Common use of Communicating with You Clause in Contracts

Communicating with You. We may communicate with you, the business and any Employee Card Members by any commonly used method of communication, including by mail or otherwise delivered to you at the address which is maintained in our records for your account, telephone, mobile phone, email, SMS, facsimile, posting on an American Express website (including xxxxxxxxxxxxxxx.xxx.xx or within your online account on such a website), through links provided on a statement or other notice, using other electronic communication channels or any combination of these. To access communications provided through your online account, you must register and select a User ID and Password. Our communications with you, the business and any Employee Card Members may include account servicing messages, statements, disclosures, notices (which includes changes to this agreement) and collection notices, alerts, information about products and services and other communications. Statements, changes to this agreement and regulatory disclosures and notices will be sent in writing and will be mailed or delivered to you, the business and any Employee Card Members at the address which is maintained in our records for your account unless you enrol to receive such communications electronically. If you enrol to receive such statements, disclosures and notices electronically, you agree that: • we may stop sending you paper versions of these communications; • these communications will be considered to have been provided in writing; and • it is your responsibility to access and check your electronic communications regularly for statements and other communications. You may withdraw your enrolment in an electronic statement service at any time and request that we send you paper statements and these other communications by contacting us. All mailed communications that we send to you will be deemed to have been received by you seven business days after the date of the mailing unless you actually receive it earlier or when received in the case of a communication delivered by hand. All electronic communications that we provide, including a statement, will be deemed to have been received by you on the day that we send the notification email or SMS, post the electronic communication and/or make the communication available within your online account, even if you do not access the electronic communication for any reason. You must inform us immediately if you change the address or other contact information (such as postal or email address, telephone or mobile phone number) you have given to us, including any changes to Employee Card Member details. If we have been unable to deliver any statements or other communications or these have been returned, we may stop attempting to communicate with you until we receive accurate contact information. We are not responsible for any failure to receive any communication (including a statement) if we send it to the address or in accordance with other contact information for your account appearing in our records or if we do not send the communication because previous communications have been undeliverable. You must inform us if you want an address or other contact information to apply to more than one account with us. You must also inform us of any changes to other information previously provided to us such as information you provided when you applied for your account. You also agree to give us any additional information and support documentation that we request or as required by law. Where the Business Operates as a Trust If the business operates as a trust: • this agreement binds the business personally and as trustee of that trust; and • you must use the Card for business purposes of the trust only. You and the business also represent and warrant to us that: • the trust is validly formed and any relevant trust document is valid and complies with the law; • the business is properly appointed as sole trustee of the trust; • the business has always complied, and will comply, with the terms of the trust and its duties and powers as trustee; • the business has power to enter into this agreement and to perform its obligations as trustee of the trust; • the entry by the business into this agreement is for proper trust purposes; • the business has a full right of indemnity from the trust assets in respect of all charges, liabilities and obligations under this agreement; and • the business is entitled to use trust assets to meet any of your or the business’s obligations under this agreement, ahead of any rights of any of the beneficiaries. You and the business will be in default if any of the following events happen: • the trust is held by a court not to have been properly constituted or you or the business concede that the trust has not been properly constituted; • the trust terminates or the beneficiaries of the trust resolve to terminate the trust; • the business ceases to hold the trust assets or property in its name or it ceases to be trustee; or • the business commits a breach of trust which, in our opinion, is material. You and the business agree to notify us in writing immediately if any of the above events of default occur. No waiver of our rights 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.

