TERMS OF USE AGREEMENT FOR AMERICAN EXPRESS EZECLICK SERVICE

This Terms of Use Agreement (this “Agreement”) is a legally binding agreement between you and us, and by registering for or being authorized to use the Service you agree to be bound by the terms and conditions of this Agreement. If you do not agree to the terms and conditions of this Agreement, then you must not (and you are not granted any right to) access or use the Service in any manner.

Read this Agreement (and any future changes) carefully and print and retain a copy for your records.

In addition to certain capitalized terms defined throughout this Agreement, the defined terms set forth in Section 14 shall apply to this Agreement. This Agreement should be read in conjunction with our Website Rules and Regulations, our Internet Privacy Statement and our Notice to Customers relating to the Personal Data (Privacy) Ordinance (the "Notice relating to PDPO"), all of which you agree to be bound by if you register for or if you are authorized to use the Service, and you should read these documents carefully before proceeding to use the Service.


IMPORTANT INFORMATION ABOUT OTHER AGREEMENTS

You agree to only use the Service in accordance with the terms of this Agreement as updated from time to time, other applicable American Express policies and applicable laws and regulations.

In addition, your use of an Eligible Card to purchase goods and services using the Service is governed by the applicable Card Member Agreement for each Eligible Card(s) registered with the Service


SCROLL DOWN TO CONTINUE READING
1. About the Service 8. Changes to this Agreement
2.Use of the Service 9. Disclaimer of Warranties
3.Eligibility 10. Limitations and Exclusions of Liability
4. Online Services 11. Notices and Communications
5. Term; Termination; Suspension of Use 12. Your Privacy;Confidentiality and Disclosure of Information
6. Fees Miscellaneous
7. Restricted Activities Definitions

1. About the Service

The Service enables you to make purchases from Merchants either directly on a Merchant's ' Site or through an Intermediary on its Site. The Service facilitates such purchases by enabling you to do the following: (i) store with the Service Checkout Data; (ii) take certain actions with respect to that Checkout Data, such as selecting an Eligible Card account to use for a purchase; and (iii) electronically transfer Checkout Data to the Merchant or Intermediary. You acknowledge that the Service may be provided to you by American Express, its Vendors, or a combination of these entities.


2.Use of the Service

a. Using. You use the Service by clicking on the button (or similarly identified button or link) on a Merchant ' Intermediary ' s Site, which navigates you to the Merchant ' Intermediary ' s Service Site hosted by American Express or its Vendor. You may add or update the Checkout Data that appears in the Service Site. When you click a "continue" button (or similar button or link) on the Service Site, you authorize and direct American Express to provide your Checkout Data to the Merchant or Intermediary. An Intermediary may in turn provide some or all of your Checkout Data to one or more Merchants. Some Checkout Data, such as your Eligible Card number and expiration date, will be used by the Merchant or the Intermediary to process your purchase transaction. To provide you the services, IndiaIdeas.com ltd., a third party service provider shall be collecting, storing and processing your personal information. This will be used in accordance with American Express Privacy Policy. Please see “Your Privacy; Confidentiality and Disclosure of Information“ (Section 12) below for additional details on how Checkout Data and other information obtained during your access to or use of the Service may be used by American Express, a Merchant and/or an Intermediary. At the conclusion of your Service session, you will be navigated back to the Merchant ' Intermediary ' s Site to complete your purchase with that Merchant or Intermediary. Your purchase is completed when you authorize the Merchant or Intermediary to place a charge on your Eligible Card.

b. Liability for Goods or Services Paid for Using the Service. Except as required by Applicable Law or where American Express or its Vendor is the Merchant from whom you purchased goods or services (as described below), you agree as follows:

• We are not responsible for and do not have any liability for any goods or services purchased or paid for in connection with your use of the Service, including if a product or a service you purchased is unsafe, is not delivered, breaks, is different than as represented, or otherwise does not meet your needs or expectations.

• If a problem arises with the product or service you purchased from a Merchant or through an Intermediary, you need to resolve your issue directly with the Merchant or Intermediary, as applicable.

• Your use of the Service to make a purchase will not cause us or our Vendors to be a party to the purchase.

• Neither American Express nor its Vendors have any discretion to alter, update or control the products, services, website content, or business practices of a Merchant or Intermediary.

