END USER LICENSE AGREEMENT
("Agreement")
Last Modified:February 7, 2012
Before using the American Express iPhone App please read this End User Licence Agreement, our Online Terms and Conditions and our Privacy Statement (collectively the "American Express Service Agreement"). By downloading and using the American Express iPhone App you agree to the American Express Service Agreement.
American Express Company, its subsidiaries and affiliates (“our”, “we”, “us”, “American Express”, “provider”) license the American Express iPhone App to you subject to and in accordance with the American Express Service Agreement. If you do not agree to the terms set forth in the American Express Service Agreement, you should not download or use the American Express iPhone App. American Express reserves all rights not expressly granted to you.
Online Terms and Conditions
To view the Online Terms and Conditions go to the Legal/Privacy section of the American Express iPhone App or visit the American Express website.
Privacy Statement
To view the Privacy Statement go to the Legal/Privacy section of the American Express iPhone App or visit the American Express website.
Table of Contents
2. Changes to this End User Licence Agreement.
7. Financial Information and Location Information.
10. Modification, Suspension and Discontinuation.
12. Telecommunications Network Operator.
17. Governing Law and Jurisdiction.
18. Third Party Beneficiaries.
American Express grants you a limited non-transferable licence to use the American Express iPhone App on any ‘iPhone’ or ‘iPod Touch’ subject to and conditional upon the Usage Rules set forth in Section 9.b. of the Apple App Store Terms and Conditions (the “Usage Rules”) and the American Express Service Agreement only. You must not:
- use the American Express iPhone App on any iPod touch or iPhone that you do not own or control;
- distribute or make the American Express iPhone App available over a network where it could be used by multiple devices at the same time;
- rent, lease, lend, sell, redistribute or sublicense the American Express iPhone App; or
- copy (except as expressly permitted by this licence and the Usage Rules and the American Express Service Agreement), decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the American Express iPhone App, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open sourced components included with the American Express iPhone App). If you breach the terms of this licence, you may be subject to prosecution and damages. The terms of the licence will govern any upgrades provided by American Express unless such upgrade is accompanied by a separate licence.
2.Changes to this End User Licence Agreement.
American Express reserves the right to revise this End User Licence Agreement at any time for good reasons which include, but are not limited to:
- making them clearer and more favorable to you;
- reflecting a change of applicable law; and/or
- providing for the introduction of new systems or changes in technology.
If American Express makes changes to the End User Licence Agreement it will give you at least 30 days advance notice of any changes which are to your disadvantage. If we reasonably consider that changes are not to your disadvantage, American Express may introduce such changes immediately and will note this End User Licence Agreement. When a change has been made to this End User Licence Agreement American Express will update the date indicated after "Last Modified" at the beginning of this document. Any modifications to this End User Licence 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 modified terms, however, you must immediately then cease using the American Express iPhone App. Your continued use of the American Express iPhone App constitutes your continued agreement to the terms and conditions herein. American Express shall be at liberty to withdraw the current American Express iPhone App and to supply a new version subject to a new end user licence agreement at any time. Your use of any new version shall be subject to the new end user licence agreement.
You agree that American Express may collect and use technical data and related information, including but not limited to technical information about your device, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support and other services to you (if any) related to the American Express iPhone App. American Express may use this information, as long as it is in a form that does not personally identify you, to improve its products or to provide services or technologies to you. American Express’s collection and use of personal data is governed by the American Express Privacy Statement.
>The licence granted hereunder is effective until terminated by you or American Express or upon the withdrawal of the current American Express iPhone App. Your rights granted hereunder will terminate automatically without notice from American Express if you fail to comply with any term(s) of the American Express Service Agreement. Upon termination of the licence, you must cease all use of the American Express iPhone App, and destroy all copies, full or partial, of the American Express iPhone App.
The American Express iPhone App enables access to American Express’ sites, services and information as well as third party sites, services and information (collectively and individually, "Services"). Use of the Services may require Internet access and that you accept additional terms of service
Certain Services may display, include or make available content, data, information, applications or materials from third parties (“Third Party Materials”) or provide links to certain third party web sites. Third Party Materials may be deemed offensive, indecent, or objectionable or contain explicit language. You acknowledge and agree that American Express is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third Party Materials or web sites. American Express shall not have any liability to you for content that may be found to be offensive, indecent, or objectionable. American Express does not warrant or endorse and does not assume and will not have any liability or responsibility to you or any other person for any third party Services, Third Party Materials or web sites, or for any other materials, products, or services of third parties. Third Party Materials and links to other web sites are provided solely as a convenience to you.