Communicating with You. We may communicate with you, the business and any Employee Card Members you by any commonly used method of communication, communication including by mail or otherwise delivered to you at the address which is maintained in our records for your account, telephone, mobile phone, email, SMS, facsimile, posting on an American Express website (including xxxxxxxxxxxxxxx.xxx.xx xxx.xxxxxxxxxxxxxxx.xxx.xx or within your online account on such a website), through links provided on a statement or other notice, using other electronic communication channels or any combination of these. To access communications provided through your online account, you must register and select a User ID and Password. Our communications with you, the business and any Employee Card Members you may include account servicing messages, statements, disclosures, notices (which includes include changes to this agreement) agreement and collection notices), alerts, information about products and services and other communications. Statements, changes to this agreement and regulatory disclosures and notices will be sent to you in writing and will be mailed or delivered to you, the business and any Employee Card Members you at the address which is maintained in our records for your account unless you enrol to receive such communications electronically. If you enrol to receive such statements, disclosures and notices electronically, you agree that: • we may stop sending you paper versions of these communications; • these communications will be considered to have been provided in writing; and • it is your responsibility to access and check your electronic communications regularly for statements and other communications. You may withdraw your enrolment in an electronic statement service at any time and request that we send you paper statements and these other communications at any time by contacting us. All mailed communications that we send to you will be deemed to have been received by you seven 7 business days after the date of the mailing unless you actually receive it earlier or when received in the case of a communication delivered by hand. All electronic communications that we provide, provide including a statement, statement will be deemed to have been received by you on the day that we send the notification email or SMS, post the electronic communication and/or make the communication available within your online accountaccount even if you do not access the electronic communication for any reason, and/or post the electronic communication even if you do not access the electronic communication for any reason. You must inform us immediately if you change the address or other contact information (such as postal or email address, telephone or mobile phone number) you have given to us, including any changes to Employee supplementary Card Member details. If we have been unable to deliver any statements or other communications or these have been returned, we may stop attempting to communicate with you until we receive accurate contact information. We are not responsible for any failure to receive any communication (including a statement) if we send it to the address or in accordance with other contact information for your account appearing in our records or if we do not send the communication because previous communications have been undeliverable. You must inform us if you want an address or other contact information to apply to more than one account with us. You must also inform us of any changes to other information previously provided to us such as information you provided when you applied for your account. You also agree to give us any additional information and support documentation that we request or as required by law. Where the Business Operates as a Trust If the business operates as a trust: • this agreement binds the business personally and as trustee of that trust; and • you must use the Card for business purposes of the trust only. You and the business also represent and warrant to us that: • the trust is validly formed and any relevant trust document is valid and complies with the law; • the business is properly appointed as sole trustee of the trust; • the business has always complied, and will comply, with the terms of the trust and its duties and powers as trustee; • the business has power to enter into this agreement and to perform its obligations as trustee of the trust; • the entry by the business into this agreement is for proper trust purposes; • the business has a full right of indemnity from the trust assets in respect of all charges, liabilities and obligations under this agreement; and • the business is entitled to use trust assets to meet any of your or the business’s obligations under this agreement, ahead of any rights of any of the beneficiaries. You and the business will be in default if any of the following events happen: • the trust is held by a court not to have been properly constituted or you or the business concede that the trust has not been properly constituted; • the trust terminates or the beneficiaries of the trust resolve to terminate the trust; • the business ceases to hold the trust assets or property in its name or it ceases to be trustee; or • the business commits a breach of trust which, in our opinion, is material. You and the business agree to notify us in writing immediately if any of the above events of default occur. No waiver of our rights 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.

Communicating with You. We may communicate with you, the business and any Employee Card Members by any commonly used method of communication, including by mail or otherwise delivered to you at the address which is maintained in our records for your account, telephone, mobile phone, email, SMS, facsimile, posting on an American Express website (including xxxxxxxxxxxxxxx.xxx.xx or within your online account on such a website), through links provided on a statement or other notice, using other electronic communication channels or any combination of these. To access communications provided through your online account, you must register and select a User ID and Password. Our communications with you, the business and any Employee Card Members may include account servicing messages, statements, disclosures, notices (which includes changes to this agreement) and collection notices, alerts, information about products and services and other communications. StatementsThis agreement, statements, changes to this agreement and regulatory disclosures and notices will be sent in writing and will be mailed or delivered to you, the business and any Employee Card Members at the address which is maintained in our records for your account unless you enrol to receive such communications electronically. If you enrol to receive such statements, disclosures and notices electronically, you agree that: • we may stop sending you paper versions of these communications; • these communications will be considered to have been provided in writing; and • it is your responsibility to access and check your electronic communications regularly for statements and other communications. You may withdraw your enrolment in an electronic statement service at any time and request that we send you paper statements and these other communications by contacting us. All mailed communications that we send to you will be deemed to have been received by you seven business days after the date of the mailing unless you actually receive it earlier or when received in the case of a communication delivered by hand. All electronic communications that we provide, including a statement, will be deemed to have been received by you on the day that we send the notification email or SMS, post the electronic communication and/or make the communication available within your online account, even if you do not access the electronic communication for any reason. You must inform us immediately if you change the address or other contact information (such as postal or email address, telephone or mobile phone number) you have given to us, including any changes to Employee Card Member details. If we have been unable to deliver any statements or other communications or these have been returned, we may stop attempting to communicate with you until we receive accurate contact information. We are not responsible for any failure to receive any communication (including a statement) if we send it to the address or in accordance with other contact information for your account appearing in our records or if we do not send the communication because previous communications have been undeliverable. You must inform us if you want an address or other contact information to apply to more than one account with us. You must also inform us of any changes to other information previously provided to us such as information you provided when you applied for your account. You also agree to give us any additional information and support documentation that we request or as required by law. Where the Business Operates as a Trust If the business operates as a trust: • this agreement binds the business personally and as trustee of that trust; and • you must use the Card for business purposes of the trust only. You and the business also represent and warrant to us that: • the trust is validly formed and any relevant trust document is valid and complies with the law; • the business is properly appointed as sole trustee of the trust; • the business has always complied, and will comply, with the terms of the trust and its duties and powers as trustee; • the business has power to enter into this agreement and to perform its obligations as trustee of the trust; • the entry by the business into this agreement is for proper trust purposes; • the business has a full right of indemnity from the trust assets in respect of all charges, liabilities and obligations under this agreement; and • the business is entitled to use trust assets to meet any of your or the business’s obligations under this agreement, ahead of any rights of any of the beneficiaries. You and the business will be in default if any of the following events happen: • the trust is held by a court not to have been properly constituted or you or the business concede that the trust has not been properly constituted; • the trust terminates or the beneficiaries of the trust resolve to terminate the trust; • the business ceases to hold the trust assets or property in its name or it ceases to be trustee; or • the business commits a breach of trust which, in our opinion, is material. You and the business agree to notify us in writing immediately if any of the above events of default occur. No waiver of our rights 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.

