Standard Chartered Visa and /or MasterCard Cards Cardholder Agreement Perjanjian Pemegang Kad Visa dan/atau MasterCard

Transcription

1 Standard Chartered Visa and /or MasterCard Cards Cardholder Agreement Perjanjian Pemegang Kad Visa dan/atau MasterCard Standard Chartered Customer Service / Perkhidmatan Pelanggan Printed July 2008 Co. Reg. No P

2 Terms and Conditions 1. Overview The terms and conditions herein shall apply to all credit or charge Card / s (hereinafter known as the Card / s) issued by Standard Chartered Bank Malaysia Berhad (hereinafter known as the Bank). This includes platinum, gold or classic cards, single branded or multi branded (whether co-brand, affinity, affiliate or alliance) or corporate cards issued by the Bank, and includes all types of accounts (inclusive of balance transfer, instalment plans et cetera) linked to the Card / s issued. 2. Accepting the Agreement Before you sign and / or use the enclosed Card / s, you are to read this Agreement thoroughly as your use and / or acceptance of the Card / s will be governed by this Agreement. By asking the Bank to issue the Card / s or by signing on the Bank s application form, you agree to be bound by the following terms and conditions. By signing, using, or accepting the Card / s, whether as a Principal Cardholder or a Supplementary Cardholder you agree and / or deemed to have agreed with the terms and conditions written here. Your usage of the Card / s and / or acceptance of the Monthly Statements sent to you by the Bank shall be conclusive evidence of a binding contract between you and the Bank, and the said evidence can be used in any Court of Law in the event of any dispute. You accept responsibility for charges incurred using the Card / s including retail purchases, cash advances, balance transfers, instalments, e-wallet charges and any other types of charges. You accept responsibility for the credit extended and / or made available either to you or to Supplementary Cardholder / s. If you do not wish to be bound by this Agreement, you are to cut the Card / s in half and return the pieces to the Bank. If the Card / s is not returned, the Bank will assume that you have read and accepted this Agreement and agree to abide by the terms and conditions herein. You shall ensure that your signature on the Card / s shall be the same as the application form. Your signature on any sales draft, transaction record, credit voucher and / or other charge record of transaction shall constitute binding and conclusive evidence of you agreeing and accepting the charges. However, the absence of your signature in any electronic or Internet or telephone or mail orders and / or transactions does not negate your liability for such transactions. You hereby irrevocably agree that as long as the Card / s were transacted in any electronic or internet or telephone or mail orders and / or transactions, you shall be liable and shall constitute binding and conclusive evidence of you agreeing and accepting the charges. 3. Only You Can Use the Card / s The Card / s shall be at all times, the property of the Bank and is not transferable. The Cardholder is the only person entitled to use the Card / s. You can no longer use the Card / s if the Card / s is outside the validity period shown on the Card / s or after expiration or upon notice of revocation sent to you in whatever mode of communication including facsimile. 4. Supplementary Card / s You can ask the Bank to issue supplementary Card / s but the approval is subject to the Bank s discretion. If you are the individual who asked or requested the Bank to issue one or more cards you will be called the Principal Cardholder and you will have an account with the Bank (hereinafter known as a Credit Card Account). If you as the Principal Cardholder have asked that a Card be issued to someone else for use in connection with the Principal Cardholder s Credit Card Account, that person will be called a Supplementary Cardholder. The Card / s that is issued shall be upon the request of the Principal Cardholder and the Card / s issued to the Supplementary Cardholder will be called a Supplementary Card. If you are a Supplementary Cardholder to whom a Supplementary Card is issued by the Bank upon the request of the Principal Cardholder, you shall sign the Supplementary Card immediately on receipt at the signature space. By the use of the Supplementary Card, you agree that all the Terms and Conditions contained herein, which are applicable to the Principal Cardholder, shall also be applicable to you. As such, the terms you, your, the Cardholder and the Card / s shall be read and construed as if the terms the Supplementary Cardholder and the Supplementary Card (referring to and concerning you) were substituted therefore. The Principal Cardholder shall be liable for the cost and charges incurred pursuant to the Principal and all Supplementary Cards. The Supplementary Cardholder shall be liable for cost and charges incurred pursuant to the Supplementary Card held by the particular Supplementary Cardholder. If you, as the Supplementary Cardholder, do not wish to be bound by this Agreement, you are to cut the Card / s in half and return the pieces to the Bank. If the Card / s is not returned, the Bank will assume that you, the Supplementary Cardholder, have read and accepted this Agreement and agree to abide by the terms and conditions herein. Purchases made under instalment payment plans are not bound and may exceed the credit limit assigned. 5. Corporate Card / s If you are a Corporation, you can ask the Bank to issue corporate Card / s for your individual employee / s under the corporation s liability but the approval is subject to the Bank s discretion. The Card / s that is issued shall be upon the request of the Corporation and the Card / s issued to the individual employee will be called a Corporate Card. If you are a Corporate Cardholder to whom a Corporate Card is issued by the Bank upon the request of the Corporation to whose employment you are under, you shall sign the Corporate Card immediately on receipt at the signature space. By the use of the Corporate Card, you agree that all the Terms and Conditions contained herein, which are applicable to any Principal Cardholder, shall also be applicable to you. As such, the terms you, your, the Cardholder and the Card / s shall be read and construed as if the terms the Corporate Cardholder and the Corporate Card (referring to and concerning you) were substituted therefore. Both the Corporation and Corporate Cardholders shall be liable jointly and severally for the cost of all charges of the Corporate Card. If you, as an individual employee of the Corporation and being the Corporate Cardholder, do not wish to be bound by this Agreement, you are to cut the Card / s in half and return the pieces to the Bank. If the Card / s is not returned, the Bank will assume that you, the Corporate Cardholder, have read and accepted this Agreement and agree to abide by the terms and conditions herein. 2 3

