The following are the terms and conditions for use of the AmexEpay Service. Please read them carefully.
BY CLICKING ON THE TERMS AND CONDITIONS CHECKBOX AND COMPLETING THE REGISTRATION, YOU ARE STATING THAT YOU ARE ELIGIBLE FOR AN ACCOUNT AND THAT YOU AGREE TO BE BOUND BY ALL OF THESE TERMS AND CONDITIONS OF THE SERVICE ("TOS").
The Service is offered to you subject to your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the AmexEpay Service constitutes your agreement to all such terms, conditions, and notices.
American Express refers to American Express Banking Corp, a company incorporated under the New York state laws, having its registered office at American Express Banking Corp., MGF Metropolitan, 7th Floor, Office Block, District Center Saket, New Delhi- 110 017, and includes its successors and assigns. American Express owns the website www.AmexEpay.com
The AmexEpay Service (or 'the Service') refers to the Bill Presentment and Payment Service and other services that may be offered from time to time by American Express for use with the AmexEpay account member name (each feature individually and collectively referred to as the "Service").
AmexEpay.com (or 'AmexEpay') refers to the web site through which American Express is offering this service through the Internet.
Member(s) refers to the eligible customer(s) of the AmexEpay Service as authorised by American Express.
Payee refers to the person who participates in the Service and who presents to the Member some or all the details of the bill through the Service and also accepts payments made by the Member through AmexEpay.
Payment Account refers to the American Express card account of the Member, from which the Member desires to make payment of the bill to the Payee.
Payment Instruction refers to instruction given by the Member using the AmexEpay Service for effecting payments to Payee.
Business Day means Monday through Friday, excluding Banking holidays.
Due Date refers to the date by which the Payee should receive the payment of the bill.
Payment Date refers to the date the Payee actually receive the payment of the bill after due processing of the Payment Instruction set up by a Member.
Pay On Date or Scheduled Date refers to the date for which the Member has scheduled the Payment Instruction(s) and also represents the last date before which the Member can choose to cancel/modify his/her Payment Instruction(s).
TERMS AND CONDITIONS
ACCEPTANCE OF TERMS
Welcome to AmexEpay. American Express provides its service to you, subject to the following Terms of Service, which may be updated by us from time to time without notice to you. You can review the most current version of the TOS at any time at the site. In addition, when using particular AmexEpay services, you shall be subject to any posted guidelines or rules applicable to such services, which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the TOS. Unless otherwise specified by American Express, all alterations, additions and deletions shall take effect automatically and be binding on and from the day they are posted on the website www.AmexEpay.com. By continuing to access or use the AmexEpay Service, you will be deemed to have agreed to accept and be bound by such altered, added to or deleted TOS. If you do not agree to the alterations, additions or deletions, you should discontinue accessing or using the AmexEpay Service (other than those which have already been availed of by you prior to such alterations, additions or deletions).
In order to access and use the AmexEpay Service you must be an individual of at least 18 years of age who can enter into legally binding contracts under applicable law or a corporation, trust, association of persons or firm which can enter into legally binding contracts under applicable law. In case of a corporation, trust, association of persons or a firm, you must be authorised to agree to the TOS and to access, use and avail of the AmexEpay Service. If you do not qualify, please do not access or use the AmexEpay Service.
If you are not a Resident Indian, you may access, use and avail of the AmexEpay Service only to the extent that the laws of India and those of your country permit you to do so. Further, your use of the Service is based on the understanding and agreement that by accessing and using the Service, you may be violating the local laws in India and/or your country. You agree that you will be solely and absolutely liable for any liability incurred by you in this regard and you will indemnify American Express against any liability incurred by American Express in this regard.
YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the Service, you agree to:
(a) provide true, accurate, current and complete information about yourself ("Registration Data"), your Payment accounts and Payment Instruction(s) ("Payment Data"), your Payee details ("Authentication Data") and
(b) maintain and promptly update the Registration Data, Payment Data and Authentication Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or American Express has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, American Express has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).
