These Terms and Conditions (“Terms of Use”) govern your use of Eligible Cards or Mobile Cards issued by AMEX (Middle East) B.S.C. (c) (hereinafter “we” or “AEME”) in the Apple Payment Services. Available on Supported iOS Devices. These Terms of Use are a legal agreement between you and AEME. They apply to you and anyone else you authorize to use your Card(s) and govern all Mobile Cards.

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING APPLE PAY, BY DOING SO, YOU ACCEPT AND AGREE TO BE BOUND AND ABIDE BY THESE TERMS OF USE. IF YOU DO NOT WANT TO AGREE TO THESE TERMS OF USE, YOU MUST NOT CREATE, ACTIVATE OR USE A MOBILE CARD IN APPLE PAY.

In addition to these Terms of Use, your use of the Apple Payment Services to purchase goods and services using a Mobile Card is still governed by the applicable Card Member Agreement (available at www.americanexpress.com.bh) for the Card(s) you used to create the Mobile Card.

DEFINITIONS

“AEME” or “We” or “Us” means AMEX (Middle East) B.S.C. (c)

“American Express Card” or “Eligible Card” or “Card(s)” means your credit or charge Card issued by AEME that are still valid, not cancelled, nor blocked nor suspended.

The “Apple Pay” service is an electronic payment service offered exclusively by Apple.

“Apple Pay Wallet” is an app offered exclusively by Apple that stores your Cards so that you can use them with Apple Pay

“Apple Payment Services” refers collectively to Apple Pay” or related Apple features or services

“Customer” or “you” or “Cardmember” or “your” means the Cardmember whose name appears on the American Express Card.

"Device” means, including but not limited to, any smart phone, tablet, smart watch or any other compatible device for the Wallet System use, which AEME decides to be eligible to register the Cards issued by AEME for Wallet System use.

“iOS Device” refers to any of Apple's hardware that runs on the iOS mobile operating system

“Supported iOS Device” payment-supported iOS devices commercialized by Apple from time to time

“Mobile Cards” - virtual representations of your Cards in Apple Pay or Cards created in Apple Pay

“Passcode” means the secret code required to open any Device, including passwords, pass patterns or recognitions, i.e. Touch ID or Face ID, (where applicable), depending on the settings set by the
Customer.

“Third Party” means Apple – the main Wallet Service provider, which the Customer is able to pay with or any third party engaged by or associated with Apple.

“Wallet Service” or Wallet System” is a payment service through a mobile phone and third party wallet service that enables users to pay for goods and services using certain devices and Cards registered on these Devices.

APPLE PAY USAGE

Apple Pay enables you to create virtual representations of your Cards on your Supported iOS Device that will permit you to use your supported iOS Device to make: (i) contactless payments at merchants’ contactless-enabled point-of-sale terminals or readers that accept contactless payments using a Mobile Card (in lieu of you presenting your physical Card) and (ii) in-app or other digital commerce payments at merchants participating in the Apple Payment Services. You agree to use the Mobile Card only with a Supported iOS Device properly equipped with Apple Pay and to comply with all terms and conditions applicable to the Apple Payment Services. You should know that not all Supported iOS Devices permit both contactless payments and in-app payments. Please contact Apple if you have questions about the Supported iOS Devices that can be used with the Apple Payment Services.

When you select a Card to use with Apple Pay, certain account information for that Card will be transmitted to and stored within your Supported iOS Device to facilitate your participation in Apple Payment Services. Once the account information for a Card has been stored on your Supported iOS Device, it is represented by a Mobile Card within Apple Pay. By selecting a Mobile Card and placing your Supported iOS Device near a merchant's contactless-enabled point-of-sale terminal or reader or using that Mobile Card for an in-app purchase, you are authorizing the payment for the merchant's products or services with that Mobile Card through the Apple Payment Services. To complete transactions above a certain amount, merchants may require presentation of a physical companion Card. Once created, a Mobile Card may work even if you do not have wireless service.

Apple Pay also provides you access to information related to the Cards that have been added to your Supported iOS Device. Depending on your Supported iOS Device, this may include information about Card cancellation or suspension due to issues such as an expired Card, detection of fraud or past due payments.

For each Card added to Apple Pay, you may also view (except in its smart watch category under the Device viz., Apple Watch) the last 10 purchase transactions made by you on that Card, whether or not made using the Supported iOS Device, but not the transactions made by any Supplementary Cardmember on your Card account.