• Similarly, we have no control over, and are not responsible for the content of, or representations or claims made on, the Merchants ' or Intermediaries ' Sites. You must refer to each applicable Merchant or Intermediary Site for any terms, conditions and restrictions relating to a purchase, including privacy statements, guarantees, warranties, payment terms, shipping, delivery, taxes, return policies, processing of returns, changing an itinerary or cancellations.

• The fact that the Service works with a Merchant ' Intermediary ' s Site does not mean we endorse, recommend, authorize or sponsor such Merchant or Intermediary, its Site, or any Merchant ' or Intermediaries ' s products, services, website content, or business practices.

In the limited cases where American Express or its Vendor, respectively, is the Merchant from whom you purchased goods or services (e.g., you purchase American Express Gift Cards from American Express), the purchase will be governed by the applicable terms of sale or other terms.

AMERICAN EXPRESS MAKES NO REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF QUALITY, CONDITION, TITLE AND NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY OR FITNESS FOR INTENDED USE OR A PARTICULAR PURPOSE OR THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE REGARDING THE SERVICES, MATERIALS OR GOODS ADVERTISED, PROMOTED, SOLD OR OTHERWISE MADE AVAILABLE THROUGH A MERCHANT OR INTERMEDIARY. YOU EXPRESSLY AGREE THAT YOUR PURCHASES OF GOODS OR SERVICES FROM A MERCHANT OR INTERMEDIARY ARE MADE AT YOUR OWN RISK. YOU AGREE THAT NEITHER AMERICAN EXPRESS NOR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS OR VENDORS WILL HAVE ANY LIABILITY WHATSOEVER FOR ANY DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF A TRANSACTION BETWEEN YOU AND A MERCHANT OR INTERMEDIARY.

c. Accuracy of Information. You agree that any information you provide to American Express will be true, accurate, current and complete at the time of submission, and you will update such information to remain true, accurate, current and complete, as appropriate. American Express is under no obligation to validate any Checkout Data that you store or use in connection with the Service.

d. Changes to the Service. You agree that the form, nature, features and functionality of the Service may change from time to time, on both a continuous and intermittent basis, without prior notice to you. You agree that the Service may be automatically updated or upgraded without notice. We may offer upgrades or updates to the Service in our sole discretion. To the extent any such changes in the Service require changes to this Agreement; such changes will be governed by the terms of “ Changes to this Agreement ” (Section 8) below.

e. System Requirements. In order for you to access and use the Service, you must have access to a computing or communications device with working Internet access and a Web browser that supports 128-bit encryption (such as Chrome ®, Firefox ®, Internet Explorer ® 6 and above, or Safari ®) . You are responsible for all third party software, hardware and services that you use in connection with the Service (including any computing or communications device) and for ensuring that such software, hardware and services meet these minimum requirements for your access to and use of the Service. Any third party software, hardware or services (whether required or optional) that you use in conjunction with the Service are the sole responsibility of such third party, and your use of such third party software, hardware or services is subject to the terms, conditions, warranties and disclaimers provided by such third party, which may change from time to time. You acknowledge the fact that the Service is compatible with an Internet browser; computing or communications device in no way constitutes our endorsement, authorization, sponsorship or affiliation by or with the provider of such technology.

3. 3.Eligibility

You agree that you may only access and use the Service when you are a holder of a valid Eligible Card, with an Eligible Card account in good standing. If any Eligible Card(s) that will be used with the Service is held by a business, you must be duly authorized to do business in the jurisdictions where your business operates and your employees, officers, representatives, and other agents accessing or using the Service must be duly authorized to access or use the Service and to legally bind you to this Agreement.


4. Online Services

a. User ID You will be required to select a unique user ID to access your account. You must keep your User ID confidential and not disclose it to others. Do not write or keep your user ID with information regarding your Eligible Card. If you lose or cannot remember your User ID, you can retrieve it through the "Forget ID" ' feature on the portal.. If you believe that anyone has accessed your User ID without your authorization, you should INFORM US immediately by contacting us as provided in Section 13 of this Agreement, and change your User ID immediately to avoid unauthorized use of the Service or your Eligible Card(s). If you are using the Service on behalf of a business, you warrant that all persons that have access to your User ID are authorized to have such access.

Contact Information; Identity Authentication. You are responsible for keeping your personal information, including your telephone number, mailing address and email address, up to date. You can do this through your MYCA profile or contacting us on the numbers provided on the site https://www.americanexpress.com/india/ You authorize American Express, directly or through its Vendors or other third parties, to undertake any actions we consider necessary or appropriate to validate your identity and registration information. Because user verification on the Internet is difficult, American Express and its Vendors do not warrant the accuracy of any user's ' identity.


