Use of the Card. 7.1 The Card carries a dual currency feature which grants Cardmember settlement flexibility in both Ringgit Malaysia and Renmimbi (for RMB transaction). The use of the Card shall also be subject to Bank Negara Malaysia Foreign Exchange Administration Rules. 7.2 Subject to clause 7.6, each Card may be used, in respect of the Ringgit Malaysia Card Account, at any branch of the Bank and other financial institutions and merchants (including any Card Transactions within Mainland China which have been converted from Renminbi into Ringgit Malaysia) which accept such Card for effecting purchases of goods and services, drawing of cash advances (up to a maximum of RM5,000 (daily) or such amounts as may be decided by the Bank, payment of a Cardmember's outstanding accounts with any other bank or credit card issuer in Malaysia other than the Bank by way of Balance Transfer and such other credit card facilities or services as the Bank may from time to time provide or arrange. 7.3 Subject to clause 7.6, each Card may be used, in respect of the Renminbi Card Account, at specified Mainland China branches of ICBC, and other financial institutions and merchants using a Renminbi clearing system/UnionPay (within Mainland China only) which accept such Card for effecting purchases of goods and services, drawing of cash advances, payment of a Cardmember's outstanding Renminbi account with any other bank or credit card issuer in Mainland China other than the Bank by way of Balance Transfer and such other credit card facilities or services as the Bank may from time to time provide or arrange. 7.4 Subject to clause 7.6, a Cardmember may obtain cash advances of maximum of RM5,000 (daily) or such amounts as may be decided by the Bank from time to time by the following means:- (a) presenting the Card at any of the Bank’s branches or of any member institution of China UnionPay together with evidence of the Cardmember’s identification and signing the necessary transaction record; or (b) using the Card at any of the Bank’s ATMs or the ATM of any other bank or institution with whom the Bank has an arrangement(s) for the use of the ATMs of the said bank or institution (in which case the amount of each advance will be further subject to the applicable daily withdrawal limit imposed by such other bank or financial institution). For all inter-country transactions via ATM and/or any member institution of China UnionPay, the exchange rates (if applicable) shall be the prevailing exchange rates which shall be determined by the Bank and all such transactions shall not violate the laws existing in the country where the transactions are effected. For the avoidance of doubt, any withdrawal of excess credit in the Card Account through the use of the Card or by requesting the Bank to issue the Cardmember a cheque for such withdrawals shall be treated as a cash advance and all terms and conditions relating to cash advances shall apply to such withdrawals of funds. A Cardmember’s use of the Card to obtain a cash advance shall be deemed to constitute the Cardmember’s agreement to pay interest on each cash advance and cash advance fee as the Bank may prescribe from time to time. The Statement will show the interest that has been accruing on cash advance until the date of repayment in full and the cash advance fee. 7.5 A Card may also be used to access information of a Cardmember's bank account with the Bank, and such Cardmember agrees that such service shall be subject to any relevant terms and conditions of the Bank from time to time in effect in addition to the terms and conditions under this Agreement. Each Cardmember is advised to read through such terms and conditions of the Bank before proceeding to use such service. 7.6 Each Cardmember shall use a Card, and the Account Holder shall ensure that each Cardmember uses a Card: (a) so that the credit limit for each Card Account (including but not limited to any cash advance limit or limit on Balance Transfer amounts) from time to time notified by the Bank to the Account Holder as applicable to such Card Account is not exceeded; and (b) within the validity date (if any) and the expiry date embossed on a Card. 7.7 A Cardmember's right to use a Card shall be suspended: (a) if such Card is lost or stolen; or (b) if the Bank is informed by a Cardmember that the PIN is or may be known to any other Person; or (c) If requested so by the Bank or the Bank’s authorised agents. 7.8 A Cardmember should ensure that the Card Transaction amount is correct before the Cardmember enters the PIN or signs the sales voucher or transaction records given to Cardmember by merchants or a financial institution when the Cardmember uses the Card and before the Cardmember enters the PIN or other identifying number or password at an electronic banking facility or internet. By signing a voucher or transaction report or entering the PIN or other identifying number or password at an electronic banking facility or internet, the Cardmember indicates his/her acceptance that the Card Transaction amount is correct, but the signature shall not be a condition precedent to the liability of the Cardmember in respect of the purchase transaction. 7.9 Subject to Clause 16.2 below, a Cardmember's failure to sign any sales or cash advance voucher will not relieve the Account Holder and/or such Cardmember from liability to the Bank in respect thereof, including the obligation to pay the Bank for all balances due on the Card Account as specified in this Agreement. 7.10 A Cardmember shall notify the Bank immediately upon receiving short message service (SMS) transaction alert if the transaction was unauthorised. 7.11 The Account Holder and any Cardmember may request that renewal and/or replacement Cards be issued to each Cardmember following expiry, loss or theft of the Cards. The Bank shall be under no obligation to issue a renewal or replacement card and, if any renewal and/or replacement card is issued, the Bank shall be entitled to charge the relevant fee. (a) The Bank may terminate any right of any Cardmember to use his/her Card to access his/her bank account with the Bank. (b) The Bank shall notify any Cardmember in writing of such termination referred to in Clause 7.12(a), and such Cardmember shall immediately return such Card, duly cut in two or otherwise defaced, to the Bank. Until such Card is returned to the Bank, and a replacement Card is issued in accordance with Clause 7.12(c) below, the right to use his/her Card by such Cardmember shall be suspended. (c) If a Cardmember has returned such Card in accordance with Clause 7.12(b) above, the Bank shall issue to such Cardmember a replacement Card, upon which the Cardmember shall no longer be able to access the information of his/her previous bank account terminated by the Bank. 7.13 No Card is transferable and a Cardmember shall not permit his/her Card to be used by any other person in whatsoever circumstances. The Card shall not be pledged by the Cardmember as security for any purpose whatsoever. 7.14 Each Cardmember undertakes to act in good faith at all times in relation to all dealings with the Bank. 7.15 A Cardmember shall not use a Card or the Card Account for any unlawful activities and/or illegal purposes. Any illegal online betting and/or gambling activities are also prohibited. The Bank is entitled, to refuse to act on or give effect to any Card Transaction instruction if the Bank has reason to believe that such instruction is given in connection with any unlawful activities and/or illegal transaction. The Bank reserves the right to reverse or cancel any Card Transaction which it suspects or has reason to believe is for the purpose of or otherwise related to any unlawful activities and/or illegal transaction. Credit of any winnings, unspent chips, or other value usable for gambling transactions will not be accepted nor credited into the Card Account. The Cardmember agrees that the Bank does not owe him/her any duty and/or obligation whatsoever to monitor and block the use of the Card for any unlawful activities. However if the Bank detects unusual or suspicious activity on Cardmember’s Card Account, the Bank may temporarily suspend Cardmember’s credit privileges until the Bank can verify the activity. If the Bank finds that the Card has been used for unlawful activity, the Bank shall be entitled to immediately terminate the use of the Card without prior notice to the Cardmember. The Account Holder undertakes to indemnify and hold the Bank, the Bank’s officer(s), director(s) and employee(s) harmless from and against any and all losses, claims, damages, liabilities, obligations, costs, fees and expenses whatever (including legal fees) that are caused by or arising from the Cardmember using the Card for any unlawful activities. 7.16 The Cardmember cannot use the Card for business and/or commercial purposes which are deemed to be unacceptable by the Bank and the Bank shall be entitled to block the authorisation for the use of the Card for such activities. 7.17 The Bank shall be entitled at any time with notice to the Cardmember to restrict or limit Cardmember’s credit or refuse and otherwise withhold credit. 7.18 If the Cardmember uses the Card to purchase goods and/or services through online internet sites or portals, the Cardmember shall be solely responsible for the security of such use at all times. The Cardmember agrees that the entry of the Card information on the internet shall be sufficient proof of the authenticity of such instructions. The Bank shall not be under any obligation to verify the identity or the authority of the person entering the Card information and the Bank shall not be liable for acting on such use of the Card regardless of whether the person is authorised or otherwise and regardless of the circumstances prevailing at the time of the transaction. However, the Bank reserves the discretion to not carry out any such transactions over the internet if the Bank has any reason to doubt its authenticity or if in the Bank’s opinion it is unlawful or otherwise improper to do so or for any other reason. 7.19 Subject to clauses 16.2 and 17.2, in the event of termination of the use of the Card by the Cardmember, the Cardmember shall remain liable for the amount of any Card Transactions effected through the use of the Card (whether before or after the termination of the Card), including Card Transactions effected but not yet posted to the Card Account as well as Card Transactions arising from any mail or telephone order schemes, existing standing instructions or otherwise howsoever, made or purported to have been made by the Cardmember to a merchant establishment for the provision of goods and services and charged to the Card Account. It is solely the Cardmember’s duty and responsibility to notify the merchant and cancel any existing standing instructions prior to or upon termination of the Card. Upon termination of the use of the Card, the Cardmember should forthwith return the Card, duly cut in two or otherwise defaced, to the Bank at the Cardmember’s own cost and expense. Non return of the same shall in no event validate the Card. 7.20 A Cardmember shall use all reasonable precautions and diligence to prevent unauthorised use of the Cardmember’s old Card upon replacement of damaged Card, early renewal of expiring Card and upgrading of existing Card. To prevent unauthorised usage, a Cardmember shall destroy the damaged/expiring/obsolete Card by cutting it into several pieces ensuring that the chip and magnetic stripe portion is completely damaged before disposing the Card. All Charges arising from all Card Transactions effected through the use of the Card when it has been carelessly disposed in non compliance to this Agreement including all cash withdrawals and advances shall be deemed to have been made by the Cardmember and the Cardmember shall be liable for all such Charges. Without prejudice to the Bank’s rights and notwithstanding that the Cardmember may have exercised all reasonable precaution and diligence to prevent the loss or theft or unauthorised use of the Card, the Cardmember shall remain liable to the Bank if the Cardmember has acted fraudulently in that the Cardmember was involved in the procurement of goods or services supplied by any merchant, cash advances or ATM transactions effected through the use of the unexpired old Card. 7.21 Cardmember will not be liable for card present unauthorised transactions which require PIN verification, provided Cardmember has not: (a) acted fraudulently or with gross negligence; (b) delayed in notifying ICBC 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; (d) recorded the PIN on the Credit Card or anything kept in close proximity with the Credit Card. Cardmember will not be liable for card-present unauthorised transactions which require signature verification or the use of a contactless card, provided Cardmember has not: (a) acted fraudulently or with gross negligence; (b) delayed in notifying the Bank as soon as reasonably practicable after having discovered the loss or unauthorised use of the Credit Card; (c) Left the Credit Card or an item containing the Credit Card unattended in places visible and accessible to others. Cardmemebers shall exercise due care in safeguarding the Credit Card even at the Cardholder’s place of residence; (d) voluntarily allowed another person to use the Credit Card.
