Industrial and Commercial Bank of China (Europe) S.A. Brussels Branch. (or: ICBC (Europe) S.A. Brussels Branch)

Transcription

1 INDUSTRIAL AND COMMERCIAL BANK OF CHINA BRUSSELS BRANCH ADDRESS: AVENUE LOUISE 81 POST CODE: 1050 CITY: BRUSSELS TEL: +32/ FAX: +32/ Industrial and Commercial Bank of China (Europe) S.A. Brussels Branch (or: ICBC (Europe) S.A. Brussels Branch) Terms and Conditions for Debit Card Services These terms and conditions (the Terms and Conditions ) apply to any new Debit Card (as defined below) issued by the Bank (as defined below) and govern the relationship between the Bank and the relevant Cardholder (as defined below). Signing the application form for the Debit Card provided by the Bank (the Application Form ) or the form acknowledging receipt of a Debit Card constitutes express acceptance of the Cardholder Agreement (as defined below). During the term of the contract, the Cardholder is entitled at all times to receive these Terms and Conditions on paper or via another permanent carrier. The Bank is licensed by the Commission de Surveillance du Secteur Financier (CSSF), situated at route d Arlon 110, L-1150 Luxembourg (the Grand Duchy of Luxembourg) and prudentially supervised by the National Bank of Belgium (NBB), situated at Berlaimontlaan 14 / avenue de Berlaimont 14, 1000 Brussels (Belgium). 1. Definitions 1.1. In these Terms and Conditions the following terms shall have the meaning ascribed to them herein, unless the context requires otherwise. (a) 3D Secure means the internationally recognized standard of cardholder identification for online payments, called SecureCode when using Maestro, whose purpose is to increase security in online transactions, by reducing the chances of fraud for those transactions; INDUSTRIAL AND COMMERCIAL BANK OF CHINA (EUROPE) S.A. BRUSSELS BRANCH ( ICBC (Europe) S.A. Brussels Branch ) is a Branch of Industrial and Commercial Bank of China (Europe) S.A. VAT : B E S W I F T C O D E : I C B K B E B B E m a i l : i n f b e. i c b c. c o m. c n

2 (b) Applicant means any individual who intends to be a Cardholder by signing the Application Form; (c) ATM means an automated teller machine at which the Debit Card will be accepted; (d) Bank means Industrial and Commercial Bank of China (Europe) S.A. with registered office at 32, Boulevard Royal, L-2449 Luxembourg, and registered with the Luxembourg trade and companies register with number B119320, in connection with these Terms and Conditions acting through its branch in Belgium, with registered office at 1050 Brussels, Louizalaan 81 / avenue Louise 81 and registered with the Crossroads Bank for Enterprises with number ; (e) Card Account means the account in EURO opened and maintained by the Cardholder with the Bank, which is operated in conjunction with the Debit Card and to which all Card Transactions carried out by the Cardholder are booked; (f) Cardholder means any individual in whose name a Debit Card has been issued by the Bank; (g) Cardholder Agreement means the entirety of the agreements between the Bank and the Cardholder (including for the avoidance of doubt these Terms and Conditions, the Application Form, the Fee Schedule (as defined in section 10) and the General Terms and Conditions of the Bank), by which the Debit Card business relationship hereto has been stipulated and established; (h) Card Transaction means any type of transaction effected by using the Debit Card, including withdrawals, deposits over the counter of the Bank, withdraw cash via ATM or make purchases from Maestro designated merchants; (i) (j) Consumer means a natural person acting in a purpose other than for the purposes of a commercial, industrial or craft activity or the practice of a liberal profession; Consumer Protection Laws means Book VII Payment and Credit Services of the Belgian Code of Economic Law of 28 February 2013 ( Wetboek van economisch recht / Code de Droit Economique ), without prejudice to other applicable laws and rules. (k) Cut-off Time means 12 p.m. CET or CEST respectively; Version 01/06/2015 page 2 of 21

