Print - sync.americanexpress.co.uk

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Print - sync.americanexpress.co.uk
UK Programme Terms and Conditions
Last Modified: 9 June 2014
Please carefully review the following terms and conditions of your country (the “Agreement”) before
®
®
registering to receive offers through the third-party platform Foursquare and/or Xbox LIVE on Xbox
®
360 (the “Programme”). By registering for any offer displayed to you through your Foursquare or Xbox LIVE
account (each, an “Offer”), you are agreeing to be bound by this Agreement with American Express Travel
Related Services Company, Inc. (“AXP”).
The additional terms and conditions between you and the merchant which apply to specific Offers (“Offer
Terms”) will be displayed in conjunction with each Offer. Offers will be provided only to Eligible
Cardmembers (as defined below) who have registered for the Programme and agreed to be bound by this
Agreement and the Offer Terms.
Table of Contents

A. Eligibility and Registration

B. How the Programme Works

C. Information We Collect and How We Use It

D. Availability/Interruption

E. Fraudulent and Abusive Activity

F. Changes to this Agreement

G. Limitations on Liability

H. No Amendment of Existing Terms and Conditions For Cards

I. Governing Law

J. Assignment

K. Entire Agreement
o
A. Eligibility and Registration
Eligibility. To participate in the Programme or to redeem an Offer, you must meet the following eligibility
requirements:
You must be 18 years of age or older and be a valid holder of an Eligible Card registered with the
Programme. An “Eligible Card” is a valid American Express card issued in the UK by American Express
Services Europe Limited or a licensed third party issuer of cards on the American Express Network
(“Licensed Issuer”) but excluding prepaid cards, gift cards and corporate cards.
You must meet any additional eligibility requirements contained in the Offer Terms.
o
The account under which the Eligible Card is issued must be active and not in default.
o
For Foursquare, you must have an active account with Foursquare (www.foursquare.com), be able to
access Foursquare via your mobile device, and complete the steps described below to register/ connect
your Eligible Card to your Foursquare account.
For Xbox, you must have an active account with Xbox LIVE (www.xbox.com/en-US/live), have an Xbox 360
console, and complete the steps described below to /connect your Eligible Card to your Xbox LIVE
Gamertag.
Cardmember that satisfies these requirements is referred to as an “Eligible Cardmember.”
The Eligible Card that you /connect for the Programme (whether you register for Offer(s) on Foursquare or
Xbox LIVE) is referred to as the “Registered Card”. Each Eligible Cardmember may only have one
Registered Card per Foursquare account or per Xbox LIVE Gamertag at a time. If you wish to /connect a
different Eligible Card than provided previously, you must first disconnect the current Registered Card as
described in paragraph 3 below
1.
o
o
2.
a.
b.
Connecting.
Foursquare. To rconnect your Eligible Card to your Foursquare account, you must: (1) be logged into your
Foursquare account, (2) visit the registration page located
at https://sync.americanexpress.co.uk/foursquare or such other URL as we may designate from time to time
(the “Foursquare Sync Page”), and (3) follow instructions on the Foursquare Sync Page to /connect such
Eligible Card to your Foursquare account. If you have any problems with your registration, please contact
Customer Service at https://sync.americanexpress.co.uk/foursquare/CustomerService or call the number on
the back of the Eligible Card you wish to register.
Xbox. To connect your Eligible Card to your Xbox LIVE Gamertag, you must: (1) visit the registration page
located at http://amexbox.co.uk/ or such other URL as AXP may designate from time to time (the “Xbox
Sync Page” and, together with the Foursquare Sync Page the “Registration Pages”), (2) follow instructions
on the Xbox Sync Page to register your Eligible Card, (3) receive on a “thank you” page (and in an email) an
access code and instructions to go to the Branded Destination Experience (“BDE”) within the Xbox LIVE
dashboard to provide the access code in order to complete the “sync,” (4) turn on your Xbox 360 console
and select an AXP advertisement with your controller to open a BDE ad unit, (5) opt-in to have your Xbox
LIVE Gamertag shared with AXP, and (6) enter in the access code received on both the Xbox Sync Page
and in your email. If you have any problems with your registration, please contact Customer Service
at http://amexbox.co.uk/CustomerService or call the number on the back of the Eligible Card you wish to
register.
Cancelling Your Participation in the Programme. AXP reserves the right to interrupt, restrict,
disqualify or terminate your eligibility to participate in the Programme or receive the Offers on reasonable
grounds. If we do this, we will tell you. You may withdraw your participation in the Programme by
“disconnecting your Registered Card at any time by contacting Customer Service
through http://amexbox.co.uk/CustomerService. You may withdraw your participation in the Programme on
Xbox by contacting our Customer Service representatives using the number on the back of your Registered
Card or through http://amexbox.co.uk/CustomerService. A Customer Service representative will inform you
once your disconnect is successful.