Appears in 3 contracts
Samples: Cardmember Agreement, Cardmember Agreement, Cardmember Agreement
Use of the Card. 7.1 The Card carries a dual currency feature which grants Cardmember settlement flexibility in both Ringgit Malaysia and Renmimbi (for RMB transaction). The use of the Card shall also be subject to Bank Negara Malaysia Foreign Exchange Administration Rules.
7.2 Subject to clause 7.67.4, each the Card may be used, in respect of the Ringgit Malaysia Card Account, used at any branch of the Bank and other financial institutions and merchants (including any Card Transactions within Mainland China which have been converted from Renminbi into Ringgit Malaysia) which accept such Card for effecting purchases of goods and services, drawing of cash advances (up to a maximum of RM5,000 (daily) or such amounts as may be decided by the BankBank at our absolute discretion from time to time), payment of a Cardmember's outstanding accounts with any other bank or credit card issuer in Malaysia other than the Bank by way of Balance Transfer and such other credit card facilities or services as the Bank may from time to time provide or arrange.
7.3 7.2 Subject to clause 7.6, each Card may be used, in respect of the Renminbi Card Account, at specified Mainland China branches of ICBC, and other financial institutions and merchants using a Renminbi clearing system/UnionPay (within Mainland China only) which accept such Card for effecting purchases of goods and services, drawing of cash advances, payment of a Cardmember's outstanding Renminbi account with any other bank or credit card issuer in Mainland China other than the Bank by way of Balance Transfer and such other credit card facilities or services as the Bank may from time to time provide or arrange.
7.4 Subject to clause 7.67.4, a Cardmember may obtain cash advances of maximum of RM5,000 (daily) or such amounts as may be decided by the Bank at its absolute discretion from time to time by the following means:-
(a) presenting the Card at any of the Bank’s branches or of any member institution of China UnionPay Visa together with evidence of the Cardmember’s identification and signing the necessary transaction record; or
(b) using the Card at any of the Bank’s ATMs or the ATM of any other bank or institution with whom the Bank has an arrangement(s) for the use of the ATMs of the said bank or institution (in which case the amount of each advance will be further subject to the applicable daily withdrawal limit imposed by such other bank or financial institution). For all inter-country transactions via ATM and/or any member institution of China UnionPayVisa, the exchange rates (if applicable) shall be the prevailing exchange rates which shall be determined by the Bank at its sole discretion and all such transactions shall not violate the laws existing in the country where the transactions are effected. For the avoidance of doubt, any withdrawal of excess credit in the Card Account through the use of the Card or by requesting the Bank to issue the Cardmember a cheque for such withdrawals shall be treated as a cash advance and all terms and conditions relating to cash advances shall apply to such withdrawals of funds. A Cardmember’s use of the Card to obtain a cash advance shall be deemed to constitute the Cardmember’s agreement to pay interest on each cash advance and cash advance fee as the Bank may prescribe from time to time. The Statement will show the interest that has been accruing on cash advance until the date of repayment in full and the cash advance fee.
7.5 7.3 A Card may also be used to access information of a Cardmember's bank account with the Bank, and such Cardmember agrees that such service shall be subject to any relevant terms and conditions of the Bank from time to time in effect in addition to the terms and conditions under this Agreement. Each Cardmember is advised to read through such terms and conditions of the Bank before proceeding to use such service.
7.6 7.4 Each Cardmember shall use a Card, and the Account Holder shall ensure that each Cardmember uses a Card:
(a) so that the credit limit for each Card Account (including but not limited to any cash advance limit or limit on Balance Transfer amounts) from time to time notified by the Bank to the Account Holder as applicable to such Card Account is not exceeded; and
(b) within the validity date (if any) and the expiry date embossed on a Card.
7.7 7.5 A Cardmember's right to use a Card shall be suspended:
(a) if such Card is lost or stolen; or
(b) if the Bank is informed by a Cardmember that the PIN is or may be known to any other Person; or
(c) If if requested so by the Bank or the Bank’s authorised agents.
7.8 7.6 A Cardmember should ensure that the Card Transaction amount is correct before the Cardmember enters the PIN or signs the sales voucher or transaction records given to Cardmember by merchants or a financial institution when the Cardmember uses the Card and before the Cardmember enters the PIN or other identifying number or password at an electronic banking facility or internet. By signing a voucher or transaction report or entering the PIN or other identifying number or password at an electronic banking facility or internet, the Cardmember indicates his/her acceptance that the Card Transaction amount is correct, but the signature shall not be a condition precedent to the liability of the Cardmember in respect of the purchase transaction.
7.9 7.7 Subject to Clause 16.2 below, a Cardmember's failure to sign any sales or cash advance voucher will not relieve the Account Holder and/or such Cardmember from liability to the Bank in respect thereof, including the obligation to pay the Bank for all balances due on the Card Account as specified in this Agreement.
7.10 7.8 A Cardmember shall notify the Bank immediately upon receiving short message service (SMS) transaction alert if the transaction was unauthorised.
7.11 7.9 The Account Holder and any Cardmember may request that renewal and/or replacement Cards be issued to each Cardmember following expiry, loss or theft of the Cards. The Bank shall be under no obligation to issue a renewal or replacement card and, if any renewal and/or replacement card is issued, the Bank shall be entitled to charge the relevant fee.
(a) The Bank may at any time in its sole discretion and without giving any reasons, terminate any right of any Cardmember to use his/her Card to access his/her bank account with the Bank.
(b) The Bank shall notify any Cardmember in writing of such termination referred to in Clause 7.12(a7.10(a), and such Cardmember shall immediately return such Card, duly cut in two or otherwise defaced, to the Bank. Until such Card is returned to the Bank, and a replacement Card is issued in accordance with Clause 7.12(c7.10(c) below, the right to use his/her Card by such Cardmember shall be suspended.
(c) If a Cardmember has returned such Card in accordance with Clause 7.12(b7.10(b) above, the Bank shall issue to such Cardmember a replacement Card, upon which the Cardmember shall no longer be able to access the information of his/her previous bank account terminated by the Bank.
7.13 7.11 No Card is transferable and a Cardmember shall not permit his/her Card to be used by any other person in whatsoever circumstances. The Card shall not be pledged by the Cardmember as security for any purpose whatsoever.
7.14 7.12 Each Cardmember undertakes to act in good faith at all times in relation to all dealings with the Bank.
7.15 7.13 A Cardmember shall not use a Card or the Card Account for any unlawful activities and/or illegal purposes. Any illegal online betting and/or gambling activities are also prohibited. The Bank is entitled, in its sole and absolute discretion, to refuse to act on or give effect to any Card Transaction instruction if the Bank has reason to believe that such instruction is given in connection with any unlawful activities and/or illegal transaction. The Bank reserves the right to reverse or cancel any Card Transaction which it suspects or has reason to believe is for the purpose of or otherwise related to any unlawful activities and/or illegal transaction. Credit of any winnings, unspent chips, or other value usable for gambling transactions will not be accepted nor credited into the Card Account. The Cardmember agrees that the Bank does not owe him/her any duty and/or obligation whatsoever to monitor and block the use of the Card for any unlawful activities. However if the Bank detects unusual or suspicious activity on Cardmember’s Card Account, the Bank may temporarily suspend Cardmember’s credit privileges until the Bank can verify the activity. If the Bank finds that the Card has been used for unlawful activity, the Bank shall be entitled to immediately terminate the use of the Card without prior notice to the Cardmember. The Account Holder undertakes to indemnify and hold the Bank, the Bank’s officer(s), director(s) and employee(s) harmless from and against any and all losses, claims, damages, liabilities, obligations, costs, fees and expenses whatever (including legal fees) that are caused by or arising from the Cardmember using the Card for any unlawful activities.
7.16 7.14 The Cardmember cannot use the Card for business and/or commercial purposes which are deemed to be unacceptable by the Bank and the Bank shall be entitled to block the authorisation for the use of the Card for such activities.
7.17 7.15 The Bank shall be entitled at any time (in its absolute discretion and without assigning any reason thereon) and with notice to the Cardmember to restrict or limit Cardmember’s credit or refuse and otherwise withhold credit.
7.18 7.16 If the Cardmember uses the Card to purchase goods and/or services through online internet sites or portals, the Cardmember shall be solely responsible for the security of such use at all times. The Cardmember agrees that the entry of the Card information on the internet shall be sufficient proof of the authenticity of such instructions. The Bank shall not be under any obligation to verify the identity or the authority of the person entering the Card information and the Bank shall not be liable for acting on such use of the Card regardless of whether the person is authorised or otherwise and regardless of the circumstances prevailing at the time of the transaction. However, the Bank reserves the discretion to not carry out any such transactions over the internet if the Bank has any reason to doubt its authenticity or if in the Bank’s opinion it is unlawful or otherwise improper to do so or for any other reason.