3 (l) Debit Card means any Maestro debit card issued by the Bank in accordance with these Terms and Conditions; (m) Hotline means ICBC s 24-hour Debit Card customer service telephone number 0032 (0) This number is printed on the back side of the Debit Card; (n) ICBC means Industrial and Commercial Bank of China Limited; (o) Maestro System mean the network of ATMs and point of sales (POS) terminals displaying the name Maestro, and any similar systems abroad that may be used by the Cardholder; (p) PIN means Personal Identification Number for use with the Card which may be modified by the Cardholder at the Bank; (q) Working Day means any day other than Saturday, Sunday or legal holiday, on which the Bank conducts its business Headings are for convenience only and do not affect interpretation. Words denoting the singular shall include the plural, and words denoting one gender shall include all genders. 2. Issue of the Debit Card 2.1. An Applicant who maintains a Card Account (whether a current account or a joint account) may apply for a Debit Card by completing and signing the Application Form. The Bank may, at its sole discretion, accept the application or not Upon approval of the application, the Applicant can collect the Debit Card in person at the Bank or ask the Bank to send it via standard mail As per the request of the Applicant, the Bank will send the Debit Card to the Applicant in a closed envelope by standard mail to the address provided by the Applicant in the Application Form. The Applicant shall check upon receipt whether the envelope is still closed. If the envelope shows any sign of damage, he shall immediately notify the Bank thereof. In such case, the Bank shall assign and send the Applicant a new Debit Card free of charge. If the Applicant does not receive the Debit Card within 20 Working Days after filing the Application Form, he shall notify the Bank of this fact immediately Upon receipt of the Debit Card, the Cardholder has to activate the Debit Card in person at the Version 01/06/2015 page 3 of 21

4 Bank or by calling the Hotline. The Cardholder is obliged to check the Debit Card for possible damage. If the Debit Card shows signs of damage, the Cardholder shall notify the Bank of this fact immediately. In such case, the Bank shall assign the Cardholder a new Debit Card free of charge under the same conditions Upon receipt of the Debit Card, the Cardholder is obliged to immediately sign on it and apply this signature when required for using the Debit Card; if not duly signed, the Cardholder shall bear the consequences or any losses arising therefrom. By signing on or using the Debit Card, the Cardholder is deemed to have agreed to and shall be bound by these Terms and Conditions The acceptance of a Debit Card by a Consumer will be subject to the Consumer Protection Laws. 3. PIN 3.1. If the Cardholder collects the Debit Card in person, the Cardholder should set the PIN at the counter of the Bank. The Cardholder can also ask the Bank to send the PIN printed inside a closed envelope via a standard mail separately to the mail with the Debit Card inside, after receipt of the Debit Card. The Cardholder shall destroy this document after having memorized the PIN. The PIN is personal and non-transferable. When choosing or changing a PIN, the customer should not choose a number that could be easily guessed by third parties (e.g. 0000, 1234, etc.). The Cardholder can at any moment change the PIN at the counter of the Bank As soon as the PIN is established, it shall remain effective until the Bank cancels the PIN upon the Cardholder s request The Cardholder is responsible for keeping it totally secret. The Cardholder must not write the PIN on the Debit Card or on any document stored with it or accessible to a third party. When entering the PIN for a Card Transaction, the Cardholder shall do so in a way that the PIN remains secret and the Debit Card may not be subject to possible misuse If the Cardholder becomes aware that the PIN is or may be known to another person, he shall notify the Bank immediately or call the Hotline, in which case a new PIN will be established pursuant to section 3.1, and, if the Bank deems it necessary, the Debit Card will be replaced. Version 01/06/2015 page 4 of 21

5 4. Use of the Debit Card in general 4.1. The Cardholder agrees that his name will be printed on the Debit Card. And the Cardholder shall not allow anyone else to use the Debit Card The Debit Card is a Maestro debit card. The currency is euro ( EUR ). With the Debit Card, the Cardholder can make Card Transactions The Cardholder shall use the Debit Card in accordance with these Terms and Conditions. In the case that the Cardholder uses the Debit Card for any purposes other than those described in these Terms and Conditions, the Bank shall not be held liable for any loss or damage arise out of such use The Cardholder must not use the Debit Card for any illegal purpose. If the Cardholder does, the Cardholder will be responsible for such use and may be required to reimburse the Bank, for all amounts which the Bank incurs as a result of such use The Debit Card use may be restricted or refused: (i) if such use causes or may cause a breach of these Terms and Conditions; (ii) to prevent fraud or misuse of the Debit Card; (iii) if the transaction exceeds the balance of the Card Account, (iv) if the Debit Card or the PIN is blocked (the Debit Card will be blocked, when a PIN is incorrectly entered 3 (three) times in succession), (iv) if the Debit Card is expired; or (v) if the Bank has reasonable grounds to suspect that the Cardholder has or is about to commit a crime or other abuse of the Debit Card The Debit Card remains the Bank s property at all times, and is not transferable. The Bank may at its absolute discretion request for the Debit Card to be either destroyed or returned at any time, whereupon the Cardholder shall destroy or return the Debit Card immediately to the Bank The Cardholder must immediately either destroy the Debit Card or return the Debit Card to the Bank, if (i) the Cardholder Agreement is terminated, (ii) the validity period of the Debit Card expired, (iii) if the Card Account is closed or blocked, or (iv) a replacement Debit Card has been sent to the Cardholder. Version 01/06/2015 page 5 of 21

