1. In this Agreement where the context so admits the following expression shall have the meanings designated unless otherwise distinguished: -

Transcription

1 CIMB LAZADA PREPAID MASTERCARD ACCOUNT AGREEMENT Eligible for Protection by PIDM In consideration of CIMB BANK BERHAD [13491-P] opening a CIMB Lazada Prepaid Mastercard Account in my name, I hereby agree to be bound by the following terms and conditions herein. Definitions 1. In this Agreement where the context so admits the following expression shall have the meanings designated unless otherwise distinguished: - a) The expression Account means the Accountholder's CIMB Lazada Prepaid Mastercard Account, to which all payments for purchases of goods and/or services and cash withdrawals effected by the use of the Account and/or Card and all applicable fees and charges are debited; b) The expression Accountholder means the person to whom the Account is opened for and Card issued to, if applied for by the Accountholder and shall include his/her heirs, personal representatives and successors-in-title and the use of the words you or your shall mean the Accountholder; c) The expression Accountholder's Other Accounts means the Accountholder's other banking or other accounts with the Bank and/or CIMB Islamic Bank Berhad apart from the Account and includes an Accountholder's joint account with a third party; d) The expression Account Number means the account number allocated to the Account and the number allocated to the Card and embossed on the Card; e) The expression adequate prior notice means the notice period of three (3) working days, which shall be deemed to be adequate prior notice to the Accountholder; f) The expression this Agreement means the agreement between the Accountholder and the Bank whereby the Account and Card, if applied for by the Accountholder, is made available to the Accountholder by the Bank upon the terms and conditions herein as well as the terms and conditions contained in the Bank's standard online application forms provided via CIMB Clicks and submitted online by the Accountholder to the Bank when applying for the opening of the Account and such other terms and conditions supplemented or amended from time to time; g) The expression the ATM means an automated teller machine; h) The expression the Bank means CIMB BANK BERHAD [13491-P] having its registered office at Level 13, Menara CIMB, Jalan Stesen Sentral 2, Kuala Lumpur Sentral, Kuala Lumpur and place of business at Level 19, Menara Bumiputra Commerce, 11 Jalan Raja Laut, Kuala Lumpur or at such other addresses or other locations as may be changed by the Bank from time to time and includes its successors-in-title and assigns; i) The expression billing currency means the billing currency in Ringgit Malaysia and includes its abbreviation RM ; j) The expression Card means the physical card issued by the Bank under the Account of the Accountholder; k) The expression CIMB Clicks means the Bank s internet banking website at 1

2 l) The expression "CIMB Clicks User ID" means a unique name selected by you when registering for first time with CIMB Clicks, consisting of no less than six (6) and no more than thirty two (32) alphanumeric characters which must be keyed in by you every time you log on to CIMB Clicks, to allow the Bank's Internet Banking system to associate it with your CRN and CIMB Clicks e-pin for verification and authentication purposes in order to grant you access to CIMB Clicks; m) The expression CIMB Group means CIMB Group Holdings Berhad and all its related companies as defined in Section 7 of the Companies Act 2016 that provide financial and other regulated services, excluding companies, branches, offices and other forms of presence operating outside Malaysia; n) The expression CNP refers to card-not-present transactions which are purchases made when the Card is not physically present. This could include but shall not be limited to Online, phone transactions, mail order transactions and online transactions via the internet. o) The expression "CRN" means the sixteen-digit number of an Automated Teller Machine ("ATM") Card or Credit Card as assigned by the Bank or CIMB Islamic Bank in relation to your Account, as you may have or as may be opened by you, with the Bank or CIMB Islamic Bank and which must be keyed in together with your CIMB Clicks e-pin for your first time registration with CIMB Clicks. p) The expression handling charge and additional charges means the handling charge and additional charges referred to herein; q) The expression "Internet Banking Password" means the 8 character, alphanumeric personal password that you select to access CIMB Clicks each time you log on to CIMB Clicks so as to allow the Bank's Internet Banking system to associate it with your CRN and CIMB Clicks User ID for verification and authentication purposes prior to granting you access to CIMB Clicks; r) The expression MCI means MasterCard Worldwide, a company organized under the State of Delaware, having its office and principal place of business at 2000 Purchase Street, Purchase, New York, NY , United States of America of which the Bank is a member institution; s) The expression merchant shall include all merchants supplying goods and/or services; t) The expression PIN means the personal identification number of the Accountholder; u) The expression Replacement Card Fee means the fee payable by you for the replacement of a Card in accordance with the provisions of Clause 14.4; v) The expression "SMS" means Short Messaging Service; w) The expression Statement means the periodic statement which shows inter alia the amounts charged, debited from or credited to the Account; x) The expression Transaction Authorization Code (TAC) means the security feature that has been implemented to provide second layer of protection for online banking transactions, in addition to your CIMB Clicks User ID and Internet Banking Password. It is a unique, 6 digit code that needs to be entered for specific online transactions; and y) The expression working day means a business day (not being a Saturday or Sunday) on which banks, licensed to carry on banking business under the provisions of the Financial Services Act 2013, are open for business in Kuala Lumpur. 2

