Common use of POSSESSION OF THE CARD Clause in Contracts

POSSESSION OF THE CARD. 9.1 For any card approved, the first time collection of any card must be collected by the Principal Cardmember. For supplementary card, third party collection must be authorised by the Principal Cardmember, via a written authorisation by the Principal Cardmember. 9.2 The Card shall remain the property of the Bank at all times and the Cardmember shall not transfer or otherwise part with the control or possession of the Card for any use or purpose unauthorised by the Bank. 9.3 The Cardmember shall take all reasonable precautions to prevent any unauthorised use loss or theft of the Card. In the event of any loss or theft of the Card, the Cardmember shall notify the Bank, or any member of American Express® or Visa International by telephone, telegram or telex immediately upon the discovery of such lost or theft and confirm the same in writing to the Bank. A police report shall be made by the Cardmember for the lost or stolen Card and certified true copy of the same shall be extended to the Bank immediately. Until and unless such written confirmation and the certified true copy of the police report have been received by the Bank, the Cardmember shall remain liable for all charges incurred prior to thereto by the use of the Card whether authorised by the Cardmember or not. The Bank may, at its sole and absolute discretion resolve that the Cardmember’s liability be limited to Ringgit Malaysia Two Hundred and Fifty (RM250.00) for those charges incurred prior to the reporting of the lost or stolen Card of the Cardmember has taken reasonable care and diligence to safe-guard the Card and reported the lost or theft of the Card immediately provided that the Cardmember has not acted fraudulently in respect of the lost or theft of the Card. 9.4 The Bank may, at the request of the Cardmember, but without being obliged in law, replace the lost or stolen Card with the following replacement fees: (a) Ringgit Malaysia Fifty (RM50.00) for each of the replacement Card on one (1) Card Account.

Appears in 3 contracts

Samples: Card Agreement, Maybank Islamic Ikhwan Visa Infinite Card I Agreement, Maybank Islamic Ikhwan Visa Infinite Card I Agreement

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POSSESSION OF THE CARD. 9.1 For any card Card approved, the first time collection of any card Card must be collected by the Principal Cardmember. For supplementary card, third party collection must be authorised by the Principal Cardmember, via a written authorisation by the Principal Cardmember. 9.2 The Card shall remain the property of the Bank at all times and the Cardmember shall not transfer or otherwise part with the control or possession of the Card for any use or purpose unauthorised by the Bank. 9.3 The Cardmember shall take all reasonable precautions & diligent to prevent any unauthorised use loss or theft of the Card. In the event of any loss or theft of the Card, the Cardmember shall notify the Bank, or any member of American Express® or Visa International by telephone, telegram or telex immediately upon the discovery of such lost or theft and confirm the same in writing to the Bank. A police report shall be made by the Cardmember for the lost or stolen Card and certified true copy of the same shall be extended to the Bank immediately. Until and unless such written confirmation and the certified true copy of the police report have been received by the Bank, the Cardmember shall remain liable for all charges incurred prior to thereto by the use of the Card whether authorised by the Cardmember or not. The Bank may, at as its sole and absolute discretion resolve that the Cardmember’s liability be limited to Ringgit Malaysia Two Hundred and Fifty (RM250.00) for those charges incurred prior to the reporting of the lost or stolen Card of if the Cardmember has taken reasonable care and diligence to safe-guard the Card and reported the lost or theft of the Card immediately as soon as reasonably practicable provided that the Cardmember has not acted fraudulently fraudulenty in respect of the lost or theft of the Card. 9.4 The Bank may, at the request of the Cardmember, but without being obliged in law, replace the lost or stolen Card with the following replacement fees: (a) Ringgit Malaysia Fifty (RM50.00) for each of the replacement Card on one One (1) Card Account.)

Appears in 2 contracts

Samples: Card Agreement, Card Agreement

POSSESSION OF THE CARD. 9.1 For any card approved, the first time collection of any card must be collected by the Principal Cardmember. For supplementary card, third party collection must be authorised by the Principal Cardmember, via a written authorisation by the Principal Cardmember. 9.2 4.1 The Card shall remain the property of the Bank at all times and times. The Card shall be used exclusively by the Cardmember. The Cardmember shall not transfer or otherwise part with the control or possession of the Card for any use or purpose unauthorised unauthorized by the Bank. The Card shall not be pledged as security for any purpose whatsoever. 9.3 4.2 The Cardmember shall take use all reasonable precautions and diligence to prevent any unauthorised use the loss or theft of the CardCard or disclosure of the PIN to any unauthorized person. In the event of any loss and/ or theft of the CardCard and/ or disclosure of the PIN to any unauthorized person. The Cardmember shall immediately upon the 4.3 In the event of loss/ theft as per clause 4.2 above and if subsequent to the loss/ theft, the Card is used by an unauthorized person, the Cardmember shall notify the Bank, or any member of American Express® or Visa International by telephone, telegram or telex immediately upon the discovery of such lost or theft and confirm the same in writing to the Bank. A police report shall be made by the Cardmember for the lost or stolen Card and certified true copy of the same shall be extended liable to the Bank immediately. Until and unless such written confirmation and the certified true copy of the police report have been received by the Bank, the Cardmember shall remain liable for all unauthorized charges incurred prior to thereto by through the use of the Card whether authorised by the Cardmember or not. The said unauthorized person until the date of receipt by the Bank may, at its sole and absolute discretion resolve that of the Cardmember’s liability be limited to Ringgit Malaysia Two Hundred and Fifty (RM250.00) for those charges incurred prior to the reporting of the lost or stolen Card of written notification specified under clause 4.2 above. If investigation discloses that the Cardmember has taken reasonable care and diligence to safe-guard is involved in the Card and reported incurring of any unauthorized charges as per clause 3.18 above, the lost Cardmember shall be liable for all the unauthorized charges incurred, whether before or theft after the Bank’s receipt of the Card immediately such written confirmation. After written notification is received, provided that the Cardmember has not acted fraudulently in respect of or has not failed to inform the Bank as soon as reasonably practicable after having found that the Card is lost or theft of stolen; the CardCardmember will be exempted from the liability for unauthorized transaction. 9.4 4.4 The Bank may, at the request of the Cardmember, Cardmember but without being obliged in law, replace the lost or stolen Card with upon payment of a fee. The replacement Card shall be subject to the following replacement fees: (a) Ringgit Malaysia Fifty (RM50.00) for each terms and conditions herein as if it was the original Card. The Cardmember shall return the Card to the Bank immediately upon its expiry or on demand by the Bank upon its cancellation, revocation or suspension by the Bank or upon discovery of the replacement Card on one (1) Card Accountafter notification of its loss, and shall not have any further right to use the Card.

