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TERMS AND CONDITIONS OF USING AMERICAN EXPRESS CARDS IN APPLE PAY

Last Modified:  November 2019

 

The following terms and conditions (these “Terms of Use”) apply when you add and use your eligible American Express® Cards (each a “Card”) in Apple Pay on compatible iOS devices, as determined by Apple (“Supported iOS Devices”).  These Terms of Use are a legal agreement between you and American Express Travel Related Services Company, Inc. (“we” 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 APPLE PAY, BECAUSE BY DOING SO, YOU ACCEPT AND AGREE TO BE BOUND AND ABIDE BY THESE TERMS OF USE.

 

1. USE OF YOUR CARDS IN APPLE PAY

 

You can add your Cards in Apple Pay on your Supported iOS Devices and use the digital versions of your Card in Apple Pay to make (i) contactless payments at merchants’ contactless-enabled point-of-sale terminals or readers that accept contactless payments and (ii) purchases in-app or on websites of merchants that accept Apple Pay. 

 

By selecting an added Card and placing your Supported iOS Device near a merchant's contactless-enabled point-of-sale terminal or reader or by using a Card for an in-app or a website purchase, you are authorizing the payment for the applicable merchant's products or services with that Card in Apple Pay.

 

For each Card added in Apple Pay, you may also view (except in Apple Watch) the last 10 purchase transactions made with that Card, whether or not you used a Supported iOS Device; provided, that you may not view transactions made by any Additional Card Member on your Card account.  Apple Pay provides you with the option and ability to turn off this transaction history feature for each Card.

 

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 Apple Pay. 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 Apple Pay, you acknowledge and agree that you have received that consent.

 

For a list of Cards eligible to be used in Apple Pay go to americanexpress.com/applepayfaqs.   

 

3. CHARGES

 

We do not currently charge a fee for the use of your Card in Apple Pay. However, Apple or another third party supporting Apple Pay may contemplate fees, limitations and restrictions which might affect your use of a 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

 

When you add your Card in Apple Pay, we collect certain information from Apple to verify your identity, to enable you to use your Card and facilitate your participation in Apple Pay. You authorize Amex to collect, use and share your information in accordance with the applicable Amex Consumer Privacy Notice and U.S. Online Privacy Statement, as they may be amended from time to time, and which are available at www.americanexpress.com/privacycenter

 

Amex periodically collects and uses technical data and related information, including, but not limited to technical information about your Supported iOS Device to facilitate the updates to our services. This technical data will not personally identify you. 

 

Apple may collect and use data in accordance with Apple’s privacy and security policies and practices.  

 

Push Notifications

 

You may receive push notifications from Apple Pay from time to time reflecting your Card account activity. If you do not wish to receive notifications, you may turn off these notifications through the device Settings on your Supported iOS Device.

 

Security

 

You are responsible for maintaining the confidentiality of your Apple User ID, and applicable passwords and other means you may from time to time have to access Apple Pay and your Supported IOS Device. If you share these credentials with any other person, they may be able to use your Cards and get access to your personal and payment information available in Apple Pay.  

 

Any person with your device passcode or who has a fingerprint or face ID registered to your device will be able to authorize transactions using your Card. Pursuant to your Card Member Agreement, you are responsible for all transactions made using your Card in Apple Pay.

 

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 Supported iOS Device is locked, we strongly encourage you to maintain physical control over your Supported iOS Device and/or turn off push notifications if you are uncomfortable with this possibility.

 

Call us immediately at the telephone number printed on the back of your Card if you believe your Supported iOS Device or your credentials have been lost or stolen or someone has used or may use your Supported iOS Device or your credentials without your authorization. 

 

5. THIRD PARTY AGREEMENTS

 

Apple, your wireless carrier, and other third party websites or services that support Apple Pay 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, use their services or visit their respective sites. Amex is not responsible for the security, accuracy, legality, appropriateness or any other aspect of the content or function of Apple’s or any third party’s products or services.  

 

6. SUSPENSION; CANCELLATION

 

We reserve the right for any reason to discontinue our participation in Apple Pay. Except as otherwise required by applicable law, we may block, restrict, suspend or terminate your use of any Card in Apple Pay 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 cancellation or suspension 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.

 

7. DISCLAIMER OF WARRANTIES

 

APPLE PAY IS PROVIDED BY APPLE AND OTHER THIRD PARTIES THAT SUPPORT APPLE PAY.  YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE USE OF ANY CARD IN APPLE PAY 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 APPLE PAY. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY AMEX, ANY OF ITS AUTHORIZED REPRESENTATIVES OR ANY THIRD PARTY WILL CREATE ANY WARRANTY.

 

THE ACCESS, USE AND MAINTENANCE OF A CARD WITHIN APPLE PAY DEPENDS ON THE APPLE PAY SERVICES AND THE NETWORKS OF WIRELESS CARRIERS 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  APPLE PAY OR YOUR WIRELESS SERVICE, COMMUNICATIONS, NETWORK DELAYS, LIMITATIONS ON WIRELESS COVERAGE, SYSTEM OUTAGES, OR INTERRUPTION OF A WIRELESS CONNECTION. AMEX DISCLAIMS ANY RESPONSIBILITY FOR APPLE PAY OR ANY WIRELESS SERVICE USED TO ACCESS, USE OR MAINTAIN A CARD WITHIN APPLE PAY.

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 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 APPLE PAY, 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. LICENSE TO USE DIGITAL VERSION OF YOUR CARD IN APPLE PAY

 

A DIGITAL VERSION OF YOUR CARD IS LICENSED, NOT SOLD, TO YOU FOR USE ONLY UNDER THE TERMS AND CONDITIONS OF THESE TERMS OF USE. AMEX RESERVES ALL RIGHTS NOT EXPRESSLY GRANTED TO YOU.

 

You are granted a non-exclusive, non-sublicensable, non-transferable, personal, limited license to add and use your Card on your Supported iOS Device solely in accordance with these Terms of Use. 


You agree that the digital version of your Card in Apple Pay 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 dollar amounts of transactions allowed using a Card in Apple Pay or change the enrollment process.

 

10. GOVERNING LAW AND DISPUTES 

 

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

 

The claims resolution provision 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 Apple Pay (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.

 

The terms of this Section 10 will survive termination of these Terms of Use, together with any other terms which by their nature the parties contemplate should survive.

 

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 Apple Pay. 

 

12. COMMUNICATION

 

As a condition to activating and using your Cards in Apple Pay, you consent to receive certain messages on your Supported iOS Device (i.e., SMS, MMS) from us. 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 Apple Pay.