3 6. Goods and Services Purchased Goods purchased and services obtained by using the Card / s shall not be exchanged or returned for cash refund. For refund, a Merchant shall issue a Credit Voucher for credit into your account. Unless the Credit Voucher issued is received, the balance in your account will remain due and payable. In addition, the Bank reserves the absolute right and discretion to refuse approval for transactions effected via the Card / s in particular if the transactions are suspected or in the opinion of the Bank illegal. You agree that you shall not use the Card / s for any unlawful activities or to purchase goods or services that are illegal or prohibited by the laws of Malaysia or by the laws of the country where the purchase is effected. You shall not use the Card / s to pay your debts incurred pursuant to on-line gambling, wagering or betting activities conducted via Internet. Notwithstanding the provision herein, the Bank is not obliged to determine or enquire or investigate the nature or purpose or legality of the transactions effected by you in using the Card / s and you shall be liable to pay for all transactions approved by the Bank. The Bank shall not be responsible for the refusal of any Visa or MasterCard Merchant or member institution in accepting the Card / s and for any defect or deficiency in the goods or services supplied to you by any Merchant. Any complaint by you must be resolved directly with the Merchant or member institution concerned and no claim against the Merchant or member institution may be set-off or counter claimed against the Bank. Furthermore, you undertake that you will not withhold any payment to the Bank on account of any such complaint or under any circumstances whatsoever and howsoever arising. The Bank shall not be liable for damages suffered and / or loss incurred by you, relating to or arising out of any revocation, suspension, non-renewal, restriction or cancellation of the Card / s and / or credit facilities. This includes, but not limited to, any listing of the Card / s number in any cancellation list under any circumstances wherein the Bank shall be obliged to reasonably act to protect its rights under this Agreement. The Bank will use its best endeavour to process your charges AND you agree not to hold the Bank liable in the event that it is unable to perform its obligations under this Agreement due (directly or indirectly) to the failure arising beyond the Bank s control. 7. Your Credit Limit The Bank will assign you a credit limit based upon whatever current information in its possession. The Bank can increase or decrease your credit limit (whether combined or otherwise) at any time based upon whatever information in its possession by serving a notice to you in accordance to this Agreement. The Bank can (in its absolute discretion and without giving any notice thereof to you, or assigning any reason whatsoever) restrict, vary or refuse you credit for any charges on a permanent or temporary basis. The Bank has full discretion and without assigning any reason whatsoever to assign the credit limit specifically for retail, cash, balance transfer, easy payment schemes and / or other utilisation. You shall at all times stay and / or undertake to stay within the prescribed credit limit imposed by the Bank for you. If the current balance exceeds the Credit Limit, you shall pay the Bank forthwith the entire amount by which the credit limit is exceeded in addition to the specified minimum payment. The conversion rate for overseas transaction is as determined by VISA International or MasterCard International plus administration cost of 1%. If you purchase airline tickets including baggage charges, the conversion rate applicable, if any, is the Fare Conversion Unit in accordance with the I.A.T.A. regulations and this will be charged to your Card account. The conversion rate for overseas transaction will also be applicable if the host system of the merchant s terminal is based outside Malaysia as such transaction is deemed as overseas transaction. Any request for replacement of lost or stolen Card / s may be subject to charges determined by the Bank. When the situation warrants, you shall comply with the Exchange Control Regulation of Malaysia and use the Card / s within the limits imposed by the Exchange Control Authorities. You shall be held responsible of any infringement of such regulation and limits, and any amendments thereto. You shall pay the Bank all fees and charges which the Bank may impose from time to time in connection with the Card / s as stipulated by the Bank in this Agreement and / or the Fees and Charges leaflet inserted into this Agreement or in such other manner as the Bank deems fit or in the manner as stipulated by the regulatory bodies from time to time, for which the Bank shall be entitled to debit any account which you maintain with the Bank. You hereby irrevocably agree that the Bank shall be entitled at its sole discretion to vary the rates or method of calculation of the annual fees, handling charges and / or additional charges from time to time. The bank has the right to debit your Card account for any legal costs and expenses as set out in clause 16(k) of this Agreement and interest will accrue on such charges in the same manner as interest accrual on retail charges. 11. Finance Charges or Interest With effect from 1 July 2008, the following Finance Charges, which apply to retail transactions only (excluding Cash Advance, Balance Transfer and any type of instalments payment plans) will be imposed in the following manner: (a) 1.25% per month (15% per annum) of the total outstanding balance, if you promptly settle the Minimum Payment for 12 months within the last 12 consecutive months; (b) 1.42% per month (17% per annum) of the total outstanding balance if you promptly settle the Minimum Payment for 10 months or more within the last 12 consecutive months; (c) 1.5% per month (18% per annum) of the total outstanding balance if your prompt payment on the Minimum Payment is less than 10 months within the last 12 consecutive months; For the avoidance of doubt, the Finance Charges are calculated on a daily basis and the foregoing prompt payment means the Minimum Payment is received and credited to the Card / s account by the Payment Due Date of the Minimum Payment. All cash advance, balance transfers and any type of instalments payment plans will be subjected to Finance Charge of 1.5 % per month (18% per annum). 