BANK OF CHINA (MALAYSIA) BERHAD GREAT WALL INTERNATIONAL DEBIT CARD TERMS AND CONDITIONS GOVERNING THE USE OF BOCM DEBIT CARD
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1 BANK OF CHINA (MALAYSIA) BERHAD GREAT WALL INTERNATIONAL DEBIT CARD TERMS AND CONDITIONS GOVERNING THE USE OF BOCM DEBIT CARD This Terms and Conditions govern the operation and your use of the BOCM Great Wall International Debit Card (MasterCard Card Brand or UnionPay Card Brand) ( GWDBC ). It is important that you read and understand this Terms and Conditions carefully and retain them for future reference. When you acknowledge receipt of the BOCM GWDBC Debit Card, sign on the Card or first use the Card, you are deemed to have read, accepted and agreed to be bound by the terms and conditions below. 1. Definitions and Interpretation The following definitions apply unless otherwise stated: Account means saving and/or current banking account opened by the Cardholder with the Bank ATM means the Automated Teller Machines Bank or BOCM means Bank of China (Malaysia) Berhad and includes its successors-in-title and assigns Card means the BOCM GWDBC issued by the Bank for the Cardholder s Account(s) of which the Bank allow the Cardholder to link into MasterCard, Union Pay and any other applicable brands logo that enable the Cardholder to perform a Transaction Card Number means number given and printed on the card Cardholder means a customer of the Bank to whom the Card has been issued CASA is the abbreviation for Current Account Saving Account Chip means the microchip, integrated circuit embedded on the Card; it stores the debit card data Debit means a MyDebit, MasterCard, UnionPay or other applicable card brand transaction MasterCard means MasterCard Worldwide; a membership corporation organized under the laws of the State of Delaware United States of America Minor Account means the account holder with age of 12 and before age of 18 in calendar month MyDebit is Malaysia s domestic debit card scheme, which allows point-of-sales payments using ATM cards issued by banks in Malaysia, MyDebit is a service offered by PayNet (Payments Network Malaysia) Payee Corporation means Corporation(s) whose bills can be paid through the Services Phone Banking means electronic banking service through phone PIN means Personal Identification Number issued by the Bank to the Cardholder to access the Services offered through any SST, Phone Banking, POS Terminal or any other applicable electronic equipment/devices Point-Of-Sale (POS) means the place where the retail transaction is completed. It is the point at which a Cardholder makes a payment to the merchant in exchange or goods or services Services means services offered to Cardholders through SST, POS Terminals, Phone Banking and any other applicable electronic banking services that the Bank may offer or introduce from time to time SST means Self-Service Terminals Transaction means a purchase made by the Cardholder either through a Point-Of-Sale (POS) Terminal installed at the payment counter of any corporation(s) that accepts the Card through the combined use of the Card and PIN (when required), withdrawal, payment, fund transfer, balance inquiry and any other electronic banking services as the Bank shall offer or introduce from time to time Transaction Order means instruction given by the Cardholder authorizing the Bank to make payment to one/more Payee Corporation(s) UnionPay means China UnionPay Co. Ltd, a bankcard association established under the approval of the People s Bank of China Valid Thru Date means the expiry date of the card printed on the card surface. Page 1 of 5
2 2. The Card shall at all times remain the property of the Bank and shall be surrendered to the Bank immediately upon request. 3. The Cardholder agrees to sign his/her Card as soon as he/she receives it and before using it, as a means of preventing unauthorised use of the Card. 4. The Card is valid only if it is used within the Valid Thru Date. The Cardholder shall ensure that as soon as the Card expires, it is destroyed, by cutting it diagonally in half and to return it to the Bank for replacement of new Card. 5. The Cardholder shall keep and use the Card himself/herself and shall not transfer, pledge or otherwise use it as security for any credit transaction and shall undertake not to use the Card and PIN for any unlawful purposes. 6. The Card shall not be use after its cancellation, expiration, or withdrawal or upon the Cardholder ceasing to be the Bank s Cardholder. 7. The Services shall be available subject to any instructions or notifications regarding the use of the Service issued by the Bank from time to time. 8. The Cardholder shall observe all security measures prescribed by the Bank relating to his/her Card, Card Number or PIN or the Services provided and at no time and under no circumstances shall the Cardholder reveal his/her PIN to anyone including the Bank s staff. If the PIN is exposed or suspected to be exposed to another person, the Cardholder shall immediately inform the Bank and shall not use his/her Card until the Bank issues another Card and/or Phone Banking Access Number and PIN to him/her. 9. The Cardholder shall make sure there are sufficient funds in his/her Account for a Transaction. 10. The withdrawals through ATM are subject to a maximum limit that determined by the Cardholder in accumulated total per day. The defaulted daily withdrawal limit is MYR10, The transaction daily accumulated purchase limits are subject to a maximum limit that determined by the Cardholder in accumulated total per day. The defaulted daily transaction limit is MYR10, The daily contactless limit is subject to a maximum limit that determined by the Cardholder in accumulated total per day. The defaulted contactless limit is MYR1, per day. 13. The defaulted contactless limit without PIN is MYR per transaction. 