Common use of Applicability of Laws Clause in Contracts

Applicability of Laws. 6.1 The Cardmember understands and acknowledges that it is the Cardmember’s duty to follow all laws, rules, regulations, notifications, circulars and guidelines issued by the Government of India and/or the RBI and/or any other relevant statutory authority, including without limitation the Exchange Control Rules and Regulations of the RBI (the “Exchange Control Regulations”), in relation to the use of the Card. An extract of the Exchange Control Regulations is given below for the Cardmember’s ready reference: “The utilisation of the Card will be strictly in accordance with the Exchange Control Regulations and that in the event of failure on the part of the Cardmember to comply with the regulations, he would be liable for action under the provisions of the Foreign Exchange Management Act, 1999. The onus of ensuring compliance with the regulations is on the holder of the ICC (International Credit Card). 6.2 In the event of non-compliance by Cardmember with the Exchange Control Regulations, the Cardmember may be liable for action under the Foreign Exchange Management Act, 1999 and rules and regulations framed thereunder. The Cardmember may be debarred from holding the internationally valid Credit/Charge Card, either at the instance of the Bank or the RBI. 6.3 The Card cannot be used for making payment towards foreign currency transactions in Nepal and Bhutan i.e. while using the Card in Nepal and Bhutan, the currency of the transactions should be the local currency of those countries or in Indian Rupees. The Card is valid for use both in India as well as outside India but would carry the inscription “Not valid for payment in foreign exchange in Nepal and Bhutan.” In case a Card is cancelled, whether on account of non-compliance with the Exchange Control Regulations or otherwise, the Bank will not be responsible for any attempted usage of the Card, whether in India or abroad, resulting in the Card being dishonoured and the concerned Merchant Partner would be entitled to ‘pick-up’ a cancelled Card on presentation. The Cardmember should consult his Authorized Dealer regarding his foreign exchange entitlement. 6.4 A resident Cardmember going abroad for employment or emigration would need to make all payments due on his Card in inward remittances. The Cardmember agrees and hereby authorises the Bank to convert such remittances to the Indian Rupee equivalent thereof at the then prevailing exchange rate as notified by the RBI from time to time. 6.5 The Cardmember accepts full responsibility for wrongful use in contravention of the Exchange Control Regulations and unconditionally undertakes and agrees to indemnify the Bank and keep the Bank indemnified and harmless against any loss, damage, interest, conversion or any other financial charge or any other liability whatsoever that the Bank may incur and/or suffer on account of the Cardmember committing violation of the Terms and Conditions and/or the Exchange Control Regulations and/or any other laws, rules, regulations, circulars, guidelines, notifications and instructions issued by the RBI and/or the Government of India and/or any other statutory body in respect thereof from time to time. This Clause shall survive the termination of the Terms and Conditions.