Disconnecting your Synced Card with your Foursquare account will not automatically remove your
connected Card with your Xbox LIVE account, or the other way around. For assistance, contact Customer
Service through the following URLs:
Foursquare: https://sync.americanexpress.co.uk/foursquare/CustomerService;
Xbox: http://amexbox.co.uk/CustomerService
B. How the Programme Works
1.
a.
b.
c.
Offer Notifications and Redemption.
Foursquare. Once you have completed the /connecting process, when you use your Foursquare account to
view a location for which an Offer exists, an electronic message will be sent to your mobile device through
your Foursquare account notifying you of an available Offer (such as, by way of example, a statement credit
or point of sale discount) and, if you would like to take advantage of the Offer, you must first activate certain
Offers by pressing the “Add to Card” or similar button. To redeem an Offer, you must follow the instructions
in and comply with the Offer Terms and use your Registered Card for the entire purchase described in the
Offer at the location described in the Offer, unless otherwise indicated in the Offer Terms.
Xbox. You may view available Offers in BDEs displayed on your Xbox dashboard. Once you have
completed the /connecting process, you must activate these Offers by clicking the “Load to Card” or similar
button. To redeem these Offers, you must follow the instructions in the Offer Terms that appear in the
communication containing the Offer and use your Synced Card for the entire purchase described in the Offer
at the location described in the Offer, unless otherwise indicated in the Offer Terms. There are also Offers
available based on achievements through in-game performance within a game that you play on an Xbox 360
console: for these Offers when you complete /Connecting. You become eligible to receive these Offers,
pending you are playing the game with your “synced” Xbox LIVE Gamertag on the Xbox 360 console and
reaching the stated achievement.
General. We may also provide Offers with other redemption instructions (e.g. “Redeem Online”) and
additional terms and conditions. Transactions that satisfy all the requirements specified in the Offer Terms
and this Agreement are called “Eligible Transactions.” If AXP does not receive information that identifies a
transaction as qualifying for an Offer, the transaction will not qualify for the Offer. For example, your
transaction will not qualify if: (i) the merchant uses a mobile or wireless card reader to process it; (ii) it is
made with an electronic wallet or through a third party; or (iii) it is not made directly from the merchant.
You will receive the benefit mentioned in an Offer within the timeframe stated in the Offer Terms. Statement
credits will generally be issued within three (2)-five (3) business days after the Eligible Transactions, but may
take up to two (2) billing periods to post to your account. Note that if an item is returned or an Eligible
Transaction is cancelled, a statement credit will be reversed.
2.
Please note: your ability to earn other types of rewards - such as Membership Rewards - will only be earned
in the case of Eligible Transactions, on the net balance of your spend after any statement credits have been
applied. If the Eligible Transaction is subject to interest or other charges (“Fees”), such Fees will accrue on
the total amount of the Eligible Transaction prior to the application of any statement credit, and the balance
upon which such Fees are assessed may include the gross amount of your Eligible Transaction from the
date such transaction was made (i.e., without any savings from the Offer being applied). You will be
responsible to pay amounts due as provided in the terms of your Cardmember Agreement (as defined
below).
Other Notifications. Once you have registered for the Programme, we may also send you other notifications
through your Foursquare account based on your Foursquare activity to help enhance your Programme
experience. Such notifications will not always be associated with an Offer.
C. Information We Collect and How We Use It
We use your personal information such as name, email address and account number to confirm your
eligibility for registration in the Programme and to provide you with Offers through the Programme. We also
use information you provide through Foursquare regarding your location (“Location Data”) to provide you
with relevant Offers from AXP or merchants. AXP uses your Xbox LIVE Gamertag to confirm your eligibility
for registration in the Programme via Xbox LIVE. For Foursquare and Xbox LIVE respectively, AXP will not
provide Foursquare or Microsoft Online Inc. ("Microsoft") (for Xbox) access to your account number or to any
of your other personal information. Instead, for Foursquare, AXP will create a unique identifier (“UID”) that
does not contain your account number, which will serve to identify you to Foursquare to facilitate your
participation in the Programme. For Xbox LIVE, AXP creates an access code that serves to identify you to
Microsoft, who then provide AXP with your Xbox LIVE Gamertag to facilitate your participation in the
Programme. By providing your access code in the Xbox 360 console, you are identifying to Microsoft that
you are an AXP Cardmember, and Microsoft will use this information to facilitate the process of making
Offers available to you on Xbox. We will not provide the merchant participating in the Offer with access to