7.19 7.17 Subject to clauses 16.2 and 17.2, in the event of termination of the use of the Card by the Cardmember, the Cardmember shall remain liable for the amount of any Card Transactions effected through the use of the Card (whether before or after the termination of the Card), including Card Transactions effected but not yet posted to the Card Account as well as Card Transactions arising from any mail or telephone order schemes, existing standing instructions or otherwise howsoever, made or purported to have been made by the Cardmember to a merchant establishment for the provision of goods and services and charged to the Card Account. It is solely the Cardmember’s duty and responsibility to notify the merchant and cancel any existing standing instructions prior to or upon termination of the Card. Upon termination of the use of the Card, the Cardmember should forthwith return the Card, duly cut in two or otherwise defaced, to the Bank at the Cardmember’s own cost and expense. Non return of the same shall in no event validate the Card.
7.20 7.18 A Cardmember shall use all reasonable precautions and diligence to prevent unauthorised use of the Cardmember’s old Card upon replacement of damaged Card, early renewal of expiring Card and upgrading of existing Card. To prevent unauthorised usage, a Cardmember shall destroy the damaged/expiring/obsolete Card by cutting it into several pieces ensuring that the chip and magnetic stripe portion is completely damaged before disposing the Card. All Charges arising from all Card Transactions effected through the use of the Card when it has been carelessly disposed in non compliance to this Agreement including all cash withdrawals and advances shall be deemed to have been made by the Cardmember and the Cardmember shall be liable for all such Charges. Without prejudice to the Bank’s rights and notwithstanding that the Cardmember may have exercised all reasonable precaution and diligence to prevent the loss or theft or unauthorised use of the Card, the Cardmember shall remain liable to the Bank if the Cardmember has acted fraudulently in that the Cardmember was involved in the procurement of goods or services supplied by any merchant, cash advances or ATM transactions effected through the use of the unexpired old Card.
7.21 7.19 Cardmember will not be liable for card present unauthorised transactions which require PIN verification, provided Cardmember has not:
(a) acted fraudulently or with gross negligence;
(b) delayed in notifying ICBC 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;
(d) recorded the PIN on the Credit Card or anything kept in close proximity with the Credit Card. Cardmember will not be liable for card-present unauthorised transactions which require signature verification or the use of a contactless card, provided Cardmember has not:
(a) acted fraudulently or with gross negligence;
(b) delayed in notifying the Bank as soon as reasonably practicable after having discovered the loss or unauthorised use of the Credit Card;
(c) Left left the Credit Card or an item containing the Credit Card unattended in places visible and accessible to others. Cardmemebers shall exercise due care in safeguarding the Credit Card even at the Cardholder’s place of residence;
(d) voluntarily allowed another person to use the Credit Card.
Appears in 3 contracts
Samples: Cardmember Agreement, Cardmember Agreement, Cardmember Agreement
Use of the Card. 7.1 The Card carries a dual currency feature which grants Cardmember settlement flexibility in both Ringgit Malaysia and Renmimbi (for RMB transaction). The use of the Card shall also be subject to Bank Negara Malaysia Foreign Exchange Administration Rules.
7.2 Subject to clause 7.67.4, each the Card may be used, in respect of the Ringgit Malaysia Card Account, used at any branch of the Bank and other financial institutions and merchants (including any Card Transactions within Mainland China which have been converted from Renminbi into Ringgit Malaysia) which accept such Card for effecting purchases of goods and services, drawing of cash advances (up to a maximum of RM5,000 (daily) or such amounts as may be decided by the BankBank from time to time), payment of a Cardmember's outstanding accounts with any other bank or credit card issuer in Malaysia other than the Bank by way of Balance Transfer and such other credit card facilities or services as the Bank may from time to time provide or arrange.
7.3 7.2 Subject to clause 7.6, each Card may be used, in respect of the Renminbi Card Account, at specified Mainland China branches of ICBC, and other financial institutions and merchants using a Renminbi clearing system/UnionPay (within Mainland China only) which accept such Card for effecting purchases of goods and services, drawing of cash advances, payment of a Cardmember's outstanding Renminbi account with any other bank or credit card issuer in Mainland China other than the Bank by way of Balance Transfer and such other credit card facilities or services as the Bank may from time to time provide or arrange.
7.4 Subject to clause 7.67.4, a Cardmember may obtain cash advances of maximum of RM5,000 (daily) or such amounts as may be decided by the Bank from time to time by the following means:-
(a) presenting the Card at any of the Bank’s branches or of any member institution of China UnionPay Visa together with evidence of the Cardmember’s identification and signing the necessary transaction record; or
(b) using the Card at any of the Bank’s ATMs or the ATM of any other bank or institution with whom the Bank has an arrangement(s) for the use of the ATMs of the said bank or institution (in which case the amount of each advance will be further subject to the applicable daily withdrawal limit imposed by such other bank or financial institution). For all inter-country transactions via ATM and/or any member institution of China UnionPayVisa, the exchange rates (if applicable) shall be the prevailing exchange rates which shall be determined by the Bank and all such transactions shall not violate the laws existing in the country where the transactions are effected. For the avoidance of doubt, any withdrawal of excess credit in the Card Account through the use of the Card or by requesting the Bank to issue the Cardmember a cheque for such withdrawals shall be treated as a cash advance and all terms and conditions relating to cash advances shall apply to such withdrawals of funds. A Cardmember’s use of the Card to obtain a cash advance shall be deemed to constitute the Cardmember’s agreement to pay interest on each cash advance and cash advance fee as the Bank may prescribe from time to time. The Statement will show the interest that has been accruing on cash advance until the date of repayment in full and the cash advance fee.
7.5 7.3 A Card may also be used to access information of a Cardmember's bank account with the Bank, and such Cardmember agrees that such service shall be subject to any relevant terms and conditions of the Bank from time to time in effect in addition to the terms and conditions under this Agreement. Each Cardmember is advised to read through such terms and conditions of the Bank before proceeding to use such service.
7.6 7.4 Each Cardmember shall use a Card, and the Account Holder shall ensure that each Cardmember uses a Card:
(a) so that the credit limit for each Card Account (including but not limited to any cash advance limit or limit on Balance Transfer amounts) from time to time notified by the Bank to the Account Holder as applicable to such Card Account is not exceeded; and
(b) within the validity date (if any) and the expiry date embossed on a Card.
7.7 7.5 A Cardmember's right to use a Card shall be suspended:
(a) if such Card is lost or stolen; or
(b) if the Bank is informed by a Cardmember that the PIN is or may be known to any other Person; or
(c) If if requested so by the Bank or the Bank’s authorised agents.
7.8 7.6 A Cardmember should ensure that the Card Transaction amount is correct before the Cardmember enters the PIN or signs the sales voucher or transaction records given to Cardmember by merchants or a financial institution when the Cardmember uses the Card and before the Cardmember enters the PIN or other identifying number or password at an electronic banking facility or internet. By signing a voucher or transaction report or entering the PIN or other identifying number or password at an electronic banking facility or internet, the Cardmember indicates his/her acceptance that the Card Transaction amount is correct, but the signature shall not be a condition precedent to the liability of the Cardmember in respect of the purchase transaction.
7.9 7.7 Subject to Clause 16.2 below, a Cardmember's failure to sign any sales or cash advance voucher will not relieve the Account Holder and/or such Cardmember from liability to the Bank in respect thereof, including the obligation to pay the Bank for all balances due on the Card Account as specified in this Agreement.
7.10 7.8 A Cardmember shall notify the Bank immediately upon receiving short message service (SMS) transaction alert if the transaction was unauthorised.
7.11 7.9 The Account Holder and any Cardmember may request that renewal and/or replacement Cards be issued to each Cardmember following expiry, loss or theft of the Cards. The Bank shall be under no obligation to issue a renewal or replacement card and, if any renewal and/or replacement card is issued, the Bank shall be entitled to charge the relevant fee.
(a) The Bank may at any time terminate any right of any Cardmember to use his/her Card to access his/her bank account with the Bank.
(b) The Bank shall notify any Cardmember in writing of such termination referred to in Clause 7.12(a7.10(a), and such Cardmember shall immediately return such Card, duly cut in two or otherwise defaced, to the Bank. Until such Card is returned to the Bank, and a replacement Card is issued in accordance with Clause 7.12(c7.10(c) below, the right to use his/her Card by such Cardmember shall be suspended.
(c) If a Cardmember has returned such Card in accordance with Clause 7.12(b7.10(b) above, the Bank shall issue to such Cardmember a replacement Card, upon which the Cardmember shall no longer be able to access the information of his/her previous bank account terminated by the Bank.
7.13 7.11 No Card is transferable and a Cardmember shall not permit his/her Card to be used by any other person in whatsoever circumstances. The Card shall not be pledged by the Cardmember as security for any purpose whatsoever.
7.14 7.12 Each Cardmember undertakes to act in good faith at all times in relation to all dealings with the Bank.
7.15 7.13 A Cardmember shall not use a Card or the Card Account for any unlawful activities and/or illegal purposes. Any illegal online betting and/or gambling activities are also prohibited. The Bank is entitled, to refuse to act on or give effect to any Card Transaction instruction if the Bank has reason to believe that such instruction is given in connection with any unlawful activities and/or illegal transaction. The Bank reserves the right to reverse or cancel any Card Transaction which it suspects or has reason to believe is for the purpose of or otherwise related to any unlawful activities and/or illegal transaction. Credit of any winnings, unspent chips, or other value usable for gambling transactions will not be accepted nor credited into the Card Account. The Cardmember agrees that the Bank does not owe him/her any duty and/or obligation whatsoever to monitor and block the use of the Card for any unlawful activities. However if the Bank detects unusual or suspicious activity on Cardmember’s Card Account, the Bank may temporarily suspend Cardmember’s credit privileges until the Bank can verify the activity. If the Bank finds that the Card has been used for unlawful activity, the Bank shall be entitled to immediately terminate the use of the Card without prior notice to the Cardmember. The Account Holder undertakes to indemnify and hold the Bank, the Bank’s officer(s), director(s) and employee(s) harmless from and against any and all losses, claims, damages, liabilities, obligations, costs, fees and expenses whatever (including legal fees) that are caused by or arising from the Cardmember using the Card for any unlawful activities.
