Common use of POSSESSION OF THE CARD Clause in Contracts

POSSESSION OF THE CARD. 3.1 The Card shall remain the property of the Bank at all 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. 3.2 The Cardmember shall use all precautions to prevent the loss or theft of the Card. In the event of loss and / or theft of this Card and / or disclosure of the PIN to any unauthorised person, the Cardmember shall immediately upon the discovery of such event notify the Bank (if such event occurred in Malaysia) or any member of Visa International (if such event occurred overseas) by telephone,facsimile or e-mail and confirm the same in writing to the Bank accompanied by a police report. 3.3 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 instruction shall be conclusive and binding on the Cardmember. The Cardmember hereby expressly consents that the telephone instruction 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. 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 of the Cardmember’s telephone calls with the Bank, pursuant to clause above, to enable the Bank to keep the tape recording of all or any instructions given by the Cardmember or purportedly in the Cardmember’s name to 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. 3.4 In the event of loss / theft as per Clause 3.2 above and if subsequent to the loss / theft, the Card is used by an unauthorised person, the Cardmember shall be liable to the Bank for all unauthorised charges incurred including financial charges incurred for any goods or services supplied by merchants, effected through the use of the card by the said unauthorised person until the date of receipt by the Bank of the Cardmember’s written notification specified under Clause 3.2 above. The Cardmember shall be liable for all unauthorised charges in the event the Cardmember has (i) acted fraudulently, (ii) delayed in notifying the 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 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 financial 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 Current Balance prescribed by the Bank is not exceeded. 3.5 All claims of a lost or stolen card or disputed transactions performed on the Card will be investigated by the Bank upon receipt of all relevant information and in accordance with BNM Guidelines and the Bank’s internal investigation procedures. In the event the Bank finds that there has been any attempt to make false claim(s) on a disputed transaction, the Bank reserves the 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. 3.6 The Bank may, at the request of the Cardmember, but without being obliged in law, replace the lost or stolen Card upon payment of a penalty of RM12.00. Provided that the Card shall not be replaced in the event of any such reported loss or theft of the Card for the fourth or subsequent times thereafter. The replacement Card shall be subject to the terms and conditions herein as if it was the original Card. 3.7 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 on 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 shall not have any further right to use the Card.