6 5. Cash withdraw 5.1. The Cardholder is entitled to draw cash (via ATMs displaying Maestro logo or by cash withdrawal) up to an amount within the approved limit If the Cardholder does not receive the requested cash or the Debit Card is retained when making a cash withdrawal from an ATM, the Cardholder shall immediately inform the Hotline and the Bank, stating the number of the Debit Card The Bank will not be responsible if the Debit Card is not accepted by an ATM that is not operated by the Bank. 6. Payments 6.1. The Cardholder may use his Debit Card to purchase goods or services via POS terminals which are affiliated with Maestro network or via any other method of payments accepted by Maestro system. Depending on the type of terminal, the Cardholder is required to use the PIN, sign a sales slip. However, the Bank cannot be held liable if a POS terminal refuses to accept the Debit Card As to low-value payments of up to EUR 10 per Card Transaction at POS terminals (the lowvalue payments ), by using the Debit Card, without signature and without entering the PIN, the Cardholder authorizes such transaction and he irrevocably instructs the Bank to pay the invoice amount to the relevant payee. The Bank hereby accepts such instructions to pay. For such payments, the signature or entering the PIN may also be required The Bank may set aside or freeze a certain amount on the Card Account initiated by any merchant participating in the Maestro system under the Cardholder s authorization before the actual transaction, which may happen on occasions where the final transaction amount is not known (e.g. at filing station). Such an amount set aside may not be identical to the actual transaction. When the Bank sets aside or freezes any amount, the balance in the Card Account shall be reduced by such amounts that the Bank set aside. The Cardholder may not stop payment on such transaction nor use any sum set aside or held by the Bank. Where applicable, the Bank may set aside or hold such sums for such period(s) as the Bank deem fit after which the Bank shall debit the Card Account for the full amount of the actual transaction. The Bank shall have the right to increase at any time the amount that the Bank Version 01/06/2015 page 6 of 21

7 would hold in respect of any Card Transaction which is denominated in a currency other than EUR if the Bank is of the view that the amount initially held when converted into foreign currency would not be sufficient to pay that Card Transaction in full. 7. Authorization of Card Transactions 7.1. The Bank will take, and the Cardholder agrees to it, the Cardholder s signature or the PIN entered in the relevant technical device (for example, ATM or POS terminals, as the case may be) as the authorization for Card Transactions, except for low-value payments When a Card Transaction is consummated by inserting the PIN, the data thus recorded shall serve as evidence of the Card Transaction. The voucher issued by the automated system is intended solely for the Cardholder s information A Card Transaction is recorded under the relevant Debit Card number in both the Maestro and the Bank electronic systems Any instruction, of any kind, by the Cardholder while using the Debit Card is irrevocable once approved by the Cardholder The Cardholder cannot withdraw the consent to make a Card Transaction after the Cardholder has authorized it, but a merchant participating in the international Maestro system may make a refund. The Bank will credit the Card Account with the amount of any refund only on the receipt of the same supported by a credit voucher properly issued by such merchant. The Bank cannot be held responsible for any delay in the processing of the refund before the Bank receives it An instruction of Card Transaction is treated as received by the Bank on the same Working Day. If the Bank receives a payment instruction after the Cut-off Time of the Working Day, the Bank will treat this as received by the Bank on the following Working Day. The Card Account will be debited when the payment instruction is received. In the case of a POS payment the Bank will make the payment to the payee s bank in favour of the payee (for example, the merchant) on the same Working Day The Card Account is denominated in EUR. If the Cardholder carries out a Card Transaction in a currency other than EUR, this will be converted into EUR. The conversion will take place on the date the Card Transaction is processed by the Bank, which may not be the same Version 01/06/2015 page 7 of 21