7.Financial Information and Location Information.
Financial information displayed or provided as part of the Services is for general informational purposes only and is not intended to be relied upon as investment advice. Before executing any securities transaction based upon information obtained through the Services, you should consult with a financial professional. Nothing in any Service (including any American Express filings with the Securities and Investments Commission) constitutes investment advice. American Express provides investor relations materials for convenience and information only. In addition, investor relations materials and other content are not offers to sell or solicitation of an offer to buy underwrite or convert any security. Location data provided by any Services is for basic navigational purposes only and is not intended to be relied upon in situations where precise location information is needed or where erroneous, inaccurate or incomplete location data may lead to death, personal injury, property or environmental damage. Neither American Express, nor any of its content providers, guarantees the availability, accuracy, completeness, reliability, or timeliness of stock information or location data displayed by any Services.
The Services may contain proprietary content, information and material (“Proprietary Content”) that is protected by applicable intellectual property and other laws such as copyright. You agree not to use Proprietary Content except as strictly permitted by the American Express Service Agreement and for the use of the Services. The trademarks, logos and service marks ("Marks") displayed on the American Express iPhone App and the Services provided by American Express are the property of American Express, its trademark licensors and other parties. You are prohibited from using any Marks for any purpose including, but not limited to use as metatags on other pages or sites on the World Wide Web without the written permission of American Express or such third party which may own the Marks. No portion of the Services provided by American Express may be reproduced in any form or by any means. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Services, in any manner, and you shall not exploit the Services in any unauthorized way whatsoever, including but not limited to, by trespass or burdening network capacity. You further agree not to use the Services in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party, and that American Express is not in any way responsible for any such use by you, nor for any harassing, threatening, defamatory, offensive or illegal messages or transmissions that you may receive as a result of using any of the Services.
The American Express iPhone App, the Services and the Third Party Materials are intended for use in Singapore by resident cardmembers. The Services and the Third Party Materials are not available in all languages or in all countries. American Express makes no representation that such Services and Third Party Materials are appropriate or available for use in any particular location. To the extent you choose to access such Services or Third Party Materials, you do so at your own initiative and are responsible for compliance with any applicable laws, including but not limited to applicable local laws.
10.Modification, Suspension and Discontinuation.
American Express, and its licensors, reserves the right to change, suspend, remove, disable or permanently discontinue access to or the appearance of the American Express iPhone App and any Services provided by American Express at any time without notice. You may be required to download and reinstall a new version of the American Express iPhone App from time to time subject to the terms of a new End User Licence Agreement. In no event will American Express be liable for the removal of or disabling of the American Express iPhone App or access to any such Services. American Express may also impose limits on the use of or access to the American Express iPhone App and certain Services in any case and without notice or liability
American Express provides the American Express iPhone App and any Services performed or provided by the American Express iPhone App with reasonable skill and care but otherwise:
- American Express iPhone App and any Services performed or provided by the American Express iPhone App are provided "as is" and “as available”, with all faults;
- American Express excludes, to the greatest extent permitted by law, all warranties, conditions and other contract terms with respect to the American Express iPhone App and any Services; and
- American Express does not warrant (a) against interference with your enjoyment of the American Express iPhone App, (b) that the functions contained in, or Services performed or provided by, the American Express iPhone App will meet your requirements, (c) that the operation of the American Express iPhone App or Services will be uninterrupted or error-free, or (d) that defects in the American Express iPhone App or Services will be corrected.
12.Telecommunications Network Operator.
Access and use of the American Express iPhone App and Services occurs across the networks of a number of mobile operators. American Express does not operate these networks and has no control over the operations of the mobile operators. We will not be liable to you if circumstances beyond our control interrupt, prevent or otherwise affect the transmission, communication, post, transaction or otherwise interfere with the integrity thereof, including, without limitation, unavailability of mobile service, communications, network delays, limitations on mobile coverage, system outages, or dropped or interrupted connections. American express disclaims any responsibility for any mobile service used to access the Services. Currently we do not charge for use or access to the American Express iPhone App or any Services provided by American Express available as of the date of your agreement to this American Express Service Agreement. However, your mobile service provider may charge for transmission or receipt of messages and other communications performed using your equipment on their network, and you are solely responsible for such charges.>
Access to and use of the Services provided by American Express via mobile networks may also involve the electronic transmission of personal financial information across the networks of mobile operators. Because we do not operate or control these networks, we cannot guarantee the privacy or security of data sent over them. Additionally, the wireless device browser is generally pre-configured by your mobile service provider. Check with your service provider for information about their privacy and security practices. For personal or confidential information sent to or from American Express over the internet from a mobile phone, we require that a "secure session" be established using transportation layer security (“tls”). American Express will treat your data in accordance with the American Express Privacy Statement.
