CITIBANK REWARDS PROGRAM TERMS AND CONDITIONS (EFFECTIVE 15 th MARCH 2015)

Transcription

1 CITIBANK REWARDS PROGRAM TERMS AND CONDITIONS (EFFECTIVE 15 th MARCH 2015) These terms and conditions governs the entitlement of Citibank Credit Card customers and Debit & ATM Cardholders (including those issued to Citibank Ready Credit customers) to receive Reward Points or other rewards or benefits by the use of such cards and facilities. 1. Definitions We, Us and Our means Citibank Berhad ( M), its successors-in-title or assigns. "You", Your and Yours means any cardholder or customer issued with the Card, Citibank Ready Credit Visa Debit & ATM Card and/or Debit & ATM Card. "Card" means all cards (credit, charge or Debit & ATM Card) issued by Citibank but not necessarily all cards are eligible for participation in the Citi Rewards Program as explained in these terms and conditions. Debit & ATM Card means the Citibank Debit & ATM Card issued to you (Citibanking or Citigold customer) and/or the Debit & ATM Card issued to you under Citibank Ready Credit, where applicable, in these terms and conditions. Citibank Rewards Program, Citi Rewards Program or CRP means a program giving you the entitlement to earn Rewards Points or other rewards or benefits stated in these terms and conditions. FFP means Frequent Flyer Programs offered or made available by participating airlines which you can apply for from the respective participating airlines. FFP Miles means Frequent Flyer Program Miles on participating airlines frequent flyer programs which you can redeem with your Citi Rewards Points or RP or PremierMiles or PM. Citi Rewards Points or RP means points awarded to you under the CRP subject to and in accordance with these terms and conditions. PremierMiles or PM means points awarded to you under the CRP subject to and in accordance with these terms and conditions Gifts means goods, vouchers, services, holiday packages and any other privileges contained in our printed CRP materials and/or our website at Participating Airlines means the airline company from which you will redeem their FFP Miles with your Citi Rewards Points or RP or PremierMiles or PM.

2 Products means goods, vouchers, services, holiday packages and any other privileges which are available from selected merchants and at their participating outlets under our Instant Rewards program. Instant Rewards means a program which lets you pay for goods and services at our selected merchants participating outlets by using your Citi Rewards Points. Business Day means a day when commercial banks are open for business in Malaysia excluding Saturdays, Sundays and Public Holidays. "Fast-track" means a redemption option available to you if you choose, using a combination of RP and Ringgit (RM) value, fixed under the CRP but is NOT available for Debit & ATM Cards (Citibanking, Citigold and Citibank Ready Credit). Transaction means any retail and petrol transactions made using your Card, excluding any transactions as specified in clause 3.3 in these terms and conditions. These terms and conditions govern the CRP and your eligibility and participation in the CRP is subject to them and to the terms and conditions:- (i) in the Citibank Credit Card Terms & Conditions; (ii) in the Citibank Ready Credit Customer s Terms & Conditions; (iii) governing the Debit & ATM Card Services for Citibanking or Citigold Debit & ATM Cards issued to you (which also governs the Debit & ATM card issued specifically to you under the Citibank Ready Credit Facility (as applicable)); (iv) governing and pertaining to the specific features, rewards or redemption program of your own credit Card(s) issued by us; and (v) governing the operation of any account(s) with us, including but not limited to the General Account terms and conditions, and if there is any inconsistency or conflict between these terms and conditions and any or all of the terms and conditions stated in (i) to (v) above, these terms and conditions will apply insofar as it is applicable for purpose of the Citi Rewards Program. All expressions stated here will have the same meaning as those stated in the agreements or terms and conditions set out in (i) to (v) above unless expressly stated otherwise of where the context indicates to the contrary. 2. Eligibility & Participation 2.1 You are only eligible to participate in the Citi Rewards Program if:-