this UID or to any of your personal information (including your Location Data).
Any information provided to AXP by you in connection with the Programme, such as information submitted
during registration, shall also be governed by the American Express Network Privacy Statement, available
at amexnetwork.com/ukprivacy.
D. Availability/Interruption
You acknowledge and agree that we are not responsible for performance degradation, service interruption,
or delays due to conditions on the Internet or due to any error or malfunction of the equipment, system or
services/websites provided by Foursquare or Microsoft.
You are responsible for obtaining and maintaining all telecommunications, broadband, or other equipment
(including without limitation an Xbox 360 console) and services needed to participate in the Programme and
access and use any websites provided for this purpose.
You acknowledge that AXP, Licensed Issuers, agencies, participating merchants, ISPs and service
providers shall not be liable to you if any Offer is unavailable, interrupted or suspended for any reason. If any
Offer is unavailable, or is interrupted or suspended, and you are dissatisfied with this, you may terminate this
Agreement, without prejudice to any other legal rights or remedies you may have.
AXP reserves the right to suspend, cancel or terminate any Offer if any fraud, technical failures or any other
factor impairs the integrity or proper functioning of the Offer.
AXP also reserves the right to close the Programme at any time on reasonable grounds.
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E. Fraudulent and Abusive Activity
You agree to immediately notify us if you suspect fraudulent or abusive activity is taking place in connection
with the Programme on either or both of your Foursquare or Xbox LIVE accounts. If you so notify us or we
otherwise suspect fraudulent or abusive activity, you agree to provide reasonable cooperation to us in any
fraud investigation and to use any reasonable fraud prevention measures we prescribe.
AXP reserves the right to disqualify any individual suspected of tampering with any aspect of an Offer or any
other current or prior Programme made available by AXP. AXP also reserves the right to disqualify any
individual that it reasonably believes intends to tamper with an Offer or that it believes to be acting in any
manner deemed by AXP acting reasonably to be improper or disruptive or with intent to annoy, abuse,
threaten, or harass any other person.
F. Changes to this Agreement
We may change or modify this Agreement from time to time by posting such change or modification
on https://sync.americanexpress.co.uk/Partner/Terms and we will notify you of the change or modification.
Upon modification, we will update the date indicated after “Last Modified” at the beginning of this Agreement.
If you do not agree with the current or modified Agreement, however, you must not participate in the
Programme. You may withdraw your participation in the Programme by disconnecting your Registered Card
at any time by contacting Customer Service
throughhttps://sync.americanexpress.co.uk/foursquare/CustomerService (for Foursquare)
or http://amexbox.co.uk/CustomerService (for Xbox LIVE).
G. Limitations on Liability
If we break this Agreement, we will not be liable to you for losses and costs caused by abnormal or
unforeseeable events, that we cannot reasonably control and which would have been unavoidable despite
all reasonable efforts to prevent the event happening, or resulting from us complying with any relevant
requirement under any law or regulation to which we are subject. This may include service interruptions,
delays or failures which may occur in connection with the administration of an Offer.
H. No Amendment of Existing Terms and Conditions For Cards
The terms and conditions of this Agreement and the Offer Terms do not amend or replace any terms and
conditions of the agreement governing your card account (“Cardmember Agreement”). If you have any
questions or concerns about your card account, including its status, you should call the number provided on
the back of your card or use the online customer support available at your card issuer’s website.
I. Governing Law
This Agreement is governed by the non-exclusive laws of England and the courts of England shall have nonexclusive jurisdiction over all parties to the Agreement.
J. Assignment
We may assign, transfer or sell our rights, benefits or obligations under this agreement at any time to an
American Express affiliate or to a third party. We may do this without giving you notice beforehand. Your
rights under this Agreement and your legal rights will not be affected. You are not entitled to transfer all or
any part of your rights or obligations under this Agreement to a third party.
K. Entire Agreement
This Agreement together with the Offer Terms makes up the entire agreement for your participation in the
Programme. It replaces any previous terms provided to you. If we fail to exercise any of our rights under this
Agreement, this will not be a waiver of our rights and will not prevent us from exercising them later. If any
provision of this Agreement conflicts with any applicable law or regulation, that provision will be deemed to
be modified or deleted so as to be consistent with law or regulation. This will not affect the parties’
obligations which will continue as amended.