Appears in 2 contracts

Samples: Terms and Conditions, Terms and Conditions

POSSESSION OF THE CARD. 9.1 For any card approved, the first time collection of any card must be collected by the Principal Cardmember. For supplementary card, third party collection must be authorised by the Principal Cardmember, via a written authorisation by the Principal Cardmember. 9.2 5.1 The Card shall remain the property of the Bank at all times and times. The Card shall be used exclusively by the Cardmember. The Cardmember shall not transfer or otherwise part with the control or possession of the Card for any use or purpose unauthorised by the Bank. The Card shall not be pledged by the Cardmember as security for any purpose whatsoever. 9.3 5.2 The Cardmember shall take use all reasonable precautions to prevent any unauthorised use the loss or theft of the Card. In the event of any loss or and/or theft of the CardCard and/or disclosure of the PIN to any unauthorised person, the Cardmember shall notify the Bank, or any member of American Express® or Visa International by telephone, telegram or telex immediately upon the discovery of such lost event notify the Bank (if such event occurred in Malaysia) or theft any member of Visa International/Mastercard Worldwide (if such event occurred overseas) by telephone, facsimile or e-mail and confirm the same in writing to the Bank. A Bank accompanied by a police report but in any case no later than seven (7) days from the happening of the event. 5.3 The Cardmember hereby irrevocably and unconditionally consents that the Bank may (but shall not be obliged to) record the telephone instructions as aforesaid in writing and/or by tape recording and/or any other method and such record of any instructions shall be made conclusive and binding on the Cardmember. The Cardmember hereby expressly consents that the telephone instructions may be so recorded and hereby acknowledges that any and/or all records maintained by the Bank shall be conclusive and binding for all purposes. 5.4 The Cardmember further agrees that the Bank shall not be under any obligation to verify the identity or the authority of any person giving the telephone instructions purportedly in the Cardmember’s name and the Bank shall be entitled to act on such instructions and shall not be liable for acting in good faith on the telephone instructions which are given by such persons regardless of the circumstances prevailing at the time of such instructions. The Cardmember accepts that in consideration of the Bank acting in accordance with such telephone instructions above or in the Cardmember consenting to the Bank tape recording all or any the Cardmember’s telephone calls with the Bank, to enable the Bank to keep the tape recording of all or any instructions given by the Cardmember for or purportedly in the lost or stolen Card and certified true copy of the same shall be extended Cardmember’s name to the Bank immediately. Until and unless such written confirmation and the certified true copy of the police report have been received by the Bank, the Cardmember hereby agrees to indemnify the Bank and keep the Bank indemnified against all losses, claims, proceedings, demands, damages, costs and expenses incurred or sustained by the Bank howsoever arising out of or in connection with all such instructions as aforesaid. 5.5 In the event of loss/theft as per Clause 5.2 above and if subsequent to the loss/theft, the Card is used by an unauthorised person, the Cardmember shall remain be liable to and indemnify the Bank for all unauthorised charges incurred prior to thereto including Finance Charge and late payment charges incurred for any goods or services supplied by merchants, and/or Cash Advances not transacted through the ATM effected through the use of the Card whether authorised by the Cardmember or not. The said unauthorised person until the date of receipt by the Bank may, at its sole and absolute discretion resolve that of the Cardmember’s liability written/verbal notification specified under Clause 5.2 above. The Cardmember shall be limited to Ringgit Malaysia Two Hundred and Fifty (RM250.00) liable for those all unauthorised charges incurred prior to in the reporting event the Cardmember has acted fraudulently, delayed in notifying the Bank as soon as reasonably practicable after having discovered the loss/theft or unauthorised use of the Card, voluntarily disclosed the PIN to another person, recorded the PIN on the Card or on anything within close proximity of the Card and which could be lost with the Card or left the Card, or an item containing the Card, unattended and/or had voluntarily allowed another person to use the Card. If investigation discloses that the Cardmember is involved in the incurring of any unauthorised charges, the Cardmember shall be liable for all the unauthorised charges incurred, including Finance Charge and late payment charges, whether before or after the Bank’s receipt of such written confirmation. It is expressly agreed that the Bank is not under a duty to ensure that the Credit Line prescribed by the Bank is not exceeded. 5.6 All claims of a lost or stolen Card of the Cardmember has taken reasonable care and diligence to safe-guard card or disputed transactions performed on the Card will be investigated by the Bank upon receipt of all relevant information and reported in accordance with BNM Guidelines and the lost or theft of Bank’s internal investigation procedures. In the Card immediately provided event the Bank finds that there has been any attempt to make false claim(s) on a disputed transaction, the Cardmember has not acted fraudulently in respect of Bank reserves the lost or theft right to lodge a police report on the false claim(s) made and/or terminate the Cardmember’s use of the Card, as the case may be, and hold the Cardmember liable for the amount of the disputed transaction(s) and all costs and expenses incurred by the Bank. 9.4 5.7 The Bank may, at the request of the Cardmember, but without being obliged in law, replace the lost or stolen Card with upon payment of the following replacement feesCard Replacement Penalty: (ai) Ringgit Malaysia Fifty (RM50.00) RM50 for each the first reported loss or theft of the Card. (ii) RM100 for the second reported loss or theft of the Card. (iii) RM150 for the third reported loss or theft of the Card. The Card shall not be replaced in the event of the fourth reported loss or theft of the Card. The replacement Card shall be subject to these terms and conditions as if it were the original Card. 5.8 When a Card that was lost or stolen is found the Cardmember shall not use the Card retrieved and shall return the same, cut into half to the Bank or remove/destroy the chip in the Card immediately upon retrieval of the Card. The Bank will be under no obligation to issue a replacement Card to a Cardmember following its loss or theft. Any replacement Card shall be subject to the Card Replacement Penalty stipulated in Clause 5.7 above. 5.9 The Cardmember shall return the Card to the Bank cut in half or remove/destroy the chip in the Card immediately upon its expiry, or upon its cancellation by the Cardmember or on one (1) demand by the Bank upon its cancellation, revocation or suspension by the Bank or upon discovery of the Card after notification of its loss and the Cardmember shall thereafter have no further right to use the Card. 5.10 Where the Card is cancelled and the Credit Card Account is closed by the Cardmember, the Bank shall refund the credit balances in the Card Account, if any, after deductions of any payments due and owing by the Cardmember on the Card Account.