MEMBER ACCOUNT, PASSWORD, AND SECURITY
To open an account, you must complete the registration process by providing us with your Registration Data, including your choice of password, an account name and a secret question & answer ("Secret Key", to be used by you in case you forget your password). You are responsible for maintaining the confidentiality of the Registration Data, Payment Data and Authentication Data, and are fully responsible and liable for all activities that occur under your password or account or Secret Key. You agree to
(a) immediately notify American Express of any unauthorized use of your password or account or Secret Key or any other breach of security, and
(b) ensure that you exit from your account at the end of each session. Any transaction or activity pursuant to use of your account or password shall be deemed to be your transaction or activity and American Express shall have no obligation to verify the authenticity of any such transaction or activity. American Express does not assume any responsibility and cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.
If you forget your password, you can use the Secret Key to request for a new password. On American Express being satisfied of your identity (which satisfaction shall be entirely at the discretion of American Express), American Express shall communicate a new password to you at the e-mail address registered by you on AmexEpay. You shall be responsible for continuing to maintain this e-mail address. American Express shall not be liable if it declines to furnish the password by reason of it not being satisfied as to your identity.
For your security reasons you have to change this new password as soon as it is received by you, and until then this password shall be deemed to be your password and you will be responsible and liable for all transactions pursuant thereto. Upon generation of the new password, AmexEpay shall discontinue the use of the old password. However, you shall be responsible and liable for all transactions that are carried out by the use of the old password, till the time of discontinuation of the old password.
Notwithstanding anything stated elsewhere in the TOS, and despite correct use of your Member account and password, American Express shall be entitled in its sole discretion (but shall not be bound) to seek offline and/or additional written or other confirmation from you of any instruction, transaction or activity as American Express may deem fit.
It is American Express' policy to respect the privacy of its members. American Express will not monitor, edit, or disclose any personal information about you or your use of the Service, including its contents, without your prior permission unless American Express believes in good faith that such action is necessary to: (1) confirm to legal requirements or comply with legal process; (2) protect and defend the rights or property of American Express; (3) enforce the TOS; or (4) act to protect the interests of its members or others. American Express does provide certain member information in aggregate form to third parties, including its advertisers, for demographics. Further, American Express may appoint agents/ third parties to collect personal information from you in connection with the Services. A list of agencies to whom we may disclose your personal information and the list of agencies collecting your personal information on our behalf, may be viewed at [insert]. You may contact Name: Vineet Dhamija Phone: +91 -124-3363836, Data Privacy Officer, American Express, should you wish to get details of the name and address of the agency which will retain/ collect your information.
Some personal information you provide to American Express may be stored outside India.
You agree that American Express may access your account, including its contents, as stated above or to respond to service or technical issues.
AUTHORITY TO CHARGE THE CREDIT CARD
You shall furnish to American Express an unconditional Standing Instruction (SI) Mandate in the manner and form prescribed by the RBI and required by American Express, designating the Payment Accounts from which you intend to use the SI mechanism, to effect the payments for the Payment Instruction(s) to be given by you from time to time. You also agree to intimate to American Express, in such manner and form as may be specified by American Express in this regard, the designated Payee(s) to whom you intend to make payments. On authentication of your account by the Payees(s) and subject to the arrangement between American Express and/or its agents and the Payees(s), you will thereafter be able to issue Payment Instruction(s). The Payment Instruction(s) to be issued by you will have to be in conformity with the terms and conditions specified by the relevant Payee(s) in this regard. Your submission of the Payment Instruction(s) from time to time shall constitute an irrevocable and unconditional authority to American Express to initiate the process through SI and making the payment to the Payee(s). Payment Instruction(s) received at AmexEpay, shall supercede all earlier instructions/ authorisation /mandates given by you to anyone in that regard.
Your Payment Instruction(s) will be effected only after proper authentication in accordance with the prescribed procedure of the AmexEpay Service. AmexEpay starts the processing of your Payment Instruction(s) on the Scheduled Date specified by you.
It shall solely be your responsibility to choose a Pay On Date for the payment of your bill(s) well in advance of the Due Date so that AmexEpay has sufficient time to process your Payment Instruction(s) and make the funds available to the relevant Payee(s) by the Payment Date. If the Payment Date happens to be after the Due Date, you shall be liable to pay the delayed/late charges and/or for all other consequences as per the then existing policy of the /Payee(s). American Express assumes no responsibility and shall incur no liability if it is unable to effect any Payment Instruction(s) on the Payment Date owing to any one or more of the following circumstances:
- If the Payment Instruction(s) issued by you is/are incomplete, inaccurate, invalid or delayed.