3 (i) you are a principal or supplementary cardholder of any of the following:- (a) Citibank Platinum Visa and/or Mastercard Card; (b) Citibank Gold Visa and/or Mastercard Card; (c) Citibank Silver Visa and/or Mastercard Card; (d) Citibank Choice Visa and/or Mastercard Card; (e) Citibank Clear Visa and/or Mastercard Card; (f) Citibank CitiBusiness Visa Card (Personal or Business underwriting); (g) Citibank PremierMiles Visa Card; (h) Citi PremierMiles American Express Card; (i) AirAsia-Citibank Co-Brand Credit Card; (j) Citibank Rewards Platinum Visa and/or Mastercard Card; and (k) Citi Prestige Credit Card (ii) you are holding a Citibanking or Citigold Debit & ATM Card or a Citibank Ready Credit Visa Debit & ATM Card; 2.2 You are NOT eligible to participate in the Citi Rewards Program regardless whether you are principal or supplementary cardholder of:- (a) Giant-Citibank Co-Brand Card; (b) Shell Citibank Co-Brand Card; (c) Citibank Cash Back Platinum Visa and/or Mastercard Card; (d) Citibank Cash Back and/or Mastercard Card; and (e) Citibank Business Platinum Credit Card. 2.3 Subject to Clause 2.4 below, to make sure you are eligible to earn or redeem RP or PM:- (i) your Card Account(s) and/or your Citibank Ready Credit Account must be valid and in good standing meaning, to say you must not be overdue in payment and have not exceeded your credit limit; and (ii) your Card,Savings Account, Current Account or Citibank Ready Credit Account must not be closed, cancelled or terminated whether by you or by us. 2.4 To avoid any doubt, we have full discretion to determine whether you are eligible to earn or redeem RP or PM if any of your accounts (s) are not in good standing or has been closed, cancelled or terminated whether by you or by us. 3. Earning and Redemption 3.1 To avoid any doubt, you should refer to the specific features and terms and conditions of your own Card for information on the earning and redemption of RP, PM or other rewards or benefits as they may differ. Subject to Clause 2.4 above and Clause 3.9 below, the RP or PM earned by you will not expire. 3.2 Generally, you will be awarded RP or PM:-

4 (i) based on the total posted Ringgit (RM) amount of retail purchases (both local and international) made on:- (a) the Card or the Debit & ATM Card; (b) any supplementary Card; (ii) on the (RM) value portion of the "Fast Track" redemption charged to the Card. 3.3 To avoid any doubt, we will NOT include the following items in the calculation of RP or PM:- (i) for Cards: (a) transactions made on Flexi Payment Plan, Cash Advance, Dial-for-Cash, Easy Pay (EPP), Balance Transfer or Balance Transfer via Instalment Plan; (b) payment for Card account, annual fees, interest payments, late payment fees or charges for cash withdrawals; (c) refunded, disputed, unauthorised or fraudulent transactions; (d) government service tax and other taxes imposed by law; (e) any form of service of miscellaneous fees; (f) premium for Credit Shield or Credit Shield Plus or any other credit insurance; (g) payment of rates, charges, fines to Governmental, statutory and judicial bodies; (h) catering and out-call food and beverage services; (i) donations and contributions to charitable, community or social service organizations (including charitable organizations approved by the Inland Revenue Board for tax relief); (j) fees or charges to any education establishments or institutions (including professional and vocational training centers); (k) child care services; and (l) special events/ categories (including funeral and crematoria services, clothing rental, photographic or video-graphic studios and florists) (ii) for Debit & ATM Cards: (a) cash withdrawals from ATM; (b) Fund transfers (within Citi account or 3rd party); or (c) payments made from Savings Account, Current Account or Citibank Ready Credit Account made via Citibank Online (CBOL); (iii) for both Cards and Debit & ATM Cards (Citibanking, Citigold and Citibank Ready Credit), except for Citi PremierMiles American Express Card and/or Citibank PremierMiles Visa Card and Citi Prestige Card and Rewards Platinum Card Driving Category: (a) purchase of fuels at any petrol or gas stations; and (b) any other purchases made at any petrol or gas stations.

