PDF American Express Credit Card Terms & Conditions

[Pages:28]American Express? Credit Card Terms &

Conditions

New Zealand

April 2021

American Express International (NZ), Inc. Financial Services Provider Number FSP43608 ? Registered Trademark of American Express Company

Postal Address American Express International (NZ), Inc. Card Member Services PO Box 4005, Shortland Street AUCKLAND 1140 New Zealand

Lost or Stolen Cards In New Zealand Telephone 0800 656 660

09 583 8126

Overseas Report your loss or theft by calling +64 [09 583 8000] (reverse charges)

Account Enquiries Telephone 0800 656 660

09 583 8126 Internet: nz

Licensed dispute resolution scheme: Financial Services Complaints Limited PO Box 5967, Lambton Quay, Wellington 6145 Phone: 0800 347 257 Email: info@.nz

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These Conditions do not contain all the Conditions of your contract with us or all the information relating to your Card. Further Conditions and information are contained in the Financial Table. This booklet sets out the respective rights and obligations of you and American Express International (NZ), Inc. concerning the American Express Credit Card offered to you. If you sign or activate the Card or use it to make a purchase, Balance Transfer or obtain a Cash Advance, you will be agreeing to these Conditions. The Financial Table and these Conditions will govern your use of the Primary Card, any Additional Card and all transactions on your Account. If you do not agree to this, please cut the Card in half and return the pieces to us as soon as possible. Please read these Conditions thoroughly. You should also ensure that each Additional Card Member reads and understands these Conditions because you will be liable for their use of the Card and all Charges they incur on the Account. American Express International (NZ), Inc. trading as American Express is a registered Financial Services Provider (FSP43608). You can check this information on the Financial Service Providers Register at t.nz. Please contact American Express if you have a complaint about our service on 0800 656 660 or write to us at:

Customer Relations Manager American Express International (NZ), Inc. PO Box 4005 AUCKLAND 1140. If you are not satisfied with the outcome of our investigation, you may pursue your complaint with our licensed dispute resolution scheme, Financial Services Complaints Limited at: Phone: 0800 347 257 Email: info@.nz Postal address: Financial Services Complaints Limited PO Box 5967, Lambton Quay, Wellington 6145

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1. Definitions

As you read these Conditions and the Financial Table, please remember that:

References to persons and Cards Additional Card means an American Express Credit Card issued to another person at your request and on your Account. Additional Card Member means a person to whom an Additional Credit Card is issued. Card means the Primary Card and each Additional Card. Merchant means a business or organisation which accepts the Card in payment for goods and/or services. Primary Card means the American Express Credit Card issued to you. We, our or us means American Express International (NZ), Inc., Incorporated in Delaware, USA. You or your means the Card Member named in the Financial Table who applied for this Account and for whom we opened the Account. Reference to you and your also include actions taken by Additional Card Members but Additional Card Members do not have any direct contractual obligations to us under this Agreement.

Other definitions Account means your Card Account with us for the Primary Card and all Additional Cards. Anniversary Period means the twelve-month period commencing the date the Account was opened and each successive twelve-month period thereafter. Annual Percentage Rate means the interest rate we charge on Charges. It is set out in the Financial Table, but may change from time to time (see Section 32 of these Conditions). Balance Transfer means a transfer of the outstanding balance of a card with another financial institution to your Account, in accordance with Section 11 of these Conditions. Cash Advance means a Cash Advance under Section 6 of these Conditions. Charge means a transaction made with the Card or charged to your Account, including a Cash Advance, Balance Transfer, Purchases, fees and charges, interest, taxes and all

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other amounts you have agreed to pay us or be liable for under these Conditions. Conditions means these American Express Credit Card Conditions and includes the Financial Table. Credit Limit means the Credit Limit for your Account initially stated in the Financial Table, and as stated in your monthly statement. Financial Table means the Financial Table which is issued to you, containing details of your Credit Limit and other information. It forms part of your contract with us. Over Limit Amount means any amount debited to the Account exceeding the Credit Limit. Periodic Transaction Limit means the total value of ATM transactions permitted in a specified period of time. Purchases means Charges in return for goods and/or services from a Merchant and any associated fees and charges. Purchases do not include Cash Advances, Balance Transfers, interest and fees.

2. Sign the Card

For identification, and to prevent misuse, you must ensure that each Card is signed by the person to whom it is issued as soon as it is received and before it is used.

3. Liability

Our Liability: Subject to applicable law, you agree that if we fail to carry out any of our obligations in connection with your Account or your use of the Card and, as a direct result, you suffer loss or costs, we will be liable to you for that loss or cost only but not otherwise. We will not be liable for consequential loss or any other loss or damage not directly and naturally resulting from the failure, including damages which may flow from special circumstances. If any warranties or conditions are implied under New Zealand Law in respect of goods or services supplied under this Agreement or in connection with your Account, then our liability for a breach of any such warranty or condition is limited to: ?in the case of goods, the replacement cost of the goods, the

supply of equivalent goods, the repair of the goods, or the cost of having the goods repaired. ?in the case of services, the supplying of the services again, or the payment of the cost of having the services supplied again.