- If the Payment Account has insufficient funds/limits to cover for the amount as mentioned in the Payment Instruction(s)
- Circumstances beyond the control of American Express (including, but not limited to, fire, flood, earthquakes, natural disasters, bank strikes, power failures, systems failure like computer or telephone lines breakdown due to an unforeseeable cause or interference from an outside force).
In case the bill payment is not effected for any reason, you will be intimated about the failed payment by an e-mail message sent to the email account specified by you in that regard. American Express assumes no responsibility beyond that of sending the intimation to you in this regard.
If American Express fails to effect the Payment Instructions on/before the Payment Date for any reason other than the reasons mentioned above and such failure is directly and solely attributable to American Express, then in such an event, the liability of American Express shall be restricted to late payment charges, if any, subject to the maximum of Rs 500/- per bill. Under no circumstances shall American Express and/or its officers, directors, employees or agents shall be liable for any indirect, incidental, consequential or punitive damages, or for loss of profit, revenue, even if advised of the possibility of those damages except to the extent as mentioned above.
Notwithstanding anything stated elsewhere in the TOS, AmexEpay shall be entitled, at its sole and absolute discretion, to refuse to comply with all or any of your instructions without assigning any reason.
MODIFICATION OR CANCELLATION OF PAYMENT INSTRUCTIONS
You shall be entitled to cancel or modify the Payment Instruction(s) issued by you, in the manner specified by the AmexEpay Service from time to time, so however that such modification or cancellation is made by you before the Pay On Date specified in that regard. When you place a request to cancel or modify the Payment Instruction(s) set up by you, such instruction or transaction will only be cancelled if your request for cancellation is received and acted upon by before the processing of the instruction or transaction has been initiated.
In order to use the Service, you must obtain access to the World Wide Web, either directly or through devices that access web-based content, and pay any service fees associated with such access. In addition, you must have all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device.
In respect of the AmexEpay Services rendered to you, American Express reserves the right to charge and recover from you certain charges/fees by sending a bill to you for the amount of charges /fees. You will be liable to pay these charges/fees by the date specified in that regard. Failure to pay such charges/fees on or before the specified date will render you liable for payment of interest at such rate as may be stipulated by American Express and/or withdrawal of the Service without any liability to American Express.
As a condition of your use of the Service, you warrant to American Express that you will not use the Service for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You agree to abide by all applicable local, state, national and international laws and regulations and are solely responsible for all acts or omissions that occur under your account or password, including the content received and payments made through the Service. By way of example, and not as a limitation, you agree not to:
- Create a false identity for the purpose of misleading others
- Transmit or upload any material that contains viruses, trojan horses, worms, time bombs, cancelbots, or any other harmful or deleterious programs.
- Interfere with or disrupt networks connected to the Service or violate the regulations, policies or procedures of such networks.
- Attempt to gain unauthorized access to the Service, other accounts, computer systems or networks connected to the Service, through password mining or any other means.
- Violate any applicable laws or regulations
- Interfere with another member's use and enjoyment of the Service or another individual's or entity's use and enjoyment of similar services.
American Express has no obligation to monitor the Service or any member's use thereof or retain the content of any member session. However, American Express reserves the right at all times to monitor, review, retain and/or disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request.
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources ("Linked Sites"). As American Express has no control over such sites and resources, you acknowledge and agree that American Express is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available or transmitted from such sites or resources. Your correspondence or business dealings with, or participation in promotions of advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such suppliers. You acknowledge and agree that American Express shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource. The links have been provided to you only as a convenience and the inclusion of any link does not imply any association of American Express with the operators of such sites or resources.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
- Your use of the service is at your sole risk. The service is provided on an "as is" and "as available" basis. American Express and/or its respective suppliers expressly disclaim all warranties of any kind whether express or implied including without limitation, any representation or warranty for accuracy, continuity, uninterrupted access, timeliness, sequence, quality, performance, merchantability, fitness for any particular purpose, non-infringement or completeness. Specifically, American Express disclaims any and all warranties including, but not limited to any warranties concerning the availability, accuracy, usefulness, correctness or completeness of information, and any warranties of title, warranty of non-infringement, freedom from computer virus, warranties of merchantability or fitness for a particular purpose, other than those warranties which are incapable of exclusion, restriction or modification under the laws applicable to the TOS.
