Terms and Conditions American Express SafeKey®
Welcome and thank you for choosing to use the American Express SafeKey authentication service ("American Express SafeKey"). American Express SafeKey provides its service to you, subject to the following Terms and Conditions Agreement and the Account Agreement between you and us in respect of Card transactions for which American Express SafeKey is used (your "Account Agreement(s)").
Please read this Terms and Conditions Agreement carefully before using American Express SafeKey. We strongly recommend that you print a copy of these terms for future reference.
DESCRIPTION OF AMERICAN EXPRESS SAFEKEY
American Express SafeKey provides an additional layer of security against theft and fraud, when shopping online at participating SafeKey retailers on your American Express SafeKey enrolled American Express Card.
In order to use American Express SafeKey, you will need to create a password and personal message (your "Enrolment Data") when you enrol your Card in American Express SafeKey.
When you enrol your Card in American Express SafeKey, you must provide certain information that allows us to validate your identity and verify that you are the person entitled to use of the Card.
"Account" means your American Express Charge Card or Credit Card Account
"Card" means your Credit Card(s) or Charge Card(s)
"we," "us," and "our" means American Express Services Europe Limited
"you," "your," or "yours" means the person who has entered into this agreement to enrol their Card in American Express Safe Key
This Terms and Conditions Agreement is in addition to your Account Agreement governing Card transactions.
If there is a conflict between the terms of this agreement and the terms of your Account Agreement(s), your Account Agreement(s) will apply.
In addition to the terms governing the use of your Card as set out in your Account Agreement, the following terms govern the use of your Card in online transactions using American Express SafeKey:
a. You agree that creation of an American Express SafeKey password, and/or use of American Express SafeKey, constitute(s) your acceptance of these terms. You shall be subject to any guidelines or rules applicable to American Express SafeKey that may be posted from time to time.
b. By enroling in American Express SafeKey, you consent to the use of American Express SafeKey to evidence your identity.
c. You warrant that you have the legal right to use all of the Cards that you enrol for American Express SafeKey.
d. We reserve the right at any time to modify or discontinue, temporarily or permanently, American Express SafeKey (or any part thereof).
e. You agree to provide true, accurate, current and complete information about yourself as prompted during enrolment in American Express SafeKey. If you are unable to provide adequate information for us to validate your identity, we reserve the right to refuse your enrolment in American Express SafeKey.
f. If you do not successfully enrol in American Express SafeKey, or if the authentication through American Express SafeKey otherwise fails, the retailer may not accept your American Express Card in an online transaction that is subject to American Express SafeKey.
g. If you have a question regarding the American Express SafeKey enrolment process or an online transaction using American Express SafeKey, you should contact Customer Services by calling the number on the back of your Card.
h. You agree not to transfer or sell, your use of or access to American Express SafeKey, to any third party.
i. You agree not to:
i. impersonate any person or entity using American Express SafeKey;
ii. remove any copyright, trademark, or other proprietary rights notices contained in American Express SafeKey;
iii. "frame" or "mirror" any part of the American Express SafeKey service without our prior written authorisation.
a. You are solely responsible for maintaining the confidentiality of your American Express SafeKey and other verification information established by you with American Express SafeKey or other verification information supplied to or established by you with American Express SafeKey.
b. If you have forgotten your American Express SafeKey password, you can reset it any time by clicking on the 'Forgotten your American Express SafeKey password?' link.
c. If you have lost your SafeKey password, suspect that it is being misused, or an online transaction is unauthorised, you must tell us immediately by telephone at 01273 696933.
3. USE OF INFORMATION
a. We take extensive precautions to secure your personal information, and will only use it for the purpose of providing the American Express SafeKey service. We want you to be assured that your information is properly safeguarded in accordance with all applicable laws and regulations. Card information is transmitted using a high level of encryption, and is stored on our secure server behind a firewall to protect against unauthorised access.
b. We will not use or disclose any cardmember information to third parties when you enrol in American Express SafeKey for any other purpose. Your Enrolment Data will not be shared with online retailers.
c. You acknowledge and agree that:
(i) We may disclose your Enrolment Data if required to do so by law in the good faith belief that such reservation or disclosure is permitted by law, or as reasonably necessary to (i) comply with legal process or (ii) enforce this agreement;
(ii) We may report your Enrolment Data to the police or any public authority in order to permit investigations of any suspected misuse of your Enrolment Data.
d. Your American Express SafeKey transactions will be processed in the United States (US) where data protection laws may not be as comprehensive as in the European Union (EU). We want you to be assured that we have taken appropriate steps to ensure the same level of protection for your information in the US as there is in the EU.
In addition to the terms governing your liability for unauthorised transactions and our liability to you as set out in your Account Agreement, the following terms of liability govern the use of American Express SafeKey:
a. You agree that you will be liable for any misuse of your American Express SafeKey password unless it is due to:
i. fraud, gross negligence or intentional misconduct by us, our employees, or agents;
ii. an attack by others on the systems we use to provide American Express SafeKey.
b. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of American Express SafeKey.
c. We will not be liable for any damage or any viruses which may affect your computer equipment on account of your access to or use of American Express SafeKey.
d. We are not responsible or liable to you for any loss due to any failure or delay in your use of American Express SafeKey under this agreement caused by strikes, industrial action, a systems failure, or other causes outside our control.
e. You acknowledge and agree that, except as otherwise required by law or as provided in the Account Agreement, we shall not be liable for any loss or damage arising from your failure to comply with this agreement.
f. You understand that use of American Express SafeKey does not, in any way, indicate that we recommend or endorse any retailer, regardless of whether the retailer participates in American Express SafeKey. For example, American Express SafeKey does not verify the identity of the retailer or the quality of the retailer�s goods or services.
5. CHANGING THE TERMS
a. We may notify you of changes to the terms of this agreement or to the use of American Express SafeKey by sending a written notice to the address we have for you in our records, including by electronic mail, or by publishing them on our website.
b. We may give you up to 30 days' notice if the changes we make are to your disadvantage. You will be deemed to have accepted the changes unless you terminate this agreement in accordance with the Termination section of this agreement.
c. We may make changes with immediate effect if the changes are to your advantage or if required to do so by law. We may notify you before or within 30 days of the changes.
Notices to you regarding this agreement or any matters in connection with American Express SafeKey may be made either via electronic mail or regular mail to the address that you have provided to us in connection with any of your Accounts.
a. If you want to end your enrolment with American Express SafeKey, you may do so by calling the number on the back of your Card.
b. We may decide to terminate your use of American Express SafeKey on 30 days' notice.
c. We may terminate your use of American Express SafeKey immediately:
(i) if we suspect misuse of your Enrolment Data;
(ii) if you have breached the terms of this agreement;
(iii) if you have not used American Express SafeKey at least once during any six months period.
8. GOVERNING LAW
These terms are governed by English law and subject to the exclusive jurisdiction of the English courts.