Appears in 1 contract

Samples: Cardmember Agreement

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POSSESSION OF THE CARD. 3.1 5.1 The Card shall remain the property of the Bank at all 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. 3.2 5.2 The Cardmember shall use all precautions to prevent the loss or theft of the Card. In the event of loss and / or and/or theft of this the Card and / or and/or disclosure of the PIN to any unauthorised person, the Cardmember shall immediately upon the discovery of such event notify the Bank (if such event occurred in Malaysia) or any member of Visa International International/Mastercard Worldwide (if such event occurred overseas) by telephone,, facsimile or e-mail and confirm the same in writing to the Bank accompanied by a police reportreport but in any case no later than seven (7) days from the happening of the event. 3.3 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 and/or by tape recording and / or and/or any other method and such record of any instruction instructions shall be conclusive and binding on the Cardmember. The Cardmember hereby expressly consents that the telephone instruction instructions may be so recorded and hereby acknowledges that any and / or 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 of the Cardmember’s telephone calls with the Bank, pursuant to clause above, to enable the Bank to keep the tape recording of all or any instructions given by the Cardmember or purportedly in the Cardmember’s name to 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. 3.4 5.5 In the event of loss / loss/theft as per Clause 3.2 5.2 above and if subsequent to the loss / loss/theft, the Card is used by an unauthorised person, the Cardmember shall be liable to and indemnify the Bank for all unauthorised charges incurred including financial 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 Card by the said unauthorised person until the date of receipt by the Bank of the Cardmember’s written written/verbal notification specified under Clause 3.2 5.2 above. The Cardmember shall be liable for all unauthorised charges in the event the Cardmember has (i) acted fraudulently, (ii) delayed in notifying the Bank as soon as reasonably practicable after having discovered the loss / 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 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 financial 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 Current Balance Credit Line prescribed by the Bank is not exceeded. 3.5 5.6 All claims of a lost or stolen card or disputed transactions performed on the Card will be investigated by the Bank upon receipt of all relevant information and in accordance with BNM Guidelines and the Bank’s internal investigation procedures. In the event the Bank finds that there has been any attempt to make false claim(s) on a disputed transaction, the Bank reserves the right to lodge a police report on the false claim(s) made and / or 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. 3.6 5.7 The Bank may, at the request of the Cardmember, but without being obliged in law, replace the lost or stolen Card upon payment of a penalty the following Card Replacement Penalty: (i) RM50 for the first reported loss or theft of RM12.00the 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. Provided that the The Card shall not be replaced in the event of any such the fourth reported loss or theft of the Card for the fourth or subsequent times thereafterCard. The replacement Card shall be subject to the these terms and conditions herein as if it was were the original Card. 3.7 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 / remove/destroy the chip in the Card immediately upon its expiry expiry, or upon its cancellation by the Cardmember or on demand by the Bank upon its cancellation, revocation or suspension by the Bank or upon discovery of the Card after notification of its loss, loss and the Cardmember shall not thereafter have any 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. 3.1 The Card shall remain the property of the Bank at all 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. 3.2 The Cardmember shall use all precautions to prevent the loss or theft of the Card. In the event of loss and / or theft of this Card and / or disclosure of the PIN to any unauthorised person, the Cardmember shall immediately upon the discovery of such event notify the Bank (if such event occurred in Malaysia) or any member of Visa International (if such event occurred overseas) by telephone,, facsimile or e-mail and confirm the same in writing to the Bank accompanied by a police report. 3.3 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 instruction shall be conclusive and binding on the Cardmember. The Cardmember hereby expressly consents that the telephone instruction 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. . 3.4 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 '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 of the Cardmember’s 's telephone calls with the Bank, pursuant to clause above, to enable the Bank to keep the tape recording of all or any instructions given by the Cardmember or purportedly in the Cardmember’s 's name to 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. 3.4 3.5 In the event of loss / theft as per Clause 3.2 above and if subsequent to the loss / theft, the Card is used by an unauthorised person, the Cardmember shall be liable to the Bank for all unauthorised charges incurred including financial charges incurred for any goods or services supplied by merchants, effected through the use of the card by the said unauthorised person until the date of receipt by the Bank of the Cardmember’s 's written notification specified under Clause 3.2 above. The Cardmember shall be liable for all unauthorised charges in the event the Cardmember has (i) has acted fraudulently, (ii) , delayed in notifying the 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) 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 financial charges, whether before or after the Bank’s 's receipt of such written confirmation. It is expressly agreed that the Bank is not under a duty to ensure that the Current Balance prescribed by the Bank is not exceeded. 3.5 3.6 All claims of a lost or stolen card or disputed transactions performed on the Card will be investigated by the Bank upon receipt of all relevant information and in accordance with BNM Guidelines and the Bank’s internal investigation procedures. In the event the Bank finds that there has been any attempt to make false claim(s) on a disputed transaction, the Bank reserves the 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. 3.6 3.7 The Bank may, at the request of the Cardmember, but without being obliged in law, replace the lost or stolen Card upon payment of a penalty of RM12.00RM10. Provided that the Card shall not be replaced in the event of any such reported loss or theft of the Card for the fourth or subsequent times thereafter. The replacement Card shall be subject to the terms and conditions herein as if it was the original Card. 3.7 3.8 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 on 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 shall not have any further right to use the Card.

