AMERICAN EXPRESS TERMS OF USE FOR SAMSUNG PAY
Last Modified: June 2017
Please read these Terms of Use (“Terms”) carefully. By creating, activating or using any eligible American Express® Cards (“Card”) in Samsung Pay offered by Samsung:
- you agree to these Terms;
- you consent to the collection and use of your personal information by Amex Bank of Canada (we, us and our) such as your name and card information, and to the sharing of certain personal information with Samsung to verify your identity, to enable you to use your Card in Samsung Pay, to manage fraud and security risk, and to facilitate your participation in Samsung Pay, such as to display transactions. To learn more, see Privacy and Security;
- you consent to receive electronic communications and messages from us such as e-mails, messages through your Enabled Samsung Device (for example push notifications) and transaction information. To learn more, see Privacy and Security;
- you agree to take reasonable measures to protect access to your device and payment information stored on the device. For more information, please see Privacy & Security; and
- you agree that Samsung, your wireless carrier and other third party services or websites related to Samsung Pay may have their own terms and conditions and privacy policies (“Third Party Agreements”) and you are also subject to those Third Party Agreements when you give them your personal information, use their services or visit their respective websites. To learn more, see Third Party Agreements and Support.
We use your information in accordance with our Privacy Code and Online Privacy Statement, as they may be amended from time to time (“Privacy Policies”). These Privacy Policies provide information such as:
- What information we collect and how we collect it (for example, information to identify you and background information you provide us);
- The purposes for which we collect, use and disclose your information ; and
- Additional examples to help you better understand how we collect, use, disclose and safeguard your personal information.
If you do not agree to these Terms, if you do not consent to the use and sharing of your personal information, or if you do not consent to receive electronic messages from us, you must not add, activate or use your Card in Samsung Pay. If you do not wish to receive push notifications, you can turn off these notifications through the device Settings on your Enabled Samsung Device. To learn more, see Privacy and Security.
The following Terms govern the use of your Card in the Samsung Pay application or related Samsung features or services (collectively, “Samsung Pay”) available on eligible payment-enabled Samsung devices offered by Samsung from time to time (“Enabled Samsung Devices”). They apply to you and any use of your Card in Samsung Pay. In addition to these Terms, your use of Samsung Pay to purchase goods and services using your Card is still governed by the applicable Cardmember Agreement for your Card used in Samsung Pay. You can call the American Express number on the back of your Card to request a copy of the applicable Cardmember Agreement. Please refer to your Cardmember Agreement for any terms that are not defined in these Terms.
CONTENTS
3. USE OF YOUR CARD(S) IN SAMSUNG PAY
5. THIRD PARTY AGREEMENTS AND SUPPORT
8. DISCLAIMER OF WARRANTIES & LIMITATION OF LIABILITY
9. LICENSE FOR THE USE OF YOUR CARD IN SAMSUNG PAY
1. PRIVACY AND SECURITY
Privacy
When adding your Card in Samsung Pay, we collect from Samsung and share with Samsung certain information (such as your name and card information) to verify your identity, to enable you to use your Card in Samsung Pay, to manage fraud and security risk, and to facilitate your participation in Samsung Pay. By activating or using your Card in Samsung Pay, you consent to the collection, use and sharing of your information for these purposes and in accordance with our Privacy Code and Online Privacy Statement, which may be updated from time to time.
To facilitate your participation we will also make certain account information related to your Card available for display including; your most recent transaction data or if your Card has been cancelled or suspended. However, we will not display your full Card account number.
You agree that we may also periodically collect and use technical data and related information such as technical information about your Enabled Samsung Device (for example, the version of your Enabled Samsung Device) or IP address to manage fraud and security risks.
By adding, activating or using your Card in Samsung Pay, you consent to receive certain messages from American Express about the use of your Card in Samsung Pay such as activation information:
- on your Enabled Samsung Device (i.e., SMS),
- notices and other communications by mail, or e-mail to the e-mail address we have on file for your Card account,
- push notifications within your Enabled Samsung Device
If you do not wish to receive push notifications, you can turn off these notifications through the device Settings on your Enabled Samsung Device.
To update the contact information we have on file for you, please go to your American Express online account or call the number on the back of your Card.