Purchases or other transactions you make with any of your Mobile Card are governed by the Cardmember Agreement for the Card you used to create your Mobile Card. If a problem arises with the product or service you purchased through use of the Mobile Card, you first should try to resolve the problem directly with the merchant, but you may also have rights under your Cardmember Agreement or otherwise under applicable law (with limited rights to dispute your purchase transaction).

Apple Pay Usage is your usage of Apple Pay service with a particular payment tool that is governed by these terms and conditions and in accordance with AEME applicable terms and privacy policies for your payment tool. Nothing in these Terms constitutes a basis for changing such terms and privacy policies. You hereby agree to allow Apple Pay to obtain information Apple Pay Usage is your usage of Apple Pay service with a particular payment tool that is governed by these terms and conditions and in accordance with AEME applicable terms and privacy policies for your payment tool. Nothing in these Terms constitutes a basis for changing such terms and privacy policies. You hereby agree to allow Apple Pay to obtain information from us of your payment instrument in order to view the details of your full purchase transactions as well as your recent purchase history in Apple Pay. You hereby acknowledge that you will not use Apple Pay for unlawful or fraudulent purposes or in violation of applicable laws and regulations. You acknowledge and agree not to interfere with, disable, or abuse Apple Pay (directly or indirectly), including all servers, networks, or associated infrastructure. You acknowledge full responsibility for your activities executed through the device where you downloaded Apple Pay app. The scope of liability extends to cover each case of misuse resulting in damage to Apple Pay and related payment systems. You acknowledge that Apple Pay app is for your personal use. You acknowledge that when you use your Card, the Consumer Device Cardholder Verification Method (CDCVM) for verifying your identity to complete the payment process will replace your Card’s PIN number. This verification method will be replaced by other accepted methods in the IOS operating system includes, but is not limited to: facial recognition, fingerprint recognition, pattern recognition, and so on. It is your sole responsibility as the owner of the device to protect such details from unauthorized individuals to prevent fraudulent transactions on your Card.  AEME is not responsible for any unauthorized transactions executed by third parties through Apple Pay, and not through the actual device / account holder.

Your Cards can be removed from Apple Pay app and/or made unusable in case: (1) you delete it from Apple Pay; and/or (2) you erase all content and settings of your device using the IOS Device Manager application; and/or (3) you delete Apple Pay app; and/or (4) AEME or the Payment Network directed instructions to remove the payment tool from Apple Pay app; and/or (5) validity of your identity; and/or (6) there are any other causes impeding the operation of those Cards.

You hereby acknowledge that you use Apple Pay to the permitted Apple Payments service limits on your purchases, and AEME has the right to adjust the limits of purchases without prior notice

ELIGIBILITY

You may use any American Express Card which is under your name to create a Mobile Card for use with Apple Pay. We may allow you to add the same Card to a number of other Devices. Your Device provider may impose limitations or restrictions to Apple Pay or have minimum software and hardware requirements.

THIRD PARTY AGREEMENTS

AEME does not own, operate, or control Apple Pay (including the Wallet), and is not responsible for any service provided to you by Apple or by any third party engaged by Apple. We likewise are not responsible for any information or other services provided to you by Apple or any other third parties associated with the Apple Pay service. We are not liable for any failure or performance of the Apple Pay service.

You understand that these Terms of Use govern between AEME and you, your access to and your use of your Mobile Card. Apple, your wireless carrier, and other third party services or websites incorporated in the Apple Payment Services 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.

You will be responsible for all fees that may be imposed by non-AEME parties in connection with your use (such as data usage or text messaging charges imposed on you by your wireless carrier) and be subject to any restrictions those third parties may impose.

INFORMATION SECURITY

You are solely responsible for keeping your devices safe and maintaining the confidentiality of your Apple User ID, Apple passwords, PINs and any other means that you may from time to time have to access the application.  If you share these credentials or your Device with any other person, they may be able to use your Mobile Card(s) and get access to your personal and payment information available through the Apple Payment Services which may result in unauthorized payments.

You are also responsible for alerting Us if you are aware that there are risks to the security of information in the Apple Pay application or your Card information. It is your responsibility to keep your Card information confidential in order to avoid unauthorized transactions as a legitimate Cardmember. When you perform a transaction, you acknowledge that you are the authorized user of the Device using your Card number in Apple Pay application.

Call Us immediately at the AEME Customer Services telephone number printed on the back of your American Express Card if you believe your Supported iOS Device or authentication credentials have been lost, stolen or compromised in any way or an unauthorized person has used or may use your credentials without authorization.

• If you believe somebody else knows any security information that you use for Apple Pay or your device, you should change your credentials immediately to avoid any unauthorized use of a Mobile Card or of your personal information.