8. You Must Pay the Bank You shall be liable to pay to the Bank the amount shown in your Monthly Statement (hereinafter referred to as Monthly Statement ) as the sum owing and payable to the Bank (hereinafter known as the New Balance). You shall pay the minimum amount required, as may be set out by Bank Negara Malaysia and / or any competent authority from time to time, of the New Balance stated in your Monthly Statement. You shall make your payment on or before the stated Payment Due Date in your Monthly Statement. Payments made by the Cardholder to the Bank whether by direct debit to the Cardholder s accounts or otherwise will be applied in the following order: (a) in or towards payment of all outstanding interest or finance charges; (b) in or towards payment of all other fees and charges; (c) in or towards payment of outstanding Cash Advance and purchases and finally; (d) in or towards payment of Cash Advance and purchases statement during the current month. If the New Balance amount exceeds the credit limit, you shall pay the Bank forthwith the entire amount by which the credit line is exceeded in addition to the Minimum Payment as stated above. Your liability to the Bank herein shall not be affected by any claim or set-off you may have against the Merchant / s supplying the goods and services or member bank. All payments shall be made in Ringgit Malaysia. 9. Monthly Statement Upon receipt of your Monthly Statement, you agree that you are deemed to have examined all entries in the statement. You agree to notify in writing to the Bank of any dispute or error or query of billings within thirty (30) days from the statement date printed on your Monthly Statement. If you do not notify the Bank in writing within thirty (30) days of the statement date of any dispute of billings in your Monthly Statement, then you shall be deemed to have conclusively accepted the entries contained therein in your Monthly Statement as correct. You also agree that the Monthly Statement issued by the Bank shall be conclusive evidence of a contract between you and the Bank (irrespective of whether or not your application form is available). The charges incurred by you are binding upon you. Your Monthly Statement issued by the Bank shall be final and conclusive evidence in a Court of Law of your total outstanding of your Credit Card account and you shall thereafter be precluded from making any claims against the Bank whatsoever, in respect of your Monthly Statement. 12. Fraud Alert 10. Fees You will be charged a non-refundable annual fee for each Credit Card issued and this shall be payable in advance and debited to your Card account. If you take any cash and / or cash related advance, the Bank will charge you a fee of 5% or RM25, whichever is higher. If you sign up for any service such as balance transfer, easy payment scheme, special benefits et cetera with the Bank via the Card / s, the Bank may charge you fees as stipulated in the sign-up form. If you request for previous / old sales drafts or previous / old statements or any out of the norm services, the Bank may charge you fees as stipulated at the back page of your Monthly Statement. 4 5 Except for cash advance, balance transfers and other cash related charges including gaming chips, you are given 20 days interest-free period for all retail charges and fees, legal costs and expenses from the posting date of such transaction provided there is no outstanding balance in the Card / s account. If there is outstanding balance in your Card / s account whereby you have only made partial or Minimum Payment, there will be no interest free period for the retail transaction and finance charges will be computed from the date of your Monthly Statement in which the transactions are posted to the Card account / s. All Cash Advances (at or through the Bank s branches, Automated Teller Machines or Visa / MasterCard affiliated branches) will be subject to finance charges at the rate of % per day from the date of disbursement until payment is received and credited to the Card / s account. If you make payment of an amount not less than 5% of the New Balance or RM50.00, whichever is greater, (hereinafter known as Minimum Payment) BUT NOT the entire New Balance you shall be subject to finance charges of % per day levied on the entire balance as at the date of your Monthly Statement in which the transactions are posted to the Card account / s. If the Minimum Payment is not received by the Bank on or before Payment Due Date on your Monthly Statement, you shall in addition to the finance charge as stipulated above therein be liable to pay a late charge fee of 1% of the outstanding balance or RM10 whichever is higher. Interest is computed using the formula I = B x P/D x R where I = interest, B = balance, P = interest bearing period, D = number of days and R = rate of interest of % per day. The finance charge levied is added for all purposes to the principal sum then owing and shall thereafter be subject to a finance charge at the same rate as the principal sum and be payable accordingly. In the event that the original and / or re-printed statements are not available for whatever reasons, your liability for finance charges shall continue and for the purpose of computing finance charges or establishing the due date or the occurrence of such an event, the Bank will use your statement date. You hereby irrevocably agree that the Bank shall be entitled at its sole discretion to vary the rates or method of calculation of the finance charges, the Minimum Payment, the administrative charges for the conversion of foreign charges and / or late charge fee from time to time. You further hereby agree that all payments by cheque must include the relevant inland exchange commission, where applicable and failure to include such inland exchange commission shall entitle the Bank to debit your Credit Card Account. From time to time, if the Bank suspects that there is anything suspicious in any transactions, the Bank may but is not obliged to contact you to validate the said transactions (irrespective as to whether they were incurred or not) as a measure against possible fraud and / or unauthorised use of your credit card details. If the Bank is unable to contact you and / or if there be any circumstance in the opinion of the Bank to be suspicious, the Bank has the absolute discretion not to honour any of the said transaction / s. You further agree that where the Card / s has been delivered to you the onus of showing that the Card / s was not used by you at the time a disputed transaction was entered into or recorded is upon you and this includes all Auto Teller Machine transactions (including but not limited to cash withdrawals).