Communicating with You. We may communicate with you, the business and any Employee Card Members you by any commonly used method of communication, communication including by mail or otherwise delivered to you at the address which is maintained in our records for your account, telephone, mobile phone, email, SMS, facsimile, posting on an American Express website (including xxxxxxxxxxxxxxx.xxx.xx xxx.xxxxxxxxxxxxxxx.xx.xx or within your online account on such a website), through links provided on a statement or other notice, using other electronic communication channels or any combination of these. To access communications provided through your online account, you must register and select a User ID and Password. Our communications with you, the business and any Employee Card Members you may include account servicing messages, statements, disclosures, notices (which includes include changes to this agreement) agreement and collection notices), alerts, information about products and services and other communications. Statements, changes to this agreement and regulatory disclosures and notices will be sent to you in writing and will be mailed or delivered to you, the business and any Employee Card Members you at the address which is maintained in our records for your account unless you enrol to receive such communications electronically. If you enrol to receive such statements, disclosures and notices electronically, you agree that: • we may stop sending you paper versions of these communications; • these communications will be considered to have been provided in writing; and • it is your responsibility to access and check your electronic communications regularly for statements and other communications. You may withdraw your enrolment in an electronic statement service at any time and request that we send you paper statements and these other communications at any time by contacting us. All mailed communications that we send to you will be deemed to have been received by you seven 7 business days after the date of the mailing unless you actually receive it earlier or when received in the case of a communication delivered by hand. All electronic communications that we provide, provide including a statement, statement will be deemed to have been received by you on the day that we send the notification email or SMS, post the electronic communication and/or make the communication available within your online accountaccount even if you do not access the electronic communication for any reason, and/or post the electronic communication even if you do not access the electronic communication for any reason. You must inform us immediately if you change the address or other contact information (such as postal or email address, telephone or mobile phone number) you have given to us, including any changes to Employee Card Member supplementary cardmember details. If we have been unable to deliver any statements or other communications or these have been returned, we may stop attempting to communicate with you until we receive accurate contact information. We are not responsible for any failure to receive any communication (including a statement) if we send it to the address or in accordance with other contact information for your account appearing in our records or if we do not send the communication because previous communications have been undeliverable. You must inform us if you want an address or other contact information to apply to more than one account with us. You must also inform us of any changes to other information previously provided to us such as information you provided when you applied for your account. You also agree to give us any additional information and support documentation that we request or as required by law. Where the Business Operates as a Trust If the business operates as a trust: • this agreement binds the business personally and as trustee of that trust; and • you must use the Card for business purposes of the trust only. You and the business also represent and warrant to us that: • the trust is validly formed and any relevant trust document is valid and complies with the law; • the business is properly appointed as sole trustee of the trust; • the business has always complied, and will comply, with the terms of the trust and its duties and powers as trustee; • the business has power to enter into this agreement and to perform its obligations as trustee of the trust; • the entry by the business into this agreement is for proper trust purposes; • the business has a full right of indemnity from the trust assets in respect of all charges, liabilities and obligations under this agreement; and • the business is entitled to use trust assets to meet any of your or the business’s obligations under this agreement, ahead of any rights of any of the beneficiaries. You and the business will be in default if any of the following events happen: • the trust is held by a court not to have been properly constituted or you or the business concede that the trust has not been properly constituted; • the trust terminates or the beneficiaries of the trust resolve to terminate the trust; • the business ceases to hold the trust assets or property in its name or it ceases to be trustee; or • the business commits a breach of trust which, in our opinion, is material. You and the business agree to notify us in writing immediately if any of the above events of default occur. No waiver of our rights 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.