3 2. Account Opening 2.1. Application to open an Account shall be made online via CIMB Clicks or other designated channels as may be determined by the Bank from time to time. 2.2 If you do not have any banking or other accounts with the Bank and/or CIMB Islamic Bank Berhad, you must be a Malaysian citizen with Malaysian MyKad to be eligible to apply for the opening of the Account and must:-. (i) successfully complete the Bank s digital verification of you in Malaysia within two (2) calendar days of your application for the opening of the Account. Please proceed to download CIMB EVA App and follow the step by step instruction contained therein to complete the Bank s digital verification of you; (ii) provide further additional supporting document to the Bank in the prescribed manner as notified by the Bank to you via SMS and/or based on your registered mobile number and address in the Bank s records within the next three (3) calendar days. Failure to comply with these conditions will result in the closure of the Account. 2.3 The acceptance and continuance of the Account will be entirely at the discretion of the Bank. The Bank reserves the right to reject and decline your application at the Bank s sole and absolute discretion or if the Bank s records show that you have been blacklisted by the Bank, Bank Negara Malaysia or MCI or if any of your account(s) has been monitored by the Bank due to unusual, irregular, suspicious, fraudulent and/or unauthorized activities or suspected misuse, or has been blocked, cancelled or terminated by the Bank provided always that the Bank shall have no obligation to provide to you the reason or evidence or grounds in declining your application. Whilst the application is open to all individual customers, the Bank reserve the right to reject any application and/or to decline to open the Account at the Bank s sole and absolute discretion without assigning any reasons whatsoever, and the Bank s decision shall be final and conclusive. The Bank reserves the right to stipulate and vary, from time to time, the minimum amount of initial deposit required to open the Account You shall comply with all the Bank s requirements to open the Account. In applying for the Account, using and/or operating the Account, you represent and warrant that (i) all information provided by you to the Bank is true, correct and complete (ii) you do not have any other CIMB Lazada Prepaid Mastercard Account with the Bank (iii) you are at least eighteen (18) years of age and (iv) you have a registered mobile number and mailing address in Malaysia. You agree that based on such disclosure, you shall be liable for misrepresentation or false, untrue or incorrect information disclosed by you for the opening of the Account and for the continued usage and/or operation of the Account, and you shall be liable and responsible for any damage or loss suffered or incurred by the Bank arising under any of your breach or default herein You acknowledge that the Account shall be governed by and subject to the terms and conditions set out in this Agreement, the Bank s Terms of Access governing the use of CIMB Clicks and CIMB Clicks Internet Banking Agreement ( the terms and conditions ) as amended, varied and/or reviewed from time to time by the Bank upon giving adequate notice. In the event of any conflict or discrepancy between any of the terms and conditions, the terms and conditions herein shall prevail and be deemed as binding on you The Account may be opened with the application by you for the issuance of the Card as determined by the Bank at its sole discretion from time to time. You are required to firstly pay the annual fee in order for your application to be successfully processed. The Bank will not process any applications for the opening of Account with issuance of Card if the annual fee has not been paid or received by the Bank. The payment of the annual fee can be done online at CIMB Clicks via (i) Financial Process Exchange (FPX) or (ii) credit card; or at any other designated channels as may be permitted by the Bank from time to time. 3

4 2.7. By opening the Account, you hereby expressly acknowledge and agree that:- i. As and when required, you shall furnish the Bank with any information required by the Bank for the purpose of regulatory reporting obligations or for whatsoever reasons which the Bank deems reasonable or necessary ii. You hereby give your express authorization and consent to the Bank to disclose relevant information to any third party solely for purposes of determining your eligibility to participate and/or for fulfillment of any benefits to be given to you herein or under any promotion or campaign which may be organized by the Bank or by the Bank in conjunction with other third parties from time to time. Such promotion or campaign may be communicated to you via CIMB Clicks and/or other designated channel as the Bank may select from to time. Notwithstanding the generality of the foregoing, in the event you do not wish to participate in such promotion or campaign and no longer consent to the aforesaid disclosure, you may contact the Bank at the following telephone number or address (which may be changed by the Bank from time to time by notice to you): 19 th Floor, Menara Bumiputra Commerce, 11 Jalan Raja Laut, Kuala Lumpur, Tel No.: iii. You recognize and understand that the Account is not an interest bearing account and shall not earn any interest whatsoever. iv. You recognize and understand that you shall not add or credit funds into the Account excess of the Maximum Amount as referred to in Clause v. You have been informed that the Account is eligible for protection by Perbadanan Insurans Deposit Malaysia (PIDM) and have downloaded a copy of the PIDM brochure which is available via CIMB Clicks. 3. Delivery of Card The Card to be issued under the Account will be delivered to the mailing address provided by you within fourteen (14) working days after the successful opening of the Account. The Card will be embossed with the 1st 20 characters including space of your name that is submitted during application to open the Account. Please ensure you have stated the correct mailing address in your application details to avoid your Card being sent to the wrong address. The Bank shall not be responsible for any error contained in your application including but not limited to any wrong mailing address keyed in by you in your application which results in the Card being sent to the wrong mailing address. The Bank shall further not be responsible if the Bank has sent the Card to the mailing address as stated in your application and in the Bank s records but due to whatsoever reason not known or attributable to the Bank you have not received your Card. 4. PIN and Activation of the Card 4.1. Upon your receipt of the Card, you must first activate the Card before you can use it to pay for goods and services at any merchant that accepts MasterCard or for any withdrawal of money. You will receive a temporary PIN delivered to the mailing address provided by you during the account opening process. To activate the Card, you are required to call in to CIMB Bank s Call Centre or SMS to the given number provided in the card mailer enclosing your Card The Accountholder upon receipt of the temporary PIN shall change the temporary PIN at the Bank s own ATMs, secured website and/or other secured channels permitted by the Bank within seven (7) days or as specified by the Bank If the Accountholder has forgotten his PIN, the Bank will issue the Accountholder with a new temporary PIN upon the Accountholder s request Upon lost or stolen Card as reported by the Accountholder and the Bank agrees to issue the Accountholder with a new Card, a temporary PIN for the new Card will also be issued. The Accountholder is not able to use his existing PIN with a replacement Card. 4