- American Express does not warrant or makes any representations regarding the use or the results of the Service in terms of its compatibility, correctness, accuracy, reliability or otherwise. You assume total responsibility and risk for your access and use of the Service.
- Any material downloaded or otherwise obtained through the use of the service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
- No advice or information, whether oral or written, obtained by you from AmexEpay or through or from the service shall create any warranty not expressly stated in the TOS.
- Although AmexEpay, adopts security measures it considers appropriate for the offer of this Service, it does not assure or guarantee that no person will overcome or subvert the security measures and gain unauthorised access to the Service or any Member Accounts. American Express shall not be responsible or liable if any unauthorised person hacks into or gains access to the Service or to your accounts; and you shall be liable and responsible for the same.
- This disclaimer of liability applies also to any injury or damage caused by any failure of performance, delay in processing or transmission, error, omission, interruption, deletion, defect, computer virus, communication line failure, unauthorized access to, alteration of, or use of record, whether for breach of contract, negligence, or under any other cause of action.
- American Express shall not be responsible for unauthorized access to or alteration of your transmissions or data, any material or data sent or received, or not sent or not received, or any transactions entered into through the service. You specifically agree that American Express is not responsible for any content, data, information sent using and/or included in the Service by any third party.
LIMITATION OF LIABILITY
You expressly understand and agree that American Express shall not be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses resulting from: (i) the use or performance of the service or the inability to use or non performance of the service; (ii) the provision of or failure to provide services (iii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iv) unauthorized access to or alteration of your transmissions or data; (v) statements or conduct of any third party on the service; or (vi) any other matter relating to the service; whether based on contract, tort, negligence, strict liability or otherwise, even if American Express has been advised of the possibility of damages.
To the extent possible, the disclaimers, limitations on liability and indemnities available to American Express under the TOS shall extend, mutatis mutandis, to the affiliates and partners of American Express and their respective directors, officers, employees, agents, successors, assigns, involved in providing, delivering or managing the Service (or any part thereof). However this clause shall not protect the aforesaid affiliates/partners or extend to their obligations and liability to American Express or American Express ' claims against them.
You agree to indemnify and hold American Express, its parents, subsidiaries, affiliates, officers, agents, co branders or other partners and employees, harmless from any claim, demand, or damage, including reasonable attorneys' fees, asserted by any third party due to or arising out of your use of or conduct on the Service.
You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part. Any unauthorized commercial use of the Service or the resale of its services or the copying or reproduction of the Software to any other server or location for further reproduction or redistribution is expressly prohibited and may result in severe civil and criminal penalties.
You further acknowledge that you will not (nor will you allow any third party to) copy, modify, de-compile, translate, create a derivative work of, reverse engineer, reverse assemble the Software or otherwise attempt to discover any source code, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by American Express for use in accessing the Service.
You agree that American Express may, in its sole discretion, with or without notice, terminate your password, account (or any part thereof) or use of or access to the Service, and remove and discard any content/bills/data within the Service, for any reason, including, without limitation, for lack of use or if American Express believes that you have violated or acted inconsistently with the letter or spirit of the TOS. Further, you agree that American Express shall not be liable to you or any third-party for any termination of your access to the Service.
If you wish to terminate your account, you may request for termination of the AmexEpay service any time by submitting a request to American Express or at email@example.com. You agree that you shall remain responsible for all Payment Instruction(s) submitted prior to the termination date.
MODIFICATIONS TO TERMS OF SERVICE, MEMBER POLICIES
American Express reserves the right at any time and from time to time, at its sole discretion, to modify or discontinue, temporarily or permanently, in part or in whole, the Service, the Payees, TOS or policies regarding the use of the service with or without notice. You agree that American Express shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service. Your continued use of the Service shall be deemed as an unconditional acceptance of these changes.