Appears in 2 contracts

Samples: Cardmember Agreement, Cardmember Agreement

POSSESSION OF THE CARD. 9.1 For any card approved, the first time collection of any card must be collected by the Principal Cardmember. For supplementary card, third party collection must be authorised by the Principal Cardmember, via a written authorisation by the Principal Cardmember. 9.2 The Card shall remain the property of the Bank at all times and the Cardmember shall not transfer or otherwise part with the control or possession of the Card for any use or purpose unauthorised by the Bank. 9.3 The cardholders will be liable for card-present unauthorised transactions which require PIN/Signature verification or contactless card if you have: (a) acted fraudulently (b) delayed in notifying the Bank as soon as reasonably practicable after having discovered the loss or unauthorised use of the credit card; (c) voluntarily disclosed the PIN to another person; or allow another person to use the credit card. (d) Recorded your PIN on the card, or anything kept in close proximity with your card. (e) Left your card or item containing your card unattended in places visible and accessible to others. 9.4 The Cardmember shall take all reasonable precautions and diligence to prevent any unauthorised use loss or theft of the Card. . 9.5 In the event of any loss or theft of the Card, the Cardmember shall notify the Bank, or any member of Visa International, MasterCard International or American Express® or Visa International Express by telephone, telegram email or telex fax immediately upon the discovery of such lost loss or theft and confirm the same in writing to the Bank. . 9.6 A police report shall be made by the Cardmember for the lost or stolen Card and a certified true copy of the same shall be extended to the Bank immediately. Until and unless such written confirmation and the certified true copy of the police report have been received by the Bank, the Cardmember shall remain liable for all charges incurred prior to thereto by the use of the Card whether authorised by the Cardmember or not. The Bank may, at its sole and absolute discretion resolve that the Cardmember’s liability be limited to Ringgit Malaysia Two Hundred and Fifty (RM250.00) for those charges incurred prior to the reporting of the lost or stolen Card of the Cardmember has taken reasonable care and diligence to safe-guard the Card and reported the lost or theft of the Card immediately provided that the Cardmember has not acted fraudulently in respect of the lost or theft of the Card. 9.4 9.7 The Bank may, at the request of the Cardmember, but without being obliged in law, replace the lost or stolen Card, Card details disclosure to third party or request change of new Card number with the following replacement fees: (a) fees of Ringgit Malaysia Fifty (RM50.00RM50) for each of the replacement Card on one One (1) Card Account.)

Appears in 2 contracts

Samples: Card Agreement, Card Agreement

POSSESSION OF THE CARD. 9.1 For any card approved, the first time collection of any card must be collected by the Principal Cardmember. For supplementary card, third party collection must be authorised by the Principal Cardmember, via a written authorisation by the Principal Cardmember. 9.2 The Card shall remain the property of the Bank at all times and the Cardmember shall not transfer or otherwise part with the control or possession of the Card for any use or purpose unauthorised by the Bank. 9.3 The Cardmember shall take all reasonable precautions to prevent any unauthorised use loss or theft of the Card. In the event of any loss or theft of the Card, the Cardmember shall notify the Bank, or any member of American Expressexpress® or Visa International by telephone, telegram or telex immediately upon the discovery of such lost or theft and confirm the same in writing to the Bank. A police report shall be made by the Cardmember for the lost or stolen Card and certified true copy of the same shall be extended to the Bank immediately. Until and unless such written confirmation and the certified true copy of the police report have been received by the Bank, the Cardmember shall remain liable for all charges incurred prior to thereto by the use of the Card whether authorised by the Cardmember or not. The Bank may, at its sole and absolute discretion resolve that the Cardmember’s liability be limited to Ringgit ringgit Malaysia Two Hundred and Fifty (RM250.00rM250) for those charges incurred prior to the reporting of the lost or stolen Card of the Cardmember has taken reasonable care and diligence to safe-guard the Card and reported the lost or theft of the Card immediately provided that the Cardmember has not acted fraudulently in respect of the lost or theft of the Card. 9.4 The Bank may, at the request of the Cardmember, but without being obliged in law, replace the lost or stolen Card with the following replacement fees: (a) Ringgit ringgit Malaysia Fifty (RM50.00rM50) for each of the replacement Card on one (1) Card Account. (b) ringgit Malaysia one Hundred (rM100) for each of the subsequent replacement Cards on one (1) Card Account. Provided that the Card shall not be replaced in the event of any such reported loss or theft of the Card on one (1)

Appears in 2 contracts

Samples: Maybank Islamic Ikhwan Card I Agreement, Maybank Islamic Ikhwan Card I Agreement

POSSESSION OF THE CARD. 9.1 For any card approved, the first time collection of any card must be collected by the Principal Cardmember. For supplementary card, third party collection must be authorised by the Principal Cardmember, via a written authorisation by the Principal Cardmember. 9.2 4.1 The Card shall remain the property of the Bank at all times and times. The Card shall be used exclusively by the Cardmember. The Cardmember shall not transfer or otherwise part with the control or possession of the Card for any use or purpose unauthorised unauthorized by the Bank. The Card shall not be pledged as security for any purpose whatsoever. 9.3 4.2 The Cardmember shall take use all reasonable precautions and diligence to prevent any unauthorised use the loss or theft of the Card. the 4.3 In the event of any loss or loss/ theft of as per clause 4.2 above and if subsequent to the Cardloss/ theft, the Card is used by an unauthorized person, the Cardmember shall notify the Bank, or any member of American Express® or Visa International by telephone, telegram or telex immediately upon the discovery of such lost or theft and confirm the same in writing to the Bank. A police report shall be made by the Cardmember for the lost or stolen Card and certified true copy of the same shall be extended liable to the Bank immediately. Until and unless such written confirmation and the certified true copy of the police report have been received by the Bank, the Cardmember shall remain liable for all unauthorized charges incurred prior to thereto by through the use of the Card whether authorised by the Cardmember or notsaid unauthorized person until the date of receipt by the Bank of Cardmember’s written notification specified under clause 4.2 above. The Bank may, at its sole and absolute discretion resolve If investigation discloses that the Cardmember’s liability be limited to Ringgit Malaysia Two Hundred and Fifty (RM250.00) for those Cardmember is involved in the incurring of any unauthorized charges incurred prior to the reporting of the lost or stolen Card of as per clause 3.18 above, the Cardmember has taken reasonable care and diligence to safe-guard shall be liable for all the Card and reported unauthorized charges incurred, whether before or after the lost or theft Bank’s receipt of the Card immediately such written confirmation. After written notification is received, provided that the Cardmember has not acted fraudulently in respect of or has not failed to inform the Bank as soon as reasonably practical after having found that the Card is lost or theft of stolen; the CardCardmember will be exempted from the liability for unauthorized transaction. 9.4 4.4 The Bank may, may at the request of the Cardmember, Cardmember but without being obliged in law, replace the lost or stolen Card with upon payment of a fee. The replacement Card shall be subject to the following replacement fees: (a) Ringgit Malaysia Fifty (RM50.00) for each terms and conditions herein as if it was the original Card. The Cardmember shall return the Card to the Bank immediately upon its expiry or on demand by the Bank upon its cancellation, revocation or suspension by the Bank or upon discovery of the replacement Card on one (1) Card Accountafter notification of its loss, and shall not have any further right to use the Card.

Appears in 1 contract

Samples: Terms and Conditions

POSSESSION OF THE CARD. 9.1 For any card approved, the first time collection of any card must be collected by the Principal Cardmember. For supplementary card, third party collection must be authorised by the Principal Cardmember, via a written authorisation by the Principal Cardmember. 9.2 The Card shall remain the property of the Bank at all times and the Cardmember shall not transfer or otherwise part with the control or possession of the Card for any use or purpose unauthorised by the Bank. 9.3 The Cardmember shall take all reasonable precautions to prevent any unauthorised use loss or theft of the Card. In the event of any loss or theft of the Card, the Cardmember shall notify the Bank, or any member of American Express® or Visa International by telephone, telegram or telex immediately upon the discovery of such lost or theft and confirm the same in writing to the Bank. A police report shall be made by the Cardmember for the lost or stolen Card and certified true copy of the same shall be extended to the Bank immediately. Until and unless such written confirmation and the certified true copy of the police report have been received by the Bank, the Cardmember shall remain liable for all charges incurred prior to thereto by the use of the Card whether authorised by the Cardmember or not. The Bank may, at its sole and absolute discretion resolve that the Cardmember’s liability be limited to Ringgit Malaysia Two Hundred and Fifty (RM250.00RM250) for those charges incurred prior to the reporting of the lost or stolen Card of the Cardmember has taken reasonable care and diligence to safe-safe- guard the Card and reported the lost or theft of the Card immediately provided that the Cardmember has not acted fraudulently in respect of the lost or theft of the Card. 9.4 The Bank may, at the request of the Cardmember, but without being obliged in law, replace the lost or stolen Card with the following replacement fees: (a) fees of Ringgit Malaysia Fifty (RM50.00RM50) for each of the replacement Card on one (1) Card Account.)