5 4.5. The Accountholder must keep his PIN secret and shall not disclose his PIN to any other person under any circumstances. In selecting the Accountholder s PIN, the Accountholder SHALL NOT select a PIN which is obvious or predictable, including those which: - represents his birth date; being an alphabetical PIN, is a recognizable part of his name; consists of sequential numbers (for example 12345); or consists of all numbers being the same (for example ). 4.6 The Accountholder must ensure that the transaction amount is correct before signing any vouchers or transaction records and before entering the Accountholder s PIN at any electronic point of sale terminals which requires the entry of the Accountholder s PIN. By signing a voucher or transaction record or entering the Accountholder s PIN or otherwise using the Accountholder s Card at any electronic point of sale terminal, the Accountholder is deemed to have agreed to the transaction and confirmed the amount is correct. 4.7 The Accountholder consents and agrees that the PIN will serve as a means of authenticating and verifying the Accountholder s identity to the Bank for purposes of the transactions contemplated under these terms and conditions. In this regard the Accountholder authorizes the Bank to accept, follow and act upon all instructions of the Accountholder when identified by the Accountholder s PIN and the Bank shall not be liable for acting upon such instructions in good faith. Such instructions shall be deemed irrevocable and binding on the Accountholder upon the Bank s receipt notwithstanding any error, fraud, forgery, lack of clarity or misunderstanding in respect of such instructions. The Bank is entitled to rely on the PIN as conclusive evidence of the Accountholder s identity but if the Bank has doubts or is uncertain as to the Accountholder s identity, the Bank may still request for such other form or means of identification as it may deem fit in its absolute discretion at any time and from time to time. 5. Account and Facilities Available 5.1. The Account is opened for use in connection with the facilities made available by the Bank from time to time at its absolute discretion including but not limited to the following and the same may be changed, substituted or added or withdrawn by the Bank from time to time upon due notification to you: - i. the payment for any purchase of goods and/or services, which payment may be debited to the Account; and/or ii. iii. iv. Fund Transfer including OctoSend as referred to below i.e. the transfer of funds from the Account to Accountholder s Other Accounts or to a third party account maintained with the Bank or CIMB Islamic Bank Berhad or any other fund transfer(s) from the Account as maybe permitted by the Bank from time to time; and/or the autopayment service ( Autopay Service ) whereby all amounts due and payable on the Accountholder's periodic official bills from the merchant(s) indicated in the application form for the Autopay Service are paid by the Bank and debited from the Accountholder s Account as instructed by the Accountholder in the application form for the Autopay Service; and/or cash withdrawal from the Bank s ATMs and/or other financial institution s ATM displaying the MasterCard name and/or logo via the use of the Card; and/or v. Remittance (Foreign Telegraphic Transfer, MoneyGram, Local & Foreign Demand Draft and Banker Cheque); and/or vi. vii. viii. Bill Payment; and/or Prepaid Reload; and/or other facilities, subject to prior written agreement of the Bank. The aforesaid facilities shall be subject to the Bank s terms and condition governing such facilities and/or services OctoSend Subject to Clause 5.2.2, you may request for the transfer of money from the Account to another third party individual by entering all relevant information required together with the third party 5