8 date on which the Cardholder performs the Card Transaction as it depends on when the Card Transaction was submitted to the Bank. The rate charged is not necessarily the rate available on the date of the Card Transaction as the rate applicable is determined by the date on which the merchant participating in the international Maestro system processes the Card Transaction, which may not be the date on which the Cardholder authorizes the transaction. Fluctuations may be significant Card Transactions in currencies other than EUR will be debited to the Card Account after conversion into EUR at an exchange rate determined by Maestro which are based on interbank rates that it selects from customary industry sources plus the Bank s fee, unless a specific rate is required by applicable law. The Cardholder shall bear all exchange risks, losses, commission, fees and charges which may thereby arise from such conversion. 8. Use of the 3D Secure service 8.1. Registering for the 3D Secure service (a) The Cardholder may register for 3D Secure during an online transaction with a website offering this service. (b) If the Cardholder declines the request to register, online transactions with a website that displays the SecureCode logo may not be successfully completed. (c) The Cardholder must, in accordance with the guidelines as defined under section 8.3 below, set his/her 3D Secure password (the 3D Secure Password ). Furthermore, the Cardholder has to define a personal security message (the Personal Message ). This Personal Message will appear for all future 3D Secure transactions at the same time as the request to enter the 3D Secure Password in the entry field. (d) Registration for the 3D Secure service is free and takes place over an encrypted internet connection. (e) The Cardholder has to register each of his/her Debit Cards separately. If the Cardholder receives a new Debit Card with a new Debit Card number (e.g. in the case of the renewal of a Debit Card), this Debit Card must also be registered Debit Card use and authorizations Version 01/06/2015 page 8 of 21

9 By entering the 3D Secure Password, the Debit Card Transactions are deemed to be approved according to the provisions of these Terms and Conditions Obligation of due diligence and co-operation (a) The Cardholder must choose a secure 3D Secure Password which should not include combinations that are easily ascertainable (e.g. telephone numbers, birthdays, car license numbers, the name of the Cardholder or names of family members). (b) The Cardholder is bound to take all the necessary steps to ensure the safety of the 3D Secure Password and the Personal Message. Notably, he/she undertakes not to note them down or electronically save them, either fully or altered nor in encrypted or unencrypted form on the Debit Card or otherwise. The Cardholder also undertakes not to give the 3D Secure Password and the Personal Message to a third party or make it accessible to a third party in any way. (c) The Cardholder may only enter the 3D Secure Password for online transactions if the entry field displays the Cardholder s Personal Message as well as the SecureCode logo. (d) In the event that the 3D Secure Password and/or the Personal Message is/are missing or if there is any suspicion of misuse, the Cardholder must immediately notify the Hotline and the Bank. The Cardholder solely is responsible for maintaining the confidentiality of the 3D Secure Password and of the Personal Message. (e) The Cardholder must immediately change his/her 3D Secure Password and/or Personal Message when he/she has reason to believe that a third party knows his/her 3D Secure Password and/or Personal Message Liability Without prejudice and in addition to section 9: (a) The Bank does not guarantee that the 3D Secure service will always be available, and the Bank is not liable for any damages resulting from disruption, interruptions (including necessary system maintenance) or overloading of the systems of the Bank or of any of the Bank s commissioned third parties. (b) Furthermore, the Bank shall not be liable for any failures of the 3D Secure service caused Version 01/06/2015 page 9 of 21

10 by any machines failing to work, industrial disputes or other events that the Bank cannot reasonably control The 3D Secure service provided by Maestro may be terminated at any time. 9. Card limits 9.1. The Bank may set card limits (including, but without limitation, daily limit to payments via POS terminals, to cash withdraw via ATMs and / or to low-value payments) in relation to the Debit Card at its own discretion, which the Bank may vary. These limits are specified in Fee Schedule (as defined in section 10) published on the website of the Bank ( or can be obtained at the Bank s counter. Notice of the card limit will be provided to the Cardholder in writing. Changes to the card limits will be notified to the Cardholder by post or through announcement on the Bank s website and will take effect in accordance with section 18 of these Terms and Conditions 10. Charges and fees The Bank may debit the fees, charges and expenses as set out in the fee schedule (the Fee Schedule ). Unless otherwise agreed, the fees will be debited from the Card Account on a monthly basis starting at moment that the Debit Card is been activated. The Fee Schedule applicable to the Debit Card and Card Account is provided to the Cardholder separately. Changes to the Fee Schedule will be notified to the Cardholder by post or through announcement on the Bank s website and will take effect in accordance with section 18 of these Terms and Conditions The Bank may also charge the Cardholder for other services, including but not limited to: (i) an administrative fee for additional services or documents beyond that which the Bank normally offers relating to the Debit Card; or (ii) a service charge or an administration fee for any action taken by the Bank in carrying out any of the Cardholder s instructions and/or requests relating to the Debit Card The Bank will debit the Card Account with a fee for each cash withdrawal or account balance enquiry when such transactions occurred outside the territory of the Single Euro Payments Area (SEPA). Version 01/06/2015 page 10 of 21