4 13. Renewal of Card and / or Termination of Agreement The Bank shall have the right at its discretion to cancel or refuse to renew the Card / s or to terminate this Agreement, with or without prior notice and without assigning any reason whatsoever. Upon such cancellation, you shall surrender the Card / s to the Bank or its representative. You may also at any time terminate this Agreement and surrender the Card / s. Upon termination of this Agreement either by the Bank or you, you shall not attempt to use the Card / s and such use and / or continued use of the Card / s shall be deemed as fraudulent. 14. If Your Card / TIN / PIN is Lost, Stolen or Compromised You shall at all times exercise all possible precaution to ensure safety of the Card / s and to prevent the Personal Identification Number (hereinafter referred to as PIN ) and the Telephone Identification Number (hereinafter referred to as TIN ) issued by the Bank to you from becoming known to any other person. Further you shall use all reasonable precautions to prevent loss, theft or misplace of the Card / s and you have the responsibility not to allow any third party to use the Card / s, the PIN and the TIN, not to write the PIN and / or the TIN on the Card / s or anything usually kept with the Card / s and not to write the PIN and / or the TIN without making a reasonable attempt to disguise it. If any Card / s is lost or stolen or the PIN or the TIN is disclosed or misplaced or compromised, you must notify the Bank immediately and confirm the same in writing. You must also make a police report and a copy of the report must be provided to the Bank. Until and unless written notification as stated above is received and confirmed by the Bank, you shall continue to remain liable to the Bank for all charges and advances whatsoever arising from all transactions, whether authorised or unauthorised, incurred on the Card / s Account together with fees, interest and / or financial charges, regardless if aggregate amount thereof exceeds the prescribed credit limit. It is agreed that the Bank is not under a duty to ensure that the credit limit prescribed by the Bank is not exceeded. In determining the extent of your liability for the unauthorised transactions incurred prior to the receipt of the said notification, the Bank shall also take into account any guidelines or rules set down by Bank Negara Malaysia or any provisions of law. Provided that the Customer has not acted fraudulently or has not failed to inform the Bank immediately upon discovering that the Card is lost or stolen, the Customer s maximum liability for unauthorised transactions as a consequence of the lost or stolen Card will be contained to the amount specified by the regulatory bodies from time to time. The Bank s decision on your liability in the event of loss, theft or misplace of the Card / s or where the PIN or the TIN is disclosed, misplaced or compromised shall be deemed final and conclusive and binding upon you. In the event that you recover the lost Card, you shall forthwith return the lost Card to the Bank without using or attempting to use the service. 15. Events of Default In the event the Card / s account is suspended, you agree that your Monthly Statement shall be conclusive evidence of the amount outstanding at the date of such suspension. You are also liable to pay the applicable finance charge and late charges from the date of such suspension / s until the date of full payment. The Bank shall, at its absolute discretion with or without notice to you, cancel, revoke, determine or terminate the Card / s and / or the Credit Card account and / or all credit available to you at any point in time upon occurrence of events including but not limited to: - you being in default in any due payment and / or in the payment of any monies hereby covenanted to be paid in such manner herein provided; - you being adjudged a bankrupt and / or are insolvent, or die; - any of your real or personal property is the subject of a levy of execution, writ of attachment, or any enforcement of judgment whether by the Bank or any other party or any other legal encumbrance; - the Bank deeming its position to be insecure for whatsoever reason (even though your account may be in current); - you using the Card / s in excess of your credit line; - you failing to comply with any of the provisions set out in this Agreement and / or are in breach of any of the terms of this agreement in any way whatsoever; - you being found guilty of any crime in a Court of Law in Malaysia and / or abroad; or - you changing your residence from Malaysia. The Bank has the right to combine or consolidate all or any of your account / s with the Bank of whatever description, wheresoever located and whatever currency, to transfer any sum to credit of the Card / s account / s for payment of any sum due to the Bank under this Agreement. Where such combination, consolidation, set-off or transfer requires the conversion of one currency into another, you hereby authorise the Bank to effect the necessary conversions at the Bank s prevailing exchange rates, which shall be determined by the Bank at its sole discretion. Payments and credit will be applied in the following priority, firstly in settlement of outstanding finance charges, secondly in payment of all fixed fees and late charges, thirdly in payment for previous statement cash advances and merchandise and fourthly in payment of current statement cash advances and merchandise. - The expression you, your and / or the Cardholder shall mean the person to whom the credit card is issued by the Bank and shall include a Supplementary Cardholder / s and / or a Corporate Cardholder / s. Words imputing only the singular number include the plural number and vice versa. Words imputing a person also include a partnership firm or corporation. Words imputing the masculine gender only also include the feminine gender. b) Consent to Obtain and / or Disclose Information The Bank shall have the right to check your credit standing upon your application for the Card / s and at all times thereafter without any reference to you or having to obtain further approval from you. By indicating your consent with regard to the disclosure of personal Information to third parties in the application form, you hereby give consent to the Bank, its officers and agents to disclose information relating to you and your account(s) and / or dealing relationship(s) with the Bank and Standard Chartered Bank, United Kingdom (including all its branches) ( SCB ), including but not limited to details of your name, identity card number, address, persons under the Card Protection Plan, the Card / s number of new, renewed, replaced or cancelled Card / s belonging to you, your Card / s account activities, your affairs, other facilities and / or accounts whether under this Agreement or otherwise which you may have with the Bank (including your deposit account) and your account(s) details of your facilities, any security taken, transactions undertaken and balances and positions with the Bank and SCB, to:- (i) SCB, the holding company of SCB, and any of SCB s or the Bank s subsidiaries, affiliates, representative and branch offices in any jurisdiction (collectively with the Bank, the Permitted Parties and each a Permitted Party ); (ii) professional advisers and service providers of the Permitted Parties who are under a duty of confidentiality to the Permitted Parties; (iii) any actual or potential participant or sub-participant in relation to any of the Bank s rights and / or