6 recipient s mobile number or address in the relevant column or section of CIMB Clicks. You will thereafter receive a claim code via SMS. You will have to communicate this claim code to your intended third party recipient who must use the claim code and the same mobile number or address entered by you to receive the fund or money To receive the fund or money, your intended third party recipient must have an existing current account/ current account-i or savings account/ savings account-i maintained with the Bank or CIMB Islamic Bank Berhad. The claim code is only valid for 7 days. The failure of the third party recipient to claim the fund or money intended to be transferred by the Accountholder to the third party recipient within the claim code validity period will result in the return of the unclaimed funds to the Accountholder s Account Autopay Service Upon the Bank's approval of the Accountholder's application for the Autopay Service, all amounts due and payable to the merchant(s) shall forthwith be paid by the Bank upon the Bank's receipt of the merchant(s)' bills or other requests for payment. The Accountholder's previous instruction, if any, to: - i. another bank and/or financial institution to pay the merchant(s); and/or ii. the merchant(s) to charge the amounts due and payable to the Accountholder s account maintained with another bank and/or financial institution, shall upon the Bank's approval of the Accountholder's application for the Autopay Service be deemed revoked and the Accountholder shall immediately notify the merchant(s) and/or the other bank or financial institution of the change of the Accountholder's paying instructions The Bank in providing the Autopay Service is not responsible for: - i. effecting payment of any charges to the merchant(s) on a timely manner and in this regard, the Accountholder shall not hold the Bank liable through any error, neglect, refusal or omission to pay or delay in paying all or any of the charges to the merchant(s); ii. effecting payment of any charges made in good faith to the merchant(s); iii. paying all or any of the charges to the merchant(s) where there is no available or sufficient funds in the Accountholder s Account or where the use of the Card by Accountholder is terminated or suspended for any reason whatsoever or where the Card is not renewed or replaced, as the case may be, or where the Bank in its absolute discretion conclusively determines that the circumstances justify non-payment due to whatever reasons; and/or iv. paying any charges to the merchant(s) if the Accountholder shall at any time instruct the Bank to stop or cease any payment or cancel or terminate the Autopay Service. The Accountholder shall at all times remain primarily liable and responsible to pay all charges due and owing to the merchant(s) directly and the Bank shall not at any time be obliged to inform the Accountholder of any non-payment by the Bank of all or any of the aforesaid charges. In the event of non-payment by the Bank of any charges due and payable to the merchant(s), the Accountholder shall resolve such outstanding payments with the merchant(s) directly. In the event the Accountholder s Account number changes, the Accountholder shall be responsible for informing the merchant of the change in the Accountholder s Account number. The Bank however, may (but is not obliged to) in its absolute discretion accept any request for payment(s) billed to the Accountholder s previous Account number and make payment thereon, subject to the available credit in the previous Account number. 6

7 Where there is insufficient funds in the Accountholder 's Account to pay the charges of all the merchants, the Bank may: - i. elect not to make any payment of any charges to all or any merchants in which event the Accountholder shall resolve all outstanding payments with the merchant(s) directly; or ii. in its absolute discretion conclusively determine the order of priority of payment of the charges of whichever merchant(s) the Bank deems fit in which event the Accountholder shall resolve all outstanding payments with the relevant merchant(s) directly whose charges are owed by the Accountholder The Accountholder shall indemnify the Bank against any loss, cost, damage, expense, claim or demand (including legal expenses on a solicitor and client and full indemnity basis) which the Bank may sustain or incur as a consequence of providing the Autopay Service to the Accountholder The obligation of the Bank to effect payment to the merchant(s) as instructed by the Accountholder shall immediately cease upon: - i. the termination of the Autopay Service by either the Bank or the Accountholder giving to the other party not less than one (1) month's notice in writing whereupon the expiry of the one (1) month period from the date of the notice of termination, the Autopay Service shall be terminated; or ii. the termination of this Agreement and/or the Account. Notwithstanding the above, the Accountholder is responsible for informing the relevant merchant in writing that the Autopay Service has been terminated and to request the said merchant to discontinue the billing to the Bank. Until such time the merchant informs the Bank that the Autopay Service has been terminated, the Bank shall be entitled (but not obliged) to make payment to such merchant notwithstanding that this Agreement is terminated, the Account is terminated or cancelled and/or the Accountholder has informed the Bank in writing that the Autopay Service has been terminated and the Accountholder shall remain liable for such payments made by the Bank to the merchant Notwithstanding anything contained herein, the Bank reserves the right to discontinue, suspend, or terminate the Autopay Service at any time by giving the Accountholder adequate prior notice and not effecting the payment of charges to the merchant(s). The Accountholder shall at all times remain primarily liable and responsible to pay all charges due and owing to the merchant(s) directly and in the event the Bank exercises such rights, the Bank shall not incur any liability to the Accountholder shall resolve all outstanding payments with the merchant(s) directly. 5.4 The following facilities shall not be available to Non-CIMB Account Holders/CIMB customers without a CIMB Clicks account, and the same may be changed, substituted or added by the Bank from time to time upon due notification to you: i. cash withdrawal from the Bank s ATMs and/or other financial institution s ATM displaying the MasterCard name and/or logo via the use of the Card; ii. iii. Fund Transfer including OctoSend as referred to above i.e. the transfer of funds from the Account to Accountholder s Other Accounts (excluding other own single named CASA accounts (not inclusive of joint CASA account) with the Bank) or to a third party account maintained with the Bank or CIMB Islamic Bank Berhad or any other fund transfer(s) from the Account as maybe disallowed by the Bank from time to time; and/or Remittance (Foreign Telegraphic Transfer, MoneyGram, Local & Foreign Demand Draft and Banker Cheque). 6. Cards with Contactless Transaction-Enabled Features 6.1 The Accountholder acknowledges that certain Cards issued by the Bank will incorporate a feature which enables the Card to be utilised to pay for goods and services by tapping or waving the Card at contactless readers / terminals ( Contactless Transactions ), These Cards and related devices and terminals may carry MasterCard PayPass logos and branding or such logos or brands which the Bank or MasterCard may decide from time to time. 7