We will only be responsible to you for breach of contract. However, we will not be responsible to you for:
- loss of profits,
- loss of revenues,
- loss of business,
- loss of opportunity,
- loss of or damage to data,
- business interruption,
- property damage; or
- any other commercial damages or any loss arising from a cause beyond our reasonable control, whether direct or indirect losses.
Our liability to you for all damages which are not excluded hereunder shall not exceed the amount of one hundred Singapore doll(SGD 100). Nothing in this American Express Service Agreement shall exclude or limit our liability to you for (i) fraud, or (ii) death or personal injury caused by our negligence.
You shall indemnify and hold American Express, its licensors, sponsors, agencies and its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your misuse of the American Express iPhone App, any breach of the Terms and Conditions set forth in the American Express Service Agreement, by you, or other users of any Services using your access ID or credentials if you have disclosed these to any unauthorised person, or otherwise failed to keep these secure. You must use your best efforts to cooperate with us in the defense of any such claim. We reserve the right, at our own expense, to employ separate counsel and assume the exclusive defense and control of any such matter subject to indemnification by you.
You may not use or otherwise export or re-export the American Express iPhone App except as authorized by United States, Singapore or the laws of the jurisdiction in which the American Express iPhone App was obtained. In particular, but without limitation, the American Express iPhone App may not be exported or re-exported:
- into any U.S. embargoed countries or a foreign national of such countries; or b. to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List.
By using the American Express iPhone App, you represent and warrant that you are not located in any such country, a foreign national of any such country, or on any such list. You also agree that you will not use these products for any purposes prohibited by the laws of United States or Singapore, including, without limitation, the development, design, manufacture or production of nuclear, missiles, or chemical or biological weapons.
17.Governing Law, Jurisdiction.
The American Express Service Agreement and your use of the American Express iPhone App and any Services are governed by, construed and enforced in accordance with the relevant laws of Singapore. If for any reason a matter is not arbitrated as provided in the American Express Service Agreement, then any cause of action brought to enforce the American Express Service Agreement, or in connection with any matters related to the American Express iPhone App or American Express Service shall be brought only before the relevant courts of Singapore. Your use of the American Express iPhone App may also be subject to other local, state, national, or international laws.
You agree that Apple, and Apple's subsidiaries, are third party beneficiaries of this American Express Service Agreement, and that Apple will have the right (and will be deemed to have accepted the right) to enforce applicable portions of this American Express Service Agreement against you, the end-user, as a third party beneficiary. Notwithstanding the foregoing, we may rescind, vary, amend or terminate this American Express Service Agreement in accordance with its terms notwithstanding that Apple may have relied on, or indicated assent to, any term of this American Express Service Agreement. This American Express Service Agreement is otherwise for the sole benefit of the parties hereto and their successors and permitted assigns and nothing herein express or implied shall give or be construed to give any person other than the parties hereto any legal or equitable rights hereunder.
If any provision of this American Express Service Agreement is held to be unenforceable, then such provision shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect.
We intend to rely only upon the written terms set out in this American Express Service Agreement. Please read the American Express Service Agreement carefully and contact us and do not use the American Express iPhone App or Services if they include anything which you do not agree to. In that way, we can avoid any confusion about what you and we are expected to do.
21.Apple trademark notification.
iPhone® and iPod touch® are registered trademarks of Apple Inc. App StoreSM is a service mark of Apple Inc.
For assistance with this American Express iPhone® App, call us on the number on the back of your Card. For all related customer service questions call the number on the back of your Card.
American Express International, Inc., Incorporated with limited liability in the state of Delaware, USA with a place of business at 10 Marina Boulevard #15-00, Marina Bay Financial Centre Tower 2, Singapore 018983.
Copyright© 2013 American Express Company. ALL RIGHTS RESERVED