11 10.4. The Bank will charge the Cardholder for a currency conversion fee for each foreign currency cash withdrawal or purchase. Some financial institutions may charge the Cardholder for the use of their ATMs. Any such charges will be payable by the Cardholder if he chooses to use the service. 11. Liability The Cardholder shall be liable for, and shall pay on demand of the Bank, the balance due to the Bank on the Card Account, including all charges in accordance with these Terms and Conditions or any other terms and conditions between the Cardholder and the Bank If someone else uses the Debit Card or the Debit Card details with the Cardholder s consent, the Cardholder will be fully liable for such use The Cardholder will be liable for losses up to a maximum of 150 EUR resulting from unauthorized transactions arising from the use of a lost or stolen card, or from the misappropriation of the card where the Cardholder has failed to keep security features safe. The Cardholder will not be liable for any loss arising after the Cardholder has notified the Hotline of a loss, theft or misappropriation of the Debit Card The Cardholder must notify the Bank of any unauthorized or incorrectly executed transactions as soon as the Cardholder becomes aware. Such notification should be made no later than 13 months after the debit date. Notification will be accepted by visiting the Bank, by post, or by telephone. If the Cardholder notifies the Bank by telephone or by visiting the Bank then the Bank may ask the Cardholder to confirm the notification in writing. The Cardholder is liable for unauthorized or incorrectly executed payments if: (i) the claim is made more than 13 months after the debit date; (ii) the Cardholder acted fraudulently; (iii) the Cardholder failed with intent or gross negligence to secure the PIN and/or to protect the Debit Card; (iv) the Cardholder failed to notify the Bank in the agreed manner as set out in this section without undue delay on becoming aware of the loss, theft, misappropriation or unauthorized use of the Debit Card The Cardholder may be entitled to a refund for authorized transactions (i) where the Cardholder s authorization did not specify the exact amount of the payment transaction and (ii) where a payment transaction exceeded the amount that the Cardholder could reasonably Version 01/06/2015 page 11 of 21

12 have expected to pay taking into account the Cardholder s previous spending pattern, the conditions of the Cardholder Agreement and the individual circumstances of the case. At the request of the Bank, the Cardholder shall provide documents and/or elements relating to these conditions. Under these circumstances in order to be considered for a refund the Cardholder must notify the Bank (in a manner described in section 11.4) and request a refund within eight weeks of the transaction The Cardholder will not have a right to a refund where the Cardholder has given consent directly to the Bank for a payment transaction to be executed, or where information on the payment transaction was made available to the Cardholder in writing for at least four weeks before the due date by the Bank or another relevant payment service provider Notwithstanding above mentioned, the Cardholder shall not be liable in following cases: (a) if the Debit Card was used without being physically presented and without being electronically identified; the mere use of a PIN or other similar proof of identity is not sufficient to implicate the liability of the Cardholder; (b) if the Debit Card was copied by a third party or improperly used without authorisation, provided the Cardholder was, at the time of the disputed Card Transaction, in possession of the Debit Card. This provision covers cases of forgery where the card s data is hacked, skimmed, etc. These derogations do not apply if the Cardholder acted fraudulently or deliberately The Cardholder shall indemnify the Bank fully against all claims, demands, action, proceedings, losses, damages, costs and expenses of any nature (including legal costs on an indemnity basis) incurred, suffered or sustained by the Bank, directly or indirectly, by reason of or in connection with these Terms and Conditions, including but not limited to (i) breach of any provision of these Terms and Conditions on the Cardholder s part; and/or (ii) the enforcement or protection of the Bank s rights and remedies against the Cardholder under these Terms and Conditions, or in obtaining or seeking to obtain payment of all or any part of the monies hereby agreed to be paid by the Cardholder; and/or (iii) any change in any law, regulation or official directive which may have an effect on these Terms and Conditions. Version 01/06/2015 page 12 of 21

13 12. Exclusions and Exceptions To the extent permitted by law, the Bank shall not be liable in any way: i. If the Debit Card or PIN is rejected by a merchant participating in the international Maestro system or any terminal used to process Card Transactions, or if the Bank refuses for any reason to authorize any Card Transaction; ii. iii. iv. For any malfunction, defect or error in any terminal used to process Card Transactions, or of other machines or systems of authorization whether belonging to or operated by the Bank or other persons; For any delay or inability on the Bank s part to perform any of the Bank s obligations under these Terms and Conditions because of any electronic, mechanical system, data processing or telecommunication defect or failure, force majeure, civil disturbance or any event outside the Bank s control or the control of any of the Bank s servants, agents or contractors; If the Cardholder breaches any of these Terms and Conditions; v. For any fraud that the Cardholder perpetrates or attempts to perpetrate; vi. vii. For any injury to the Cardholder s credit, character and reputation in relation to the Bank s repossession of the Debit Card or the Bank s request for its return; or For any delay not due to the Bank in the release of any amount placed on hold (see section 6.3) on the Card Account. This list is not exhaustive The Bank shall not be liable in any way when the Cardholder encounters any problems with the goods and services that the Cardholder purchases from any merchant participating in the international Maestro system through the use of the Debit Card. The Bank shall not be deemed to be a party to such dispute. 13. Loss/theft /disclosure/blocking of the Debit Card If the Cardholder becomes aware that the Debit Card is lost, stolen or otherwise used in an unauthorized way, the Cardholder shall call without undue delay the Hotline. Version 01/06/2015 page 13 of 21

