United StatesChange Country

TERMS AND CONDITIONS OF USING AMERICAN EXPRESS CARDS IN GOOGLE 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”) to the Google Pay application on compatible devices, as determined by Google (“Supported Devices”).  Google refers to this service as "Google Pay with Virtual Account Numbers and Linked Third-Party Accounts" and previously referred to it as Android Pay. 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 GOOGLE 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 GOOGLE PAY

 

You can add your Cards in Google Pay on your Supported Devices and use the digital versions of your Card in Google Pay to make (i) contactless payments at merchants’ contactless-enabled point-of-sale terminals or readers that accept contactless payments in the United States, its commonwealths, possessions and territories and (ii) purchases in-app or on websites of merchants participating in Google Pay (collectively,  "Google Pay Properties"). 

 

By selecting an added Card and placing your Supported 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 Google Pay. These Terms of Use do not apply to the use of any American Express Card, including any eligible Card as a payment method in Google Payments or other Google Properties (even if also branded as “Google Pay”), including but not limited to, the Google Play Store, Google Store, and  YouTube, (collectively, “Other Google Pay Properties”).  Google will add that same Card on file to be an eligible payment method in Google Payments and for all Other Google Pay Properties. 

 

Purchases made in Other Google Pay Properties with an American Express Card may not receive the benefits (e.g., Purchase Protection), loyalty points, rewards or offers you may otherwise have received had you used that American Express Card directly with the merchant. Also, your use in Google Pay of an American Express-branded card or account number issued by other financial institutions is governed by a separate agreement with those financial institutions.

 

For each Card added to Google Pay, you may also view your recent purchase transactions made with that Card, whether or not made using a Supported Device, but not the transactions made by any additional Card Member on your Card account. Google provides you with the option and ability to turn transaction notifications on and off within the Google Pay settings or your general Supported Device settings.

 

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

 

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

 

3. CHARGES

 

We do not currently charge a fee for the use of your Card in Google Pay. However, Google or another third party supporting Google 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 Google Pay, we collect certain information from Google to verify your identity, to enable you to use your Card and facilitate your participation in Google 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

 

To facilitate your participation in Google Pay, we will make certain account information relating to each  Card you have selected to use with Google Pay available for display, including your most recent transaction data (both on and off your Supported Device), but not your full Card account number. In addition, merchants also provide to Google certain transaction data relating to purchases made with a Card using a Device ("Device Transactions"). Google does not provide you with the option or ability to turn off transaction history for Device Transactions. 

 

If you do not want (i) Amex to share your transaction data for Device Transactions with Google; (ii) merchants to share your transaction data relating to Device Transactions with Google; and/or (iii) your transaction history for Device Transactions displayed in Google Pay, you must delete your Card from Google Pay. If you do not want Amex to share your transaction data for transactions other than Device Transactions ("Non-Device Transactions"), you may opt out by going to the settings menu for your Card and turning off "Non-Google Pay Transactions."   

 

If you suspend your Card in Google Pay, we will not make available for display on such Supported Device any transaction data for Device Transactions or Non-Device Transactions and any other account information relating to such Card. 

 

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

 

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

 

Push Notifications

 

You may receive push notifications from Google Pay from time to time reflecting your Card account activity. If you do not wish to receive notifications, you may turn off these notifications within the Google Pay app or your Supported Device notification settings

 

Security

 

You are responsible for maintaining the confidentiality of your Google User ID, applicable passwords and other means you may from time to time have to access Google Pay and your Supported 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 Google Pay or other Google Pay Properties.  

 

Any person with your device passcode or who has a fingerprint or other device unlocking biometrics registered to your Supported 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 Google 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 Device is locked, we strongly encourage you to maintain physical control over your Supported 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 Device or your credentials have been lost or stolen or someone has used or may use your Supported Device or your credentials without your authorization.  

 

For your security, when you add your Eligible Card to Google Pay, a Virtual Account Number separate and unique to your specific device is created. Your Virtual Account Number is used to make purchases with your Card in Google Pay Properties.

 

5. THIRD PARTY AGREEMENTS

 

Google, your wireless carrier, and other third party websites or services that support Google 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 Google’s or any third party’s products or services.  

 

6. SUSPENSION; CANCELLATION

 

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

 

GOOGLE PAY IS PROVIDED BY GOOGLE AND OTHER THIRD PARTIES THAT SUPPORT GOOGLE PAY.  YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE USE OF ANY CARD IN GOOGLE 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 GOOGLE 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 GOOGLE PAY DEPENDS ON THE GOOGLE 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  GOOGLE 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 GOOGLE PAY OR ANY WIRELESS SERVICE USED TO ACCESS, USE OR MAINTAIN A CARD WITHIN GOOGLE 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 GOOGLE 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 GOOGLE 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 Device solely in accordance with these Terms of Use. 


You agree that the digital version of your Card in Google 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 Google Pay or change the enrollment process.

 

10. GOVERNING LAW AND DISPUTES 

 

These Terms of Use and your use of any Card in Google 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 Google 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 Google Pay. 

 

12. COMMUNICATION

 

As a condition to activating and using your Cards in Google Pay, you consent to receive certain messages on your Supported 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 Google Pay.