5. Term; Termination; Suspension of Use

This Agreement continues in effect until terminated. You may terminate this Agreement by ceasing your use of the Service at any time, with or without notice to American Express.

American Express or, at its direction its Vendors, may suspend, discontinue or terminate the Service or any aspect of the Service, or your access, at any time in its sole discretion, for any reason, and without notice or liability (by American Express or its Vendors) to you or any third party. Without limiting the foregoing, this Agreement (and your access to the Service) will terminate automatically if any one or more of the following occur: (i) the Service is discontinued for any reason; (ii) all of your Cardmember Agreements governing your use of the Eligible Cards end for any reason; or (iii) all of your Eligible Card accounts are terminated or suspended for any reason. You specifically recognize that if the Service or your access is suspended, discontinued or terminated, you will be prevented from further accessing or using the Service. Suspension, discontinuation or termination of the Service or this Agreement will not necessarily affect any of your Eligible Card accounts.


6. Fees

American Express does not currently charge you a fee for the Service; however, we reserve the right to charge you a fee to use the Service in the future. You otherwise acknowledge that you are solely responsible for any fees charged by third party software, hardware or services used or required to access or use the Service, including, but not limited to, fees charged to you by your telecommunications, broadband and/or wireless carrier.


Restricted Activities

In connection with your use of the Service, you agree that you will not:

(1) Breach this Agreement or any other policy, terms of service, or agreement that you have agreed to with us ;

(2) Violate any Applicable Law;

(3) Provide false, inaccurate, or misleading information;

(4) Engage in fraudulent, deceptive, unfair or illegal activity;

(5) Unless permitted under Applicable Law, refuse to cooperate in an investigation or provide confirmation of your identity or any information you provide to us;

(6) Infringe on our or any third party ' s copyright, patent, trademark, trade secret, or other intellectual property rights;

(7) Use any robot, spider, other automatic device, or manual process to monitor or copy the Service;

(8) Tamper with another user's data or use of the Service, impersonate any person or entity, or falsely state or otherwise misrepresent your identity;

(9) Forge or replace headers or otherwise manipulate identifiers to disguise the origin of any information, data or other content;

(10) Disrupt the normal flow of information or otherwise act in a manner that negatively affects other users ' ability to use the Service;

( (11) Interfere with or disrupt the Service (including without limitation servers or networks associated with the Service), or violate any requirements, procedures, policies or regulations of networks associated with the Service;

( 12) Use the Service to the extent doing so would result in your breach of an obligation to a third party, including without limitation any workplace or other policies that apply to you; and/or

(13) Use the Service in connection with other activities of which we notify you.

If you breach this Section 7 or permit others to do so or engage in any activities that we believe are not permitted by this Agreement (such as one of the activities set forth above) or Applicable Law, we may, at our sole discretion and without waiving any of our rights, suspend or limit your use of and access to the Service. We may otherwise impose transaction, volume or other limitations or restrictions on your use of the Service, or on any part of the Service, at any time.


8. Changes to this Agreement.

We reserve the right, in our sole and absolute discretion, to change the terms of this Agreement at any time. After any change, we will update the date indicated after "Last Modified" at the beginning of this Agreement and post the revised Agreement in the Service. You can access the current version of this Agreement at any time from www.americanexpress.co.in/.Any changes to this Agreement will only affect your and our respective rights and obligations from the "Last Modified" date and thereafter. If you do not agree with the changed terms, however, you must immediately cease using the Service. Your continued use of the Service after such posting constitutes your acceptance of the terms and conditions of any changes made to this Agreement.