14 When calling the Hotline, the Cardholder shall provide (i) the IBAN number of the Card Account, (ii) his Debit Card number, and (iii) his ID card and/or passport number as stated in the Application Form (the Cardholder shall immediately inform the Bank of any changes of the details given in the Application Form), so that the Hotline can immediately block the relevant Debit Card for a limited period in order to prevent any further misuse. The Cardholder is therefore required to confirm his phone call by visiting the Bank without undue delay and at latest within one month starting from the day he called the Hotline. Notwithstanding section 11.3 passing this period of one month, the Bank may no longer be held liable for any loss resulting from unauthorized transactions arising from the use of a lost or stolen Debit Card. All conversations with the Hotline are recorded. The Bank recommends to inform the police accordingly in order to get a police report of the lost or stolen Debit Card. If requested by the Bank a copy or such report must be sent to the Bank The Cardholder shall provide the Bank with all material information as to the circumstances of the loss or theft of the Debit Card or disclosure of PIN and take all reasonable steps to assist the Bank to recover any losses incurred. The Bank is entitled to charge the Cardholder a fee for any such recovery efforts If a Debit Card, reported of being lost or stolen, is recovered, the Cardholder may request to cancel the lost report and to continue to use that Debit Card. The Bank may approve the Cardholder s request or issue a new Debit Card as the Bank deems appropriate. Any costs for the reissuance of a new Debit Card and PIN will be charged on the Cardholder s Card Account according to the Fee Schedule. If the Cardholder recovers the lost or stolen Debit Card after the Cardholder applied for a new Debit Card to the Bank, the Cardholder must not use the recovered Debit Card and destroy or return it to the Bank The Bank may block the Debit Card if (i) factual reasons in connection with the security of the Debit Card justify this, (ii) there is suspicion of non-authorized or fraudulent use of the Debit Card or (iii) a considerably increased risk exists that the Cardholder is unable to meet the payment obligation. In such case the Bank will notify the Cardholder of the blocking of the Debit Card before, but at the latest without undue delay after the blocking of the Debit Card is established. The Bank will unblock the Debit Card or replace it with a new Debit Version 01/06/2015 page 14 of 21

15 Card as the Bank deems appropriate if the reasons for the blocking of the Debit Card no longer apply, unless the Bank has reasons to believe that the Cardholder breached these Terms and Conditions. Any costs for the reissuance of a new Debit Card will be charged to the Card Account. The Bank will inform the Cardholder without undue delay of the removal of the blocking of the Debit Card. 14. Personal Data In accordance with Act of 8 December 1992 on the protection of privacy in relation to the processing of personal data, the Bank, the Hotline, ICBC and Maestro system are authorized to process personal data relating to the Cardholder and the Debit Card, such as, but not limited to, the Cardholder s name, gender and address, and the Debit Card number (the Data ). To ensure that the Debit Card functions properly within the network, the Cardholder authorizes the Bank to transmit Data to third parties such as banks and merchants participating in the international Maestro system, Debit Card manufacturers, Debit Card embossing companies, companies holding the Maestro license and international clearing and payment authorization services providers, insofar as the provision of such data is vital The Bank is authorized to verify the personal and financial information supplied by the Applicant/Cardholder Where the Cardholder presents or communicates any information regarding the Debit Card outside the territory of Belgium, he consents to and authorizes (i) the gathering, storage and communication of information relating to his identity, Debit Card information, Debit Card Transactions and account balance by any means that permit the Bank to keep appropriate Debit Card records and account statements; (ii) the furnishing and transmission to participants in and operators of Debit Card payment networks; (iii) the storage of such information by said participants in and operators of Debit Card payment networks; and (iv) compliance by such participants in and operators of Debit Card payment networks with the relevant laws and regulations governing data disclosure The Bank shall not be held liable for loss of information transiting through the Debit Card payment network, except in the event of wilful intent or gross negligence. The Bank shall not be held liable for the loss of information on statements, e.g. account balances or account Version 01/06/2015 page 15 of 21