7.16 7.14 The Cardmember cannot use the Card for business and/or commercial purposes which are deemed to be unacceptable by the Bank and the Bank shall be entitled to block the authorisation for the use of the Card for such activities.
7.17 7.15 The Bank shall be entitled at any time and with notice to the Cardmember to restrict or limit Cardmember’s credit or refuse and otherwise withhold credit.
7.18 7.16 If the Cardmember uses the Card to purchase goods and/or services through online internet sites or portals, the Cardmember shall be solely responsible for the security of such use at all times. The Cardmember agrees that the entry of the Card information on the internet shall be sufficient proof of the authenticity of such instructions. The Bank shall not be under any obligation to verify the identity or the authority of the person entering the Card information and the Bank shall not be liable for acting on such use of the Card regardless of whether the person is authorised or otherwise and regardless of the circumstances prevailing at the time of the transaction. However, the Bank reserves the discretion to not carry out any such transactions over the internet if the Bank has any reason to doubt its authenticity or if in the Bank’s opinion it is unlawful or otherwise improper to do so or for any other reason.
7.19 7.17 Subject to clauses 16.2 and 17.2, in the event of termination of the use of the Card by the Cardmember, the Cardmember shall remain liable for the amount of any Card Transactions effected through the use of the Card (whether before or after the termination of the Card), including Card Transactions effected but not yet posted to the Card Account as well as Card Transactions arising from any mail or telephone order schemes, existing standing instructions or otherwise howsoever, made or purported to have been made by the Cardmember to a merchant establishment for the provision of goods and services and charged to the Card Account. It is solely the Cardmember’s duty and responsibility to notify the merchant and cancel any existing standing instructions prior to or upon termination of the Card. Upon termination of the use of the Card, the Cardmember should forthwith return the Card, duly cut in two or otherwise defaced, to the Bank at the Cardmember’s own cost and expense. Non return of the same shall in no event validate the Card.
7.20 7.18 A Cardmember shall use all reasonable precautions and diligence to prevent unauthorised use of the Cardmember’s old Card upon replacement of damaged Card, early renewal of expiring Card and upgrading of existing Card. To prevent unauthorised usage, a Cardmember shall destroy the damaged/expiring/obsolete Card by cutting it into several pieces ensuring that the chip and magnetic stripe portion is completely damaged before disposing the Card. All Charges arising from all Card Transactions effected through the use of the Card when it has been carelessly disposed in non compliance to this Agreement including all cash withdrawals and advances shall be deemed to have been made by the Cardmember and the Cardmember shall be liable for all such Charges. Without prejudice to the Bank’s rights and notwithstanding that the Cardmember may have exercised all reasonable precaution and diligence to prevent the loss or theft or unauthorised use of the Card, the Cardmember shall remain liable to the Bank if the Cardmember has acted fraudulently in that the Cardmember was involved in the procurement of goods or services supplied by any merchant, cash advances or ATM transactions effected through the use of the unexpired old Card.
7.21 7.19 Cardmember will not be liable for card present unauthorised transactions which require PIN verification, provided Cardmember has not:
(a) acted fraudulently or with gross negligence;
(b) delayed in notifying ICBC 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;
(d) recorded the PIN on the Credit Card or anything kept in close proximity with the Credit Card. Cardmember will not be liable for card-present unauthorised transactions which require signature verification or the use of a contactless card, provided Cardmember has not:
(a) acted fraudulently or with gross negligence;
(b) delayed in notifying the Bank as soon as reasonably practicable after having discovered the loss or unauthorised use of the Credit Card;
(c) Left left the Credit Card or an item containing the Credit Card unattended in places visible and accessible to others. Cardmemebers shall exercise due care in safeguarding the Credit Card even at the Cardholder’s place of residence;
(d) voluntarily allowed another person to use the Credit Card.
Appears in 2 contracts
Samples: Cardmember Agreement, Cardmember Agreement
Use of the Card. 7.1 The Card carries a dual currency feature which grants Cardmember settlement flexibility in both Ringgit Malaysia and Renmimbi (for RMB transaction). The use of the Card shall also be subject to Bank Negara Malaysia Foreign Exchange Administration Rules.
7.2 Subject to clause 7.67.4, each the Card may be used, in respect of the Ringgit Malaysia Card Account, used at any branch of the Bank and other financial institutions and merchants (including any Card Transactions within Mainland China which have been converted from Renminbi into Ringgit Malaysia) which accept such Card for effecting purchases of goods and services, drawing of cash advances (up to a maximum of RM5,000 (daily) or such amounts as may be decided by the BankBank at our absolute discretion from time to time), payment of a Cardmember's outstanding accounts with any other bank or credit card issuer in Malaysia other than the Bank by way of Balance Transfer and such other credit card facilities or services as the Bank may from time to time provide or arrange.
7.3 7.2 Subject to clause 7.6, each Card may be used, in respect of the Renminbi Card Account, at specified Mainland China branches of ICBC, and other financial institutions and merchants using a Renminbi clearing system/UnionPay (within Mainland China only) which accept such Card for effecting purchases of goods and services, drawing of cash advances, payment of a Cardmember's outstanding Renminbi account with any other bank or credit card issuer in Mainland China other than the Bank by way of Balance Transfer and such other credit card facilities or services as the Bank may from time to time provide or arrange.
7.4 Subject to clause 7.67.4, a Cardmember may obtain cash advances of maximum of RM5,000 (daily) or such amounts as may be decided by the Bank at its absolute discretion from time to time by the following means:-
(a) presenting the Card at any of the Bank’s branches or of any member institution of China UnionPay Visa together with evidence of the Cardmember’s identification and signing the necessary transaction record; or
(b) using the Card at any of the Bank’s ATMs or the ATM of any other bank or institution with whom the Bank has an arrangement(s) for the use of the ATMs of the said bank or institution (in which case the amount of each advance will be further subject to the applicable daily withdrawal limit imposed by such other bank or financial institution). For all inter-country transactions via ATM and/or any member institution of China UnionPayVisa, the exchange rates (if applicable) shall be the prevailing exchange rates which shall be determined by the Bank at its sole discretion and all such transactions shall not violate the laws existing in the country where the transactions are effected. For the avoidance of doubt, any withdrawal of excess credit in the Card Account through the use of the Card or by requesting the Bank to issue the Cardmember a cheque for such withdrawals shall be treated as a cash advance and all terms and conditions relating to cash advances shall apply to such withdrawals of funds. A Cardmember’s use of the Card to obtain a cash advance shall be deemed to constitute the Cardmember’s agreement to pay interest on each cash advance and cash advance fee as the Bank may prescribe from time to time. The Statement will show the interest that has been accruing on cash advance until the date of repayment in full and the cash advance fee.
7.5 7.3 A Card may also be used to access information of a Cardmember's bank account with the Bank, and such Cardmember agrees that such service shall be subject to any relevant terms and conditions of the Bank from time to time in effect in addition to the terms and conditions under this Agreement. Each Cardmember is advised to read through such terms and conditions of the Bank before proceeding to use such service.
7.6 7.4 Each Cardmember shall use a Card, and the Account Holder shall ensure that each Cardmember uses a Card:
(a) so that the credit limit for each Card Account (including but not limited to any cash advance limit or limit on Balance Transfer amounts) from time to time notified by the Bank to the Account Holder as applicable to such Card Account is not exceeded; and
(b) within the validity date (if any) and the expiry date embossed on a Card.
7.7 7.5 A Cardmember's right to use a Card shall be suspended:
(a) if such Card is lost or stolen; or
(b) if the Bank is informed by a Cardmember that the PIN is or may be known to any other Person; or
(c) If if requested so by the Bank or the Bank’s authorised agents.
7.8 A Cardmember should ensure that the Card Transaction amount is correct before the Cardmember enters the PIN or signs the sales voucher or transaction records given to Cardmember by merchants or a financial institution when the Cardmember uses the Card and before the Cardmember enters the PIN or other identifying number or password at an electronic banking facility or internet. By signing a voucher or transaction report or entering the PIN or other identifying number or password at an electronic banking facility or internet, the Cardmember indicates his/her acceptance that the Card Transaction amount is correct, but the signature shall not be a condition precedent to the liability of the Cardmember in respect of the purchase transaction.
7.9 Subject to Clause 16.2 below, a Cardmember's failure to sign any sales or cash advance voucher will not relieve the Account Holder and/or such Cardmember from liability to the Bank in respect thereof, including the obligation to pay the Bank for all balances due on the Card Account as specified in this Agreement.
7.10 A Cardmember shall notify the Bank immediately upon receiving short message service (SMS) transaction alert if the transaction was unauthorised.
7.11 7.6 The Account Holder and any Cardmember may request that renewal and/or replacement Cards be issued to each Cardmember following expiry, loss or theft of the Cards. The Bank shall be under no obligation to issue a renewal or replacement card and, if any renewal and/or replacement card is issued, the Bank shall be entitled to charge the relevant fee.
(a) The Bank may at any time in its sole discretion and without giving any reasons, terminate any right of any Cardmember to use his/her Card to access his/her bank account with the Bank.
(b) The Bank shall notify any Cardmember in writing of such termination referred to in Clause 7.12(a7.7(a), and such Cardmember shall immediately return such Card, duly cut in two or otherwise defaced, to the Bank. Until such Card is returned to the Bank, and a replacement Card is issued in accordance with Clause 7.12(c7.7(c) below, the right to use his/her Card by such Cardmember shall be suspended.
(c) If a Cardmember has returned such Card in accordance with Clause 7.12(b7.7(b) above, the Bank shall issue to such Cardmember a replacement Card, upon which the Cardmember shall no longer be able to access the information of his/her previous bank account terminated by the Bank.