5 3.4 We are obliged to inform you that there may be a lapse of time between a transaction made or usage of the Card or Debit & ATM Card (Citibanking, Citigold and Citibank Ready Credit) and the crediting of the RP into your Card, Savings Account, Current Account or Citibank Ready Credit Account and therefore, we do not represent that any RP or PM earned prior to redemption will be immediately made available for you. 3.5 RP or PM earned during the CRP have no cash or monetary value and accrued RP or PM are not convertible to cash. 3.6 RP or PM are accrued in your principal account only. Redemptions can ONLY be made if you are:- (i) the principal Cardholder for Cards; (ii) the principal Cardholder for Debit & ATM Card; or (iii) in the case of joint accounts, the primary accountholder. 3.7 You will be notified of the number of RP or PM accumulated in your monthly or periodical:- (i) Card Account Statement; (ii) Savings or Current Account Statement; or (iii) Citibank Ready Credit statement. and only RP or PM reflected in (i) to (iii) above can be used for redemption, subject to Clause 2.4 above and Clause 3.9 below. 3.8 If you have more than 1 Card and you decide to close or cancel the other or if you cancel or terminate your Debit & ATM Card or Citibank Ready Credit Facility during the CRP, you must redeem the existing RP or PM acquired on that Card or Debit & ATM Card prior to the date of such closure, cancellation or termination, if not, all RP or PM remaining unredeemed will be automatically extinguished. 3.9 We are at liberty to cancel or suspend RP or PM earned on:- (i) any Card Account(s) or Savings Account(s) or Current Account(s) or Citibank Ready Credit Account(s) which is past due for thirty (30) days or more; (ii) Account(s) we believe to have been operated fraudulently; or (iii) any Account(s) voluntarily or involuntarily closed, cancelled or terminated by us;

6 3.10 If you have a dual Card Account (meaning any Citibank Visa or MasterCard of the same account) inclusive of supplementary cards, the RP earned can be combined for Gifts redemption. However for combining for Gift(s) redemption, RP earned:- (i) on Cards cannot be combined with RP earned on Debit & ATM Card (whether Citibanking, Citigold or Citibank Ready Credit), including joint account(s) with OR relationship, where 2 Debit & ATM Cards are issued for the Account; and (ii) on Citibank Prestige, Platinum, Gold, Silver, Choice or Clear Visa and/or Mastercard Card cannot be combined with RP earned on:- (a) AirAsia-Citibank Co-Brand Credit Card; (b) Citibank PremierMiles Visa Card; and (c) Citibank CitiBusiness Visa Card (Personal or Business underwriting) 3.11 All and any RP or PM earned by you is not transferable to any other person/ third party or entity. 4. Gifts Redemption 4.1 Once you have placed a redemption order and are accepted by us, your order CANNOT be revoked, cancelled or be exchanged. Once you have redeemed your RP, such RP will be considered extinguished and STRICTLY CANNOT be reinstated. 4.2 Redemption of Gift(s) with insufficient RP will be rejected. 4.3 We reserve the right to appoint a 3rd party agent(s) or vendor(s) to handle the fulfillment or making available the Gift(s) and delivery of the Gifts to you for purposes of Gifts redemption. For such purposes, you agree that we can use and/ or disclose to such 3rd party(ies), information pertaining to you, namely, your name or the recipient s name, delivery or billing address, contact numbers, address and information furnished by you to us for Gift redemption. 4.4 We will not be liable for Gift(s) supplied or for any supplier's refusal to accept certificates/vouchers issued. If any dispute(s) arises from this, you understand that it is solely between you and the suppliers. 4.5 To the full extent permitted by law, we will not be liable for any death, injury, consequential loss or damage of any nature you have suffered and if applicable, your accompanying persons arising from or out of the redemption of the Gift(s), including any injury or loss suffered as a result of holiday packages, cancellation of holiday packages, extra charge, delay and resulting from any advice, pointers, tips and directions contained in our printed CRP materials and/or website or from the loss, theft, destruction of the Gift(s). 4.6 We give no representation or warranty on the quality of the Gift(s) or their suitability for any purpose. Any dispute in relation to the Gift(s) must be settled between you and the supplier or