Any information you provide to Samsung through Samsung Pay that is collected or accessed by Samsung from your use of your Card in Samsung Pay or from any other third party related to Samsung Pay (such as transactional data), is subject to Third Party Agreements, is not governed by our Privacy Policies or these Terms and is not our responsibility.
Security
Call us immediately at the number on the back of your Card if you believe your Enabled Samsung Device or your access credentials have been lost, compromised or stolen or someone has used or may use your Enabled Samsung Device or your access credentials without your authorization. You should also change your access credentials immediately to avoid any unauthorized use of your Card or your personal information. If you get a new Enabled Samsung Device, please be sure to delete all your Cards and other personal information from your prior Enabled Samsung Device.
Samsung Pay and your Enabled Samsung Device may contemplate certain security features and procedures to protect against unauthorized use of any of your Cards in Samsung Pay, such as your biometric identifier (i.e. fingerprint, iris or face). These features and procedures are the sole responsibility of Samsung. You agree not to disable any of these security features and to use these security features and procedures to safeguard your Card. If your biometric identifier (i.e. fingerprint, iris or face) or Samsung PIN are removed or changed to an unsupported method, all activated Cards in Samsung Pay will be deactivated.
Any person who has a fingerprint or irises registered to your Enabled Samsung Device (if applicable) will be able to access your Card in Samsung Pay and you may wish to review who has access to your Enabled Samsung Device. We do not have access to your biometric identifier (i.e. fingerprint, iris or face).
You are responsible for maintaining the confidentiality of your American Express user ID, Samsung User ID, Samsung passwords and any other methods you may have to access your Card in Samsung Pay. If you share these access credentials with any other person, they may be able to use your Card in Samsung Pay and get access to your personal and payment information available through Samsung Pay. You should keep your Enabled Samsung Device and these access credentials secure in the same manner as you would keep your cash, cheques, credit cards, and other personal identification numbers and passwords. Do not give anyone else your PIN or let them add their biometric identifier (i.e. fingerprint, iris or face) to your device while your Card is registered with it, as this will allow them to authorize transactions on your Card with Samsung Pay. Pursuant to your Cardmember Agreement you are responsible for all transactions made using your Card in Samsung Pay. In the unfortunate event of a fraudulent transaction on your Card account, please refer to our Fraud Protection Guarantee.
2. ELIGIBILITY
You must have the authority and capacity to accept these Terms as a Cardmember (including any Basic or Supplementary Cardmember).
Subject to the limitations in Section 7 below, you may use any American Express credit or charge Card that is not cancelled or suspended and that is issued to you by Amex Bank of Canada. Prepaid cards and products (such as the American Express Gift Card) as well as Corporate Purchasing Cards, Global Dollar Cards and Corporate Meeting Cards are not eligible for Samsung Pay. These Terms do not apply to American Express-branded card or account number issued by other financial institutions. We may permit you to add the same Card to up to three (3) Enabled Samsung Devices, but this can be limited if that Card is associated with more than two (2) Samsung IDs.
If you add a Card to one of your Enabled Samsung Devices and have other Enabled Samsung Devices sharing the same Samsung account (“Other Enabled Samsung Device”), your Card will not automatically be added to any of your Other Enabled Samsung Devices unless you verify that Card with us on the Other Enabled Samsung Device. If you remove your Card from one of your Enabled Samsung Devices, it will not impact your Card on the Other Enabled Samsung Devices. You must agree to these Terms each time you add your Card to an Enabled Samsung Device.
We may permit additional Cards from more than one Cardmember to be added to one Enabled Samsung Device. Please see “Privacy and Security” above.
3. USE OF YOUR CARD IN SAMSUNG PAY
Samsung Pay enables you to create virtual representations of your Card, which will permit you to use your Enabled Samsung Device, instead of presenting your physical Card, to make payments: (i) at American Express Card accepting merchants (“Merchants”) contactless-enabled point-of-sale terminals or readers that accept contactless payments; (ii) using magnetic stripe readers at Merchants’ point-of-sale terminals or readers, where contactless payments are not enabled; and (iii) at Samsung’s Gift Card store. You agree to use your Card only with an Enabled Samsung Device properly equipped with Samsung Pay and to comply with all terms and conditions applicable to Samsung Pay.