7.13 7.8 No Card is transferable and a Cardmember shall not permit his/her Card to be used by any other person in whatsoever circumstances. The Card shall not be pledged by the Cardmember as security for any purpose whatsoever.
7.14 7.9 Each Cardmember undertakes to act in good faith at all times in relation to all dealings with the Bank.
7.15 7.10 A Cardmember shall not use a Card or the Card Account for any unlawful activities and/or illegal purposes. Any illegal online betting and/or gambling activities are also prohibited. The Bank is entitled, in its sole and absolute discretion, to refuse to act on or give effect to any Card Transaction instruction if the Bank has reason to believe that such instruction is given in connection with any unlawful activities and/or illegal transaction. The Bank reserves the right to reverse or cancel any Card Transaction which it suspects or has reason to believe is for the purpose of or otherwise related to any unlawful activities and/or illegal transaction. Credit of any winnings, unspent chips, or other value usable for gambling transactions will not be accepted nor credited into the Card Account. The Cardmember agrees that the Bank does not owe him/her any duty and/or obligation whatsoever to monitor and block the use of the Card for any unlawful activities. However if the Bank detects unusual or suspicious activity on Cardmember’s Card Account, the Bank may temporarily suspend Cardmember’s credit privileges until the Bank can verify the activity. If the Bank finds that the Card has been used for unlawful activity, the Bank shall be entitled to immediately terminate the use of the Card without prior notice to the Cardmember. The Account Holder undertakes to indemnify and hold the Bank, the Bank’s officer(s), director(s) and employee(s) harmless from and against any and all losses, claims, damages, liabilities, obligations, costs, fees and expenses whatever (including legal fees) that are caused by or arising from the Cardmember using the Card for any unlawful activities.
7.16 7.11 The Cardmember cannot use the Card for business and/or commercial purposes which are deemed to be unacceptable by the Bank and the Bank shall be entitled to block the authorisation for the use of the Card for such activities.
7.17 7.12 The Bank shall be entitled at any time (in its absolute discretion and without assigning any reason thereon) and with notice to the Cardmember to restrict or limit Cardmember’s credit or refuse and otherwise withhold credit.
7.18 7.13 If the Cardmember uses the Card to purchase goods and/or services through online internet sites or portals, the Cardmember shall be solely responsible for the security of such use at all times. The Cardmember agrees that the entry of the Card information on the internet shall be sufficient proof of the authenticity of such instructions. The Bank shall not be under any obligation to verify the identity or the authority of the person entering the Card information and the Bank shall not be liable for acting on such use of the Card regardless of whether the person is authorised or otherwise and regardless of the circumstances prevailing at the time of the transaction. However, the Bank reserves the discretion to not carry out any such transactions over the internet if the Bank has any reason to doubt its authenticity or if in the Bank’s opinion it is unlawful or otherwise improper to do so or for any other reason.
7.19 7.14 Subject to clauses 16.2 17.2 and 17.218.2, in the event of termination of the use of the Card by the Cardmember, the Cardmember shall remain liable for the amount of any Card Transactions effected through the use of the Card (whether before or after the termination of the Card), including Card Transactions effected but not yet posted to the Card Account as well as Card Transactions arising from any mail or telephone order schemes, existing standing instructions or otherwise howsoever, made or purported to have been made by the Cardmember to a merchant establishment for the provision of goods and services and charged to the Card Account. It is solely the Cardmember’s duty and responsibility to notify the merchant and cancel any existing standing instructions prior to or upon termination of the Card. Upon termination of the use of the Card, the Cardmember should forthwith return the Card, duly cut in two or otherwise defaced, to the Bank at the Cardmember’s own cost and expense. Non return of the same shall in no event validate the Card.
7.20 7.15 A Cardmember shall use all reasonable precautions and diligence to prevent unauthorised use of the Cardmember’s old Card upon replacement of damaged Card, early renewal of expiring Card and upgrading of existing Card. To prevent unauthorised usage, a Cardmember shall destroy the damaged/expiring/obsolete Card by cutting it into several pieces ensuring that the chip and magnetic stripe portion is completely damaged before disposing the Card. All Charges arising from all Card Transactions effected through the use of the Card when it has been carelessly disposed in non compliance to this Agreement including all cash withdrawals and advances shall be deemed to have been made by the Cardmember and the Cardmember shall be liable for all such Charges. Without prejudice to the Bank’s rights and notwithstanding that the Cardmember may have exercised all reasonable precaution and diligence to prevent the loss or theft or unauthorised use of the Card, the Cardmember shall remain liable to the Bank if the Cardmember has acted fraudulently in that the Cardmember was involved in the procurement of goods or services supplied by any merchant, cash advances or ATM transactions effected through the use of the unexpired old Card.
7.21 7.16 Cardmember will not be liable for card present unauthorised transactions which require PIN verification, provided Cardmember has not:
(a) acted fraudulently or with gross negligence;
(b) delayed in notifying ICBC 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;
(d) recorded the PIN on the Credit Card or anything kept in close proximity with the Credit Card. Cardmember will not be liable for card-present unauthorised transactions which require signature verification or the use of a contactless card, provided Cardmember has not:
(a) acted fraudulently or with gross negligence;
(b) delayed in notifying the Bank as soon as reasonably practicable after having discovered the loss or unauthorised use of the Credit Card;
(c) Left left the Credit Card or an item containing the Credit Card unattended in places visible and accessible to others. Cardmemebers shall exercise due care in safeguarding the Credit Card even at the Cardholder’s place of residence;
(d) voluntarily allowed another person to use the Credit Card.
Appears in 1 contract
Samples: Cardmember Agreement
Use of the Card. 7.1 The Card carries a dual currency feature which grants Cardmember settlement flexibility in both Ringgit Malaysia and Renmimbi (for RMB transaction). The use of the Card shall also be subject to Bank Negara Malaysia Foreign Exchange Administration Rules.
7.2 Subject to clause 7.67.4, each the Card may be used, in respect of the Ringgit Malaysia Card Account, used at any branch of the Bank and other financial institutions and merchants (including any Card Transactions within Mainland China which have been converted from Renminbi into Ringgit Malaysia) which accept such Card for effecting purchases of goods and services, drawing of cash advances (up to a maximum of RM5,000 (daily) or such amounts as may be decided by the BankBank from time to time), payment of a Cardmember's outstanding accounts with any other bank or credit card issuer in Malaysia other than the Bank by way of Balance Transfer and such other credit card facilities or services as the Bank may from time to time provide or arrange.
7.3 7.2 Subject to clause 7.6, each Card may be used, in respect of the Renminbi Card Account, at specified Mainland China branches of ICBC, and other financial institutions and merchants using a Renminbi clearing system/UnionPay (within Mainland China only) which accept such Card for effecting purchases of goods and services, drawing of cash advances, payment of a Cardmember's outstanding Renminbi account with any other bank or credit card issuer in Mainland China other than the Bank by way of Balance Transfer and such other credit card facilities or services as the Bank may from time to time provide or arrange.
7.4 Subject to clause 7.67.4, a Cardmember may obtain cash advances of maximum of RM5,000 (daily) or such amounts as may be decided by the Bank from time to time by the following means:-
(a) presenting the Card at any of the Bank’s branches or of any member institution of China UnionPay Visa together with evidence of the Cardmember’s identification and signing the necessary transaction record; or
(b) using the Card at any of the Bank’s ATMs or the ATM of any other bank or institution with whom the Bank has an arrangement(s) for the use of the ATMs of the said bank or institution (in which case the amount of each advance will be further subject to the applicable daily withdrawal limit imposed by such other bank or financial institution). For all inter-country transactions via ATM and/or any member institution of China UnionPayVisa, the exchange rates (if applicable) shall be the prevailing exchange rates which shall be determined by the Bank and all such transactions shall not violate the laws existing in the country where the transactions are effected. For the avoidance of doubt, any withdrawal of excess credit in the Card Account through the use of the Card or by requesting the Bank to issue the Cardmember a cheque for such withdrawals shall be treated as a cash advance and all terms and conditions relating to cash advances shall apply to such withdrawals of funds. A Cardmember’s use of the Card to obtain a cash advance shall be deemed to constitute the Cardmember’s agreement to pay interest on each cash advance and cash advance fee as the Bank may prescribe from time to time. The Statement will show the interest that has been accruing on cash advance until the date of repayment in full and the cash advance fee.
7.5 7.3 A Card may also be used to access information of a Cardmember's bank account with the Bank, and such Cardmember agrees that such service shall be subject to any relevant terms and conditions of the Bank from time to time in effect in addition to the terms and conditions under this Agreement. Each Cardmember is advised to read through such terms and conditions of the Bank before proceeding to use such service.
7.6 7.4 Each Cardmember shall use a Card, and the Account Holder shall ensure that each Cardmember uses a Card:
(a) so that the credit limit for each Card Account (including but not limited to any cash advance limit or limit on Balance Transfer amounts) from time to time notified by the Bank to the Account Holder as applicable to such Card Account is not exceeded; and
(b) within the validity date (if any) and the expiry date embossed on a Card.
7.7 7.5 A Cardmember's right to use a Card shall be suspended:
(a) if such Card is lost or stolen; or
(b) if the Bank is informed by a Cardmember that the PIN is or may be known to any other Person; or
(c) If if requested so by the Bank or the Bank’s authorised agents.
7.8 7.6 A Cardmember should ensure that the Card Transaction amount is correct before the Cardmember enters the PIN or signs the sales voucher or transaction records given to Cardmember by merchants or a financial institution when the Cardmember uses the Card and before the Cardmember enters the PIN or other identifying number or password at an electronic banking facility or internet. By signing a voucher or transaction report or entering the PIN or other identifying number or password at an electronic banking facility or internet, the Cardmember indicates his/her acceptance that the Card Transaction amount is correct, but the signature shall not be a condition precedent to the liability of the Cardmember in respect of the purchase transaction.