Appears in 1 contract

Samples: Cardmember Agreement

POSSESSION OF THE CARD. 3.1 The Card shall remain the property of the Bank at all 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. 3.2 The Cardmember shall use all precautions to prevent the loss or theft of the Card. In the event of loss and / or theft of this Card and / or disclosure of the PIN to any unauthorised person, the Cardmember shall immediately upon the discovery of such event notify the Bank (if such event occurred in MalaysiaCambodia) or 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 accompanied by a police report. 3.3 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 /or any other method and such record of any instruction shall be conclusive and binding on the Cardmember. The Cardmember hereby expressly consents that the telephone instruction 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. 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 of the Cardmember’s telephone calls with the Bank, pursuant to clause above, to enable the Bank to keep the tape recording of all or any instructions given by the Cardmember or purportedly in the Cardmember’s name to 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. 3.4 In the event of loss / theft as per Clause 3.2 above and if subsequent to the loss / theft, the Card is used by an unauthorised unauthorized person, the Cardmember shall be liable to the Bank for all unauthorised charges incurred including financial charges incurred for any goods or services supplied by merchants, effected through the use of the card by the said unauthorised person until the date of receipt by the Bank of the Cardmember’s written notification specified under Clause 3.2 above. The Cardmember shall be liable for all unauthorised charges in the event the Cardmember has (i) has acted fraudulently, (ii) , delayed in notifying the 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) 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 financial 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 Current Balance prescribed by the Bank is not exceeded. 3.5 All claims of a lost or stolen card or disputed transactions performed on the Card will be investigated by the Bank upon receipt of all relevant information and in accordance with BNM National Bank of Cambodia (NBC) Guidelines and the Bank’s internal investigation procedures. In the event the Bank finds that there has been any attempt to make false claim(s) on a disputed transaction, the Bank reserves the 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. 3.6 The Bank may, at the request of the CardmemberCardmember impose the following fees and charges for replacement of respective cards, but without being obliged in law, replace law:- Campu Bank Proprietary ATM Card Campu Bank Visa/Mastercard Lifestyle Debit Card Annual Fee USD6.00 KHR24,000 USD12.00 KHR48,000 Note:- The 1st year annual fee is to be collected upfront whilst the lost annual fee for the 2nd year onwards will be automatically debited from the customer’s deposit account based on pro-rata amount on monthly basis. • Loss or stolen Card upon payment theft of a penalty of RM12.00. card • Forgotten or compromised PIN USD6.00 KHR24,000 USD10 KHR40,000 • Damage due to wear and tear Provided that the Card shall not be replaced in the event of any such reported loss or theft of the Card for the fourth or subsequent times thereafter. The replacement Card shall be subject to the terms and conditions herein as if it was the original Card. 3.7 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 on 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 shall not have any further right to use the Card.

Appears in 1 contract

Samples: Cardmember Agreement

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POSSESSION OF THE CARD. 3.1 5.1 The Card shall remain the property of the Bank at all 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. 3.2 5.2 The Cardmember shall use all precautions to prevent the loss or theft of the Card. In the event of loss and / or and/or theft of this the Card and / or and/or disclosure of the PIN to any unauthorised person, the Cardmember shall immediately upon the discovery of such event notify the Bank (if such event occurred in MalaysiaCambodia) or any member of Visa Visa/Mastercard International (if such event occurred overseas) by telephone,, telegram, telex, facsimile or e-mail and confirm the same in writing to the Bank accompanied by a police report. 3.3 report but in any case no later than seven (7) days from the happening of the event. 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 and/or by tape recording and / or and/or any other method and such record of any instruction instructions shall be conclusive and binding on the Cardmember. The Cardmember hereby expressly consents that the telephone instruction instructions may be so recorded and hereby acknowledges that any and / or and/or all records maintained by the Bank shall be conclusive and binding for all purposes. 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 of the Cardmember’s telephone calls with the Bank, pursuant to clause above, to enable the Bank to keep the tape recording of all or any instructions given by the Cardmember or purportedly in the Cardmember’s name to 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. 3.4 5.3 In the event of loss / loss/theft as per Clause 3.2 5.2 above and if subsequent to the loss / loss/ theft, the Card is used by an unauthorised person, the Cardmember shall be liable to and indemnify the Bank for all unauthorised charges incurred including financial charges and late payment charge 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 Card by the said unauthorised person until the date of receipt by the Bank of the Cardmember’s written written/verbal notification specified under Clause 3.2 5.2 above. The Cardmember shall be liable for all unauthorised charges After the bank has received notification in the event the Cardmember has (i) acted fraudulently, (ii) delayed manner stipulated in notifying the Bank as soon as reasonably practicable after having discovered the loss / theft or unauthorised use Clause 5.2 above of the Card, (iii) voluntarily disclosed the PIN to another person, (iv) recorded the PIN on the Card or on anything within close proximity loss/theft of the Card and which could from the Cardmember, the Cardmember’s liability may be lost with limited to USD10 for those subsequent unauthorised transactions incurred after the Card or (v) left Bank has received the Card, or an item containing the Card, unattended and / or had voluntarily allowed another person to use the Cardsaid notification. If investigation discloses that the Cardmember is involved in the incurring of any unauthorised unauthorized charges, the Cardmember shall be liable for all the unauthorised unauthorized charges incurred, including financial charges 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 Current Balance Credit Line prescribed by the Bank is not exceeded. 3.5 All claims of a lost or stolen card or disputed transactions performed on the Card will 5.4 The Cardmember shall be investigated by the Bank upon receipt of all relevant information and in accordance with BNM Guidelines and the Bank’s internal investigation procedures. In the event the Bank finds that there has been any attempt to make false claim(s) on a disputed transaction, the Bank reserves the 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 all Cash Advances transacted through the amount of the disputed transaction(s) ATM and all costs and expenses incurred by the Bankthere shall be no limited maximum liability limit as per Clause 5.3 above. 3.6 5.5 The Bank may, at the request of the Cardmember, but without being obliged in law, replace the lost or stolen Card upon payment of a penalty the following replacement fees: USD10 for the first, second, third reported loss or theft of RM12.00the card. Provided that the The Card shall not be replaced in the event of any such the fourth reported loss or theft of the Card for the fourth or subsequent times thereafterCard. The replacement Card shall be subject to the these terms and conditions herein as if it was were the original Card. 3.7 5.6 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 halves to the Bank 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 replacement fee stipulated in Clause 5.5 above. 5.7 The Cardmember shall return the Card to the Bank cut in half or remove / destroy the chip in the Card halves immediately upon its expiry expiry, or upon its cancellation by the Cardmember or on demand by the Bank upon its cancellation, revocation or suspension by the Bank or upon discovery of the Card after notification of its loss, loss and the Cardmember shall not thereafter have any no further right to use the Card.