16 numbers. The Cardholder shall make every effort not to lose information The Bank is authorized to reveal personal information when required by laws, regulations, judicial decisions, and governmental administrative decisions More information and details about the Personal Data processing are available in Articles 9 and 10 of the General Terms and Conditions of the Bank. 15. Validity of the Debit Card The Debit Card issued by the Bank is valid for a limited period. The expiration date is indicated on the Debit Card. However, the Bank reserves the right to shorten or extend the validity period of the Debit Card for security and/or technical reasons. 16. Termination and destruction or return of Debit Card(s) The Cardholder Agreement is entered for an indefinite period The Bank may terminate the Cardholder Agreement at its absolute discretion by providing the Cardholder with 2 (two) months written notice. Where the Cardholder has not used the Debit Card in accordance with these Terms and Conditions or the Bank has reasonable grounds to suspect the fraudulent or illegal use of the Debit Card then the Bank may terminate the Debit Card services immediately. For the avoidance of doubt, the following cases constitute a fraudulent or illegal use: provision of incorrect information on the Cardholder s financial situation, (threatening) substantial deterioration of the Cardholder s financial situation jeopardizing the ability to fulfil the Cardholder s obligations under the Cardholder Agreement, any material breach of these Terms and Conditions and any material breach of current legislation which in the Bank s reasonable opinion have an impact on the relationship with the Cardholder The Cardholder may terminate the Cardholder Agreement, free of charge, at any time by giving the Bank 1 (one) month prior written notice The Cardholder s liability to the Bank under these Terms and Conditions for any balance due to the Bank shall remain after the termination of the Cardholder Agreement. 17. Conclusiveness of Documents and Certificates The Bank s records (including electronic, computer and microfilm stored records) of all Version 01/06/2015 page 16 of 21

17 matters relating to the Debit Card, the Card Account and/or of the Cardholder and any certificate from the Bank stating the Cardholder s liability to the Bank as at any specified date shall be conclusive of their accuracy and authenticity, shall constitutes binding and adequate written proof that the transaction was correctly registered and booked and not affected by a technical failure or other defect and shall be binding on the Cardholder for all purposes whatsoever. The Cardholder may present any evidence to the contrary The Bank will send a Card Account statement to the Cardholder on a monthly or other periodic basis as agreed between the Cardholder and the Bank The Cardholder shall without undue delay assess the Card Account statement in terms of correctness and completeness. If the Cardholder has any doubts with respect to the correctness or completeness of the Card Account statement, the Cardholder shall notify the Bank without undue delay Any objections concerning transactions on the Card Account statement that were unauthorized or incorrectly carried out must be notified in writing to the Bank without delay, and at the latest within thirteen months following the date of debit or credit. If the Cardholder does not raise any objections in a timely manner, the Cardholder is deemed to have consented to the Card Account statement. The Bank will inform the Cardholder of that consequence on the Statement separately. After thirteen months, the Cardholder may only claim correction of the Statement if the Cardholder can provide evidence that the Credit Card Account was wrongly debited or the Cardholder did not receive a credit he is entitled to. 18. Change of Terms and Conditions The Bank may at any time at its absolute discretion and upon notice to the Cardholder, change any one or more of the clauses in these Terms and Conditions. Such change(s) shall take effect from the date stated in the notice, which shall be no less than 2 (two) months from the date of the notice The Bank may at any time at its absolute discretion and upon notice to the Cardholder, change the prevailing rate and/or amount of any charges or fees payable by the Cardholder as stated in the Fee Schedule. Such change(s) shall take effect from the date stated in the notice, which shall be no less than 2 (two) months from the date of the notice. Version 01/06/2015 page 17 of 21

18 18.3. The Bank will notify the Cardholder of any changes in accordance with this section by post, by publishing such changes in the account statements or by making details of such changes available on the Bank s website; If the Cardholder does not accept such change(s), he shall forthwith discontinue use of the Debit Card and instruct the Bank in writing to terminate the Debit Card services before the date on which the changes of Terms and Conditions enter into force. Such termination will be immediate and without charge. Where the Cardholder continues to use the Debit Card after such notification, the Cardholder shall be deemed to have agreed with and accepted such change(s) When notifying the Cardholder of an amendment the Bank will also inform the Cardholder of the consequences if the Cardholder remains silent after having received a notification by the Bank of the changes to the Terms and Conditions. 19. Communication and Information Obligation Unless otherwise stated herein, any information (including information on account payment status), notices, variations, amendments, approvals or the like under or in connection with the Cardholder Agreement must be in writing, unless applicable law requires a different form Unless a specific form is required by applicable law, communications to the Cardholder may be made: (a) via telephone, fax, electronic mail, short message service, the website etc.; or (b) via Card Account statements; (c) sent by post to the Cardholder s postal address last known to the Bank; (d) personally; (e) in any other way permitted by law All communication, requests and instructions from the Cardholder must be in writing and either personally delivered or sent by standard or registered mail to the Bank Any notifications to the Cardholder will be delivered to the address stated in the Application Form. The Cardholder must immediately inform the Bank of any changes to the details given in Version 01/06/2015 page 18 of 21