Appears in 1 contract

Samples: Maybank Islamic Ikhwan Card I Agreement

POSSESSION OF THE CARD. 9.1 For any card approved, the first time collection of any card must be collected by the Principal Cardmember. For supplementary card, third party collection must be authorised by the Principal Cardmember, via a written authorisation by the Principal Cardmember. 9.2 4.1 The Card shall remain the property of the Bank at all times and times. The Card shall be used exclusively by the Cardmember. The Cardmember shall not transfer or otherwise part with the control or possession of the Card for any use or purpose unauthorised by the Bank. The Card shall not be pledged as security for any purpose whatsoever. 9.3 4.2 The Cardmember shall take use all reasonable precautions and diligence to prevent any unauthorised use the loss or theft of the CardCard or disclosure of the PIN and/or BOSS Code to any unauthorised person. In the event of any loss and/ or theft of the Card, Card and/ or disclosure of the PIN and/or BOSS Code to any unauthorised person. The Cardmember shall notify the Bank, or any member of American Express® or Visa International by telephone, telegram or telex immediately upon the discovery of such lost event notify the Bank (if such event occurs in Malaysia) or any member of Visa International (if such event occurs overseas). 4.3 In the event of loss/ theft as per clause 4.2 above and confirm the same in writing if subsequent to the Bank. A police report shall be made loss/ theft, the Card is used by the Cardmember for the lost or stolen Card and certified true copy of the same shall be extended to the Bank immediately. Until and unless such written confirmation and the certified true copy of the police report have been received by the Bankan unauthorised person, the Cardmember shall remain be liable to the Bank for all unauthorised charges incurred prior to thereto by through the use of the Card whether authorised by the Cardmember or not. The said unauthorised person until the date of receipt by the Bank may, at its sole and absolute discretion resolve that of the Cardmember’s liability be limited to Ringgit Malaysia Two Hundred and Fifty (RM250.00) for those charges incurred prior to the reporting of the lost or stolen Card of written notification specified under clause 4.2 above. If investigation discloses that the Cardmember has taken reasonable care and diligence to safe-guard is involved in the Card and reported incurring of any unauthorised charges as per clause 3.18 above, the lost Cardmember shall be liable for all the unauthorised charges incurred, whether before or theft after the Bank’s receipt of the Card immediately such written confirmation. After written notification is received, provided that the Cardmember has not acted fraudulently in respect of or has not failed to inform the Bank as soon as reasonably practicable after having found that the Card is lost or theft of stolen; the CardCardmember will be exempted from the liability for unauthorised transaction. 9.4 4.4 The Bank may, at the request of the Cardmember, Cardmember but without being obliged in law, replace the lost or stolen Card with upon payment of a fee. The replacement Card shall be subject to the following replacement fees: (a) Ringgit Malaysia Fifty (RM50.00) for each terms and conditions herein as if it was the original Card. The Cardmember shall return the Card to the Bank immediately upon its expiry or on demand by the Bank upon its cancellation, revocation or suspension by the Bank or upon discovery of the replacement Card on one (1) Card Accountafter notification of its loss, and shall not have any further right to use the Card.

Appears in 1 contract

Samples: Terms and Conditions

POSSESSION OF THE CARD. 9.1 For any card approved, the first time collection of any card must be collected by the Principal Cardmember. For supplementary card, third party collection must be authorised by the Principal Cardmember, via a written authorisation by the Principal Cardmember. 9.2 5.1 The Card shall remain the property of the Bank at all times and times. The Card shall be used exclusively by the Cardmember. The Cardmember shall not transfer or otherwise part with the control or possession of the Card for any use or purpose unauthorised by the Bank. The Card shall not be pledged by the Cardmember as security for any purpose whatsoever. 9.3 5.2 The Cardmember shall take use all reasonable precautions to prevent any unauthorised use the loss or theft of the Card. In the event of any loss or and/or theft of the CardCard and/or disclosure of the PIN to any unauthorised person, the Cardmember shall notify the Bank, or any member of American Express® or Visa International by telephone, telegram or telex immediately upon the discovery of such lost event notify the Bank (if such event occurred in Malaysia) or theft any member of Visa International/Mastercard Worldwide (if such event occurred overseas) by telephone, facsimile or e-mail and confirm the same in writing to the Bank. A Bank accompanied by a police report but in any case no later than seven (7) days from the happening of the event. 5.3 The Cardmember hereby irrevocably and unconditionally consents that the Bank may (but shall not be obliged to) record the telephone instructions as aforesaid in writing and/or by tape recording and/or any other method and such record of any instructions shall be made conclusive and binding on the Cardmember. The Cardmember hereby expressly consents that the telephone instructions may be so recorded and hereby acknowledges that any and/or all records maintained by the Bank shall be conclusive and binding for all purposes. 5.4 The Cardmember further agrees that the Bank shall not be under any obligation to verify the identity or the authority of any person giving the telephone instructions purportedly in the Cardmember’s name and the Bank shall be entitled to act on such instructions and shall not be liable for acting in good faith on the telephone instructions which are given by such persons regardless of the circumstances prevailing at the time of such instructions. The Cardmember accepts that in consideration of the Bank acting in accordance with such telephone instructions above or in the Cardmember consenting to the Bank tape recording all or any the Cardmember’s telephone calls with the Bank, to enable the Bank to keep the tape recording of all or any instructions given by the Cardmember for or purportedly in the lost or stolen Card and certified true copy of the same shall be extended Cardmember’s name to the Bank immediately. Until and unless such written confirmation and the certified true copy of the police report have been received by the Bank, the Cardmember hereby agrees to indemnify the Bank and keep the Bank indemnified against all losses, claims, proceedings, demands, damages, costs and expenses incurred or sustained by the Bank howsoever arising out of or in connection with all such instructions as aforesaid. 5.5 In the event of loss/theft as per Clause 5.2 above and if subsequent to the loss/theft, the Card is used by an unauthorised person, the Cardmember shall remain be liable to and indemnify the Bank for all unauthorised charges incurred prior to thereto including Management Fee and late payment charges incurred for any goods or services supplied by merchants, and/or Cash Advances not transacted through the ATM effected through the use of the Card whether authorised by the Cardmember or not. The said unauthorised person until the date of receipt by the Bank may, at its sole and absolute discretion resolve that of the Cardmember’s liability written/verbal notification specified under Clause 5.2 above. The Cardmember shall be limited to Ringgit Malaysia Two Hundred and Fifty (RM250.00) liable for those all unauthorised charges incurred prior to in the reporting event the Cardmember has acted fraudulently, delayed in notifying the Bank as soon as reasonably practicable after having discovered the loss/theft or unauthorised use of the Card, voluntarily disclosed the PIN to another person, recorded the PIN on the Card or on anything within close proximity of the Card and which could be lost with the Card or left the Card, or an item containing the Card, unattended and/or had voluntarily allowed another person to use the Card. If investigation discloses that the Cardmember is involved in the incurring of any unauthorised charges, the Cardmember shall be liable for all the unauthorised charges incurred, including Management Fee and late payment charges, whether before or after the Bank’s receipt of such written confirmation. It is expressly agreed that the Bank is not under a duty to ensure that the Credit Line prescribed by the Bank is not exceeded. 5.6 All claims of a lost or stolen Card of the Cardmember has taken reasonable care and diligence to safe-guard card or disputed transactions performed on the Card will be investigated by the Bank upon receipt of all relevant information and reported in accordance with BNM Guidelines and the lost or theft of Bank’s internal investigation procedures. In the Card immediately provided event the Bank finds that there has been any attempt to make false claim(s) on a disputed transaction, the Cardmember has not acted fraudulently in respect of Bank reserves the lost or theft right to lodge a police report on the false claim(s) made and/or terminate the Cardmember’s use of the Card, as the case may be, and hold the Cardmember liable for the amount of the disputed transaction(s) and all costs and expenses incurred by the Bank. 9.4 5.7 The Bank may, at the request of the Cardmember, but without being obliged in law, replace the lost or stolen Card with the following replacement fees: (a) Ringgit Malaysia Fifty (RM50.00) upon payment of Card Replacement Penalty of RM50 for each of the reported loss or theft of the Card. The Card shall not be replaced in the event of the fourth reported loss or theft of the Card. The replacement Card shall be subject to these terms and conditions as if it were the original Card. 5.8 When a Card that was lost or stolen is found the Cardmember shall not use the Card retrieved and shall return the same, cut into half to the Bank or remove/destroy the chip in the Card immediately upon retrieval of the Card. The Bank will be under no obligation to issue a replacement Card to a Cardmember following its loss or theft. Any replacement Card shall be subject to the Card Replacement Penalty stipulated in Clause 5.7 above. 5.9 The Cardmember shall return the Card to the Bank cut in half or remove/destroy the chip in the Card immediately upon its expiry, or upon its cancellation by the Cardmember or on one (1) demand by the Bank upon its cancellation, revocation or suspension by the Bank or upon discovery of the Card after notification of its loss and the Cardmember shall thereafter have no further right to use the Card. 5.10 Where the Card is cancelled and the Credit Card Account is closed by the Cardmember, the Bank shall refund the credit balances in the Card Account, if any, after deductions of any payments due and owing by the Cardmember on the Card Account.