Appears in 1 contract

Samples: Credit Card Member Agreement

POSSESSION OF THE CARD. 3.1 6.1. The Card shall remain the property of the Bank at all times. 6.2. The Card shall be used exclusively by the CardmemberCardmembers. The Cardmember and the Company shall not transfer or otherwise part with the control or possession of the Card for with any use or purpose unauthorised by the Bankthird party. 6.3. The Card shall not be pledged by the Cardmember or the Company as security for any purpose whatsoever. 3.2 6.4. The Cardmember and the Company shall use all precautions to prevent the loss or theft of the Card. In the event of loss and / or theft of this the Card and / or and/or disclosure of the PIN and/or Card details to any unauthorised person, the Cardmember and/or the Company shall immediately upon the discovery of such event notify the Bank (if such event occurred in Malaysia) or any member of Visa International (if such event occurred overseas) by telephone,, facsimile or e-mail email. The Cardmember and confirm the same Company shall as soon as possible notify the Bank in writing to the Bank accompanied by a police reportreport but in any case no later than seven (7) days from the happening of the event. 3.3 6.5. The Cardmember hereby consents and the Company irrevocably and unconditionally consent that the Bank may (but shall not be obliged to) record the telephone instructions as aforesaid in writing and / or and/or by tape recording and / or and/or any other method and such record of any instruction instructions shall be conclusive and binding on the CardmemberCardmember and the Company. The Cardmember hereby and the Company expressly consents consent that the telephone instruction instructions may be so recorded and hereby acknowledges acknowledge that any and / or and/or all records maintained by the Bank shall be conclusive and binding for all purposes. 6.6. The Cardmember and the Company further agrees agree 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 and/or the Company’s name and the authorised person’s name. The Bank shall be entitled to act on such telephone instructions and shall not be liable for acting in good faith on the telephone instructions which are given or purportedly to be given by such persons the Cardmember and/or the authorised person of the Company regardless of the circumstances prevailing at the time of such instructions. 6.7. The Cardmember accepts that in In consideration of the Bank acting in accordance with such agreeing to act on the telephone instructions above instruction given or in the Cardmember consenting purportedly to the Bank tape recording all or any of the Cardmember’s telephone calls with the Bank, pursuant to clause above, to enable the Bank to keep the tape recording of all or any instructions be given by the Cardmember or purportedly in and/or the Cardmember’s name to authorised person of the BankCompany, the Cardmember hereby agrees and the Company agree to indemnify the Bank and keep the Bank fully indemnified at all times against all any losses, claims, proceedings, demands, damages, costs and expenses whatsoever (including but not limited to legal fees and expenses) which may be incurred or sustained by the Bank howsoever arising out as a result of the Bank acting on the telephone instruction given or in connection with all such instructions as aforesaidpurportedly to be given by the Cardmember and/or the authorised person of the Company. 3.4 6.8. In the event of loss / or theft as per Clause 3.2 6.4 above and if subsequent to the loss / or theft, the Card is used by an unauthorised person, the Cardmember and the Company shall be liable to and indemnify the Bank for for:- 6.8.1. all unauthorised charges incurred including financial charges incurred for any goods or purchased from and/or services supplied by merchants, effected the Merchant; and 6.8.2. Cash Advances not transacted through the use of ATM using the card by the said unauthorised person Card, until the date of receipt by the Bank of the Cardmember’s written notification specified in compliance with the requirements under Clause 3.2 6.4 above. 