obligations under any agreement between us, or assignee, novatee or transferee (any agent or adviser of any of the foregoing); (iv) any rating agency, insurer or insurance broker of, or direct or indirect provider of credit protection to any Permitted Party; (v) any court or tribunal or regulatory, supervisory, governmental or quasi-governmental authority with jurisdiction over the Permitted Parties; (vi) any bank or Visa International or MasterCard International and / or its successors; (vii) any merchant, supplier co-brand partner and other interested persons; (viii) the Central Credit Bureau, Central Credit Reference Information System, the Biro Maklumat Cek and / or such other authority or body established by Bank Negara Malaysia; (ix) any agent, contractor or third party provider or professional adviser who provides administrative, telecommunications, computer, payment, collections securities clearing, credit reference or checking, or other services or facilities to the Bank in connection with the operation of the Bank s business; (x) any person to whom the Bank is compelled to make disclosure under the requirements of any law binding on the Bank; (xi) Card Protection Plan Limited ( CPP ), CPP s branch and its affiliated companies if you have subscribed for the Card Protection Plan. The disclosure of your information referred in the preceding paragraph is for the following purposes:- a Better managing and understanding of customers needs on a global basis. This enables the Bank provide the suitable support and product information that meets the customers needs; b. For risk management purpose, it is necessary to share information with external auditors, professional advisors, regulators or governments in other countries where SCB operates; c. For better synergy and cost efficiency, the Bank s operations are outsourced or consolidated at regional / global level and this may lead to consolidation or sharing of customers information and dealings; d. The Bank or SCB group may enter into or undertake corporate exercise or sale of assets which will require disclosure of information; e. Where the Bank procures credit protection or undertakes certain issuance of notes, it may be necessary for the Bank to disclose certain information to rating agencies, valuers, insurers, agents, brokers or professional advisers. You further hereby irrevocably authorise the Bank to transfer any of the information described in the preceding paragraph to any party to whom it is authorised to disclose the same notwithstanding that such party s principal place of business is outside the jurisdiction of Malaysia or that such information following disclosure will be collected, held, processed or used by such party in whole or in part outside the jurisdiction of Malaysia. For purpose of Section 99(1)(a) of the Banking and Financial Institutions Act, 1989 you hereby irrevocably consent to the above mentioned disclosure and that no further permission or consent from you is necessary or required in relation thereto and confirm that the Bank shall be under no liability for furnishing such information whether before, on or after the commencement of this Agreement. You further hereby irrevocably agree that any disclosure by the Bank of the information referred to in this Clause will not render the Bank liable to you for any claim, loss, damage or any other basis (including direct or indirect damages or loss of profits or savings) arising from or in relation to:- 16. Definitions & Legal Commitments a) Definitions In this Agreement:- - The expression the Bank shall mean Standard Chartered Bank Malaysia Berhad (Company No P), a company incorporated in Malaysia and having its registered address at Menara Standard Chartered, Level 16, No. 30, Jalan Sultan Ismail, Kuala Lumpur. - The expression the Card / s shall mean credit or charge Card / s issued by the Bank to successful applicant / s and / or charge or credit Card / s issued by the Bank to the Bank s Cardholders including Supplementary Cardholder / s. a) b) the release or disclosure of the information by the Bank; and / or the information being incorrect, erroneous or misstated; and / or - The expression Merchant shall mean establishments or Merchants who accept the Card / s as a form of payment for goods and services and such payment shall be charged to the credit card Account. 6 7 c) reliance of the information, whether caused by the Bank or other third party s omission, misstatement, negligence or default; and / or d) reliance of the information, whether caused by technical (hardware or software) failure, interruption, error, omission or viruses of any kind;

5 e) reliance of the information, whether caused by delay in updating or notification of any changes in the information or otherwise. c) Obligations of Co-brand Cardholder / s A co-brand card is a Card issued by the Bank in conjunction with a co-brand and / or affinity establishment which the Card may or may not carry the mark and / or logo of the Bank. A co-brand and / or affinity establishment is any body / ies or corporation / s as the case may be with whom the Bank has a joint agreement, scheme or programme for the issuance of a Card solely or jointly by the Bank and the said body / ies business / es or corporation / s as the case may be. If you are a Co-brand Cardholder, besides the terms and conditions herein, you will also be subject to the following terms: (i) The Bank may (but is not obliged) at any time and in its absolute discretion convert any co-brand and / or affinity Card / s issued by the Bank to the Cardholder into any other credit Card / s as the case may be. (ii) You agree that the Bank shall not be responsible for any obligations of and / or promises, inducements made by the respective co-brand and / or affinity establishment. (iii) You hereby consent to and authorise the Bank to disclose to any co-brand and / or affinity establishment any information in respect of the the Credit Card Account and / or Cardholder which may be necessary to aid and assist the co-brand and / or affinity establishment/s directly or indirectly in fulfilling its obligations to the Cardholder under the joint agreement, scheme or programs with the Bank. d) No Waiver Any indulgence, failure or delay by the Bank to exercise any rights or powers contained hereunder shall not operate as a waiver thereof. Any such indulgence, failure or delay shall not preclude the Bank from further exercising any of such rights or enforcing any such power and shall not be interpreted as consent to the modification of this Agreement in any respect. e) Assignment You hereby irrevocably agree that the Bank shall be entitled at any time without your consent to assign the whole or any part of its rights or obligations under this Agreement with or without notice to you. f) Bank s Agent You hereby irrevocably agree and consent that the Bank shall be entitled (in its absolute discretion and without giving any notice or assigning any reason to you) to appoint an agent (hereinafter to be called the Bank s Agent ) at any time to collect all sums due to the Bank from you under this Agreement. You further hereby irrevocably authorise the Bank to disclose to the Bank s Agent your Card Account Number and any other relevant information for matters pertaining to the Credit Card Account to enable the Bank s Agent to collect all and any sums due and owing to the Bank under this Agreement. g) Insurance The Cardmember hereby irrevocably agrees and confirms that where insurance liability coverage is arranged by the