14. The cash back limit via MyDebit channel is between RM50.00 to RM per transaction. The defaulted maximum cash back limit is RM2, per day. 15. For Minor Accounts, the withdrawals through ATM are subject to a maximum limit that determined by the Cardholder in accumulated total per day. POS transaction, Internet Banking transaction, Phone Banking transaction are prohibited for Minor Accounts. 16. The Bank reserves the right to amend or vary the limits under Clause 10, 11,12,13 and 14 at any time and written notice of such amendment or variation will be communicated to Cardholders in any form or methods as the Bank may prescribe at least 21 calendar days before such amendment or variation take effect. 17. Cardholder s liability for lost and stolen debit card, disclosure of PIN to any person or unauthorised use of the Card Cardholder agree and undertake to take reasonable care and precaution to prevent the loss or theft of the Card, as follows: - (a). not to leave the Card unattended inside a car and/or at public places; or (b). to ensure that the Card is returned to the Cardholder after completing any transaction at the Payee Corporation. (c). to immediately notify the Bank if the Card and/or PIN is lost or stolen, such as upon receipt of a SMS alert in relation to a transaction confirmation which the Cardholder had not entered into. (d). to immediately notify the Bank, or in the event of loss or theft abroad, any representative office of the Card brand, via telephone of the loss or theft of the Card Cardholder must follow-up his/her notification in Clause 17.1 with a written confirmation and submission of any documents as required by the Bank including but not limited to a copy of the police report filed in relation to the loss or theft of his/her Card and/or PIN within seven (7) calendar days from the date of the loss/theft Cardholder further agree that the Bank shall not be under obligation to verify the identity or the authority of any person giving the telephone instructions purportedly in the Cardholder s name and the Bank shall be entitled to act on such instructions and shall not be liable for acting in good faith on the telephone instructions which are given by such persons regardless of the circumstances prevailing at the time of such instructions. Page 2 of 5
3 18. Any complaint regarding the use of the Card shall be directed to the Card Services Centre; at the communication address provided in the last page of this document. 19. The Cardholder shall accept full responsibility for all Transactions made by the use of the Card and shall accept the Bank s record of transactions as binding and conclusive for all purposes and hereby authorize the Bank to debit the Cardholder s Account whether with or without the Cardholder s knowledge or authority. 20. Service Fees or Charges 20.1 The Bank reserves the right to levy a card fee of MYR8.48 when a new Card is issued to the Cardholders The Bank reserves the right to levy an annual fee of MYR8.48 on the Card and such fee will be charged to the Cardholder s Account The Bank reserves the right to levy a service fee for the issuance of a Card of MYR 8.48 or a service fee of MYR12.00 for the replacement of any Card which is lost, stolen, damaged or if the PIN is exposed or forgotten. The use of the replacement Card is subject to the Terms and Conditions which are in force at the date of replacement. The service fee may be varied from time to time at the absolute discretion of the Bank The Bank shall levy a service charge of MYR4.24 per cash withdrawal through ATM in Malaysia for MasterCard Card and MYR 8.48 per cash withdrawal through ATM in Malaysia for UnionPay Card, MYR12.72 per cash withdrawal through ATM outside Malaysia The Bank reserves the right to levy a service fee of MYR5.00 per statement for every additional request and MYR20.00 per sales draft retrieval request (both subject to availability) The Bank reserves the right, at any time at its sole discretion, change the rate of any fees and/or charges with prior notice to the Cardholder; either through the Cardholder s Statement of Account or any other manner or methods as the Bank may prescribe. 21. Cardholder agrees to pay, and authorise the Bank to debit from the Account, at any time without notifying the Cardholder in advance, all fees and charges, interests, taxes, duties or levies incurred in connection with the issuance and use of the Card, and all legal costs, charges and expenses which the Bank may incur in enforcing or seeking to enforce the Terms and Conditions. 22. Cardholder is liable to pay for any goods and services tax or other taxes or levies which as at the date of the issuance of the Card or at any date subsequent to the date of issuance of the Card, is required by law (including the Goods and Services Tax Act) to be paid to anybody or authority having jurisdiction over the Bank, in respect of any fees and charges charged or incurred by the Bank in relation to the Card. 23. Any goods and services tax or other taxes or levies incurred by the Bank in relation to the use of the Card and any other goods or services provided under the Card shall be borne by and charged to the Cardholder, and in the event that the Bank shall effect payment on behalf the Cardholder, the Cardholder shall be liable to reimburse the Bank for such amounts paid. 24. All transactions arising from the use of the Card that is designated for Joint Accounts shall be binding on all accountholders, who are liable or responsible for the transactions. The mandate of a joint account shall not be