7 manufacturer. We are not responsible for resolving such disputes and you are to liaise directly with the supplier or manufacturer for warranty information pertaining to the Gift(s). 4.7 Gift(s) which are in the form of certificates/vouchers issued by suppliers cannot be exchanged for cash and are valid for use until the date specified on them and is subject to the relevant terms and conditions applicable to using them. If they remain unused or unredeemed after any specified date, these certificates/vouchers will lapse and will not be replaced. 4.8 In that respect, you understand that the terms & conditions specified in the certificates/ vouchers are beyond our control and are determined by the suppliers. Any dispute(s) arising out of the terms and conditions applicable to those certificates/vouchers must be settled directly by you and the suppliers. We are not responsible for investigating or resolving your dispute with the supplier and neither are we responsible for replacing or canceling any redemption as a result of such dispute(s). 4.9 To avoid any doubt, if the certificates/vouchers are used for a value less than the amount stated on them, the difference will not be refunded to you. If the value of the certificates/vouchers is less than the value of the item(s) purchased, you must pay the difference To avoid further doubt, dining, travel, hotel accommodation and other service certificates/vouchers issued does not constitute a reservation. You have to make your own reservations based on the terms and conditions applicable to using them You authorize us to debit from your Card Account, Savings Account, Current Account or Citibank Ready Credit Account to pay the (RM) value portion of the redemption if you decide to opt for a "Fast-track" redemption option. We will not accept any other mode of payment if you choose this "Fast Track" option unless we determine otherwise If your choice of Gift(s) is unavailable, we reserve the right to replace it with a substitute of similar value. All Gift(s) are available while stock lasts and we reserve the right, to discontinue and/or replace the Gift(s) featured in all our CRP printed materials and/or website with different products, colours, models or services. All Gifts are subject to availability from the suppliers. Should the suppliers be unable to supply any of the Gift(s) to us due to reasons which include (but not limited to) a manufacturer recall of that specific model or damage/loss/theft of the model during storage or delivery, we will discontinue and/or replace the Gift(s) as stated above We reserve the right to change the conversion rate of the Rewards Points of any item within the Citi Rewards Catalogue, with prior notice to you on our website or in any other manner we deem fit. Citibank reserves the right and as it deems fit allow the redemption of Rewards Points at the same conversion rate if such redemption was made prior to such notice. 5. Delivery of Gifts 5.1 Subject to Clause 5.4 below, when you have redeemed RP for Gifts, you must provide a valid address in Malaysia to us so that we can arrange for delivery of the Gift(s) to you or your

8 authorized representative or recipient. In the premise, delivery to any valid address situated in West Malaysia is free-of-charge, unless we inform you otherwise. Normally, delivery of any Gift(s) will be carried out by courier unless we inform you otherwise. 5.2 If you provide us with a valid address in East Malaysia, the delivery or courier charges will be borne by you and will be debited from the Card Account, Savings Account or Current Account or Citibank Ready Credit Account. In any case, you must be aware that delivery and courier charges may be revised by the courier service company from time to time. 5.3 To avoid any doubt, we will not arrange for delivery of any Gift(s) to a Post Office (P.O.) Box address or any address or location outside Malaysia, even if you agree to pay for the delivery or courier charges. 5.4 Gifts redeemed via CitiPhone Self-Service Phone Banking (SSPB) will be delivered to your billing address (for Cards and Citibank Ready Credit) or to your mailing address (for Debit & ATM Cards (apart from Citibank Ready Credit) or Savings or Current Account). In case of:- (i) Cards, Gifts will be delivered to the principal cardholder s billing address; and (ii) joint accounts for Debit & ATM Card, Gifts will be delivered to the primary account holder s mailing address. For ease of reference after this, billing address and mailing address will be called delivery address. 5.5 If you are not available to receive at the delivery address, you will have to liaise directly with the courier service company at the specified time frame and location as stated in the "attempt card" (dropped or left by the courier service company at the delivery address or your post box) or call Citiphone at to arrange a redelivery within 3 Business Days from the date of attempted delivery of the Gift(s). 5.6 As best as we can arrange for it, the Gift(s) will be dispatched to you by the next Business Day from the date placing a redemption order. 5.7 Once we have processed your redemption order, you cannot change your delivery address and you will be subject to a redirection fee of RM10 which will be debited from your Card Account, Savings Account, Current Account or Citibank Ready Credit Account. 5.8 You agree that we can use and/ or disclose to any 3rd party or agent appointed by us to effect delivery of the Gift(s) to you, including the courier service company, information pertaining to you, namely, your name or the recipient s name, delivery or billing address and contact numbers in respect of Gift redemption. 5.9 To accept the Gift(s), you or your authorized representative or recipient are required present identification, i.e. NRIC or Passport to the delivery personnel, failing which, the delivery personnel have the right to refuse delivery and will return the Gift(s) back to us as unclaimed.