Appears in 1 contract

Samples: Cardmember Agreement

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Applicability of Laws. 6.1 The Cardmember Card Member understands and acknowledges that it is the Cardmember’s Card Member's duty to follow all laws, rules, regulations, notifications, circulars and guidelines issued by the Government of India and/or the RBI and/or any other relevant statutory authority, including without limitation the Exchange Control Rules and Regulations of the RBI (the “Exchange Control Regulations”), in relation to the use of the Card. An extract of the Exchange Control Regulations is given below for the Cardmember’s Card Member's ready reference: “The utilisation of the Card will be strictly in accordance with the Exchange Control Regulations and that in the event of failure on the part of the Cardmember Card Member to comply with the regulations, ; he would be liable for action under the provisions of the Foreign Exchange Management Act, 1999. The onus of ensuring compliance with the regulations is on the holder of the ICC (International Credit Card). 6.2 . In the event of non-compliance by Cardmember Card Member with the Exchange Control Regulations, including but not limited to online foreign exchange trading or related speculative activity on the Cardmember card, the Card Member may be liable for action under the Foreign Exchange Management Act, 1999 and rules and regulations framed thereunder. The Cardmember Card Member may be debarred from holding the internationally valid Credit/Charge Card, either at the instance of the Bank or the RBI. 6.3 . The Card cannot be used for making payment towards foreign currency transactions in Nepal and Bhutan i.e. while using the Card in Nepal and Bhutan, the currency of the transactions should be the local currency of those countries or in Indian Rupees. The Card is valid for use both in India as well as outside India but and would carry the inscription “Not valid for payment in foreign exchange in Nepal and Bhutan.” In case a Card is cancelled, whether on account of non-compliance with the Exchange Control Regulations or otherwise, the Bank will not be responsible for any attempted usage of the Card, whether in India or abroad, resulting in the Card being dishonoured and the concerned Merchant Partner would be entitled to 'pick-up' a cancelled Card on presentation. The Cardmember Card Member should consult his Authorized Dealer regarding his foreign exchange entitlement. 6.4 . A resident Cardmember Card Member going abroad for employment or emigration should necessarily inform the bank of the change in his residential status and apply for closure of his credit card. If any payment towards credit card dues is required by the Card Member after the residential status change that would need to make all payments due on his Card in inward remittancesremittances/ from his Non Resident Bank a/c (NRE/NRO/FCNR a/c). The Cardmember Card Member agrees and hereby authorises the Bank to convert such remittances to the Indian Rupee equivalent thereof at the then prevailing exchange rate as notified by the RBI from time to time. 6.5 . It is the Card Member's responsibility to inform the Bank about the change in his/her residential status. If the Card Member attains the Non-Resident Indian (NRI) status, then he/she should ensure that all payment(s) towards his/her credit card account from his/her Non-resident banking account. The Cardmember Card Member agrees and confirms that the Card Member will not make any alternative payments through cash, cheque and fund-transfers from the Card Member's saving account or any other non-NRI banking accounts. If the customer fails to comply with requirements as stated above, the bank has the sole right to block or close the card forthwith and, without notice to that effect. The Card Member accepts full responsibility for wrongful use in contravention of the Exchange Control Regulations and unconditionally undertakes and agrees to indemnify the Bank and keep the Bank indemnified and harmless against any loss, damage, interest, conversion or any other financial charge or any other liability whatsoever that the Bank may incur and/or suffer on account of the Cardmember Card Member committing violation of the Terms and Conditions and/or the Exchange Control Regulations and/or any other laws, rules, regulations, circulars, guidelines, notifications and instructions issued by the RBI and/or the Government of India and/or any other statutory body in respect thereof from time to time. This Clause shall survive the termination of the Terms and Conditions. A foreign national or expatriates holding IDBI Bank credit card will ensure that valid VISA for stay in India is furnished to IDBI Bank. In absence of valid visa, IDBI Bank has the right to forthwith block/cancel or close the Credit Card. The Card Member Terms and Conditions are to be read in conjunction with the applicable laws of land, rules, regulations and guidelines published by Regulators from time to time.