8 6.2 Contactless Transactions not exceeding an amount which may from time to time be specified by the Bank, may be processed and the Accountholder s Account debited with the Contactless Transaction amount without requiring the: - Card to be swiped at a magnetic strip reader; Card s chip to be read by a chip terminal; or Accountholder s signature or entry of the Accountholder s PIN number to authorize the transaction. By accepting the Card which can be used for Contactless Transactions and using it to effect Contactless Transactions or in any other manner whatsoever (including using it in the conventional manner of swiping the same at a magnetic strip reader or at a chip reader or otherwise) the Accountholder undertakes to use the Card in accordance with and agrees to be bound by the terms and conditions herein contained. 6.3 Without prejudice to the foregoing, the Accountholder undertakes to be liable for all Contactless Transactions incurred using the Card and posted to the Accountholder s Account. All Contactless Transactions will be deemed to have been properly authorised by the Accountholder unless the Accountholder can show conclusive proof to the contrary. In this regard the Accountholder acknowledges the ease of which unauthorised Contactless Transactions may be carried out and accepts the risk of the same. 7. Card-Not-Present (CNP) and Overseas Transaction 7.1 CNP transactions which is not authenticated via strong authentication method such as dynamic password or any overseas transaction using the Card and or Account is prohibited unless the Accountholder has expressly opted-in to conduct such transactions and notified the Bank of the same by contacting CIMB Bank s Call Centre or such other channel as the Bank may make available from time to time. 7.2 Where the Accountholder has opted-in to conduct such CNP or overseas transactions, the Accountholder undertakes to be liable for all CNP and overseas transactions posted to the Accountholder s Account and all such transactions shall be deemed to have been properly authorised by the Accountholder unless the Accountholder can show conclusive proof to the contrary. In this regard the Accountholder acknowledges the ease of which unauthorised CNP and overseas transactions may be carried out and accepts the risk of the same. 7.3 Where the Accountholder had elected to conduct such CNP or overseas transactions, the Accountholder has the option to subsequently disable such transactions by notifying the Bank of the same by contacting CIMB Bank s Call Centre or such other channel as the Bank may make available from time to time. 8. Signature on the Card 8.1 Upon the receipt of the Card, you shall IMMEDIATELY sign on the Card. Your signature on the Card or on any sales draft, transaction record, credit voucher, and/or other charge record and/or use of the Card and/or acknowledgement of receipt slip (Document) will constitute as binding and conclusive evidence of:- (i) your entering into this Agreement with the Bank and (ii) your agreement to comply with all the terms and conditions of this Agreement and be bound by them in connection with the use of the Card provided always that use of the Card shall be regarded as sufficient and conclusive evidence of transactions effected under the Account regardless of whether you have signed your signature on the Card and or on any of the Document. 8.2 The Card is not transferable and shall be used exclusively by you. The Card may not be pledged or charged or used in any manner by you as security for any purpose whatsoever. 8.3 You may at any time terminate the use of the Card by written notice to the Bank and returning to the Bank, the Card cut in halves across the magnetic strip and across the chip (if the Card has a microchip embedded therein). You shall be and remain liable for all transactions effected through the use of the Card prior to the Bank s receipt of such written notice of termination together with the Card cut in halves. 8

9 9. Card Verification Value (CVV) Number Retrieval Accountholder who did not apply for the issuance of a Card or pending activation of the Card may retrieve their CVV Number and expiry date of the CVV Number of the Account online via CIMB Clicks. The CVV Number is required for effecting any payment for purchase of goods and/or services online. Accountholder will need to submit his or her request for the said retrieval where a six (6) digit transaction authorization code (TAC) will be delivered via SMS to the Accountholder s handphone number in the Bank s records. Once the Accountholder submits the TAC correctly via CIMB Clicks, the CVV number of the Account and expiry date will be displayed online via CIMB Clicks. 10. Pre-Authorization Where the Card is used to pay for petrol transaction(s), the Bank shall have the right to withhold and/or suspend payment of an amount of up to Ringgit Malaysia Two Hundred (RM 200) from your Account for a period of two (2) days after the date of the said petrol transaction(s). Where the Card is used to pay for hotel stay, the Bank shall also have the right to withhold an amount equivalent to the amount held by the relevant hotel during check-in to the relevant hotel for a maximum of eight (8) days. 11. Compliance with Laws and Conditional Use and Availability of Account/Card 11.1 The use of the Account and/or Card shall also be subject to the Bank's prevailing conditions, rules and regulations and all other terms, conditions and regulations governing the Accountholder's Other Accounts including any exchange control regulations of Bank Negara Malaysia. The Accountholder shall at all times comply with all applicable laws and regulations with regard to the use of the Account and/or Card and without prejudice to the generality of the foregoing provision, the Accountholder shall ensure that it complies with all exchange control regulations of Bank Negara Malaysia and that it does not use the Card for any unlawful activities such as, but not limited to, illegal online (as these phrases are commonly known) betting Without prejudice to the generality of the foregoing, the use of the Account and/or Card and availability thereof is conditional upon: - i. there being no contravention of any laws in relation thereto; and ii. the Accountholder representing and undertaking (and continually representing and undertaking) to the Bank that the Bank's agreement to grant or make or continue to make available the Account to the Accountholder will not contravene nor be in breach of any prevailing laws or regulatory requirements or any other provisions or restrictions that may be imposed upon the Bank from time to time by Bank Negara Malaysia or such other authority having jurisdiction over the Bank including, the Association of Banks in Malaysia ( The Applicable Laws and Regulations ) The Applicable Laws and Regulations to which the Account and/or Card is subject shall include but shall not be limited to: - i. all prevailing provisions of the Financial Services Act 2013 ( FSA ) and Anti-Money Laundering and Anti-Terrorism Financing Act 2001 ( AMLA ); ii. iii. all prevailing Bank Negara Malaysia's guidelines and directives issued in respect of FSA and AMLA; and all guidelines, lending limits or restrictions issued by Bank Negara Malaysia or any other governmental authority from time to time including those pertaining or applicable to the grant and/or use of the Account and/or Card to and/or by persons connected to the Bank The Accountholder shall immediately notify the Bank in writing if: - i. the Accountholder is or becomes in breach of any of The Applicable Laws and Regulations; or 9