The failure, delay or omission of American Express to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. A waiver on any one occasion shall not be construed as a bar or waiver of any rights or remedies on future occasions. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within three (3) months after such claim or cause of action arose or be forever barred.
You agree that the Service provided to you is not transferable under any circumstance and shall be used only by you. You further acknowledge, agree and confirm that American Express shall have the right to transfer, assign or sell all its rights under this TOS, and that the Mandate given by you in favour of American Express shall continue to be in force and enure for the benefit of the successors and assigns of American Express.
If any part of this TOS is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
NOTICES, TRANSACTION RECORDS AND ELECTRONIC DISCLOSURES
Notices to you may be made via either email or by delivery by hand /regular mail to the address provided by you. The Service may also provide notices of changes, to either the TOS or other matters, by way of publication in newspapers or by displaying notices or links to notices on the Service. All such notices will have the same effect as a notice served individually to you. Notices and instructions will be deemed served 7 days after posting or upon receipt in the case of hand delivery, cable, telex, through internet or facsimile (fax).
American Express may be required to provide to you certain disclosures and notices, which are mandated by various laws and rules and transaction related notifications such as receipt of bill details, payment advices, payment return advices etc. You acknowledge and agree to receive all such disclosures and notifications electronically, which, in most cases, will be done through the Internet. If, for any reason, you do not wish to receive the disclosures electronically, you must advise American Express immediately. In such an event, American Express reserves the right to discontinue/terminate the provision of the Service to you, in whole or in part.
You acknowledge that the read-out, faxed, email or printed output, if any, that is generated at the time of operation of your account under the Service is a record of the operation by you. The records of American Express, generated by the transactions arising out of the use of the Service, including the time the transaction is recorded shall be conclusive proof of the genuineness and accuracy of the transaction.
You acknowledge that American Express shall have no liability or obligation to keep a record of the transactions carried through the AmexEpay Service and/or to provide information to you or for verifying your Payment Instructions, other than records required to be kept or information required to be provided statutorily by American Express.
You acknowledge that American Express does not pre-screen the data presented by Payees(s), but that American Express shall have the right (but not the obligation) in its sole discretion to refuse or curtail any content/data that is available via the Service. Without limiting the foregoing, American Express shall have the right to remove any content/data that violates the TOS or is otherwise in violation of any contract entered into by American Express. You agree that you must evaluate, and bear all risks associated with, the use of any content/data, including any reliance on the accuracy, completeness, or usefulness of such content/data.
The Laws of India shall govern the validity, construction and enforceability of this Agreement in all respects. You and American Express agree to submit to the personal and exclusive jurisdiction of the courts located within New Delhi, India, to the exclusion of all other Courts, as regards any claims or matters arising under these terms and conditions. American Express accepts no liability whatsoever, direct or indirect for non-compliance with the laws of any country other than that of India. The mere fact that a Member in a country other than India accesses the Service does not imply that the laws of that country govern these terms and conditions or the operations in the accounts of the Member or the use of the Service. Use of the Service is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph.
- The section titles in this agreement are for only for convenience and do not affect the meaning of the relative clause.
- You acknowledge, agree and confirm that American Express shall have the right to sub-contract and employ agents to carry out any of its obligations under this contract.
- The Service would operate during timings specified by American Express. Any Payment Instruction(s) received after the specified time on any day shall be deemed to have been received on the next Business Day.
- The Service is governed by the guidelines issued by the RBI from time to time.
- A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
LANGUAGE, COPYRIGHT AND TRADEMARKS
It is the express will of the parties that this agreement and all related documents have been drawn up in English.
COPYRIGHT AND TRADEMARK NOTICES: All contents of the Service are: Copyright © 2011 American Express and/or its suppliers, c/o American Express Banking Corp., MGF Metropolitan, 7th Floor, Office Block, District Center Saket, New Delhi- 110 017. All rights reserved.
TRADEMARKS. American Express, AmexEpay and/or other American Express products and services referenced herein are either trademarks or registered trademarks of American Express. The names of actual companies and products mentioned herein may be the trademarks of their respective owners.
Any rights not expressly granted herein are reserved.
Please report any violations of the TOS to our firstname.lastname@example.org group.