Bank for the benefit of the Cardmember, any claim and notice made or to be made under such an insurance policy will be made by the Cardmember at his own expense against the insurance company and in the event the insurance company rejects any claim made under the policy or avoids the policy for any reason whatsoever including the negligence or non-compliance by the Bank, its servants or agents of the terms and conditions of the policy, no claim whatsoever shall be made, brought or maintained against the Bank and the Bank shall not be liable to the Cardmember or any other person in any manner whatsoever. h) Variation The Bank is at liberty to vary, amend or add to the terms and condition of this Agreement or the terms of charges and / or repayment at any time and from time to time. Such changes shall take immediate effect from the date of the written notification to you or such other date as may be prescribed by the Bank and you shall be bound by such changes. If you disagree with any of the changes, you are to cut the Card / s in half and return the pieces to the Bank. If the Card / s is not returned and / or you continue to use the Card / s from the effective date stated in the notification, you shall be deemed to have accepted such changes without any reservation whatsoever and to be bound by such changes. i) Laws This Agreement shall be deemed to be a contract made under the Laws of Malaysia. Any breach of the terms stated herein shall be deemed to have arisen in Kuala Lumpur irrespective of the place you reside and you and the Bank hereto agree to submit to the non-exclusive jurisdiction of the Courts of Malaysia in Kuala Lumpur. j) Service of Notice You hereby irrevocably consent to the service of any correspondence or notice under this Agreement or any legal process to you by prepaid ordinary post to your last known address in your application form or as in the Bank s records. Such service shall be deemed to have been duly, properly and effectively served upon you after the expiration of two (2) days from the date it is posted notwithstanding the fact that the correspondence or notice or legal process be returned through the post office undelivered. Service of legal process may also be effected by any other manner permitted by the law. You further hereby irrevocably agree that in the event that any action is begun in the Malaysian courts in respect of this Agreement, the service of legal process as stated above includes service of any Writ of Summons and any other legal or court documents. k) Indemnity You shall be liable to pay to the Bank all legal costs (including but not limited to legal cost on a Solicitor and Client Basis) expenses which the Bank may incur in enforcing or seeking to enforce this Agreement or in obtaining or seeking to obtain payment of all or any of the monies owing or remaining unpaid to the Bank. You further undertake to indemnify the Bank against any liability for loss, damages, cost and expenses (legal or otherwise) which the Bank may incur by reason of the provisions herein or in the enforcement of its rights hereunder. l) Change of Address and / or other details You hereby undertake to inform the Bank promptly, in writing, of any change of personal details, residential address or telephone numbers or change of employment or business or your intention to reside outside Malaysia, if the case arises. Such notification shall be strictly addressed or sent to the Bank. m) Severability If any of the provisions of this Agreement becomes invalid, illegal or unenforceable in any respect under the law the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired. n) Addendum for Sign Up In the event that you sign up for any additional benefits or services offered by the Bank, you hereby agree that you shall be bound by the Terms and Conditions stipulated in the sign up forms in addition to the Terms and Conditions stated herein. In the event of any conflict, discrepancy, variance or inconsistency between the provisions of the Terms and Conditions herein and that of the sign up forms, the Terms and Conditions herein shall prevail. o) Superseding Agreement All previous agreements or arrangements, if any, made between the Bank and you, written or verbal, are hereby cancelled and superseded by this Agreement. Malaysia Airlines Enrich Awards Linkage Programme Standard Chartered Bank Malaysia Berhad ( the Bank ) Malaysia Airlines Berhad ( the Supplier ), Malaysia Airlines Enrich Awards Linkage Programme ( the Program ). 1. The Bank will provide to the Cardmember the services of: (a) Enrolling the Cardmember with the Program, and (b) Redeeming and converting the Cardmember s Choice Points with the Bank into the Supplier s Enrich Award Points ( the redemption and conversion exercise ), (collectively called the Services ) upon the terms and conditions set out herein and amended from time to time and subject to the terms and conditions imposed by the Supplier. 2. A fee will be charged by the Bank in relation to the exercise of enrolling the Cardmember with the Program and such amount will be debited from the Cardmember s Credit Card Account with the Bank upon the Bank s receipt of the enrolment form ( Enrolment ) duly completed by the Cardmember. The Bank reserves the sole right and discretion to alter, vary and / or waive the fee hereinmentioned without any prior notification to the Cardmember. 3. Once the Cardmember is enrolled in the Program, the Bank will endeavour to effect redemption and conversion of the Cardmember s Choice Points with the Bank for the Supplier s Enrich Awards Points regardless of any conversion rate provided by the Supplier in its Enrich Program. The Bank s conversion rate which is 6,000 Choice Points = 1,000 Enrich Awards Points ( the Conversion Rate ) shall prevail. The Bank reserves the sole discretion at any time to alter the Conversion Rate without any notification to the Cardmember. A fee will be charged by the Bank for each redemption and conversion effected and such amount will be debited from the Cardmember s Credit Card Account with the Bank. The Bank reserves the sole right and discretion to alter, vary and / or waive the fee hereinmentioned without any prior notification to the Cardmember. 4. The Cardmember must request for the redemption and conversion exercise before the expiry of the Choice Points that has accrued to the Cardmember s Credit Card Account with the Bank on card renewal date. In the event that the Cardmember s Standard Chartered Visa / MasterCard Credit Card is not renewed for any reason whatsoever, the Cardmember s redemption and conversion request shall be suspended and rejected. 5. The Services are provided by the Bank at its sole and absolute discretion and the Bank will not be obliged nor will the Bank be responsible to provide all or any part of the Services. The Bank shall not be obliged to inform the Cardmember as to the outcome of the redemption and conversion exercise. The Bank shall not be liable for any loss or damage arising out of any error, neglect, refusal or omission or delay in providing the Services or any part thereof, including but not limited to the redemption and conversion exercise. 6. Without prejudice to the foregoing, the Bank shall not be responsible to proceed with the redemption and conversion exercise in the event that the information provided by the Cardmember in the Enrolment Form and / or the Redemption / Conversion Form is inaccurate or untrue, in particular but not limited to the disclosure of the amount of Choice Points that the Cardmember has with the Bank or where the use of the Card by the Cardmember has been terminated or suspended for any reason whatsoever. In the event of the latter, the Cardmember s Choice Points will be cancelled. 