Appears in 1 contract

Samples: Cardmember Agreement

POSSESSION OF THE CARD. 9.1 For any card approved, the first time collection of any card must be collected by the Principal Cardmember. For supplementary card, third party collection must be authorised by the Principal Cardmember, via a written authorisation by the Principal Cardmember. 9.2 The Card shall remain the property of the Bank at all times and the Cardmember shall not transfer or otherwise part with the control or possession of the Card for any use or purpose unauthorised by the Bank. 9.3 The Cardmember shall take all reasonable precautions to prevent any unauthorised use loss or theft of the Card. In the event of any loss or theft of the Card, the Cardmember shall notify the Bank, or any member of American Express® or Visa International by telephone, telegram or telex immediately upon the discovery of such lost or theft and confirm the same in writing to the Bank. A police report shall be made by the Cardmember for the lost or stolen Card and certified true copy of the same shall be extended to the Bank immediately. Until and unless such written confirmation and the certified true copy of the police report have been received by the Bank, the Cardmember shall remain liable for all charges incurred prior to thereto by the use of the Card whether authorised by the Cardmember or not. The Bank may, at its sole and absolute discretion resolve that the Cardmember’s liability be limited to Ringgit Malaysia Two Hundred and Fifty (RM250.00RM250) for those charges incurred prior to the reporting of the lost or stolen Card of the Cardmember has taken reasonable care and diligence to safe-guard the Card and reported the lost or theft of the Card immediately provided that the Cardmember has not acted fraudulently in respect of the lost or theft of the Card. 9.4 The Bank may, at the request of the Cardmember, but without being obliged in law, replace the lost or stolen Card with the following replacement fees: (a) Ringgit Malaysia Fifty (RM50.00RM50) for each of the replacement Card on one (1) Card Account.

Appears in 1 contract

Samples: Maybank Islamic Ikhwan Card I Agreement

POSSESSION OF THE CARD. 9.1 For any card approved, the first time collection of any card must be collected by the Principal Cardmember. For supplementary card, third party collection must be authorised by the Principal Cardmember, via a written authorisation by the Principal Cardmember. 9.2 The Card shall remain the property of the Bank at all times and the Cardmember shall not transfer or otherwise part with the control or possession of the Card for any use or purpose unauthorised by the Bank. 9.3 The Cardmember shall take all reasonable precautions to prevent any unauthorised use loss or theft of the Card. In the event of any loss or theft of the Card, the Cardmember shall notify the Bank, or any member of American Express® Express or Visa International by telephone, telegram or telex immediately upon the discovery of such lost or theft and confirm the same in writing to the Bank. A police report shall be made by the Cardmember for the lost or stolen Card and certified true copy of the same shall be extended to the Bank immediately. Until and unless such written confirmation and the certified true copy of the police report have been received by the Bank, the Cardmember shall remain liable for all charges incurred prior to thereto by the use of the Card whether authorised by the Cardmember or not. The Bank may, at its sole and absolute discretion resolve that the Cardmember’s liability be limited to Ringgit Malaysia Two Hundred and Fifty (RM250.00) for those charges incurred prior to the reporting of the lost or stolen Card of the Cardmember has taken reasonable care and diligence to safe-safe- guard the Card and reported the lost or theft of the Card immediately provided that the Cardmember has not acted fraudulently in respect of the lost or theft of the Card. 9.4 The Bank may, at the request of the Cardmember, but without being obliged in law, replace the lost or stolen Card with the following replacement fees: (a) Ringgit Malaysia Fifty (RM50.00) for each of the replacement Card on one (1) Card Account.