9. Disclaimer of Warranties

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITH ALL FAULTS AND WITH NO WARRANTIES WHATSOEVER. AMERICAN EXPRESS AND ITS VENDORS EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, ACCURACY, TITLE AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. AMERICAN EXPRESS AND ITS VENDORS FURTHER DISCLAIM ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS AND PERFORMANCE OF THE SERVICE. AMERICAN EXPRESS AND ITS VENDORS CANNOT AND DO NOT WARRANT OR GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE SERVICE; OR THAT THE FUNCTIONS CONTAINED IN, OR FUNCTIONALITIES PERFORMED OR PROVIDED BY, THE SERVICE WILL MEET YOUR REQUIREMENTS. YOU UNDERSTAND AND AGREE THAT YOU ACCESS AND USE THE SERVICE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES, INCLUDING DAMAGE TO YOUR COMPUTER SYSTEM OR DEVICE, OR LOSS OF DATA, THAT RESULT FROM THE ACCESS OR USE OF THE SERVICE. NEITHER AMERICAN EXPRESS NOR ITS VENDORS ARE RESPONSIBLE FOR THE ACCURACY, RELIABILITY, CAPABILITY OR CONTENT OF ANY MERCHANT, INTERMEDIARY OR OTHER THIRD PARTY SITE OR CONTENT ACCESSED IN CONJUNCTION WITH THE SERVICE. THE SERVICE AND THE INFORMATION MADE AVAILABLE THROUGH THE SERVICE MAY CONTAIN INACCURACIES OR TYPOGRAPHICAL ERRORS, AND AMERICAN EXPRESS AND ITS VENDORS SPECIFICALLY DISCLAIM ANY LIABILITY FOR SUCH INACCURACIES OR ERRORS AND DO NOT WARRANT THAT SUCH INACCURACIES OR ERRORS WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR COMMUNICATION GIVEN BY AMERICAN EXPRESS, ITS AUTHORIZED REPRESENTATIVES, ITS VENDORS OR ANY THIRD PARTY SHALL CREATE A WARRANTY. YOU MAY HAVE OTHER WARRANTY RIGHTS, WHICH MAY VARY FROM STATE TO STATE.


10. Limitations and Exclusions of Liability

UNDER NO CIRCUMSTANCES SHALL AMERICAN EXPRESS, ITS DIRECT OR INDIRECT SUBSIDIARIES, AFFILIATES, AGENTS, EMPLOYEES, REPRESENTATIVES OR VENDORS BE LIABLE TO YOU FOR DEATH, PERSONAL INJURY, PROPERTY DAMAGE, OR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE 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 THIS AGREEMENT OR IN ANY WAY RELATED TO YOUR USE OR INABILITY TO USE THE SERVICE, HOWEVER CAUSED, REGARDLESS OF WHETHER THE THEORY OF LIABILITY IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE) OR OTHERWISE (EVEN IF AMERICAN EXPRESS OR ITS VENDORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). MOREOVER, AMERICAN EXPRESS AND ITS VENDORS SHALL HAVE NO LIABILITY WHATSOEVER FOR THE TRANSMISSION OF ANY VIRUSES WHICH MAY INFECT YOUR EQUIPMENT, FAILURE OF MECHANICAL OR ELECTRONIC EQUIPMENT OR COMMUNICATION LINES, TELEPHONE OR OTHER INTERCONNECTION PROBLEMS (E.G., YOU CANNOT ACCESS YOUR INTERNET SERVICE PROVIDER), UNAUTHORIZED ACCESS, THEFT, OPERATOR ERRORS, STRIKES OR OTHER LABOR PROBLEMS, OR ANY OTHER FORCE MAJEURE. FURTHERMORE, THE FOREGOING LIMITATIONS AND EXCLUSIONS SHALL APPLY (A) WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE SERVICE, INABILITY TO USE THE SERVICE, OR THE INTERRUPTION, SUSPENSION OR DISCONTINUATION OF THE SERVICE (INCLUDING WITHOUT LIMITATION SUCH DAMAGES INCURRED BY THIRD PARTIES); AND (B) NOTWITHSTANDING A FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.

NOTHING IN THIS AGREEMENT SHALL OPERATE SO AS TO EXCLUDE OR LIMIT OUR OR OUR VENDOR'S LIABILITY FOR ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED BY APPLICABLE LAW. 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 this Agreement.

THE DISCLAIMERS AND LIMITATIONS SET FORTH ABOVE WILL APPLY REGARDLESS OF WHETHER OR NOT YOU ACCEPT OR USE THE SERVICE.


11. Notices & Communications.

By registering an ezeClick account, using the Service and accepting the terms and conditions of this Agreement, you consent to receive notices and other information or communications via email to the primary email address we have in our records for you. All notices and information sent to you via email will be deemed to be in writing and received by you when sent to you. Also, from time to time, we may monitor and/or record telephone calls between you and us to ensure the quality of our customer service or as required by Applicable Law.