6.9. The Cardmember and the Company shall be liable for all unauthorised charges in made through the event Card if the Cardmember hasand/or the Company has:- (i) 6.9.1. acted fraudulently,; (ii) 6.9.2. delayed in notifying the Bank as soon as reasonably practicable after having discovered the loss / or theft or unauthorised use of the Card,; (iii) 6.9.3. voluntarily disclosed the PIN to another person,; (iv) 6.9.4. recorded the PIN on the Card or on anything within close proximity of with the Card and which could be lost with the Card orCard; (v) 6.9.5. left the Card, Card or an item containing the CardCard unattended, unattended in places visible and / or had accessible to others, except at the Cardmember’s place of residence. However, a Cardmember is expected to exercise due care in safeguarding the Card even at the Cardmember’s place of residence; or 6.9.6. voluntarily allowed another person to use the Card. 6.10. If an investigation discloses that the Cardmember and/or the Company is involved in the incurring of any unauthorised charges, the Cardmember and/or the Company shall be liable for all the unauthorised such charges incurred, including financial but not limited to Financial Charges and late payment charges, whether before or after the Bank’s 's receipt of such the written confirmationnotification. 6.11. It is expressly agreed that the Bank is not under a duty to ensure that the Current Balance Credit Line as prescribed by the Bank is against the Company for the use of the Card and Credit Line as determined by the Company for each Card are not exceeded. 3.5 6.12. All claims of a lost or stolen card Card or disputed transactions performed on the Card will be investigated by the Bank upon receipt of all relevant information and in accordance with BNM Guidelines Bank Negara Malaysia (BNM) guidelines and the Bank’s internal investigation procedures. In the event the Bank finds that there has been any attempt to make false claim(s) on a disputed transaction, the Bank reserves the right to lodge a police report on the false claim(s) made and / or and/or terminate the Cardmember’s use of the Card, as the case may be, and hold the Company and the Cardmember liable for the amount of the disputed transaction(s) and all costs and expenses incurred by the Bank. The Cardmember and the Company shall be liable for all Cash Advances transacted through the ATM. 3.6 6.13. The Bank may, at the request of the Cardmember, Cardmember but without being obliged in lawis not obligated to, replace the lost or stolen Card. The Company must pay the following replacement fee for each replacement of Card:- 6.13.1. RM50 for any reported loss or theft of the Card upon payment for the first time; 6.13.2. RM100 for any reported loss of a penalty theft of RM12.00the Card for the second time; 6.13.3. Provided that RM150 for any reported loss or theft of the Card for the third time. The Card shall not be replaced in the event of any such reported loss or theft of the Card for the fourth or subsequent times thereaftertogether. 6.14. When a lost Card or stolen Card is found, the Cardmember and the Company shall not use the said Card and shall return the same, cut into halves to the Bank immediately upon retrieval of the said Card. The Bank shall under no obligation to issue a replacement Card to a Cardmember and/or the Company following its lost or theft. Any replacement Card shall be subject to the terms and conditions herein as if it was the original Cardreplacement fee stipulated in Clause 6.13 above. 3.7 6.15. The Cardmember and the Company shall return surrender the Card cut in half to the Bank cut in half or remove / destroy the chip in the Card immediately immediately:- 6.15.1. upon its expiry or expiry; or 6.15.2. upon its cancellation by the Cardmember and/or the Company; or 6.15.3. on demand by the Bank upon its cancellation, revocation or suspension by the Bank or Bank; or 6.15.4. upon discovery of the Card after notification of its loss, loss or theft. The Cardmember and the Company shall not have any further right to use the Card.

Appears in 1 contract

Samples: Commercial Card Agreement

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