When you activate your Card to use with Samsung Pay, certain account information for your Card will be transmitted to, and stored within your Enabled Samsung Device, to facilitate your participation in Samsung Pay. By selecting a Card and (i) placing your Enabled Samsung Device (1) near a Merchants’ point-of-sale terminal or reader that accepts contactless payments; or (2) a magnetic stripe reader at a Merchants’ point-of-sale terminal or reader, or (ii) using your Card for a Samsung Gift Card Store purchase, you are authorizing the payment for the Merchant's products or services with that Card through Samsung Pay. To complete transactions above a certain dollar amount, merchants may require presentation of your physical Card or other form of identification to authenticate your identity. Once activated in Samsung Pay, your Card may work even if you do not have wireless service. There is currently a limit of five authentications/transactions during a period without internet access, after which your phone will need an internet connection to make additional authorizations. You will also need an active internet connection to activate Samsung Pay or add an additional Card.
Whenever you add a Card to Samsung Pay, that Card may be available to import to Samsung Pay on another device with the same Samsung ID. If you choose to add this Card to another device you may be required to validate your Card details.
All transactions made with your physical Card and your Digital Card Number will appear when you view your transaction history: (1) within the Samsung Pay application; (2) within your American Express online account; and (3) within the American Express App.
Purchases or other transactions you make with your Card in Samsung Pay (or any problem arising with the product or service purchased through use of the Card in Samsung Pay) are governed by the Cardmember Agreement for the Card used. Also note that Samsung Pay can be activated via a swipe-up from the home screen, a locked screen or an inactive screen of your Enabled Samsung Device. Once activated, your last viewed Samsung Pay card will appear on the screen and can be switched to other cards in Samsung Pay by swiping. As a result, it is possible that another person could access certain Samsung Pay card information on a locked Enabled Samsung Device. Authentication (fingerprint, irises or Samsung Pay PIN) will still be required before a payment can be made.
4. LANGUAGE
The Card art, Card names and our communications, such as electronic messages, e-mails, notices and other documents from us will be presented to you in the language you have indicated to us.
Communications within Samsung Pay and any push notifications within your Enabled Samsung Device, will be presented to you in the language you have selected in the user preferences of your Enabled Samsung Device and may be different from the language preference you have indicated to American Express. If you would like the communications within Samsung Pay to be presented in a different language you will need to change the user preferences of your Enabled Samsung Device.
5. THIRD PARTY AGREEMENTS AND SUPPORT
These Terms only address the terms and conditions that apply to your use of your Card in Samsung Pay. Samsung, your wireless carrier, and other third party websites or services related to Samsung Pay have their own 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. We are not responsible for the security, accuracy, legality, appropriateness or any other aspect of the content or function of Samsung’s or any third party’s products or services. It is your responsibility to read and understand the Third Party Agreements before creating, activating or using your Card in Samsung Pay.
We are not responsible for, and do not provide, any support or assistance for any third party hardware, software or other products or services (including Samsung Pay or your Enabled Samsung Device). Please contact Samsung to learn about any additional limitations or restrictions related to Samsung Pay, for minimum software and hardware requirements and to learn more about the Enabled Samsung Devices that are eligible for use with Samsung Pay.
If you have any questions or issues with a third party product or service, including issues related to the operation of your Enabled Samsung Device, please contact the appropriate third party in accordance with that third party's procedures for customer support and assistance. If you have any questions or issues pertaining to Samsung Pay (other than questions or issues specific to the use of your Card), please contact Samsung.
6. CHARGES
We do not currently charge a fee for activating and using your Card in Samsung Pay. However, third parties or Third Party Agreements may contemplate fees, limitations and restrictions which might affect the 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 any associated limitations and restrictions.
7. SUSPENSION; CANCELLATION
We reserve the right for any reason to discontinue offering or supporting any Card in Samsung Pay or to not participate in Samsung Pay. Except as otherwise required by applicable law, we may block, restrict, suspend or terminate the use of your Card in Samsung Pay at any time without notice and for any reason, including if you violate these Terms or your Cardmember Agreement, 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, restriction, suspension, cancellation or termination of the use of your Card in Samsung Pay.