7.9 7.7 Subject to Clause 16.2 below, a Cardmember's failure to sign any sales or cash advance voucher will not relieve the Account Holder and/or such Cardmember from liability to the Bank in respect thereof, including the obligation to pay the Bank for all balances due on the Card Account as specified in this Agreement.
7.10 7.8 A Cardmember shall notify the Bank immediately upon receiving short message service (SMS) transaction alert if the transaction was unauthorised.
7.11 7.9 The Account Holder and any Cardmember may request that renewal and/or replacement Cards be issued to each Cardmember following expiry, loss or theft of the Cards. The Bank shall be under no obligation to issue a renewal or replacement card and, if any renewal and/or replacement card is issued, the Bank shall be entitled to charge the relevant fee.
(a) The Bank may at any time terminate any right of any Cardmember to use his/her Card to access his/her bank account with the Bank.
(b) The Bank shall notify any Cardmember in writing of such termination referred to in Clause 7.12(a7.10(a), and such Cardmember shall immediately return such Card, duly cut in two or otherwise defaced, to the Bank. Until such Card is returned to the Bank, and a replacement Card is issued in accordance with Clause 7.12(c7.10(c) below, the right to use his/her Card by such Cardmember shall be suspended.
(c) If a Cardmember has returned such Card in accordance with Clause 7.12(b7.10(b) above, the Bank shall issue to such Cardmember a replacement Card, upon which the Cardmember shall no longer be able to access the information of his/her previous bank account terminated by the Bank.
7.13 No Card is transferable and a Cardmember shall not permit his/her Card to be used by any other person in whatsoever circumstances. The Card shall not be pledged by the Cardmember as security for any purpose whatsoever.
7.14 Each Cardmember undertakes to act in good faith at all times in relation to all dealings with the Bank.
7.15 A Cardmember shall not use a Card or the Card Account for any unlawful activities and/or illegal purposes. Any illegal online betting and/or gambling activities are also prohibited. The Bank is entitled, to refuse to act on or give effect to any Card Transaction instruction if the Bank has reason to believe that such instruction is given in connection with any unlawful activities and/or illegal transaction. The Bank reserves the right to reverse or cancel any Card Transaction which it suspects or has reason to believe is for the purpose of or otherwise related to any unlawful activities and/or illegal transaction. Credit of any winnings, unspent chips, or other value usable for gambling transactions will not be accepted nor credited into the Card Account. The Cardmember agrees that the Bank does not owe him/her any duty and/or obligation whatsoever to monitor and block the use of the Card for any unlawful activities. However if the Bank detects unusual or suspicious activity on Cardmember’s Card Account, the Bank may temporarily suspend Cardmember’s credit privileges until the Bank can verify the activity. If the Bank finds that the Card has been used for unlawful activity, the Bank shall be entitled to immediately terminate the use of the Card without prior notice to the Cardmember. The Account Holder undertakes to indemnify and hold the Bank, the Bank’s officer(s), director(s) and employee(s) harmless from and against any and all losses, claims, damages, liabilities, obligations, costs, fees and expenses whatever (including legal fees) that are caused by or arising from the Cardmember using the Card for any unlawful activities.
7.16 The Cardmember cannot use the Card for business and/or commercial purposes which are deemed to be unacceptable by the Bank and the Bank shall be entitled to block the authorisation for the use of the Card for such activities.
7.17 The Bank shall be entitled at any time with notice to the Cardmember to restrict or limit Cardmember’s credit or refuse and otherwise withhold credit.
7.18 If the Cardmember uses the Card to purchase goods and/or services through online internet sites or portals, the Cardmember shall be solely responsible for the security of such use at all times. The Cardmember agrees that the entry of the Card information on the internet shall be sufficient proof of the authenticity of such instructions. The Bank shall not be under any obligation to verify the identity or the authority of the person entering the Card information and the Bank shall not be liable for acting on such use of the Card regardless of whether the person is authorised or otherwise and regardless of the circumstances prevailing at the time of the transaction. However, the Bank reserves the discretion to not carry out any such transactions over the internet if the Bank has any reason to doubt its authenticity or if in the Bank’s opinion it is unlawful or otherwise improper to do so or for any other reason.
7.19 Subject to clauses 16.2 and 17.2, in the event of termination of the use of the Card by the Cardmember, the Cardmember shall remain liable for the amount of any Card Transactions effected through the use of the Card (whether before or after the termination of the Card), including Card Transactions effected but not yet posted to the Card Account as well as Card Transactions arising from any mail or telephone order schemes, existing standing instructions or otherwise howsoever, made or purported to have been made by the Cardmember to a merchant establishment for the provision of goods and services and charged to the Card Account. It is solely the Cardmember’s duty and responsibility to notify the merchant and cancel any existing standing instructions prior to or upon termination of the Card. Upon termination of the use of the Card, the Cardmember should forthwith return the Card, duly cut in two or otherwise defaced, to the Bank at the Cardmember’s own cost and expense. Non return of the same shall in no event validate the Card.
7.20 A Cardmember shall use all reasonable precautions and diligence to prevent unauthorised use of the Cardmember’s old Card upon replacement of damaged Card, early renewal of expiring Card and upgrading of existing Card. To prevent unauthorised usage, a Cardmember shall destroy the damaged/expiring/obsolete Card by cutting it into several pieces ensuring that the chip and magnetic stripe portion is completely damaged before disposing the Card. All Charges arising from all Card Transactions effected through the use of the Card when it has been carelessly disposed in non compliance to this Agreement including all cash withdrawals and advances shall be deemed to have been made by the Cardmember and the Cardmember shall be liable for all such Charges. Without prejudice to the Bank’s rights and notwithstanding that the Cardmember may have exercised all reasonable precaution and diligence to prevent the loss or theft or unauthorised use of the Card, the Cardmember shall remain liable to the Bank if the Cardmember has acted fraudulently in that the Cardmember was involved in the procurement of goods or services supplied by any merchant, cash advances or ATM transactions effected through the use of the unexpired old Card.
7.21 Cardmember will not be liable for card present unauthorised transactions which require PIN verification, provided Cardmember has not:
(a) acted fraudulently or with gross negligence;
(b) delayed in notifying ICBC 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;
(d) recorded the PIN on the Credit Card or anything kept in close proximity with the Credit Card. Cardmember will not be liable for card-present unauthorised transactions which require signature verification or the use of a contactless card, provided Cardmember has not:
(a) acted fraudulently or with gross negligence;
(b) delayed in notifying the Bank as soon as reasonably practicable after having discovered the loss or unauthorised use of the Credit Card;
(c) Left the Credit Card or an item containing the Credit Card unattended in places visible and accessible to others. Cardmemebers shall exercise due care in safeguarding the Credit Card even at the Cardholder’s place of residence;
(d) voluntarily allowed another person to use the Credit Card.
Appears in 1 contract
Samples: Cardmember Agreement
Use of the Card. 7.1 The Card carries a dual currency feature which grants Cardmember settlement flexibility in both Ringgit Malaysia and Renmimbi (for RMB transaction). The use of the Card shall also be subject to Bank Negara Malaysia Foreign Exchange Administration Rules.
7.2 Subject to clause 7.67.4, each the Card may be used, in respect of the Ringgit Malaysia Card Account, used at any branch of the Bank and other financial institutions and merchants (including any Card Transactions within Mainland China which have been converted from Renminbi into Ringgit Malaysia) which accept such Card for effecting purchases of goods and services, drawing of cash advances (up to a maximum of RM5,000 (daily) or such amounts as may be decided by the BankBank from time to time), payment of a Cardmember's outstanding accounts with any other bank or credit card issuer in Malaysia other than the Bank by way of Balance Transfer and such other credit card facilities or services as the Bank may from time to time provide or arrange.
7.3 7.2 Subject to clause 7.6, each Card may be used, in respect of the Renminbi Card Account, at specified Mainland China branches of ICBC, and other financial institutions and merchants using a Renminbi clearing system/UnionPay (within Mainland China only) which accept such Card for effecting purchases of goods and services, drawing of cash advances, payment of a Cardmember's outstanding Renminbi account with any other bank or credit card issuer in Mainland China other than the Bank by way of Balance Transfer and such other credit card facilities or services as the Bank may from time to time provide or arrange.
7.4 Subject to clause 7.67.4, a Cardmember may obtain cash advances of maximum of RM5,000 (daily) or such amounts as may be decided by the Bank from time to time by the following means:-
(a) presenting the Card at any of the Bank’s branches or of any member institution of China UnionPay Visa together with evidence of the Cardmember’s identification and signing the necessary transaction record; or
(b) using the Card at any of the Bank’s ATMs or the ATM of any other bank or institution with whom the Bank has an arrangement(s) for the use of the ATMs of the said bank or institution (in which case the amount of each advance will be further subject to the applicable daily withdrawal limit imposed by such other bank or financial institution). For all inter-country transactions via ATM and/or any member institution of China UnionPayVisa, the exchange rates (if applicable) shall be the prevailing exchange rates which shall be determined by the Bank and all such transactions shall not violate the laws existing in the country where the transactions are effected. For the avoidance of doubt, any withdrawal of excess credit in the Card Account through the use of the Card or by requesting the Bank to issue the Cardmember a cheque for such withdrawals shall be treated as a cash advance and all terms and conditions relating to cash advances shall apply to such withdrawals of funds. A Cardmember’s use of the Card to obtain a cash advance shall be deemed to constitute the Cardmember’s agreement to pay interest on each cash advance and cash advance fee as the Bank may prescribe from time to time. The Statement will show the interest that has been accruing on cash advance until the date of repayment in full and the cash advance fee.
7.5 7.3 A Card may also be used to access information of a Cardmember's bank account with the Bank, and such Cardmember agrees that such service shall be subject to any relevant terms and conditions of the Bank from time to time in effect in addition to the terms and conditions under this Agreement. Each Cardmember is advised to read through such terms and conditions of the Bank before proceeding to use such service.
