a.For all In-Person Charges the Card must be presented and you must:
i.not accept a Card that is visibly altered or mutilated, or presented by anyone other than the Cardmember, and, if a Transaction is declined, you must notify the Cardmember immediately;
ii.follow the Card acceptance steps outlined below in Subsection 2.1.1, " Chip Cards" through Subsection 2.1.6, " Unattended Terminals" as applicable; and
iii.obtain an Authorisation.
a.For Chip and personal identification number (PIN) Countries and Chip Only Countries, as indicated in Chapter 4, "Country Specific Policies", you must ensure that your POS Systems accepts Chip Cards, and follow the procedures below.
i.When presented with a Chip Card, the Card must be inserted into the reader of the POS System (unless the Charge is processed through Contactless Technology, in which case you must follow the steps outlined in Subsection 2.1.5, " Contactless" ).
ii.If you are in a Chip and PIN Country, the POS System must capture Chip Card Data and the POS System should advise the Cardmember to enter the PIN (a “Chip and PIN Transaction”) or any other Cardholder Verification Method (CVM), excluding Cardmember signature. Upon such advice, your Establishment must ensure that the Cardmember completes the applicable CVM when prompted by the POS System. In a Chip Only Country, the POS System may also advise for the Cardmember to enter a CVM. In a Chip Only Country, if you choose to obtain a Cardmember signature, see Subsection 2.1.3, " Obtaining Cardmember Signature".
iii.If the Establishment is unable to complete a Chip Card Transaction due to a technical problem, the POS System should show an error message and either decline the Transaction or direct the Establishment to capture full magnetic stripe data by following the procedure for non-Chip Card Transactions (See Subsection 2.1.2, " Non-Chip Cards").
iv.If your Establishment swipes a Chip Card through, or manually keys a Charge into, the POS System when no technical problem exists, the issuer may decline the Transaction and, if it does not, we may have Chargeback rights for fraudulent In-Person Charges.
v.In addition to Subsection 2.1.1. (iv), you will be liable for any losses that we may suffer and we will have Chargeback rights for fraudulent In-Person Charges, and/or we may terminate the agreement, if:
a.the POS System has not been upgraded to accept Chip Cards; or
b.you and your Processing Agent do not have the ability to capture and send Chip Card Data; or
c.we have not certified the POS System to accept Chip Transactions or Chip and PIN Transactions as indicated under EMV®1 Requirements, as specified in Chapter 4, "Country Specific Policies".
vi.In all cases, you will be liable for fraudulent Charges arising from a failure to comply with our Card acceptance procedures.
a.For In-Person Charges where the Card is not a Chip Card, or in non-Chip Countries, the POS System will provide instructions for you to swipe, and you must swipe the Card through the POS System (unless the Charge is processed through Contactless Technology, in which case you must follow the steps outlined in Subsection 2.1.5, " Contactless"). You must:
i.ensure that the Card is being used within any valid dates shown on its face;
ii.ensure that the account number on the face of the Card matches the account number on its back and there is a Card Identification Number (CID);
iii.verify that the signature panel of the Card is signed, where applicable, and is the same name as the name on its face (except for Prepaid Cards that show no name on their face);
iv.verify that the Cardmember's name and signature, if obtained, on the Charge Record matches the name and signature on the Card, or for a Prepaid Card that shows no name on its face, that the signature on the back of such Prepaid Card matches the signature on the Charge Record, if obtained; and
v.verify that the Card account number and expiration date printed on the Charge Record matches the Card account number and expiration date on the Card.
b.You may obtain the Cardmember's signature on the Charge Record. If you choose to obtain a Cardmember signature, or are required to do so by law, see Subsection 2.1.3, " Obtaining Cardmember Signature".
c.If your POS System fails then, in addition, you must seek a voice Authorisation (See Section 2.4, "Authorisation").
d.If the magnetic stripe is unreadable, the Charge may be keyed into the POS System manually and you must obtain an imprint of the Card to verify that the Card was present. A pencil rubbing or photocopy of the Card is not considered to be a valid imprint. If you do not take a manual imprint where required, and make it available to us on request, we will have Chargeback rights for such Charge.
a.Obtaining Cardmember signature on In-Person Charges is optional to complete a Charge Record, and at your discretion, unless required by Applicable Law.
b.If you choose to obtain a Cardmember signature on a manual imprint, printed, or electronic In-Person Charge, you must:
i.obtain signature on the Charge Record; and
ii.if possible, verify that the name indicated by the signature is the same as the name on the Card; and
iii.verify that the signature on the Charge Record matches the signature on the Card; except in the case of Prepaid Cards that may not include a signature.
c.You must still obtain the Cardmember’s signature for all Transactions that are made pursuant to an American Express instalment payment plan or as communicated to you from time to time that you need to do so.
a.Save as expressly set out elsewhere, Transactions conducted within the European Economic Area (EEA) will not qualify for the No CVM Programme unless it is a Contactless Transaction at an Expresspay enabled POS System. If your Establishment is located outside the EEA, you may choose not to request a CVM from Cardmembers where:
i.the Charge amount equals or is less than the value provided in the Maximum Amount for a Contact Transaction without a CVM column indicated in Chapter 4, "Country Specific Policies";
ii.the Charge submission includes the appropriate indicator to reflect the Card and the Cardmember were present at the POS System; and
iii.the Charge includes a valid Authorisation approval.