revoked unless the Card whose mandate is to revoke is surrendered to the Bank. 25. The balance in the Cardholders account which is shown by the SSTs, POS terminals, Phone Banking or any other means shall not include any Cardholder s deposit which has/have not been verified by the Bank. The unverified deposit shall not be taken into account for cheque(s) issued by Cardholder, payment or fund transfers services offered by the Bank. 26. The balance in the Cardholder s account reported by the SSTs, POS terminals, Phone Banking and any other means shall not meant for any purpose whatsoever be taken as conclusive statement of the Cardholder s account with the Bank. 27. If the Cardholder has access to his/her CASA with the use of the Card, the transaction records or all transactions transacted will be maintained by the Bank. The transactions record will be presented in the Bank s Account Passbook or in the periodic statement. 28. If the Cardholder s account is overdrawn, the Cardholder shall, on demand by the Bank, make good the amount overdrawn plus any interest thereon which shall be calculated based on the Bank s rate, or the Current Account overdraft interest rate. 29. The Bank shall not be held liable for any loss or damage if a wrong account number is keyed in by the Cardholder in the course of utilizing the Services. 30. The Bank will not effect any transaction order or instruction unless there is sufficient balance in the Cardholder s Account on transaction order during transaction and shall not be liable for any loss or damage. The account balance shall exclude uncleared cheque(s) or remittances not received. All the transaction orders will be void if the Cardholder s account is closed or the transaction order is cancelled on or before transaction date. 31. For sole proprietor, partnership and company accounts, the Cardholder shall inform the Bank in writing immediately of any changes in the authorized signatory who are authorized to use the Services. The Cardholder(s) will be held fully responsible for all transactions made prior to the notice received by the Bank. Page 3 of 5
4 32. The Cardholder must notify the Bank of any changes in the personal particulars, including but not limited to, NRIC number, name and address that may occur from time to time and to hold the Bank harmless from any claims, losses, damages, costs and expenses arising from any inaccurate or incomplete details by Cardholders which are beyond the control of the Bank. 33. All inter countries transactions shall be subject to the law existing in the country where the transaction originated. For all such transactions, the exchange rate, where applicable, shall be the prevailing spot exchange rates on the date of transaction. 34. Transactions via Debit shall be deemed to be cash withdrawal transactions and the Cardholder hereby authorized the Bank to debit his/her account for the total amount of the bills incurred by the use of the Card. 35. The Cardholder shall notify the Bank in advance of his/her intentions to use the Card for overseas transactions by either visit BOCM branches or contact BOCM Customer Service Centre. 36. The Cardholder may use the Card to perform transaction(s) outside Malaysia where the merchant or ATM acquire the MasterCard brand or other debit card brands issued by BOCM. 37. Conversion for overseas transaction If a Transaction is made in Currency other than the Card s Billing Currency, (MYR Account s Billing Currency is Malaysian Ringgit and CNY Account s Billing Currency is Chinese Yuan respectively), the Transaction will be converted into the Card s Billing Currency (MYR & CNY respectively) at such exchange rate and at such time as may be determined by the Card Brand Organization (MasterCard International, Union Pay International and etc.) or BOCM at its absolute discretion plus a currency conversion factor at the following rates or such other rates as determined by the Card Brand Organization:- Card Brand Organisation MasterCard International Union Pay International Currency Conversion Factor 2.00% of the converted amount 1.00% of the converted amount 38. If Cardholder linked the UnionPay Card with a CNY account:- (a) all transactions in Chinese Yuan (CNY) currency will be settled in CNY and no exchange rate will be determined, in the event that the Cardholder has sufficient balances; and (b) if Cardholder s CNY account has insufficient balances, all transactions in CNY will then be converted into Malaysian Ringgit (MYR) at such exchange rate and at such times as may be determined by the Card Brand Organization (UnionPay International) or BOCM at its absolute discretion. 39. For Internet Banking transaction, One-Time Password (OTP) provides another layer of online protection which is sent by the Bank via Short Message Services (SMS). 40. The Bank shall be granted consent from the Cardholder to treat the Bank s record of any/all transactions effected by use of the Card through all channels and other modes that may be introduced/implemented from time to time as evidence of transaction properly effected by the Cardholder to be debited to the account of the Cardholder. 41. The Cardholder agrees that the record of BOCM of any transaction effected by the use of Card shall be conclusive and binding on the Cardholder for all purpose. 42. The Cardholder shall be liable for all charges and advances whatsoever arising from all transactions, whether authorized or unauthorized, effected with Card. 43. The Bank shall not be held liable for any act or omission by any merchant outlets howsoever caused, including but not limited to, any refusal to accept the Card, or any statement or other communication made in connection therewith, or any defect or deficiency in goods or services. It is the Cardholder s obligation to liaise directly with the merchant outlet on any claim or dispute and shall not raise dispute on any payment(s) made by the Bank from the Cardholder s account on such claims or dispute with the merchant outlet. 