7.6 7.4 Each Cardmember shall use a Card, and the Account Holder shall ensure that each Cardmember uses a Card:
(a) so that the credit limit for each Card Account (including but not limited to any cash advance limit or limit on Balance Transfer amounts) from time to time notified by the Bank to the Account Holder as applicable to such Card Account is not exceeded; and
(b) within the validity date (if any) and the expiry date embossed on a Card.
7.7 7.5 A Cardmember's right to use a Card shall be suspended:
(a) if such Card is lost or stolen; or
(b) if the Bank is informed by a Cardmember that the PIN is or may be known to any other Person; or
(c) If if requested so by the Bank or the Bank’s authorised agents.
7.8 7.6 A Cardmember should ensure that the Card Transaction amount is correct before the Cardmember enters the PIN or signs the sales voucher or transaction records given to Cardmember by merchants or a financial institution when the Cardmember uses the Card and before the Cardmember enters the PIN or other identifying number or password at an electronic banking facility or internet. By signing a voucher or transaction report or entering the PIN or other identifying number or password at an electronic banking facility or internet, the Cardmember indicates his/her acceptance that the Card Transaction amount is correct, but the signature shall not be a condition precedent to the liability of the Cardmember in respect of the purchase transaction.
7.9 7.7 Subject to Clause 16.2 below, a Cardmember's failure to sign any sales or cash advance voucher will not relieve the Account Holder and/or such Cardmember from liability to the Bank in respect thereof, including the obligation to pay the Bank for all balances due on the Card Account as specified in this Agreement.
7.10 7.8 A Cardmember shall notify the Bank immediately upon receiving short message service (SMS) transaction alert if the transaction was unauthorised.
7.11 7.9 The Account Holder and any Cardmember may request that renewal and/or replacement Cards be issued to each Cardmember following expiry, loss or theft of the Cards. Only the Account Holder may request that renewal Cards be issued to each Cardmember following expiry of the Cards. The Bank shall be under no obligation to issue a renewal or replacement card and, if any renewal and/or replacement card is issued, the Bank shall be entitled to charge the relevant fee.
(a) The Bank may at any time terminate any right of any Cardmember to use his/her Card to access his/her bank account with the Bank.
(b) The Bank shall notify any Cardmember Account Holder in writing of such termination referred to in Clause 7.12(a7.10(a), and such Cardmember shall immediately return such Card, duly cut in into two or otherwise defaced, to the Bank. Until such Card is returned to the Bank, and a replacement Card is issued in accordance with Clause 7.12(c7.10(c) below, the right to use his/her Card by such Cardmember shall be suspended.
(c) If a Cardmember has returned such Card in accordance with Clause 7.12(b7.10(b) above, the Bank shall issue to such Cardmember a replacement Card, upon which the Cardmember shall no longer be able to access the information of his/her previous bank account terminated by the Bank.
7.13 7.11 No Card is transferable and a Cardmember shall not permit his/her Card to be used by any other person in whatsoever circumstances. The Card shall not be pledged by the Cardmember as security for any purpose whatsoever.
7.14 7.12 Each Cardmember undertakes to act in good faith at all times in relation to all dealings with the Bank.
7.15 7.13 A Cardmember shall not use a Card or the Card Account for any unlawful activities and/or illegal purposes. Any illegal online betting and/or gambling activities are also prohibited. The Bank is entitled, to refuse to act on or give effect to any Card Transaction instruction if the Bank has reason to believe that such instruction is given in connection with any unlawful activities and/or illegal transaction. The Bank reserves the right to reverse or cancel any Card Transaction which it suspects or has reason to believe is for the purpose of or otherwise related to any unlawful activities and/or illegal transaction. Credit of any winnings, unspent chips, or other value usable for gambling transactions will not be accepted nor credited into the Card Account. The Cardmember agrees that the Bank does not owe him/her any duty and/or obligation whatsoever to monitor and block the use of the Card for any unlawful activities. However if the Bank detects unusual or suspicious activity on Cardmember’s Card Account, the Bank may temporarily suspend Cardmember’s credit privileges until the Bank can verify the activity. If the Bank finds that the Card has been used for unlawful activity, the Bank shall be entitled to immediately terminate the use of the Card without prior notice to the Cardmember. The Account Holder undertakes to indemnify and hold the Bank, the Bank’s officer(s), director(s) and employee(s) harmless from and against any and all losses, claims, damages, liabilities, obligations, costs, fees and expenses whatever (including legal fees) that are caused by or arising from the Cardmember using the Card for any unlawful activities.
7.16 7.14 The Cardmember cannot use the Card for business and/or commercial purposes which are deemed to be unacceptable by the Bank and the Bank shall be entitled to block the authorisation for the use of the Card for such activities.
7.17 7.15 The Bank shall be entitled at any time and with notice to the Cardmember to restrict or limit Cardmember’s credit or refuse and otherwise withhold credit.
7.18 7.16 If the Cardmember uses the Card to purchase goods and/or services through online internet sites or portals, the Cardmember shall be solely responsible for the security of such use at all times. The Cardmember agrees that the entry of the Card information on the internet shall be sufficient proof of the authenticity of such instructions. The Bank shall not be under any obligation to verify the identity or the authority of the person entering the Card information information, or the authenticity of such instruction and the Bank shall not be liable for acting on such use of the Card regardless of whether the person is authorised or the instruction is genuine or otherwise and regardless of the circumstances prevailing at the time of the transaction. However, the Bank reserves the discretion to not carry out any such transactions over the internet if the Bank has any reason to doubt its authenticity or if in the Bank’s opinion it is unlawful or otherwise improper to do so or for any other reason.
7.19 7.17 Subject to clauses 16.2 and 17.2, in the event of termination of the use of the Card by the Cardmember, the Cardmember shall remain liable for the amount of any Card Transactions effected through the use of the Card (whether before or after the termination of the Card), including Card Transactions effected but not yet posted to the Card Account as well as Card Transactions arising from any mail or telephone order schemes, existing standing instructions or otherwise howsoever, made or purported to have been made by the Cardmember to a merchant establishment for the provision of goods and services and charged to the Card Account. It is solely the Cardmember’s duty and responsibility to notify the merchant and cancel any existing standing instructions prior to or upon termination of the Card. Upon termination of the use of the Card, the Cardmember should forthwith return the Card, duly cut in into two or otherwise defaced, to the Bank at the Cardmember’s own cost and expense. Non return of the same shall in no event validate the Card.
7.20 7.18 A Cardmember shall use all reasonable precautions and diligence to prevent unauthorised use of the Cardmember’s old Card upon replacement of damaged Card, early renewal of expiring Card and upgrading of existing Card. To prevent unauthorised usage, a Cardmember shall destroy the damaged/expiring/obsolete Card by cutting it into several pieces ensuring that the chip and magnetic stripe portion is completely damaged before disposing the Card. All Charges arising from all Card Transactions effected through the use of the Card when it has been carelessly disposed in non compliance to this Agreement including all cash withdrawals and advances shall be deemed to have been made by the Cardmember and the Cardmember shall be liable for all such Charges. Without prejudice to the Bank’s rights and notwithstanding that the Cardmember may have exercised all reasonable precaution and diligence to prevent the loss or theft or unauthorised use of the Card, the Cardmember shall remain liable to the Bank if the Cardmember has acted fraudulently in that the Cardmember was involved in the procurement of goods or services supplied by any merchant, cash advances or ATM transactions effected through the use of the unexpired old Card.
7.21 7.19 Cardmember will not be liable for card present unauthorised transactions which require PIN verification, provided Cardmember has not:
(a) acted fraudulently or with gross negligence;
(b) delayed in notifying ICBC 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;
(d) recorded the PIN on the Credit Card or anything kept in close proximity with the Credit Card. Cardmember will not be liable for card-present unauthorised transactions which require signature verification or the use of a contactless card, provided Cardmember has not:
(a) acted fraudulently or with gross negligence;
(b) delayed in notifying the Bank as soon as reasonably practicable after having discovered the loss or unauthorised use of the Credit Card;
(c) Left left the Credit Card or an item containing the Credit Card unattended in places visible and accessible to others. Cardmemebers shall exercise due care in safeguarding the Credit Card even at the Cardholder’s place of residence;
(d) voluntarily allowed another person to use the Credit Card.
Appears in 1 contract
Samples: Cardmember Agreement
Use of the Card. 7.1 The Card carries a dual currency feature which grants Cardmember settlement flexibility in both Ringgit Malaysia and Renmimbi (for RMB transaction). The use of the Card shall also be subject to Bank Negara Malaysia Foreign Exchange Administration Rules.
7.2 Subject to clause 7.67.4, each the Card may be used, in respect of the Ringgit Malaysia Card Account, used at any branch of the Bank and other financial institutions and merchants (including any Card Transactions within Mainland China which have been converted from Renminbi into Ringgit Malaysia) which accept such Card for effecting purchases of goods and services, drawing of cash advances (up to a maximum of RM5,000 (daily) or such amounts as may be decided by the BankBank at our absolute discretion from time to time), payment of a Cardmember's outstanding accounts with any other bank or credit card issuer in Malaysia other than the Bank by way of Balance Transfer and such other credit card facilities or services as the Bank may from time to time provide or arrange.
7.3 7.2 Subject to clause 7.6, each Card may be used, in respect of the Renminbi Card Account, at specified Mainland China branches of ICBC, and other financial institutions and merchants using a Renminbi clearing system/UnionPay (within Mainland China only) which accept such Card for effecting purchases of goods and services, drawing of cash advances, payment of a Cardmember's outstanding Renminbi account with any other bank or credit card issuer in Mainland China other than the Bank by way of Balance Transfer and such other credit card facilities or services as the Bank may from time to time provide or arrange.