10 ii. any of the terms and conditions herein contained ceases to be satisfied or is discovered to have been breached or not been satisfied by the Accountholder. The Accountholder in giving declaration(s) in respect of any of the aforementioned or any terms and conditions herein contained where required by and upon terms stipulated by the Bank shall be deemed to represent and warrant to the Bank that the contents therein shall remain true and accurate in all respects so long as the Account and/or Card remains available or any sums due there under remains payable. 12. Telecommunication Instructions 12.1 The Bank may (but is not obliged to) at its sole discretion accept instructions from the Accountholder over the telephone in relation to the Account and/or Card, including but not limited to requests to do the following: - i. change of mailing address; or ii. iii. iv. reporting of lost card; or replacement of lost or damaged cards; or other transactions which may be determined by the Bank from time to time Prior to accepting such instructions over the telephone, the identity of the Accountholder will first be verified by the Bank's representative through a security process established by the Bank which may incorporate the Accountholder's personal details Notwithstanding Clause 12.1and 12.2 above, the Bank may request for a written confirmation from the Accountholder of the Accountholder's instructions prior to implementing the same The Bank shall not be liable or responsible to the Accountholder for any loss or damage however caused or suffered by the Accountholder in following or omitting to follow any or all of the instructions set out in Clause The Accountholder acknowledges and agrees that: - i. the Bank may record all telephone conversations between the Accountholder and the Bank's representative; and ii. by the very nature of telephone conversations, the Bank shall not be responsible for unauthorised third parties overhearing such conversations The Accountholder further authorizes the Bank to act on his instruction given by facsimile or other means of telecommunication and any request made by the Accountholder to a merchant or a provider of service for the supply of goods and/or services to be charged to the Account or Card shall constitute authority for the Bank to debit the relevant Account with such amount charged. The Accountholder hereby irrevocably agrees to indemnify the Bank for all actions, claims, losses, liabilities or damages suffered by the Bank in agreeing to act on the Accountholder s verbal, faxed or telecommunicated instructions The Bank is irrevocably authorised (but not obliged) to contact and/or notify the Accountholder by electronic mail, or by telephone or by SMS whereby text or other electronic messages or information are sent to the Accountholder s address or mobile phone number on record with the Bank or such other address or number which the Bank deems appropriate. Information sent by electronic mail or by SMS may consist of such information as the Bank deems appropriate and may include (but not be limited to) reminders sent in respect of payment due dates, updates on benefits, programmes and promotions and other information of general interest and/or specific to the Accountholder The Accountholder shall be fully responsible for the security and safekeeping of the information he receives The Bank hereby disclaims all liability to the Accountholder for any loss or damage (direct, indirect, special or consequential), loss of business or profits, or loss or damage of any nature suffered by the Accountholder arising from or occasioned by any: - i. malfunction or defect in the transmission of information for whatever reason; 10