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We are not responsible or liable to you for: ?losses or costs caused by any third party including

resulting from mechanical or systems failure affecting such third parties. ?any refusal, delay or failure by a merchant to accept the American Express cards ? declining an attempted Charge; and ?goods and services you charge to your Account, including any dispute with a merchant about goods and services you charged to your Account. Your Liability: You promise to pay us all Charges on your Account, including Charges ?you or your Additional Card Member(s) authorise even if there was no signature or card present. ?you or your Additional Card Member authorise by allowing other people to use your Account or Card. ?that occur because you breach this Agreement (for example, if you haven't taken reasonable steps to protect your Account). You must ensure that all Cards are used in accordance with these Conditions.

4. Credit Limit

Your Credit Limit is the maximum amount of credit and all Charges which you, together with all Additional Card Members, may obtain on the Account. We will set your Credit Limit based on our assessment of your circumstances. Exceeding the Credit Limit. We may approve Charges that result in your balance exceeding your Credit Limit. This does not constitute an increase in your Credit Limit. We may request that you must immediately pay us all Over Limit Amounts. These will be shown in your monthly statement. Changes to the Credit Limit. You may request us to change your Credit Limit. If we agree to your request, we will inform you of the new Credit Limit in writing. We may adjust your Credit Limit at any time without giving you prior notice, but we will advise you of this either in writing or by phone. We may impose credit limits applicable to particular types of Charges as set out in your Financial Table or otherwise notified to you (for example we may restrict the amount of your Account balance that can be made up of Cash Advances).

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5. Loyalty Programmes

We may give you the option to enrol in one of the following programmes: Membership Rewards ? An annual fee may apply for the Membership Rewards

Programme. Separate terms and conditions apply and will be sent to you upon enrolment or on request. MoneyBack ? A MoneyBack annual rebate based on the amount of all eligible Purchases that you make with the Card will be credited to you by us. See your Financial Table for details. ? No rebate will be credited in respect of amounts that are subsequently re-credited to the Account because of refunds. ? No rebate payment will be credited if, before the end of the anniversary period your Card has been closed or cancelled.

6. Cash Advances*

Obtaining Cash Advances. To obtain Cash Advances with the Card, you must have been issued a Personal Identification Number (PIN). You cannot obtain Cash Advances with the Card, without your PIN. a) Scope Of Conditions The Cash Advance Facility ("Facility") enables you and, if you wish, your Additional Card Members, to use the Card to obtain Cash Advances from Automatic Teller Machines ("ATMs") operated by any bank or other financial institution that participates in our Express CashTM Network. "Cash Advances" refers to cash obtained via the Facility from ATMs. You will be responsible under these Conditions for Cash Advances by you and by any Additional Card Member enrolled in the Facility at your request. b) Personal Identification Number ("PIN") We issue you with your own PIN. Each time you wish to use the Card in an ATM, you must enter your PIN in the machine after inserting the Card. You must take all reasonable precautions to prevent any other person from learning your PIN or using the Card. For example, you should never keep any record of your PIN with the Card or with any article which is carried with the Card or which is likely to be lost or stolen at the same time as the Card.

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c) Transaction Limits

The total amount of Cash Advances that you may be advanced or obtain using the Cash Advance Facility is limited to the percentage as stated on the Financial Table accompanying your Card, subject to the available balance on your Account. We may vary that percentage from time to time. In addition, a periodic transaction limit, stated in the Financial Table, applies to all Cash Advances. We may vary that limit or impose other limits at our discretion, based upon the status of your Account. Also, the bank or other financial institution which operates an ATM may impose its own transaction limits for security reasons or otherwise.

d) Payment

Each time you obtain Cash Advances from an ATM, your Account will be debited with the transaction amount (plus any applicable fees or charges imposed in section 7 and any bank fees). You must pay that amount in accordance with Section 10 of these Conditions.

e) Liability for System or Equipment Malfunction

If there is a malfunction of any ATM equipment or electronic funds transfer system which results in errors on the Account, we will correct such errors, including refunding charges or fees imposed in error. We have no further liability to you in relation to such malfunctions.

f) Termination

We, or any participating bank or other financial institution, may add or remove any or all ATMs from operation with the Facility or extend or limit the services provided at an ATM without notifying you beforehand. We reserve the right to discontinue the Facility but will give you written notice and comply with any legal requirements in doing so. You may terminate your participation in the Facility, by notice in writing to us. Your right to participate in the Facility will also be terminated if the Card or the Account is cancelled for any reason, or if you cancel your enrolment in the Facility. You agree to pay us for any Cash Advances or services which remain unpaid after termination in accordance with these Conditions.

g) Amendment

When we advise you of an increase in the periodic transaction limit, we will also advise you at the same time if this increases your liability in the case of unauthorised transactions.

You will be bound by any such amendment if you subsequently use the Facility. If you cancel your participation because of any amendment, you will still be

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