19 the Application Form The Cardholder shall notify the Bank immediately of any change of information provided by the Cardholder in the Application Form, including but not limited to the address as well as on any change in personal or financial circumstances as related to the Cardholder s ability to fulfil his obligations under these Terms and Conditions. 20. System break down The Bank is not liable for any damages caused by a system breakdown or failure of data processing except such system breakdown or failure of data processing is caused by a grossly negligent or intentional breach of duty by the Bank or its legal representatives or a person in charge of performing the Bank s obligations. 21. Suspension The Bank may at any time in its sole discretion and without giving reason suspend the Cardholder s right to use the Debit Card if the Bank has reason to believe that a transaction is or will be executed in connection with any illegal activities. 22. Governing law and jurisdiction clause The Cardholder Agreement (including for the avoidance of doubt these Terms and Conditions) shall be interpreted and governed in accordance to the laws of Belgium The courts of Brussels shall have sole jurisdiction for any dispute between the Cardholder and the Bank. However, the Bank may refer the dispute to any other court which would have jurisdiction in respect of the Cardholder. 23. Complaints and recourse Complaints may be addressed to: ICBC (Europe) S.A. Brussels Branch Louizalaan 81 / avenue Louise Brussel / 1050 Bruxelles Tel: 0032 (0) Fax: 0032 (0) /80 Version 01/06/2015 page 19 of 21

20 If the Cardholder is not satisfied with the solution proposed by the Bank, he can address his complaint to: Ombudsfin Ombudsman in financial conflict Belliardstraat box 8 / Rue Belliard box Brussels Tel: Fax: ombudsman@omfin.be Website: Or Federal Public Service Economy, SME s the Self-Employed & Energy General Directorate for Inspection and Mediation WTC III Simon Bolivarlaan 30 / Boulevard Simon Bolivar Brussels Tel: Fax: eco.inspec.fo@economie.fgov.be Website: Miscellaneous The provisions of these Terms and Conditions shall supplement and not replace the provisions of any terms and conditions the Cardholder may have with respect to the Card Account, any other terms and conditions between the Cardholder and the Bank as set out in the General Terms and Conditions. In the event of inconsistency between the provisions of these Terms and Conditions and the General Terms and Conditions, these Terms and Version 01/06/2015 page 20 of 21

21 Conditions shall prevail with respect to the use of the Debit Card. The remedies under these Terms and Conditions are cumulative to the ones provided under the applicable laws and regulations The Bank may provide at its sole discretion, any programme, scheme or plan from time to time with respect to the use or the promotion of the use of the Debit Card and Debit Card services. Those additional services, benefits or programmes may be subject to their own terms and conditions If any one or more of the provisions of the Cardholder Agreement or any part thereof is declared to be illegal, invalid or unenforceable under any applicable law, it will not affect the legality, validity or enforceability of the remainder of the Terms and Conditions in such jurisdiction or the legality, validity or enforceability of the Terms and Conditions in any other jurisdiction No omission or failure or delay by the Bank in exercising any right, power or remedy is to be deemed a waiver or partial waiver thereof on the Bank s part; and no waiver by the Bank of any breach of these Terms and Conditions on the Cardholder s part is to be considered a waiver of any subsequent breach of the same or any provision of these Terms and Conditions. The Bank shall be considered to have waived its rights only if the Bank specifically notifies the Cardholder of such a waiver in writing The Cardholder authorizes the Bank and ICBC to record telephone calls, for security and evidentiary reasons. The parties agree that the tape recordings may be used in a court of law and shall have the same evidentiary effect as a written document These Terms and Conditions will remain in force until terminated by the Cardholder or the Bank, or replaced by the Bank, in accordance with these Terms and Conditions These Terms and Conditions have been written in English as well as all information provided to the Cardholder prior to the Cardholder Agreement, and in which the Bank and the Cardholder will communicate for the performance of the Cardholder Agreement. Version 01/06/2015 page 21 of 21