• If you get a new Supported iOS Device, please be sure to delete all your Mobile Cards and other personal information from your prior Supported iOS Device.

• Don’t install or use an unauthorized modification of iOS. This could have had its features changed in order to work, which may make it less secure, and means that fraudsters could access your device and steal your information or money.

• Don’t tell anyone your passcode or any other security details. AEME will never request from its Cardmembers such information so please refrain from sharing those details with anyone.

• AEME holds no responsibility for any loss or fault that results due to not following abovementioned security guidelines.

Apple Pay and your supported iOS Device may contemplate certain security features and procedures to protect against unauthorized use of any of your Mobile Card(s). These features and procedures are the sole responsibility of Apple. You agree not to disable any of these security features and to use these security features and procedures to safeguard all your Mobile Cards.

SUSPENSION OF CARD

We reserve the right to block, restrict, suspend or terminate your use of any Mobile Card within the Apple Pay Service. We may take these actions at any time and for any reason, such as if you violate these Terms of Use or any of your Card Member Agreements, if we suspect fraudulent activity or as a result of the cancellation or suspension of your Eligible Card account, if your Device becomes lost or stolen, or if applicable laws change.  You agree that we will not be liable to you or any third party for any block, suspension, cancellation or termination of your use of any Mobile Card.

AEME may disqualify a Mobile Card or discontinue providing any services to any individual suspected of violating these Terms of Use or the Third Party Agreements related to the Apple Payment Services in its sole and absolute discretion within the framework of applicable law.

PRIVACY

Apple Pay privacy policy describes the controls to be taken into consideration when dealing with personal information upon using Apple Pay service. Your use of Apple Pay Service is governed by the terms of Apple Pay Terms of Service, which describe in more details the services covered by this privacy policy. The terms in bold that are not defined in Apple Pay privacy policy shall bear the meanings assigned to them in Apple Pay Terms & Conditions.

The Information We Collect

In addition to the information written in the Card, we may collect the following information:

Registration Information: When you sign up for Apple Pay, you create a link between Apple Pay platform and your Card. During registration you may be asked to provide the following information: Card number to be added, expiry date, CVV. In some cases, you may also be required to submit additional information or answer additional questions to help verify your identity.

The Information we share

We will only share your personal information in the following cases:

• Where appropriate, on processing your transactions and maintaining your account.

• Notifying unregistered merchants, when you visit their websites or use their apps, whether you have an Apple Pay account that can be used to pay them.

• In the event that such information is requested by any governmental entity under judicial order and as requested by the regulatory authorities.

• When you visit a website or use an app for a merchant, the merchant may check to see if you have an Apple Pay Wallet that has an acceptable payment method (when the Customer registers the Card in Apple Pay, a virtual card number will be generated for Apple Pay usage only, so the Card number and details will not be exposed to the merchant.) So, that can be used to reduce the likelihood of showing unusable properties on that website or app. This privacy policy does not include any information provided directly to/from an unregistered merchant or on his website/app, and we are not responsible for the privacy practices and security precautions of merchants or other third parties you have decided to share your personal information directly with. We advise you to review our privacy policies for any external party decides to share your personal information directly with him.

What Others Collect

As stated in the Third Party Agreements section above, AEME is not responsible for the Apple Payment Services or any other services offered by your wireless carrier or any third party. Accordingly, any information you provide to Apple through Apple Pay, or that is collected or accessed by Apple in the course of your use of a Mobile Card or Apple Pay, is subject to Third Party Agreements, and is not governed by our Privacy Statement or these Terms of Use.

LIMITATION OF LIABILITY

Except as otherwise provided by law, in no event shall AEME, its direct or indirect subsidiaries, affiliates, agents, employees or representatives be liable for death, personal injury, property damage, or any incidental, special, indirect, punitive, exemplary or consequential 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 these terms of use or in any way related to your use or inability to use any mobile card, however caused, regardless of the theory of liability (contract, tort or otherwise) and even if we have been advised of the possibility of such damages. The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.

Nothing in these terms of use shall operate so as to exclude or limit our or our suppliers' liability for any liability which cannot be excluded or limited by applicable law.

INDEMNIFICATION

You agree to indemnify, defend, and hold AEME from and against any and all claims, actions, damages, liabilities, costs, and expenses, including reasonable attorneys' fees, arising out of your use of the Apple Pay Service, any negligent or intentional action or inaction, and/or any breach of the Terms of Use of this agreement. You agree that this paragraph shall survive the termination of this agreement for any reason.