9 5.10 If any of the Gift(s) are returned to us unclaimed, you may then request us to redeliver the unclaimed Gift(s) to you, but you will be responsible to bear all costs of redelivery of the unclaimed Gift Subject to Clause 5.13 below, proof of delivery of Gifts must be in the form written acknowledgement of receipt of the Gifts by you, your authorized representative or recipient or occupants at the delivery address. If your delivery address is an office address, an acknowledgment by any office staff will be treated as good acknowledgement of your receipt of the Gift(s) If you do not receive the Gift(s) upon expiry of 14 Business Days from the date of the redemption order ( Gift Receipt Expiry ), it will be your responsibility to inform Citibank no later than 7 Business Days from the Gift Receipt Expiry and we will arrange for the delivery of the Gift(s) to you upon receipt of proof of non-delivery from our agent or courier service company. You will not have any recourse against us if you allow the expiry of the said 7 Business Days and you will be considered to have had received and accepted the Gift(s) When you are in receipt of the Gift(s), you or your authorized representative or recipient must examine the Gift(s). If the Gift(s) arrive(s) damaged or faulty, you must contact Citiphone at within 24 hours upon receipt and provided the damaged or faulty Gift(s) is returned by you to our agent(s) or vendor(s) (see: Clause 4.3 above) in its original state and packaging at your own cost and expenses within 3 Business Days from receipt date. A replacement Gift(s) will be delivered within 14 Business Days of the return of the damaged or faulty Gift(s) and the delivery charges incurred for the replacement Gift(s) will be borne by you. If you fail to return the Gift(s) within 3 Business Days, your right for replacement of Gift(s) will be extinguished To avoid any doubt, there is NO "TRIAL PERIOD" for any Gift(s) or rewards items You authorize us to debit your Card Account, Savings Account, Current Account or Citibank Ready Credit Account for the delivery charges of replacement. We will not accept any other mode of payment for the delivery replacement. 6. Conversion of Citi Rewards Points or PremierMiles to FFP Miles 6.1 If you are a holder of any other Citibank Credit Card which earns you RP or PM (as set out in clause 2.1 above), you may also convert them into FFP Miles under the respective terms and conditions governing those Citibank Credit Cards and these terms and conditions. 6.2 However, you will not be entitled to participate in FFP or receive FFP Miles if you are only a Debit & ATM Card issued to under Citibank Ready Credit or if you have a Citibank CitiBusiness Visa Card (Business underwriting). 6.3 If this is your first time and you wish to make redemption, you are required to undergo a registering process to be entitled to enjoy the benefits and privileges under these programs and

10 subject to verification and security procedures, inform us of your account number for any one or more of these programs at the point of redemption. 6.4 Please note that the conversion of RP or PM into any FFP miles under the CRP will take not less than 14 Business days to complete and we will not be obligated to effect a manual transfer. Citibank will not be liable for any delay in processing and crediting of air miles or FFP into your primary FFP membership account which is beyond the reasonable control of Citibank. 6.5 We reserve the right to revoke and withdraw participation in these programs and the right to change the conversion rate under any one or more of the FFP, with prior notice to you on our websites at or in any other manner we deem fit. 6.6 If the transfer of RP or PM to any FFP miles is not successful/ rejected, we will not be obliged to effect a manual transfer. 6.7 Once you have converted your RP or PM into FFP Miles you will not be allowed to convert the FFP Miles back to RP or PM upon a successful conversion and transfer of RP or PM to FFP miles. 7. Instant Rewards (Instant Redemption) 7.1 You are only eligible to participate in our Instant Rewards program if you are ONLY a principal Cardholder of a:- (i) Citibank Platinum Visa and/or Mastercard Card; (ii) Citibank Gold Visa and/or Mastercard Card; (iii) Citibank Choice Visa and/or Mastercard Card; (iv) Citibank Clear Visa and/or Mastercard Card; (v) Citibank CitiBusiness Visa Card (Personal underwriting only); (vi) AirAsia-Citibank Co-Brand Credit Card; (vii) Citibank Rewards Platinum Visa and/or Mastercard Card; (viii) Citi Prestige Credit Card; and/or (viiii) Citibank PremierMiles Visa Card. 7.2 You are NOT eligible to participate in our Instant Rewards program, regardless whether you are principal or supplementary cardholder or account holder or joint account holders) of a:- (i) Citibank CitiBusiness Visa Card (Business underwriting); (ii) Citi PremierMiles American Express Card (iii) Giant-Citibank Co-Brand Card; (iv) Shell Citibank Co-Brand Card; (v) Citibank Cash Back Platinum Visa Card; and (vi) Debit & ATM Cards. 7.3 You can also utilize RP or PM you have earned to redeem Products from our selected merchants participating outlets.