7. The Cardmember undertakes to indemnify the Bank against all losses, costs, damages, expenses, claims and demands which the Bank may incur or sustain as a result of the provision of the Services or any part thereof by the Bank to the Cardmember. There shall be no reversion of Enrich Awards Points to Choice Points upon the completion of the redemption and conversion exercise. 8. The Bank shall not be responsible for any act or omission on the part of the Supplier or for any of the defects or deficiencies in any of the benefits promised and / or provided by the Supplier under the Program. Any complaint or dispute by the Cardmember must be resolved directly with the Supplier and no claim against the Supplier shall be subject to a set-off or counter-claim against the Bank. The Cardmember shall not withhold any payment to the Bank on account of any such complaint dispute or under any circumstances whatsoever. All enquiries or disputes pertaining to Malaysia Airlines Enrich Awards Points Statement issued by the Supplier should be directed to the Supplier and not to the Bank. 9. The Bank s termination of the provision of the Services or any part thereof shall not terminate the Credit Card Agreement between the Bank and the Cardmember, nor the obligation of the Cardmember under the Agreement herein. The Cardmember may terminate his Enrich Awards membership by not less than one month s notice in writing to the Bank. 10. These Terms and Conditions are in addition to and not in derogation of the terms and conditions of the Credit Card Agreement between the Cardmember and the Bank and shall be read conjunctively. In the event of conflict, the terms and conditions herein shall prevail in respect of the Services to be provided by the Bank. 8 9

6 11. The Services will be subject to terms and conditions set out by the Supplier in its Enrich Awards 6. Minimum amount of balance outstanding to be transferred is RM1,000. Programme. 7. A fee of RM30 ( Cancellation Fee ) will be levied and posted to the Cardholder s SCBMB Card Account Easy Payment Scheme in the event the Cardholder shall elect to pay the total outstanding balance due under the Programme 1. Standard Chartered Bank Malaysia Berhad ( the Bank ) offers a zero percent instalment plan for 12 months or such other periods as may be approved by the Bank under the programme, Easy Payment Scheme ( EPS ) on such terms and conditions as stipulated by the Bank to Standard Chartered Credit Cardmembers ( Cardmembers ) with no arrears in their respective credit card accounts. ahead of the agreed tenure. Outstanding balance shall mean the outstanding principal and interest payable for the entire 6, 9, 12 or 18 months (whichever is applicable). No fee will be levied if acceleration of the payment of the balance due under the Programme is initiated by SCBMB without assigning any reason thereof. 2. All EPS transactions will not be rewarded with Choice Points. 8. A letter of notification will be sent to the Cardholder advising him / her whether or not such an application has been conditionally approved. Should the decision be reversed, a letter of notification will be sent to 3. Unless otherwise approved by the Bank, the minimum amount of any purchase eligible for EPS is RM999 and the maximum amount is RM25,000 per transaction for a repayment period of 12 months. The minimum and maximum approved amounts of EPS transactions and tenure may be varied by the the Cardholder advising him / her of the change of status of the application. In the event that an application is approved, payment to the Other Card Account(s) by SCBMB will be made in the manner provided herein. Bank from time to time. 9. Once a specified amount of balance to be transferred has been approved, a corresponding amount of 4. A fee of RM100 ( Early Termination Fee ) will be levied and posted to the Cardmember s Credit Card account in the event the Cardmember pays the balance due under the EPS ahead of schedule. No fee will be levied if acceleration of the payment of balance due under the EPS is initiated by the the Cardholder s existing credit available will be reserved for this purpose and shall no longer be available to the Cardholder until settlement of the balance transferred. On the date of posting ( Date of Posting ), this specified amount will then be utilised and finance charges will commence thereon. Bank without assigning any reason therefor. 10. Upon approval of the application, SCBMB will debit the Cardholder s PLC Account with the monthly 5. Eligible Cardmembers are required to present their Identification Card for verification when processing EPS transactions. instalment payable, for the duration of the Programme i.e. 6, 9, 12 or 18 months (whichever is applicable). 11. Notwithstanding the date the Programme is effected, payment due date on the Programme is in 6. The Cardmember s signature on the EPS sales slips or EPS Direct Debit Authorisation forms serves as accordance with the payment due date of the SCBMB Card Account. acceptance by the Cardmember of the merchant s terms and conditions of sale, the terms and 12. Until the notification of approval referred to Clause 8 is received, Cardholders shall continue to be liable conditions herein and Standard Chartered Visa and / or MasterCard Cards Cardholder Agreement. to make payment to their Other Card Account(s) in accordance with the terms governing the same. 7. The approved EPS transaction amount will be debited from the Cardmember s existing credit limit which is shared jointly with all other supplementary cards issued. SCBMB shall not be liable for interest on any overdue payment or any other finance or other charges incurred as a result of the Cardholder s and / or SCBMB s failure or delay in making payment before or 8. Upon approval of the EPS transaction, the Bank will debit the Cardmember s Credit Card account with after the date of posting. the monthly instalment payable on a monthly basis for the duration of the EPS. 13. Without prejudice to the provisions of Clause 12 above, SCBMB reserves the right to approve or reject 9. The Bank reserves the right to approve or terminate the Cardmember s EPS at its absolute discretion applications without giving any reason thereof. In the same manner, SCBMB shall have the absolute right without prior notice to the Cardmember and without attributing any reason therefor. to approve and transfer only a part of the amount applied for (by the Cardholder) without prior notification and consent of the Cardholder. 10. If the Cardmember s Credit Card is terminated for any reason whatsoever, the EPS is terminated immediately and Cardmember shall forthwith settle all outstanding amounts including any balance due 14. If the Cardholder s SCBMB Card Account is terminated for any reason whatsoever, the Cardholder shall under the EPS immediately. Otherwise, the prevailing finance charge of up to 18% p.a. and the stipulated forthwith settle all balances due under the Programme upon termination. Otherwise the prevailing finance late payment charges shall be levied on the outstanding balance. charge of 18% p.a. shall be levied on the outstanding balance which comprises of principal outstanding and interest accrued. 