inure to the benefit of and be binding upon the parties hereto and their successors and assigns. The terms of this Section 13 will survive termination of these Terms of Use, together with any other terms which by their nature the parties contemplate should survive.