b.Under the No CVM Programme, we will not exercise Chargeback for such Charges based solely on the failure to obtain the Cardmember's CVM. Nonetheless, you are required to comply with our request for written response to a Disputed Charge related to fraud for not capturing a CVM. Even if an Establishment and a Charge qualify under the No CVM Programme, we have the right to Chargeback for reasons unrelated to the Establishment's failure to obtain a CVM from the Cardmember at the POS System. The No CVM Programme does not apply to Disputed Charges involving customer service or goods and services disputes. If we receive disproportionate numbers of Disputed Charges under the No CVM Programme, you must work with us to reduce the number of disputes. If such efforts fail, we may exercise our Chargeback rights and/or modify or terminate your participation in the No CVM Programme.
c.You may only participate in the No CVM Programme if we classify you in an industry that accepts In-Person Charges, except in the following instances:
i.Your Establishment does not conduct In-Person Charges (i.e., Internet, mail order, telephone order);
ii.We consider your Establishment to be high risk;
iii.Your Establishment is placed in the Fraud Full Recourse Programme; or
iv.We deem, in our sole discretion, your Establishment is ineligible for any other reason.
a.When presented with a Chip Card or Mobile Device to be read via Contactless Technology and the Charge is equal or less than the applicable Maximum Amount for a Contactless Transaction with No CVM set out in Chapter 4, "Country Specific Policies", you must:
i.capture the Charge Data using the Contactless reader; and
ii.obtain Authorisation;
b.If the Charge amount is over the Maximum Amount for a Contactless Transaction with No CVM, if you are unable to complete a Contactless Transaction, or if prompted by your POS System, you will need to follow the process set out in Subsection 2.1.1, " Chip Cards".
c.For Digital Wallet Contactless-initiated Transactions, a Consumer Device Cardmember Verification Method (CDCVM) is permitted if the Mobile Device and the POS System are capable of performing CDCVM. For these Charges, you must create a Charge Record as described in Section 2.5, "Charge or Credit Records", including an indicator that the Transaction is a Digital Wallet Contactless-initiated Transaction. To ensure proper POS System acceptance for Digital Wallet Contactless-initiated Transactions, you should comply with the most current American Express Contactless-enabled POS System requirements.
d.We will not exercise missing imprint, counterfeit, lost, stolen, or non-received fraud Chargebacks for Contactless or Digital Wallet Contactless-initiated Transactions if the Establishment successfully verifies the Cardmember and meets all of the criteria and requirements listed above. This does not apply to Disputed Charges involving dispute reasons other than fraud (e.g., it does not apply to goods or services disputes). Nonetheless, you are required to comply with our request for written response to a Disputed Charge related to fraud for Contactless or Digital Wallet Contactless-initiated Transactions.
e. If you have the ability to process Consumer-Presented Quick Response Code (CPQR) Transactions, you must:
i.clearly inform the Cardmember that they can pay for the purchase by generating a QR Code;
ii.use a scanning device easily accessible to the Cardmember, but placed in such a manner that there is no possibility that the Cardmember’s device is triggered due to proximity; and
iii.if the presented QR Code fails to be scanned, request:
a.the QR Code be re-presented;
b.an alternative payment method be used; or
iv.obtain an Authorisation.
a.If you have the ability to process MPQR Transactions, you must:
i.have the Cardmember use their Mobile device to scan the MPQR code;
ii.display the Quick Response (QR) code, which can be dynamic or static, for scanning by the Cardmember;
iii.ensure the MPQR Code is not altered or tampered with;
iv.receive a notification that the Transaction has been approved and check the Transaction amount is correct before providing the goods or services. If you do not receive the notification, you should contact us to confirm the status of the MPQR Transaction;
v.contact us or decline the Transaction if you are suspicious of the Cardmember or receive notification from us to do so;
vi.retain records of MPQR Transactions. These can be in the form of a notification from us, an invoice, or other documentation of the Transaction; and
vii.obtain an Authorisation.
a.We will accept Charges for purchases at your unattended POS Systems (e.g., Customer Activated Terminals (CATs) or payment kiosks) subject to the Charge Records requirements in Section 2.5, "Charge or Credit Records", and the following additional requirements. You must:
i.include in all requests for Authorisation the full magnetic stripe stream or Chip Card Data;
ii.ensure the Charge complies with the Specifications, including flagging all requests for Authorisation and all Charge submissions with a CAT indicator, where technically feasible;
iii.follow any additional Authorisation procedures that we may provide to you if you accept the Card at an unattended POS System that is part of, or attached to, a fuel dispenser; and
iv.ensure that the unattended POS System notifies the Cardmember if the Transaction is declined, where technically feasible.
b.In Chip and PIN Countries, as indicated in Chapter 4, "Country Specific Policies", if an unattended POS System is not configured for Chip and PIN Transactions then you may still accept the Card and the provisions of Subsection 2.1.1, " Chip Cards" will not apply in relation to completing the applicable CVM. However, if you do so, you will be liable for any losses and we will have Chargeback rights for fraudulent In-Person Charges made with lost, stolen and non-received Chip Cards.
c.In Chip Only Countries, as indicated in Chapter 4, "Country Specific Policies", if an unattended POS System is not configured for Chip Card Transactions you may still accept the Card. However, if you do so, you will be liable for any losses and we will have Chargeback rights for fraudulent In-Person Charges made with counterfeit Chip Cards.
1. EMV® is a registered trademark in the U.S. and other countries and an unregistered trademark elsewhere. The EMV trademark is owned by EMVCo, LLC. section 2.1.1.A.V.C.