COMMUNICATION

As a condition of you activating and using your Card for Apple Pay, you agree to receive certain Service-related messages, notices and other communications about your Service status from us on your Device through various channels including but not limited to emails, SMS, Push Notifications, messaging capabilities of Apple Pay etc.

GOVERNING LAW

These Terms & Conditions, Your use of any Mobile Card and any claim or dispute arising from or relating to these Terms & Conditions or Your use of any Mobile Card are governed and construed by the laws of the courts of the Kingdom of Bahrain.

DISCLAIMER OF WARRANTIES

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE USE OF ANY MOBILE CARD IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY MOBILE CARD IS PROVIDED TO YOU "AS IS" AND "AS AVAILABLE", WITH ALL DEFECTS THAT MAY EXIST FROM TIME TO TIME AND WITHOUT WARRANTY OF ANY KIND, AND AMEX, ON BEHALF OF ITSELF AND ITS SUPPLIERS, HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO ANY MOBILE CARD, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. WE, ON BEHALF OF OURSELVES AND OUR SUPPLIERS, ALSO DO NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF ANY MOBILE CARD, OR THAT THE FUNCTIONS CONTAINED IN, OR SERVICES PERFORMED OR PROVIDED BY, A MOBILE CARD WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OR AVAILABILITY OF A MOBILE CARD WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN A MOBILE CARD WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY AMEX, ANY OF ITS AUTHORIZED REPRESENTATIVES OR ANY THIRD PARTY SHALL CREATE ANY WARRANTY.

ACCESS, USE AND MAINTENANCE OF A MOBILE CARD DEPENDS ON THE APPLE PAYMENT SERVICES AND THE NETWORKS OF WIRELESS CARRIERS. AMEX DOES NOT OPERATE THE APPLE PAYMENT SERVICES OR SUCH NETWORKS AND HAS NO CONTROL OVER THEIR OPERATIONS. WE WILL NOT BE LIABLE TO YOU FOR ANY CIRCUMSTANCES THAT INTERRUPT, PREVENT OR OTHERWISE AFFECT THE FUNCTIONING OF ANY MOBILE CARD, SUCH AS UNAVAILABILITY OF THE APPLE PAYMENT SERVICES OR YOUR WIRELESS SERVICE, COMMUNICATIONS, NETWORK DELAYS, LIMITATIONS ON WIRELESS COVERAGE, SYSTEM OUTAGES, OR INTERRUPTION OF A WIRELESS CONNECTION. AMEX DISCLAIMS ANY RESPONSIBILITY FOR THE APPLE PAYMENT SERVICES OR ANY WIRELESS SERVICE USED TO ACCESS, USE OR MAINTAIN A MOBILE CARD.

USE OF A MOBILE CARD INVOLVES THE ELECTRONIC TRANSMISSION OF PERSONAL INFORMATION THROUGH THIRD PARTY CONNECTIONS. BECAUSE WE DO NOT OPERATE OR CONTROL THESE CONNECTIONS, WE CANNOT GUARANTEE THE PRIVACY OR SECURITY OF THESE DATA TRANSMISSIONS. ADDITIONALLY, YOUR SUPPORTED iOS DEVICE'S BROWSER IS GENERALLY PRE-CONFIGURED BY YOUR WIRELESS CARRIER. CHECK WITH APPLE AND YOUR WIRELESS CARRIER FOR INFORMATION ABOUT THEIR PRIVACY AND SECURITY PRACTICES. FOR PERSONAL OR CONFIDENTIAL INFORMATION SENT TO OR FROM AMEX OVER THE INTERNET FROM YOUR SUPPORTED iOS DEVICE, WE RESERVE THE RIGHT TO LIMIT SUCH CONNECTIONS TO "SECURE SESSIONS" THAT HAVE BEEN ESTABLISHED USING TRANSPORTATION LAYER SECURITY OR OTHER SECURITY STANDARDS WE SELECT.

WE MAKE NO GUARANTEES ABOUT THE INFORMATION SHOWN IN THE APPLE PAYMENT SERVICES. WE ALSO ARE NOT RESPONSIBLE FOR YOUR SUPPORTED iOS DEVICE OR THE SOFTWARE OR HARDWARE IT CONTAINS AND MAKE NO REPRESENTATIONS, WARRANTIES, OR GUARANTEES REGARDING THE SAME.

This Card is issued by AMEX (Middle East) B.S.C. (c) pursuant to a license from American Express.

American Express is a registered trademark of American Express.

AMEX (Middle East) B.S.C. (c) is regulated and licensed by the Central Bank of Bahrain as a Financing Company.