Appears in 1 contract

Samples: Co Branded Credit Cardholder Agreement

Applicability of Laws. 6.1 9.1 The Cardmember understands and acknowledges that it is the Cardmember’s 's duty to follow be in compliance with all relevant laws, rules, regulations, notifications, circulars and guidelines issued by the Government of India and/or the RBI and/or any other relevant statutory authority, including without limitation the Exchange Control Rules exchange control rules and Regulations of the relevant RBI (the “Exchange Control Regulations”), regulations in relation to the use of the Card. An extract . 9.2 Utilization of the Exchange Control Regulations is given below for the Cardmember’s ready reference: “The utilisation of the an internationally valid Card will be strictly in accordance with the Exchange Control Regulations and that in the event of failure on the part of the Cardmember to comply with the relevant regulations, he would be liable for action under the provisions of the Foreign Exchange Management Act, 1999. The onus of ensuring compliance with the regulations is on the holder of the ICC (International Credit Card). 6.2 In the event of non-compliance by Cardmember with the Exchange Control Regulations, the Cardmember may be liable for action under the Foreign Exchange Management Act, 1999 and rules and regulations framed thereunder. The Cardmember may be debarred from holding the internationally valid Credit/Charge Credit Card, either at the instance of the Bank or the RBI. 6.3 9.3 The Credit Card (International Transactions enabled) cannot be used for making payment towards foreign currency transactions in Nepal and Bhutan i.e. while using the Card in Nepal and Bhutan, the currency of the transactions should be the local currency of those countries or in Indian Rupees. The Credit Card is valid for use both in India as well as outside India but and would carry the inscription “Not valid for payment in foreign exchange in Nepal and Bhutan.” In case a Credit Card is cancelled, whether on account of non-compliance with the Exchange Control Regulations or otherwise, the Bank will not be responsible for any attempted usage of the Credit Card, whether in India or abroad, resulting in the Card being dishonoured and the concerned Merchant Partner would be entitled to 'pick-up' a cancelled Card on presentation. The Cardmember should consult his Authorized Dealer regarding his foreign exchange entitlement. 6.4 9.4 A resident Cardmember going abroad for employment or emigration should necessarily inform YES BANK of the change in his/her residential status and apply for closure of his/her Credit Card. If any payment towards Credit Card dues is outstanding, after the residential status change of the Cardmember, Cardmember would need to make all payments due on his Card in inward remittancesremittances/ from his Non Resident Bank a/c (NRE/NRO/FCNR a/c). The Cardmember agrees and hereby authorises the Bank to convert such remittances to the Indian Rupee equivalent thereof at the then prevailing exchange rate as notified by the RBI from time to time. It is the Cardmember's responsibility to inform the Bank about the change in his/her residential status. If the Cardmember attains the Non-Resident Indian (NRI) status, then he/she should ensure that all payment(s) towards his/her Credit Card Account from his/her Non-resident banking account. The Cardmember agrees and confirms that the Cardmember will not make any alternative payments through cash, cheque and fund-transfers and if the Cardmember fails to comply with requirements as stated above, YES BANK has the sole right to block or close the Credit Card forthwith and, without notice to that effect to the Cardmember. 6.5 9.5 The Cardmember accepts full responsibility for wrongful use in contravention of the Exchange Control Regulations Terms and Conditions including the violation of relevant laws, rules, regulations issued by RBI and unconditionally undertakes and agrees to indemnify the Bank and keep the Bank indemnified and harmless against any loss, damage, interest, conversion or any other financial charge or any other liability whatsoever that the Bank may incur and/or suffer on account of the Cardmember committing violation of the Terms and Conditions and/or all the Exchange Control Regulations and/or any other relevant laws, rules, regulations, circulars, guidelines, notifications and instructions issued by the RBI and/or the Government of India and/or any other statutory body in respect thereof from time to time. This Clause shall survive the termination of the Terms and Conditions. 9.6 A foreign national or expatriates holding YES BANK Credit Card will ensure that valid VISA for stay in India is furnished to the Bank. In absence of valid visa, Bank has the right to forthwith block/cancel or close the Credit Card. 9.7 The Terms and Conditions are to be read in conjunction with the applicable laws of India, rules, regulations and guidelines published by RBI and other statutory authorities/regulators from time to time.