7.4 Subject to clause 7.67.4, a Cardmember may obtain cash advances of maximum of RM5,000 (daily) or such amounts as may be decided by the Bank at its absolute discretion from time to time by the following means:-
(a) presenting the Card at any of the Bank’s branches or of any member institution of China UnionPay Visa together with evidence of the Cardmember’s identification and signing the necessary transaction record; or
(b) using the Card at any of the Bank’s ATMs or the ATM of any other bank or institution with whom the Bank has an arrangement(s) for the use of the ATMs of the said bank or institution (in which case the amount of each advance will be further subject to the applicable daily withdrawal limit imposed by such other bank or financial institution). For all inter-country transactions via ATM and/or any member institution of China UnionPayVisa, the exchange rates (if applicable) shall be the prevailing exchange rates which shall be determined by the Bank at its sole discretion and all such transactions shall not violate the laws existing in the country where the transactions are effected. For the avoidance of doubt, any withdrawal of excess credit in the Card Account through the use of the Card or by requesting the Bank to issue the Cardmember a cheque for such withdrawals shall be treated as a cash advance and all terms and conditions relating to cash advances shall apply to such withdrawals of funds. A Cardmember’s use of the Card to obtain a cash advance shall be deemed to constitute the Cardmember’s agreement to pay interest on each cash advance and cash advance fee as the Bank may prescribe from time to time. The Statement will show the interest that has been accruing on cash advance until the date of repayment in full and the cash advance fee.
7.5 7.3 A Card may also be used to access information of a Cardmember's bank account with the Bank, and such Cardmember agrees that such service shall be subject to any relevant terms and conditions of the Bank from time to time in effect in addition to the terms and conditions under this Agreement. Each Cardmember is advised to read through such terms and conditions of the Bank before proceeding to use such service.
7.6 7.4 Each Cardmember shall use a Card, and the Account Holder shall ensure that each Cardmember uses a Card:
(a) so that the credit limit for each Card Account (including but not limited to any cash advance limit or limit on Balance Transfer amounts) from time to time notified by the Bank to the Account Holder as applicable to such Card Account is not exceeded; and
(b) within the validity date (if any) and the expiry date embossed on a Card.
7.7 7.5 A Cardmember's right to use a Card shall be suspended:
(a) if such Card is lost or stolen; or
(b) if the Bank is informed by a Cardmember that the PIN is or may be known to any other Person; or
(c) If if requested so by the Bank or the Bank’s authorised agents.
7.8 A Cardmember should ensure that the Card Transaction amount is correct before the Cardmember enters the PIN or signs the sales voucher or transaction records given to Cardmember by merchants or a financial institution when the Cardmember uses the Card and before the Cardmember enters the PIN or other identifying number or password at an electronic banking facility or internet. By signing a voucher or transaction report or entering the PIN or other identifying number or password at an electronic banking facility or internet, the Cardmember indicates his/her acceptance that the Card Transaction amount is correct, but the signature shall not be a condition precedent to the liability of the Cardmember in respect of the purchase transaction.
7.9 Subject to Clause 16.2 below, a Cardmember's failure to sign any sales or cash advance voucher will not relieve the Account Holder and/or such Cardmember from liability to the Bank in respect thereof, including the obligation to pay the Bank for all balances due on the Card Account as specified in this Agreement.
7.10 A Cardmember shall notify the Bank immediately upon receiving short message service (SMS) transaction alert if the transaction was unauthorised.
7.11 7.6 The Account Holder and any Cardmember may request that renewal and/or replacement Cards be issued to each Cardmember following expiry, loss or theft of the Cards. The Bank shall be under no obligation to issue a renewal or replacement card and, if any renewal and/or replacement card is issued, the Bank shall be entitled to charge the relevant fee.
(a) The Bank may at any time in its sole discretion and without giving any reasons, terminate any right of any Cardmember to use his/her Card to access his/her bank account with the Bank.
(b) The Bank shall notify any Cardmember in writing of such termination referred to in Clause 7.12(a7.7(a), and such Cardmember shall immediately return such Card, duly cut in two or otherwise defaced, to the Bank. Until such Card is returned to the Bank, and a replacement Card is issued in accordance with Clause 7.12(c7.7(c) below, the right to use his/her Card by such Cardmember shall be suspended.
(c) If a Cardmember has returned such Card in accordance with Clause 7.12(b7.7(b) above, the Bank shall issue to such Cardmember a replacement Card, upon which the Cardmember shall no longer be able to access the information of his/her previous bank account terminated by the Bank.
7.13 7.8 No Card is transferable and a Cardmember shall not permit his/her Card to be used by any other person in whatsoever circumstances. The Card shall not be pledged by the Cardmember as security for any purpose whatsoever.
7.14 7.9 Each Cardmember undertakes to act in good faith at all times in relation to all dealings with the Bank.
7.15 7.10 A Cardmember shall not use a Card or the Card Account for any unlawful activities and/or illegal purposes. Any illegal online betting and/or gambling activities are also prohibited. The Bank is entitled, in its sole and absolute discretion, to refuse to act on or give effect to any Card Transaction instruction if the Bank has reason to believe that such instruction is given in connection with any unlawful activities and/or illegal transaction. The Bank reserves the right to reverse or cancel any Card Transaction which it suspects or has reason to believe is for the purpose of or otherwise related to any unlawful activities and/or illegal transaction. Credit of any winnings, unspent chips, or other value usable for gambling transactions will not be accepted nor credited into the Card Account. The Cardmember agrees that the Bank does not owe him/her any duty and/or obligation whatsoever to monitor and block the use of the Card for any unlawful activities. However if the Bank detects unusual or suspicious activity on Cardmember’s Card Account, the Bank may temporarily suspend Cardmember’s credit privileges until the Bank can verify the activity. If the Bank finds that the Card has been used for unlawful activity, the Bank shall be entitled to immediately terminate the use of the Card without prior notice to the Cardmember. The Account Holder undertakes to indemnify and hold the Bank, the Bank’s officer(s), director(s) and employee(s) harmless from and against any and all losses, claims, damages, liabilities, obligations, costs, fees and expenses whatever (including legal fees) that are caused by or arising from the Cardmember using the Card for any unlawful activities.
7.16 7.11 The Cardmember cannot use the Card for business and/or commercial purposes which are deemed to be unacceptable by the Bank and the Bank shall be entitled to block the authorisation for the use of the Card for such activities.
7.17 7.12 The Bank shall be entitled at any time (in its absolute discretion and without assigning any reason thereon) and with notice to the Cardmember to restrict or limit Cardmember’s credit or refuse and otherwise withhold credit.
7.18 7.13 If the Cardmember uses the Card to purchase goods and/or services through online internet sites or portals, the Cardmember shall be solely responsible for the security of such use at all times. The Cardmember agrees that the entry of the Card information on the internet shall be sufficient proof of the authenticity of such instructions. The Bank shall not be under any obligation to verify the identity or the authority of the person entering the Card information and the Bank shall not be liable for acting on such use of the Card regardless of whether the person is authorised or otherwise and regardless of the circumstances prevailing at the time of the transaction. However, the Bank reserves the discretion to not carry out any such transactions over the internet if the Bank has any reason to doubt its authenticity or if in the Bank’s opinion it is unlawful or otherwise improper to do so or for any other reason.
7.19 7.14 Subject to clauses 16.2 17.2 and 17.217.5, in the event of termination of the use of the Card by the Cardmember, the Cardmember shall remain liable for the amount of any Card Transactions effected through the use of the Card (whether before or after the termination of the Card), including Card Transactions effected but not yet posted to the Card Account as well as Card Transactions arising from any mail or telephone order schemes, existing standing instructions or otherwise howsoever, made or purported to have been made by the Cardmember to a merchant establishment for the provision of goods and services and charged to the Card Account. It is solely the Cardmember’s duty and responsibility to notify the merchant and cancel any existing standing instructions prior to or upon termination of the Card. Upon termination of the use of the Card, the Cardmember should forthwith return the Card, duly cut in two or otherwise defaced, to the Bank at the Cardmember’s own cost and expense. Non return of the same shall in no event validate the Card.
7.20 7.15 A Cardmember shall use all reasonable precautions and diligence to prevent unauthorised use of the Cardmember’s old Card upon replacement of damaged Card, early renewal of expiring Card and upgrading of existing Card. To prevent unauthorised usage, a Cardmember shall destroy the damaged/expiring/obsolete Card by cutting it into several pieces ensuring that the chip and magnetic stripe portion is completely damaged before disposing the Card. All Charges arising from all Card Transactions effected through the use of the Card when it has been carelessly disposed in non compliance to this Agreement including all cash withdrawals and advances shall be deemed to have been made by the Cardmember and the Cardmember shall be liable for all such Charges. Without prejudice to the Bank’s rights and notwithstanding that the Cardmember may have exercised all reasonable precaution and diligence to prevent the loss or theft or unauthorised use of the Card, the Cardmember shall remain liable to the Bank if the Cardmember has acted fraudulently in that the Cardmember was involved in the procurement of goods or services supplied by any merchant, cash advances or ATM transactions effected through the use of the unexpired old Card.
7.21 Cardmember will not be liable for card present unauthorised transactions which require PIN verification, provided Cardmember has not:
(a) acted fraudulently or with gross negligence;
(b) delayed in notifying ICBC 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;
(d) recorded the PIN on the Credit Card or anything kept in close proximity with the Credit Card. Cardmember will not be liable for card-present unauthorised transactions which require signature verification or the use of a contactless card, provided Cardmember has not:
(a) acted fraudulently or with gross negligence;
(b) delayed in notifying the Bank as soon as reasonably practicable after having discovered the loss or unauthorised use of the Credit Card;
(c) Left the Credit Card or an item containing the Credit Card unattended in places visible and accessible to others. Cardmemebers shall exercise due care in safeguarding the Credit Card even at the Cardholder’s place of residence;
(d) voluntarily allowed another person to use the Credit Card.
Appears in 1 contract
Samples: Cardmember Agreement