Appears in 1 contract

Samples: Ikhwan Card I Agreement

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POSSESSION OF THE CARD. 9.1 For any card approved, the first time collection of any card must be collected by the Principal Cardmember. For supplementary card, third party collection must be authorised by the Principal Cardmember, via a written authorisation by the Principal Cardmember. 9.2 The Card shall remain the property of the Bank at all times and the Cardmember shall not transfer or otherwise part with the control or possession of the Card for any use or purpose unauthorised by the Bank. 9.3 The Cardmember shall take all reasonable precautions to prevent any unauthorised use use, loss or theft of the Card. In the event of any loss or theft of the Card, the Cardmember shall notify the Bank, or any member of American Express® or Visa MasterCard International by telephone, telegram or telex immediately upon the discovery of such lost or theft and confirm the same in writing to the Bank. A police report shall be made by the Cardmember for the lost or stolen Card and certified true copy of the same shall be extended to the Bank immediately. Until and unless such written confirmation and the certified true copy of the police report have been received by the Bank, the Cardmember shall remain liable for all charges incurred prior to thereto by the use of the Card whether authorised by the Cardmember or not. The Bank may, at its sole and absolute discretion resolve that the Cardmember’s liability be limited to Ringgit Malaysia Two Hundred and Fifty (RM250.00RM250) for those charges incurred prior to the reporting of the lost or stolen Card of the Cardmember has taken reasonable care and diligence to safe-guard the Card and reported the lost or theft of the Card immediately provided that the Cardmember has not acted fraudulently in respect of the lost or theft of the Card. 9.4 The Bank may, at the request of the Cardmember, but without being obliged in law, replace the lost or stolen Card, Card details disclosure to third party or request change of new Card number with the following replacement fees: (a) fees of Ringgit Malaysia Fifty (RM50.00RM50) for each of the replacement Card on one One (1) Card Account.)

Appears in 1 contract

Samples: Maybank Islamic Mastercard Ikhwan Card I Agreement

POSSESSION OF THE CARD. 9.1 For any card approved, the first time collection of any card must be collected by the Principal Cardmember. For supplementary card, third party collection must be authorised by the Principal Cardmember, via a written authorisation by the Principal Cardmember. 9.2 4.1 The Card shall remain the property of the Bank at all times and times. The Card shall be used exclusively by the Cardmember. The Cardmember shall not transfer or otherwise part with the control or possession of the Card for any use or purpose unauthorised unauthorized by the Bank. The Card shall not be pledged as security for any purpose whatsoever. 9.3 4.2 The Cardmember shall take use all reasonable precautions and diligence to prevent any unauthorised use the loss or theft of the CardCard or disclosure of the PIN to any unauthorized person. In the event of any loss and/ or theft of the Card, Card and/ or disclosure of the PIN to any unauthorized person. The Cardmember shall notify the Bank, or any member of American Express® or Visa International by telephone, telegram or telex immediately upon the discovery of such lost event notify the Bank (if such event occurs in Malaysia) or any member of Visa International (if such event occurs overseas). 4.3 In the event of loss/ theft as per clause 4.2 above and confirm the same in writing if subsequent to the Bank. A police report shall be made loss/ theft, the Card is used by the Cardmember for the lost or stolen Card and certified true copy of the same shall be extended to the Bank immediately. Until and unless such written confirmation and the certified true copy of the police report have been received by the Bankan unauthorized person, the Cardmember shall remain be liable to the Bank for all unauthorized charges incurred prior to thereto by through the use of the Card whether authorised by the Cardmember or notsaid unauthorized person until the date of receipt by the Bank of Cardmember’s written notification specified under clause 4.2 above. The Bank may, at its sole and absolute discretion resolve If investigation discloses that the Cardmember’s liability be limited to Ringgit Malaysia Two Hundred and Fifty (RM250.00) for those charges incurred prior to Cardmember is involved in the reporting incurring of the lost or stolen Card of any unauthorized charges, the Cardmember has taken reasonable care and diligence to safe-guard shall be liable for all the Card and reported unauthorized charges incurred, whether before or after the lost or theft Bank’s receipt of the Card immediately such written confirmation. After written notification is received, provided that the Cardmember has not acted fraudulently in respect of or has not failed to inform the lost or theft of the Card.Bank as soon as reasonably 9.4 4.4 The Bank may, may at the request of the Cardmember, Cardmember but without being obliged in law, replace the lost or stolen Card with upon payment of a fee. The replacement Card shall be subject to the following replacement fees: (a) Ringgit Malaysia Fifty (RM50.00) for each terms and conditions herein as if it was the original Card. The Cardmember shall return the Card to the Bank immediately upon its expiry or on demand by the Bank upon its cancellation, revocation or suspension by the Bank or upon discovery of the replacement Card on one (1) Card Accountafter notification of its loss, and shall not have any further right to use the Card.

Appears in 1 contract

Samples: Terms & Conditions

POSSESSION OF THE CARD. 9.1 For any card approved, the first time collection of any card must be collected by the Principal Cardmember. For supplementary card, third party collection must be authorised by the Principal Cardmember, via a written authorisation by the Principal Cardmember. 9.2 . The Card shall remain the property of the Bank at all times and the Cardmember shall not transfer or otherwise part with the control or possession of the Card for any use or purpose unauthorised by the Bank. 9.3 . The Cardmember shall take all reasonable precautions to prevent any unauthorised use loss or theft of the Card. In the event of any loss or theft of the Card, the Cardmember shall notify the Bank, or any member of American Express® or Visa International by telephone, telegram or telex immediately upon the discovery of such lost or theft and confirm confi rm the same in writing to the Bank. A police report shall be made by the Cardmember for the lost or stolen Card and certified true copy of the same shall be extended to the Bank immediately. Until and unless such written confirmation and the certified true copy of the police report have been received by the Bank, the Cardmember shall remain liable for all charges incurred prior to thereto by the use of the Card whether authorised by the Cardmember or not. The Bank may, at its sole and absolute discretion resolve that the Cardmember’s liability be limited to Ringgit Malaysia Two Hundred and Fifty (RM250.00) for those charges incurred prior to the reporting of the lost or stolen Card of the Cardmember has taken reasonable care and diligence to safe-guard the Card and reported the lost or theft of the Card immediately provided that the Cardmember has not acted fraudulently in respect of the lost or theft of the Card. 9.4 . The Bank may, at the request of the Cardmember, but without being obliged in law, replace the lost or stolen Card with the following replacement fees: (a) Ringgit Malaysia Fifty (RM50.00) for each of the replacement Card on one (1) Card Account.