11 ii. iii. iv. inaccuracy, incompleteness, delay or non-delivery of any information transmitted or wrongful transmission of any information to any third party; wrongful, unauthorised or improper access to, use or interpretation of the information transmitted; and claim for libel or slander arising from the transmission of any information. 13. Termination and/or Suspension of Account/Card 13.1 The Card is and will be, at all times, the property of the Bank and shall be surrendered to the Bank immediately upon request by the Bank or its duly authorized agent. The Bank may withdraw, suspend and/or terminate at its absolute discretion, the Card and/or Account and/or any of the services thereby offered as it deems fit in its absolute discretion and regardless of whether or not any event of default has occurred by giving the Accountholder adequate prior notice. It is further agreed that the Bank is under no obligation whatsoever to reveal the reason for the termination or suspension of the use of the Card and/or Account In addition to the Bank's rights contained in Clause 13.1 above and Clause 38, the Bank may withdraw, suspend and/or terminate the Card and/or Account and/or any of the services thereby offered immediately, without assigning any reasons, notwithstanding that the Bank may have waived its rights on some previous occasions, upon the occurrence of any one or more of the following events: - i. if the Accountholder should commit or threaten to commit a default or breach of any of the agreements, covenants, stipulations, terms or conditions herein contained on the part of the Accountholder to be observed and performed; ii. iii. iv. if the Bank has been notified that the Accountholder has committed an act of bankruptcy and/or a bankruptcy notice and/or a petition for bankruptcy should be presented or an order be made for any adjudicating and/or receiving order against the Accountholder; if the Accountholder should have furnished false or inaccurate information or data to the Bank; if the Accountholder shall become insane or die; v. if the whereabouts of the Accountholder is unknown to the Bank for more than three (3) months; vi. vii. viii. ix. if the Bank is of the view that suspicious or abnormal transactions are being carried out on the Card and/or Account and such suspension and/or termination is reasonably required to prevent fraudulent or unauthorized transactions; if the Accountholder is found to have breached any applicable laws or regulations with regard to the Accountholder s use of the Card and/or Account; if the Bank suspects that the Account is being used for any illegal purposes whatsoever; if the Bank is of the view that the Account and/or Card is used for corporate purchases i.e. the Account and/or Card is used to purchase goods and/or products for the purpose of re-selling; or x. if the Bank is notified and requested by any authority, including but not limited to Bank Negara Malaysia, the Royal Malaysia Police, the Government of Malaysia or any other statutory or governmental authorities ( the relevant authorities ) to refrain from performing any transaction under the Account as abovementioned regardless of whether the relevant authorities have the legal or valid authority to so request the Bank. 11

12 13.3 In withdrawing, suspending and/or terminating the Card and/or Account and/or any of the services thereby offered pursuant to this Agreement including any action which may be taken by the Bank such as returning any instruments deposited for collection as provided herein the Accountholder agrees that the Bank shall not be held liable for defamation and or for breach of contract and or for any losses damages expenses costs or charges whatsoever which may be claimed against the Bank by the Accountholder or by any other person based on whatsoever grounds The Accountholder further agrees that should the Bank be sued or be made a party in any suit arising out of the Bank s action in withdrawing, suspending and/or terminating the Card and/or Account and/or any of the services thereby offered pursuant to this Agreement ( the Action ) or should the Bank before or after the Action commence any suit including but not limited to any interpleader proceedings against any party including the Accountholder for any appropriate relief or declaration to be made by any court, all penalties losses damages claims expenses charges and costs (legal or otherwise including costs on a solicitors and client basis and party to party costs ) which may be awarded by the court against the Bank or which the Bank may incur shall be fully indemnified by the Accountholder In so acting pursuant to any terms, conditions and provisions herein the Accountholder agrees that the Bank shall not be held liable or responsible for any losses, damages, expenses or costs whatsoever which may be claimed against the Bank on the grounds that the Bank has not been fixed with notification of the relevant events mentioned in Clause 13.2(ii) and Clause 13.2(ix) by reason of the notification being irregular, invalid, erroneous, mistaken, void, not effective or by reason of any other grounds whatsoever Irrespective of the transaction date, the Accountholder shall continue to be liable for the usage of the Card and/or Account despite the return of the Card In the event of the termination of the Account and/or Card whether by the Accountholder or by the Bank no refund of any fees or any part thereof will be made to the Accountholder by the Bank. 14. Accountholder s Responsibility and Liability 14.1 Save as hereinafter provided you shall be and shall remain responsible for the costs incurred for all goods and services supplied by any merchants and all cash advances effected through the use of the Account and/or Card. You shall be under a duty to use utmost care, diligence and precautions to prevent the loss, theft or fraudulent use of the Account and/or Card and to prevent the disclosure of your CIMB Clicks User ID, Internet Banking Password, TAC, PIN or any other codes that you will use to access the Account and/or Card (collectively hereinafter referred to as passwords ) to any other person and you shall indemnify and hold the Bank harmless against any liability for loss, damage, costs and expenses (legal or otherwise) arising from your breach of such duty. The duty to use utmost care, diligence and precautions to prevent the loss, theft or fraudulent use of the Account and/or Card and to prevent the disclosure of your passwords to any other person includes:- o o o o o o never allowing anyone else to use the Account and/or Card regularly check that you still have your Card never writing the passwords on the Card or any item normally kept with the Card and keeping your passwords record, even if disguised, separate and well apart from your Card never writing the passwords in a way which can be understood by someone else never divulging/disclosing/telling the passwords to anyone else not letting the Card out of your sight You must notify the Bank: - i. verbally or in writing immediately of any loss and/or theft of the Card and/or breach, disclosure or loss of your passwords; ii. iii. iv. as soon as reasonably practicable after having discovered that the Card is lost, stolen, an unauthorized transaction had occurred or the passwords may have been compromised; immediately upon receiving SMS transaction alert if the transaction was unauthorized; and immediately of any change in your contact number. 12