11 7.4 If the redemption of Products is partially via redemption of RP or PM, the balance value of the Products are automatically charged to your Card. 7.5 At all times our selected merchants reserve the right to accept redemption of a Product by way of full redemption, RP or PM solely, or partial redemption with the use of RP or PM and payment of the balance value. 7.6 There will be no perpetual earning of RP or PM for redemption of Products, meaning to say, if you make redemption of Products with the use of RP or PM, you will not earn RP or PM on that redemption. 7.7 Citibank is a provider of banking services and an issuer of credit cards. To the full extend permitted by law, we will not be liable for any death, injury, consequential loss or damage of any nature you have suffered and if applicable, your accompanying persons arising from or out of the redemption of the Product(s) including any injury or loss suffered as a result of holiday packages, cancellation of holiday packages, extra charge, delay and resulting from any advice, pointers, tips and directions contained in our printed CRP materials and/or website or from the loss, theft, destruction of the Product(s). 7.8 Citibank gives no representation or warranty on the quality of the Product(s) or their suitability for any purpose. Any dispute in relation to the Product(s) must be settled between you and the merchant, supplier or manufacturer. We are not responsible for resolving such disputes and you are to liaise directly with the merchant, supplier or manufacturer for warranty information pertaining to the Product(s). 7.9 To avoid any doubt, for Product(s) which are in the form of certificates/vouchers understand that the terms and conditions specified in the certificates/ vouchers are beyond our control and are determined by the merchants or suppliers. Any dispute(s) arising out of the terms and conditions applicable to those certificates/vouchers must be settled directly by you and the merchants or suppliers. We are not responsible for investigating or resolving your dispute with the merchants or suppliers and neither are we responsible for replacing or canceling any redemption as a result of such dispute(s) However, disputes arising from redemption of RP or PM will be treated as a normal Card transaction dispute. Any refund of RP or PM (if any) will be credited into your Card Account Cardholders will be subject to any additional terms and conditions of the participating merchants who are published on Such terms and conditions may be subject to change by participating merchants. Cardholders are responsible to contact the merchant(s) directly to find out about any changes or variations. 8. Other terms and conditions 8.1 If any or all of your RP or PM results from business transactions or are given by employers as a benefit, it is possible that redemption of those RP or PM for Gifts or FFP Miles could be

12 seen an income tax liability to you. You should check with your tax consultants and relevant advisors. 8.2 Citibank will not be responsible for the ultimate taxation treatment of business-related rewards. 8.3 All or any accessories or equipment featured together with the Gifts or Products in the photographs printed on or contained in all our CRP printed materials and/or our website are for illustration purposes only and do necessarily not form part of the Gifts or Products to be redeemed by Cardholders. 8.4 Citibank reserves the right to vary or change the selected Instant Rewards merchants, the selection of Gifts and Products or FFP Miles via Citi Rewards Program or to vary or change any of the clauses in these terms and conditions with prior notice to the Cardmembers by way of posting on our website at via or in any other manner we deem fit. In this respect, you agree to log-on to from time to time to view and understand these terms and conditions and to ensure you kept up-to-date with any variation or changes which we may effect from time to time. 8.5 On the same token, Citibank reserves the right to withdraw, suspend, cancel or replace the Citi Rewards Program totally or partially and when we decide to do so, we will give you prior notice by posting on our website or in any other manner we deem fit. 8.6 Any such cancellation, revision, termination or suspension of the Citi Rewards Program will not entitle any Cardmember to any claim or compensation against Citibank for any loss or damage suffered or incurred by any Cardmember as a direct or indirect result of the act of cancellation, revision, termination or suspension. 8.7 To the full extent permitted by law, neither Citibank nor any of its officer, servant, employee, representative or agent (including but not limited to any third party service provider that Citibank may engage for the purposes of carrying out services in relation to the Citi Rewards Program, Instant Rewards or any other service provided under these terms and conditions) will be liable for any loss or damage which arises in connection. Any liability that Citibank may have to you or any other person is limited to Direct Damages only. Direct Damages means actual damages or losses suffered by you or any other person as a result of a direct and immediate action by Citibank and shall not include any compensation for special, punitive, indirect, incidental or consequential damages or losses of any kind whatsoever, including but not limited to loss of profits, business or value, whether or not foreseeable. 8.8 If a clause of these terms and conditions is invalid or unenforceable in a jurisdiction, it is to be read down or severed in that jurisdiction to the extent of the invalidity or unenforceability, and that fact does not affect the validity or enforceability of that clause in another jurisdiction or the remaining clauses. 8.9 American Express is a trademark of American Express. This Card is issued by Citibank Berhad pursuant to a license from American Express.

13 9.0 These terms and conditions will be governed by and construed in accordance with the laws of Malaysia.