11. The Bank will not be liable for any inadequate, defective, damaged goods, unsatisfactory services or be concerned with any dispute between the Cardmember and the merchant. By authorising the EPS transaction, the Cardmember irrevocably authorises the Bank to debit and continue to debit the instalments payable under the EPS to the Cardmember s Credit Card account regardless of any such dispute. The Cardmember shall be responsible to satisfy himself / herself to the state and condition of goods / services at the time of the purchase. 15. The Cardholder has read and understood the details and the terms and conditions of the Programme herein specified. These terms and conditions are in addition to the Standard Chartered Visa and / or MasterCard Cards Cardholder Agreement ( the Cardholder Agreement ) which regulates the provision of credit card facilities by SCBMB. In the event of any inconsistency between these terms and conditions and the said Cardholder Agreement, these terms and conditions shall prevail in so far as they apply to the Programme. 12. In the event that any Cardmember disputes the validity of any EPS transaction, a fee of RM20 ( Retrieval Fee ) for each disputed EPS transaction will be imposed on the Cardmember for retrieval of records to facilitate investigations by the Bank of such disputes. 13. These terms and conditions are in addition to the Standard Chartered Visa and / or MasterCard Cards Cardholder Agreement and in the event of any conflict, these terms and conditions shall prevail in so far as they apply to this EPS. 16. Notwithstanding the range of effective interest rates as stated or anything contained herein or in any application form, the Bank shall be entitled to vary the interest rates up to a maximum rate of 18% per annum at any time based on the Bank s evaluation or review of the Cardholder s credit behaviour from time to time, whether in respect of all borrowings of the Cardholder, whether solely or jointly and whether from the Bank or any other parties. Such evaluation by the Bank and its decision(s) to vary the interest rates shall be final and conclusive and the Bank shall not be obliged to assign any reason whatsoever for 14. The Bank reserves the right to alter these terms and conditions from time to time or withdraw EPS such variation. altogether without giving any prior notice or assigning any reason whatsoever to the Cardmembers. 17. Expression defined in the terms and conditions shall, unless the context requires otherwise, have the 15. If there are discrepancies in the translation of the English and Malay versions, the English version shall prevail. same meanings as those ascribed to them in the Cardholder Agreement referred to in Clause 15 above. Balance Transfer Programme 18. SCBMB reserves the right to alter these terms and conditions or withdraw the Programme altogether without prior notice. 1. Holders of any Standard Chartered Bank Malaysia Berhad (SCBMB) credit card(s) ( Cardholders ) invited by SCBMB may apply to transfer outstanding balances (including principal, accrued interest, 19. The terms and conditions shall be governed by and construed in accordance with the laws of Malaysia. finance and other charges as shown in the latest corresponding account statements) 20. All outstanding balance transferred from Other Card Account(s) shall be treated as a cash advance ( Outstanding Balances ) from card accounts relating to any other credit card held by them (except a SCBMB credit card) ( Other Card Account(s) ) to any SCBMB credit card account held transaction. In addition to the conditions governing the Programme, terms and conditions relating to cash advance applies. in their name ( SCBMB Card Account ). 21. In the event of any inconsistency between the English version and the Bahasa Malaysia version of these 2. This Balance Transfer Programme ( Programme ) is only open to Principal Cardholders of credit cards issued by any financial institution in Malaysia and / or Charge Cards billed in Ringgit Malaysia. terms and conditions, the English version shall prevail to the extent of such inconsistency. 22. In the event that there is an existing Standing Instruction (SI) to effect payment of your SCBMB Card 3. A private label card account ( PLC Account ) for the Programme bearing serial number xxxx-xxxx will be allocated to you and jointly combined with your existing SCBMB Card Account. The existing credit limit approved for your SCBMB Card Account will be shared with this PLC Account and all other supplementary cards issued. This is NOT a credit limit increase and no service tax will be Account by utilising funds from your SCBMB savings or current account, SCBMB shall also exercise the SI in respect of the PLC Account but limited to 5% of the monthly balance of the PLC Account. Autopayment imposed. This PLC Account will be used to post the balance transferred from the other Card Account(s). No physical card or PIN will be issued. A new PLC Account will be allocated to existing Cardholders already enrolled in SCBMB s similar programme. 1. Upon approval of the Cardmember s application for Standard Chartered Autopay Service ( the Service ) by Standard Chartered Bank Malaysia Berhad ( the Bank ), all amounts due to and owed ( said charges ) to the Merchant, indicated by the Cardmember in the application form for 4. For each balance transfer under the Programme, the monthly instalment is calculated as the total sum of the amount transferred plus interest on the amount so transferred divided by the number of months in the instalment period. Interest rate is fixed at 7.99% p.a. for 6, 9, 12 and 18 months instalment periods. The monthly instalment shall form part of the Cardholder s specified minimum payment as defined in the Standard Chartered Visa and / or MasterCard Cards Cardholder Agreement. the Service shall be charged to the Cardmember s credit card account maintained with the Bank. The Cardmember s previous instruction to the Merchant(s) to charge any amount to the Card member s any other credit or charge card account maintained with other charge card issuer is to be treated as revoked and the Cardmember hereby authorises the Bank to notify the Merchant accordingly. If any Merchant shall respond to the Bank that it does not recognise 5. the instructions given by the Bank, the affected Cardmember shall immediately notify the merchant Cardholder has to make a minimum payment of 5% of the monthly instalment due or RM50, in writing of the change in the paying instructions. whichever is higher, to this PLC account. In the event the Cardholder pays an amount less than the monthly instalment amount due or fails to pay the minimum monthly instalment amount of 5% of the monthly instalment due or RM50, whichever is higher, due on the payment due date as specified in the statement for payment or if the payment is not received by the Bank in full or before payment due date as specified in the aforesaid statement, then the prevailing finance charge of 18% p.a. shall be levied on the outstanding balance of the monthly instalment amount from the due date until the date of full settlement. 2. Although the Bank will endeavour to effect payments of the said charges, it accepts no responsibility to make the same at any time or in a timely manner, and the Bank shall not incur any liability through any error, neglect, refusal or omission to make or delay in making all or any of the said charges to the Merchant(s).The Bank has the right to refuse to make payments on transactions which the Bank, in its sole and absolute discretion, may deem to be fraudulent transactions, and the Bank shall not incur any liability in refusing to make such payments to the Merchant(s)