Appears in 1 contract

Samples: Cardmember Agreement

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Applicability of Laws. 6.1 The Cardmember Card Member understands and acknowledges that it is the Cardmember’s Card Member's duty to follow all laws, rules, regulations, notifications, circulars and guidelines issued by the Government of India and/or the RBI and/or any other relevant statutory authority, including without limitation the Exchange Control Rules and Regulations of the RBI (the “Exchange Control Regulations”), in relation to the use of the Card. An extract of the Exchange Control Regulations is given below for the Cardmember’s Card Member's ready reference: “The utilisation of the Card will be strictly in accordance with the Exchange Control Regulations and that in the event of failure on the part of the Cardmember Card Member to comply with the regulations, he would be liable for action under the provisions of the Foreign Exchange Management Act, 1999. The onus of ensuring compliance with the regulations is on the holder of the ICC (International Credit Card). 6.2 . In the event of non-compliance by Cardmember Card Member with the Exchange Control Regulations, including but not limited to online foreign exchange trading or related speculative activity on the Cardmember card, the Card Member may be liable for action under the Foreign Exchange Management Act, 1999 and rules and regulations framed thereunder. The Cardmember Card Member may be debarred from holding the internationally valid Credit/Charge Card, either at the instance of the Bank or the RBI. The Card cannot be used for making payment towards foreign currency transactions in Nepal and Bhutan i. e. while using the Card in Nepal and Bhutan, the currency of the transactions should be the local currency of those countries or in Indian Rupees. The Card is valid for use both in India as well as outside India and would carry the inscription“Not valid for payment in foreign exchange in Nepal and Bhutan. 6.3 ”In case a Card is cancelled, whether on account of non-compliance with the Exchange Control Regulations or otherwise, the Bank will not be responsible for any attempted usage of the Card, whether in India or abroad, resulting in the Card being dishonoured and the concerned Merchant Partner would be entitled to 'pick-up' a cancelled Card on presentation. The Card Member should consult his Authorized Dealer regarding his foreign exchange entitlement. A resident Card Member going abroad for employment or emigration should necessarily inform the bank of the change in his residential status and apply for closure of his credit card. If any payment towards credit card dues is required by the Card Member after the residential status change that would need to make all payments due on his Card in inward remittances/ from his Non Resident Bank a/c (NRE/NRO/FCNR a/c). The Card Member agrees and hereby authorises the Bank to convert such remittances to the Indian Rupee equivalent thereof at the then prevailing exchange rate as notified by the RBI from time to time. It is the Card Member's responsibility to inform the Bank about the change in his/her residential status. If the Card Member attains the Non-Resident Indian (NRI) status, then he/she should ensure that all payment(s) towards his/her credit card account from his/her Non-resident banking account. The Card Member agrees and confirms that the Card Member will not make any alternative payments through cash, cheque and fund-transfers from the Card Member's saving account or any other non-NRI banking accounts. If the customer fails to comply with requirements as stated above, the bank has the sole right to block or close the card forthwith and, without notice to that effect. The Card cannot be used for making payment towards foreign currency transactions in Nepal and Bhutan i.e. while using the Card in Nepal and Bhutan, the currency of the transactions should be the local currency of those countries or in Indian Rupees. The Card is valid for use both in India as well as outside India but and would carry the inscription “Not inscription“Not valid for payment in foreign exchange in Nepal and Bhutan.” In ”In case a Card is cancelled, whether on account of non-compliance with the Exchange Control Regulations or otherwise, the Bank will not be responsible for any attempted usage of the Card, whether in India or abroad, resulting in the Card being dishonoured and the concerned Merchant Partner would be entitled to 'pick-up' a cancelled Card on presentation. The Cardmember Card Member should consult his Authorized Dealer regarding his foreign exchange entitlement. 6.4 . A resident Cardmember Card Member going abroad for employment or emigration should necessarily inform the bank of the change in his residential status and apply for closure of his credit card. If any payment towards credit card dues is required by the Card Member after the residential status change that would need to make all payments due on his Card in inward remittancesremittances/ from his Non Resident Bank a/c (NRE/NRO/FCNR a/c). The Cardmember Card Member agrees and hereby authorises the Bank to convert such remittances to the Indian Rupee equivalent thereof at the then prevailing exchange rate as notified by the RBI from time to time. It is the Card Member's responsibility to inform the Bank about the change in his/her residential status. If the Card Member attains the Non-Resident Indian (NRI) status, then he/she should ensure that all payment(s) towards his/her credit card account from his/her Non-resident banking account. 6.5 The Cardmember Card Member agrees and confirms that the Card Member will not make any alternative payments through cash, cheque and fund-transfers from the Card Member's saving account or any other non-NRI banking accounts. If the customer fails to comply with requirements as stated above, the bank has the sole right to block or close the card forthwith and, without notice to that effect. The Card Member accepts full responsibility for wrongful use in contravention of the Exchange Control Regulations and unconditionally undertakes and agrees to indemnify the Bank and keep the Bank indemnified and harmless against any loss, damage, interest, conversion or any other financial charge or any other liability whatsoever that the Bank may incur and/or suffer on account of the Cardmember Card Member committing violation of the Terms and Conditions and/or the Exchange Control Regulations and/or any other laws, rules, regulations, circulars, guidelines, notifications and instructions issued by the RBI and/or the Government of India and/or any other statutory body in respect thereof from time to time. This Clause shall survive the termination of theTerms and Conditions. A foreign national or expatriates holding IDBI Bank credit card will ensure that valid VISA for stay in India is furnished to IDBI Bank. In absence of valid visa, IDBI Bank has the right to forthwith block/cancel or close the Credit Card. The Card Member Terms and ConditionsConditions are to be read in conjunction with the applicable laws of land, rules, regulations and guidelines published by Regulators from time to time.

Appears in 1 contract

Samples: Secured Credit Cardholder Agreement

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