American Express may disqualify a Card or discontinue providing any services to any individual suspected of violating these Terms or the Third Party Agreements related to Samsung Pay in its sole and absolute discretion. You agree to not deliberately interfere, interrupt, modify, audit, assess, re-engineer, undermine the legitimate operation of or damage any aspect of your Card in Samsung Pay. You may remove one or more of your Cards from Samsung Pay at any time by pressing the “More” option and selecting “Delete Card” button in Samsung Pay or by calling the number on the back of your Card.
8. DISCLAIMER OF WARRANTIES & LIMITATION OF LIABILITY
You acknowledge and agree that the use of any Card in Samsung Pay is at your sole risk. The Card in Samsung Pay is provided to you “as is” and “as available”, with all defects that may exist from time to time and without any warranty of any kind. American Express disclaims all warranties and conditions, either express, implied or statutory, in connection with the use of your Card in Samsung Pay. American Express does not guarantee the information shown in Samsung Pay.
Access, use and maintenance of a Card in Samsung Pay depend on Samsung Pay and the networks of wireless carriers, which American Express does not operate nor control. We are not responsible for any circumstances that interrupt, prevent or affect the functioning of your Card in Samsung Pay. We are not responsible for Samsung Pay, your Enabled Samsung Device or the software and hardware it contains, or any wireless service used to access, use or maintain your Card in Samsung Pay. We are not responsible and do not guarantee the privacy or security of the electronic transmission of personal information through third party connections and networks. Check with Samsung and your wireless carrier for information about their privacy and security practices.
We are not responsible to you for any costs, damages or expenses arising from these Terms. This Section 8 shall survive any termination of these Terms.
9. LICENSE FOR THE USE OF YOUR CARD IN SAMSUNG PAY
You are granted a non-exclusive, non-sublicensable, non-transferable, personal, limited license to install and use your Card on your Enabled Samsung Device solely in accordance with these Terms. This license is made available as permitted by any applicable Third Party Agreements. Such license does not allow you to use your Card on any device that you do not own or control (or for which you do not have authorization to install or run Samsung Pay or your Card, such as where prohibited by applicable security policies in the case of corporate users), and you may not distribute or make your Card available over a network where it could be used by multiple devices at the same time.
Certain software that American Express uses to provide your Card has been licensed from third parties (each a "Third Party Licensor") that are not affiliated with American Express. This limited right to use such software is revocable at the discretion of American Express. American Express and its Third Party Licensors retain all right, title and interest in and to the software used by American Express to provide use of your Card in Samsung Pay and any modifications and updates thereto. You agree that you will not use any third-party materials associated with your Card in Samsung Pay in a manner that would infringe or violate the rights of any party, and that we are not in any way responsible for any such use by you. All third party intellectual property marks, including the logos of merchants, are the property of their respective owners.
You may not rent, lease, lend, sell, redistribute or sublicense your Card in Samsung Pay. You may not copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of your Card in Samsung Pay, any updates, or any part thereof (except as and only to the extent any such restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing the use of any open sourced components included with your Card in Samsung Pay). Any attempt to do so is a violation of the rights of American Express and its Third Party Licensors. The terms of the license will govern any upgrades provided by American Express that replace or supplement your Card in Samsung Pay, unless such upgrade is accompanied by a separate agreement in which case the terms of that agreement will govern.
You agree that your Card in Samsung 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 your Card in Samsung Pay or change the enrollment process.
The license granted hereunder is effective until terminated by you or American Express. Your rights will terminate automatically without notice from American Express if you fail to comply with these Terms or if we terminate your use of your Card in Samsung Pay. Upon termination of the license, you must cease all use of your Card in Samsung Pay and delete your Card from Samsung Pay.
10. MISCELLANEOUS
We may change any provision of these Terms at any time. We will indicate that changes to these Terms have been made by updating the date indicated after "Last Modified:" at the beginning of these Terms. You will also be able to view the revised Terms on your Enabled Samsung Device by clicking on the card image in Samsung Pay, scrolling down on the card details page, and then clicking on “Terms of Service”. Continued use of your Card in Samsung Pay will be considered your acceptance of all changes to the Terms. If a dispute relates or arises from the subject matter of these Terms and relates to your Card in Samsung Pay, please refer to your Cardmember Agreement for applicable terms.