13 14.3 You shall be and shall remain liable to the Bank for any goods or services supplied by merchants and cash advances effected by the use of the Account and/or Card by any person before the Bank s receipt of your written or verbal notification of the loss and/or theft of the Card and/or disclosure of passwords. For the avoidance of doubt, you will be liable for:- i. PIN-based unauthorized transactions, if you have: - a. acted fraudulently; b. delayed in notifying the Bank as soon as reasonably practicable after having discovered the loss or unauthorized use of the Card; c. voluntarily disclosed the PIN to another person; or d. recorded the PIN on the Card, or on anything kept in close proximity with the Card and could be lost or stolen with the Card. ii. unauthorized transactions which require signature verification or the use of a contactless Card, if you have: - a. acted fraudulently; b. delayed in notifying the Bank as soon as reasonably practicable after having discovered the loss or unauthorised use of the Card; c. left the Card or an item containing the Card unattended, in places visible and accessible to others or failed to exercise due care in safeguarding the Card at your place of residence; or d. voluntarily allowed another person to use the Card. In the event that you are not satisfied with the Bank s decision in relation to any matter arising from this clause, you may refer the dispute to the Financial Ombudsman Scheme for resolution of the said dispute. When the lost or stolen Card is recovered, you agree not to use the Card which has been recovered and shall immediately cut the Card in halves across the magnetic stripe and across the chip (if the Card has a microchip embedded therein) The Bank is not obliged to issue a replacement Card to you following its loss or theft. If the Bank decides to issue a replacement Card, it will be subject to the following Replacement Card Fee: - i. RM10.00 in the event of any reported loss or theft of the Card for the first time; ii. RM15.00 in the event of any reported loss or theft of the Card for the second time. For the avoidance of doubt, you shall bear the Replacement Card Fee and taxes (including but not limited to service tax or GST) in relation to the issuance of a replacement Card. The Bank reserves the right not to replace the Card in the event of any reported loss or theft of the Card for the third time. The Bank will not charge any Replacement Card Fee if the replacement of the Card is due to the Card or the chip contained in the Card being faulty or defective or if the replacement of the Card is required due to card or system enhancements by the Bank In the event that a replacement Card is issued, all monies standing to the credit of the Account shall be transferred to the new Account bearing the same number as the replacement Card Where there is any loss and/or theft of the Card and/or disclosure of the PIN to any person, if requested by the Bank, the Accountholder must also provide the Bank with: - (i) a copy of the police report; and/or (ii) a written confirmation made by the Accountholder of the loss and/or theft of the Card and/or disclosure of the PIN to any person within seven (7) calendar days from the Bank s request. 15. Account Suspension 15.1 Accountholder may request the Bank to suspend the operation or usage of the Account at any time by contacting the Bank s Call Centre and thereafter to remove such suspension by contacting the Bank s Call Centre. Notwithstanding the aforesaid, the Bank shall not be liable or responsible for any delay or failure in suspending the Account and the Accountholder shall remain liable and responsible for all transactions effected through the Account. 13

14 16. Renewal of Card 16.1 Upon the expiry of the validity period of the Card, the Bank may issue you a new replacement Card provided that the Bank may at its sole discretion refuse to issue a new replacement Card without having to assign any reason whatsoever. 17. Limit of Purchases and Transactions 17.1 The limit for purchase and transactions on the Account and/or Card shall be the amount available in the Account or such other limit which the Bank may impose at any time at its sole discretion upon giving adequate prior notice to the Accountholder Notwithstanding the aforesaid, the Accountholder shall remain and be liable for all his liabilities including but not limited to all purchases and transactions exceeding the amount in credit in the Account. In amplification and not in derogation of the aforesaid, the Bank is not duty bound in any way whatsoever to ensure that the amount in credit in the Account is not exceeded by the Accountholder The Bank may (but shall not be obliged to) at any time and from time to time contact you to validate a transaction carried out on the Card as a measure to prevent any possible unauthorised use of the Account. In the event that the Bank is unable to contact you the Bank may (but shall not be obliged to) decline the transaction without liability to the Bank. In the event the Bank permits the transaction to be carried out, you shall remain liable for the charges incurred and/or monies withdrawn. 18. Fees and Charges 18.1 The Accountholder agrees to pay the following fees and charges: i. an annual fee for the Account; ii. iii. iv. any service tax or other impost which may be imposed by any relevant authority from time to time; a handling charge for the issue of a replacement Card; charges for the provision of copies of sales drafts and any other further supporting documents or services the Bank may from time to time provide unless otherwise stipulated by the Bank; v. fees and charges for any or all of the Account transactions effected through the use of the Account/Card (including but not limited to transactions via the ATM and/or cash withdrawals); and vi. such other fees and charges which the Bank may at its sole and absolute discretion impose from time to time upon giving the Accountholder twenty-one (21) calendar days notice prior to the effective date of implementation. The quantum of the fees and charges payable shall be of such amount which the Bank may determine and such determination shall be final and conclusive and shall not be questioned on any account whatsoever. Such fees may be debited to the Account. For full details of the applicable fees and charges in relation to the Card and/or usage of the Account, please refer to the fee structure table in the Bank s website. 19. Records of Transaction and billing currency 19.1 The Bank shall be entitled to treat: - i. any sales draft, transactions record stored or recorded electronically or otherwise, credit voucher and/or other charge record bearing the imprint or other reproduction of the embossed information contained on the Account and/or Card; and/or 14