12. Your Privacy; Confidentiality and Disclosure of Information

a.Privacy. Protecting your privacy is very important to us. Please review our Internet Privacy Statement, the Notice relating to PDPO and the terms below for more information regarding the terms that apply to your privacy, as well as our use and disclosure of your information in connection with your access to and use of the Service. If you do not wish to be subject to any of the terms described or referenced in this Agreement, including our Internet Privacy Statement and the Notice relating to PDPO, you must not use or access the Service.

b. Use of Checkout Data and Other Disclosures By using the Service to make a purchase, you are directing us to pre-populate relevant fields in the Merchant's or Intermediary's Service Site with your Checkout Data and to transmit that Checkout Data to such Merchant or Intermediary. In addition to the terms set forth in our Internet Privacy Statement and the Notice relating to PDPO, we may provide aggregated statistics to Merchants and Intermediaries based on use of the Service by you and other users.

c. You also agree that American Express and its Vendors may access, preserve, and disclose your information (including your Checkout Data) if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary to: (a) comply with legal requirements or legal process; (b) enforce this Agreement; (c) respond to claims that any content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property, or personal safety of American Express, its users or the public.

c. You also agree that American Express and its Vendors may access, preserve, and disclose your information (including your Checkout Data) if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary to: (a) comply with legal requirements or legal process; (b) enforce this Agreement; (c) respond to claims that any content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property, or personal safety of American Express, its users or the public.

d.Merchant or Intermediary Use of your Information. You acknowledge that American Express and its Vendors have no control over the privacy and data security practices of Merchants or Intermediaries (some of which may have practices that vary considerably from our practices) and you agree that American Express and its Vendors shall have no liability to you for any unauthorized use or disclosure or other misuse of information collected from or about you or other data that may be obtained by Merchants, Intermediaries and others who operate such other third party Sites.

You should review each Merchant's and ' Intermediary ' Intermediary's privacy policy and make appropriate choices from among those offered by that Merchant or Intermediary. In particular, when you are making a purchase through an Intermediary, you should review the privacy policy of the Intermediary and the Merchant from which you are ultimately making the purchase. In addition, if you opt-in to receiving special offers or promotional emails from Merchants or Intermediaries, you consent to the use of your information as provided in that Merchant's or Intermediary ' s privacy policy.

The choices you make with respect to communications from American Express and our use of your information under our Online Privacy Statement (such as choices regarding targeted online ads, tracking, cookies and receipt of marketing information) may not apply to a Merchant's or Intermediary's communications or use of your information in their possession (including Checkout Data) unless you made similar choices under each applicable Merchant or Intermediary privacy policy.

e.Your Feedback and Suggestions. You agree that any feedback or suggestions you provide in connection with the Service, including any survey responses or automatic feedback, will not be protected as confidential, and American Express and its Vendors may use, disclose and provide such feedback and suggestions (including any ideas, concepts, know-how or other intellectual property in and to them) to any third party for any purpose, without restriction and without compensation to you.


13.Miscellaneous

a. Contact Information. You may contact us by calling the number on the back of your Eligible Card, or on our Site

b. License. American Express grants you a limited non-exclusive right and license to use the Service only for your own personal, non-commercial use or your internal business use if you are a business cardholder, in each case in accordance with the terms and conditions of this Agreement. You may not assign, sublicense, rent, sell or otherwise transfer all or any portion of the Service to others. You may not use the Service to provide the same or similar services to any third person. Furthermore, you may not use the Service in any manner that could damage, disable, overburden or impair the services provided by the Service (e.g., you may not use the Service in an automated manner), nor may you use the Service in any manner that could interfere with any other party ' s use and enjoyment of such services.

c. Intellectual Property. You acknowledge that American Express, its Vendors and other third parties own all rights, title and interest in and to the Service, and portions thereof, including without limitation all Intellectual Property Rights, and that the trademarks, logos and service marks displayed on the Service are the property of American Express, its Vendors and other parties. You agree not to modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from any portion of the Service. You also agree to not remove, obscure or alter the copyright notice, trademarks or other proprietary rights notices belonging to American Express and other third parties affixed to, contained within or accessed in conjunction with or through the Service.

d. Waiver. To the extent permitted by Applicable Law, you waive and release us from all defenses, rights, and claims you have or may have against us arising from or relating to this Agreement, the Service or any use thereof.