Appears in 1 contract

Samples: Ikhwan Card I Agreement

POSSESSION OF THE CARD. 9.1 For any card approved, the first time collection of any card must be collected by the Principal Cardmember. For supplementary card, third party collection must be authorised by the Principal Cardmember, via a written authorisation by the Principal Cardmember. 9.2 4.1 The Card shall remain the property of the Bank at all times and times. The Card shall be used exclusively by the Cardmember. The Cardmember shall not transfer or otherwise part with the control or possession of the Card for any use or purpose unauthorised unauthorized by the Bank. The Card shall not be pledged as security for any purpose whatsoever. 9.3 4.2 The Cardmember shall take use all reasonable precautions and diligence to prevent any unauthorised use the loss or theft of the CardCard or disclosure of the PIN to any unauthorized person. In the event of any loss and/ or theft of the Card, Card and/ or disclosure of the PIN to any unauthorized person. The Cardmember shall notify the Bank, or any member of American Express® or Visa International by telephone, telegram or telex immediately upon the discovery of such lost event notify the Bank (if such event occurs in Malaysia) or any member of Visa International (if such event occurs overseas). 4.3 In the event of loss/ theft as per clause 4.2 above and confirm the same in writing if subsequent to the Bank. A police report shall be made loss/ theft, the Card is used by the Cardmember for the lost or stolen Card and certified true copy of the same shall be extended to the Bank immediately. Until and unless such written confirmation and the certified true copy of the police report have been received by the Bankan unauthorized person, the Cardmember shall remain be liable to the Bank for all unauthorized charges incurred prior to thereto by through the use of the Card whether authorised by the Cardmember or notsaid unauthorized person until the date of receipt by the Bank of Cardmember’s written notification specified under clause 4.2 above. The Bank may, at its sole and absolute discretion resolve If investigation discloses that the Cardmember’s liability be limited to Ringgit Malaysia Two Hundred and Fifty (RM250.00) for those charges incurred prior to Cardmember is involved in the reporting incurring of the lost or stolen Card of any unauthorized charges, the Cardmember has taken reasonable care and diligence to safe-guard shall be liable for all the Card and reported unauthorized charges incurred, whether before or after the lost or theft Bank’s receipt of the Card immediately such written confirmation. After written notification is received, provided that the Cardmember has not acted fraudulently in respect of or has not failed to inform the lost or theft of the Card.Bank as soon as 9.4 4.4 The Bank may, may at the request of the Cardmember, Cardmember but without being obliged in law, replace the lost or stolen Card with upon payment of a fee. The replacement Card shall be subject to the following replacement fees: (a) Ringgit Malaysia Fifty (RM50.00) for each terms and conditions herein as if it was the original Card. The Cardmember shall return the Card to the Bank immediately upon its expiry or on demand by the Bank upon its cancellation, revocation or suspension by the Bank or upon discovery of the replacement Card on one (1) Card Accountafter notification of its loss, and shall not have any further right to use the Card.

Appears in 1 contract

Samples: Terms & Conditions

POSSESSION OF THE CARD. 9.1 For any card approved, the first time collection of any card must be collected by the Principal Cardmember. For supplementary card, third party collection must be authorised by the Principal Cardmember, via a written authorisation by the Principal Cardmember. 9.2 4.1 The Card shall remain the property of the Bank at all times and times. The Card shall be used exclusively by the Cardmember. The Cardmember shall not transfer or otherwise part with the control or possession of the Card for any use or purpose unauthorised by the Bank. The Card shall not be pledged as security for any purpose whatsoever. 9.3 4.2 The Cardmember shall take use all reasonable precautions and diligence to prevent any unauthorised use the loss or theft of the CardCard or disclosure of the PIN to any unauthorised person. In the event of any loss and/ or theft of the Card, Card and/ or disclosure of the PIN to any unauthorised person. The Cardmember shall notify the Bank, or any member of American Express® or Visa International by telephone, telegram or telex immediately upon the discovery of such lost event notify the Bank (if such event occurs in Malaysia) or any member of Visa International (if such event occurs overseas). 4.3 In the event of loss/ theft as per clause 4.2 above and confirm the same in writing if subsequent to the Bank. A police report shall be made loss/ theft, the Card is used by the Cardmember for the lost or stolen Card and certified true copy of the same shall be extended to the Bank immediately. Until and unless such written confirmation and the certified true copy of the police report have been received by the Bankan unauthorised person, the Cardmember shall remain be liable to the Bank for all unauthorised charges incurred prior to thereto by through the use of the Card whether authorised by the Cardmember or not. The said unauthorised person until the date of receipt by the Bank may, at its sole and absolute discretion resolve that of the Cardmember’s liability be limited to Ringgit Malaysia Two Hundred and Fifty (RM250.00) for those charges incurred prior to the reporting of the lost or stolen Card of written notification specified under clause 4.2 above. If investigation discloses that the Cardmember has taken reasonable care and diligence to safe-guard is involved in the Card and reported incurring of any unauthorised charges as per clause 3.18 above, the lost Cardmember shall be liable for all the unauthorised charges incurred, whether before or theft after the Bank’s receipt of the Card immediately such written confirmation. After written notification is received, provided that the Cardmember has not acted fraudulently in respect of or has not failed to inform the Bank as soon as reasonably practicable after having found that the Card is lost or theft of stolen; the CardCardmember will be exempted from the liability for unauthorised transaction. 9.4 4.4 The Bank may, at the request of the Cardmember, Cardmember but without being obliged in law, replace the lost or stolen Card with upon payment of a fee. The replacement Card shall be subject to the following replacement fees: (a) Ringgit Malaysia Fifty (RM50.00) for each terms and conditions herein as if it was the original Card. The Cardmember shall return the Card to the Bank immediately upon its expiry or on demand by the Bank upon its cancellation, revocation or suspension by the Bank or upon discovery of the replacement Card on one (1) Card Accountafter notification of its loss, and shall not have any further right to use the Card.

Appears in 1 contract

Samples: Terms and Conditions

POSSESSION OF THE CARD. 9.1 For any card approved, the first time collection of any card must be collected by the Principal Cardmember. For supplementary card, third party collection must be authorised by the Principal Cardmember, via a written authorisation by the Principal Cardmember. 9.2 4.1 The Card shall remain the property of the Bank at all times and times. The Card shall be used exclusively by the Cardmember. The Cardmember shall not transfer or otherwise part with the control or possession of the Card for any use or purpose unauthorised unauthorized by the Bank. The Card shall not be pledged as security for any purpose whatsoever. 9.3 4.2 The Cardmember shall take use all reasonable precautions and diligence to prevent any unauthorised use the loss or theft of the CardCard or disclosure of the PIN to any unauthorized person. In the event of any loss and/ or theft of the Card, Card and/ or disclosure of the PIN to any unauthorized person. The Cardmember shall notify the Bank, or any member of American Express® or Visa International by telephone, telegram or telex immediately upon the discovery of such lost event notify the Bank (if such event occurs in Malaysia) or any member of Visa International (if such event occurs overseas). 4.3 In the event of loss/ theft as per clause 4.2 above and confirm the same in writing if subsequent to the Bank. A police report shall be made loss/ theft, the Card is used by the Cardmember for the lost or stolen Card and certified true copy of the same shall be extended to the Bank immediately. Until and unless such written confirmation and the certified true copy of the police report have been received by the Bankan unauthorized person, the Cardmember shall remain be liable to the Bank for all unauthorized charges incurred prior to thereto by through the use of the Card whether authorised by the Cardmember or not. The said unauthorized person until the date of receipt by the Bank may, at its sole and absolute discretion resolve that of the Cardmember’s liability be limited to Ringgit Malaysia Two Hundred and Fifty (RM250.00) for those charges incurred prior to the reporting of the lost or stolen Card of written notification specified under clause 4.2 above. If investigation discloses that the Cardmember has taken reasonable care and diligence to safe-guard is involved in the Card and reported incurring of any unauthorized charges as per clause 3.18 above, the lost Cardmember shall be liable for all the unauthorized charges incurred, whether before or theft after the Bank’s receipt of the Card immediately such written confirmation. After written notification is received, provided that the Cardmember has not acted fraudulently in respect of or has not failed to inform the Bank as soon as reasonably practicable after having found that the Card is lost or theft of stolen; the CardCardmember will be exempted from the liability for unauthorized transaction. 9.4 4.4 The Bank may, at the request of the Cardmember, Cardmember but without being obliged in law, replace the lost or stolen Card with upon payment of a fee. The replacement Card shall be subject to the following replacement fees: (a) Ringgit Malaysia Fifty (RM50.00) for each terms and conditions herein as if it was the original Card. The Cardmember shall return the Card to the Bank immediately upon its expiry or on demand by the Bank upon its cancellation, revocation or suspension by the Bank or upon discovery of the replacement Card on one (1) Card Accountafter notification of its loss, and shall not have any further right to use the Card.