e. Non-Assignability. You may not assign or transfer this Agreement or any of your rights, obligations, duties, responsibilities, or liabilities under this Agreement without our prior written consent, and any attempt to the contrary without our prior written consent shall be null and void. This Agreement shall be binding on you and your respective executors, administrators, and permitted assigns. We may assign all or portions of our rights and obligations under this Agreement without your approval to any entity which acquires all or substantially all of our assets or to any Affiliate or successor.

f. Governing Law. This agreement and your use of the service shall be governed by and construed in accordance to the laws of India.

g. Entire Agreement. This Agreement (including all other agreements and policies expressly referenced in this Agreement) sets forth the entire understanding and agreement between you and us, whether written or oral, with respect to the subject matter hereof and supersedes any prior or contemporaneous understandings or agreements with respect to such subject matter, provided that, for clarity, this Agreement does not modify or supersede your Cardmember Agreement with American Express for any Eligible Cards.

i. Severability. If any provision of this Agreement is determined to be invalid or unenforceable under any Applicable Law, the validity or enforceability of any other provision of this Agreement shall not be affected, and, in lieu of such invalid or unenforceable provision, there shall be added automatically, as part of this Agreement, a provision as similar in terms as may be valid and enforceable, if possible.

j. Delay of Rights. We can waive or delay enforcement of any of our rights under this Agreement without losing them.

k. Third Party Beneficiaries. There are no third-party beneficiaries to this Agreement, except that Affiliates of American Express are third-party beneficiaries of this Agreement with the right to enforce its terms.

l. Conflicts. If there is any conflict, ambiguity or inconsistency between this Agreement and the American Express Terms of Service or Online Privacy Statement, then this Agreement will control regarding your access to and use of the Service.


14.Definitions

“Affiliate” means a person or entity that directly or indirectly controls, is controlled by, or is under common control with us, including our subsidiaries.

“"Applicable Law"” means all applicable local, state, federal, and foreign laws, regulations, ordinances, and statutes, as well as any applicable rules, policies, and procedures established by the National Automated Clearinghouse Association or any applicable electronic payment network or card association or network.

“"American Express"”, “"we"”, “"us"”,"or" “our” refers to American Express Banking Corporation , its Affiliates, and where applicable its successors, assigns or Vendors.

“"Consumer Card" ” means a charge or credit card that is issued by us or a third party bearing the name or trademark or service mark or logo of American Express® and used primarily for personal, family or household purposes and not for business purposes.

“"Disputes"” means and include any claim, dispute or controversy of every kind and nature, whether based in law or equity, between you and us arising from or relating to your access or use of the Service, this Agreement, as well as any related or prior agreement that you may have had with us.

“"Eligible Card"” means a “Consumer Card” or a “Corporate Card”.

“"Intellectual Property Rights"” means any and all rights existing from time to time under patent law, copyright law, trade secret law, trademark law, unfair competition law and any and all other proprietary rights, and any and all applications, renewals, extensions and restorations thereof, now or hereafter in force and effect worldwide.

“Intermediary” means a person or entity who sells goods or services, accepts Eligible Cards, and has entered into an Agreement with us to allow the use of the Service to receive payments.

“"Merchant"” m means a person or entity who sells goods or services, accepts Eligible Cards, and has entered into an Agreement with us to allow the use of the Service to receive payments.

“"MYCA"” means the Manage Your Card Account online service available at https://www.americanexpress.com/india/

“"Service"” means the service from American Express provided by us which, among other things, facilitates the ability to complete purchases and other similar online transactions that you desire to enter into with merchants, retailers or sellers either directly on a Merchant's Site or indirectly on an Intermediary's Site. ' s Site or indirectly on an Intermediary ' s Site.

“"Site"” m means an internet property (including a website, app or widget accessible through a personal computer, mobile device, tablet or other communications technology).

“"Corporate Card"” means a charge card that is issued by us or a third party bearing the name or trademark or service mark or logo of American Express® and used primarily for business purposes and not for personal, family or household purposes.

“"You" and "your ” means a person or entity that accepts Eligible Cards and has entered into an Agreement with us to allow the use of the Service to receive payment on behalf of a Merchant for the purchase of goods or services sold by the Merchant (e.g., a travel reservation search and comparison service).

“"Vendor"” means any third party that performs business operations on behalf of American Express, such as printing, mailing, and other communications services (e-mail, direct mail, etc.), marketing, data processing, servicing, collections, or ad management.