Appears in 1 contract

Samples: Terms and Conditions

POSSESSION OF THE CARD. 9.1 For any card approved, the first time collection of any card must be collected by the Principal Cardmember. For supplementary card, third party collection must be authorised by the Principal Cardmember, via a written authorisation by the Principal Cardmember. 9.2 5.1 The Card shall remain the property of the Bank at all times and times. The Card shall be used exclusively by the Cardmember. The Cardmember shall not transfer or otherwise part with the control or possession of the Card for any use or purpose unauthorised by the Bank. The Card shall not be pledged by the Cardmember as security for any purpose whatsoever. 9.3 5.2 The Cardmember shall take use all reasonable precautions to prevent any unauthorised use the loss or theft of the Card. In the event of any loss or and/or theft of the CardCard and/or disclosure of the PIN to any unauthorised person, the Cardmember shall notify the Bank, or any member of American Express® or Visa International by telephone, telegram or telex immediately upon the discovery of such lost event notify the Bank (if such event occurred in Malaysia) or theft any member of Visa International/Mastercard Worldwide (if such event occurred overseas) by telephone, facsimile or e-mail and confirm the same in writing to the Bank. A Bank accompanied by a police report but in any case no later than seven (7) days from the happening of the event. 5.3 The Cardmember hereby consents that the Bank may (but shall not be obliged to) record the telephone instructions as aforesaid in writing and/or by tape recording and/or any other method and such record of any instructions shall be made conclusive and binding on the Cardmember. The Cardmember hereby expressly consents that the telephone instructions may be so recorded and hereby acknowledges that any and/or all records maintained by the Bank shall be conclusive and binding for all purposes. 5.4 The Cardmember further agrees that the Bank shall not be under any obligation to verify the identity or the authority of any person giving the telephone instructions purportedly in the Cardmember’s name and the Bank shall be entitled to act on such instructions and shall not be liable for acting in good faith on the telephone instructions which are given by such persons regardless of the circumstances prevailing at the time of such instructions. The Cardmember accepts that in consideration of the Bank acting in accordance with such telephone instructions above or in the Cardmember consenting to the Bank tape recording all or any the Cardmember’s telephone calls with the Bank, to enable the Bank to keep the tape recording of all or any instructions given by the Cardmember for or purportedly in the lost or stolen Card and certified true copy of the same shall be extended Cardmember’s name to the Bank immediately. Until and unless such written confirmation and the certified true copy of the police report have been received by the Bank, the Cardmember xxxxxx agrees to indemnify the Bank and keep the Bank indemnified against all losess, claims proceedings, demands, damages, costs and expenses incurred or sustained by the Bank howsoever arising out of or in connection with all such instructions as aforesaid. 5.5 In the event of loss/theft as per Clause 5.2 above and if subsequent to the loss/theft, the Card is used by an unauthorised person, the Cardmember shall remain be liable to and indemnify the Bank for all unauthorised charges incurred prior to thereto including Finance Charge and late payment charges incurred for any goods or services supplied by merchants, and/or Cash Advances not transacted through the ATM effected through the use of the Card whether authorised by the Cardmember or not. The said unauthorised person until the date of receipt by the Bank may, at its sole and absolute discretion resolve that of the Cardmember’s liability written/verbal notification specified under Clause 5.2 above. The Cardmember shall be limited to Ringgit Malaysia Two Hundred and Fifty liable for all unauthorised charges in the event the Cardmember has (RM250.00i) for those charges incurred prior to acted fraudulently, (ii) delayed in notifying the reporting Bank as soon as reasonably practicable after having discovered the loss/theft or unauthorised use of the Card, (iii) voluntarily disclosed the PIN to another person, (iv) recorded the PIN on the Card or on anything within close proximity of the Card and which could be lost with the Card or (v) left the Card, or an item containing the Card, unattended and/or (vi) had voluntarily allowed another person to use the Card. If investigation discloses that the Cardmember is involved in the incurring of any unauthorised charges, the Cardmember shall be liable for all the unauthorised charges incurred, including Finance Charge and late payment charges, whether before or after the Bank’s receipt of such written confirmation. It is expressly agreed that the Bank is not under a duty to ensure that the Credit Line prescribed by the Bank is not exceeded. 5.6 All claims of a lost or stolen Card of the Cardmember has taken reasonable care and diligence to safe-guard card or disputed transactions performed on the Card will be investigated by the Bank upon receipt of all relevant information and reported in accordance with BNM Guidelines and the lost or theft of Bank’s internal investigation procedures. In the Card immediately provided event the Bank finds that there has been any attempt to make false claim(s) on a disputed transaction, the Cardmember has not acted fraudulently in respect of Bank reserves the lost or theft right to lodge a police report on the false claim(s) made and/or terminate the Cardmember’s use of the Card, as the case may be, and hold the Cardmember liable for the amount of the disputed transaction(s) and all costs and expenses incurred by the Bank. 9.4 5.7 The Bank may, at the request of the Cardmember, but without being obliged in law, replace the lost or stolen Card with upon payment of the following replacement feesCard Replacement Penalty: (ai) Ringgit Malaysia Fifty (RM50.00) RM50 for each the first reported loss of theft of the Card. (ii) RM100 for the second reported loss or theft of the Card. (iii) RM150 for the third reported loss or theft of the Card. The Card shall not be replaced in the event of the fourth reported loss or theft of the Card. The replacement Card shall be subject to these terms and conditions as if it were the original Card. 5.8 When a Card that was lost or stolen is found the Cardmember shall not use the Card retrieved and shall return the same, cut into half to the Bank or remove/destroy the chip in the Card immediately upon retrieval of the Card. The Bank will be under no obligation to issue a replacement Card to a Cardmember following its loss or theft. Any replacement Card shall be subject to the Card Replacement Penalty stipulated in Clause 5.7 above. 5.9 The Cardmember shall return the Card to the Bank cut in half or remove/destroy the chip in the Card immediately upon its expiry, or upon its cancellation by the Cardmember or on one (1) demand by the Bank upon its cancellation, revocation or suspension by the Bank or upon discovery of the Card after notification of its loss and the Cardmember shall thereafter have no further right to use the Card. 5.10 Where the Card is cancelled and the Credit Card Account is closed by the Cardmember, the Bank shall refund the credit balances in the Card Account, if any, after deductions of any payments due and owing by the Cardmember on the Card Account.

Appears in 1 contract

Samples: Cardmember Agreement

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