44. Rights to Set Off 44.1 The Cardholder agrees that the Bank is entitled to combine, consolidate and to set-off or transfer any amount from any account maintained with the Bank regardless of their maturity (if any) and whether such accounts was / were held by the Cardholder singly or jointly with another person in settlement of any outstanding amount due to the Bank by the Cardholder in connection with the Card by notifying the Cardholder at least 7 calendar days in advance on the Bank s intention to do so. The Bank may concurrently earmark the available funds in the Cardholder s deposit accounts against the outstanding balance upon the issuance of the notice to the Cardholder Where any set-off or consolidation undertaken by the Bank involves the conversion of one currency to another, the Bank shall be entitled without notice to make the necessary conversion at the Bank s prevailing currency exchange rate. Any loss that may arise from such conversion shall not be recoverable from the Bank. 45. The Bank reserves the right to cancel or terminate the Card and/or services at the absolute discretion of the Bank. 46. In the circumstances that the card scheme rules allow the Cardholder to request BOCM to initiate the dispute (when the dispute/chargeback right is available) subject to the complaint or dispute was made to the Bank by the Cardholder in writing within twenty (20) calendar days from the transaction posting date in the Cardholder s account statement and the Page 4 of 5
5 Cardholder has provided the necessary information requested by the Bank to support the Dispute within the requested timeframe. 47. Notwithstanding and without prejudice to the generality of the clauses in these Terms and Conditions, the Cardholder shall expressly agree that the use of the Card is at his/her own risk and shall assume all risk incidental to or arising out of the use of the Card. 48. The terms and conditions governing the Account(s) of the Cardholder with the Bank which are consistent with these Terms and Conditions shall continue to apply. 49. The Terms and Conditions herein are not exhaustive and the Bank reserves the right to add, delete, vary or amend the Terms and Conditions at any time and from time to time at its sole and absolute discretion by giving at least 21 calendar days notice to the Cardholders before such amendment or variation take effect. The Cardholder hereby agrees that any such additions, deletions, variations or amendments to the Terms and Conditions shall be binding on the Cardholder and be deemed to have come to the Cardholder s attention by them being displayed at the Bank and any of its branches or posted to the Cardholder at his/her last known address or advertised by any other mode which the Bank may deem fit. Any new service that may be introduced by the Bank from time to time if advertised by the Bank through the newspaper or the Bank s promotional items placed at the Bank s counter shall be deemed to have been effectively and sufficiently communicated to the Cardholder. 50. The UnionPay Card is a Dual Currency Debit Card and the Cardholder is required to link it to one main Malaysian Ringgit (MYR) Savings/ Current Account, and may link it to a Chinese Yuan (CNY) Current Account. 51. When using the UnionPay Card in Malaysia, the choice of payment routing network will be determined by merchants. 52. The UnionPay Card has contactless functionality in Malaysia only. The Cardholder may tap the UnionPay Card with a contactless interface to the terminal reader in Malaysia when prompted. No PIN or signature is required for contactless transaction up to RM in Malaysia. The Cardholder is not able to perform contactless transaction outside of Malaysia. 53. All notices to the Cardholder sent by ordinary post to or left at the address(s) of the Cardholder given to the Bank or at the Cardholder s last known address shall be deemed to have been delivered in the ordinary course of post or on the day were so left. 54. The Card is Chip and PIN enabled, when the Card transacts at the Chip and PIN merchant Cardholders are required to key in their PIN using the merchant s PIN Pad to accomplish the transactions and the PIN will be authenticated by the BOCM authorization system. 55. "PRE-AUTHORISATION DEBIT" for petrol transactions is a procedure where the systems will automatically pre-book an amount based on the industry norms and subject to variation from time to time. The pre-booked amount will automatically be released after three (03) calendar days from the transaction date. The actual purchase value will be claimed by the Bank and debited from Cardholder s Account. 56. The Cardholder hereby authorises BOCM to disclose to any merchant, and/or its officers and/or any interested party any information concerning the Cardholder and his/her Account and the Cardholder s other accounts with BOCM in such manner and to such extent as BOCM shall consider necessary for any purpose or to facilitate the use of the Card, the processing of any transaction effected or to be effected through the use of the Card or for the purpose of recovering any monies due and payable from the Cardholder to BOCM under this Terms and Conditions. 57. In addition, the Cardholder hereby authorises BOCM to disclose any information concerning the Cardholder to any of BOCM s existing or future business partners for the purpose of providing information about products or services or such privileges benefits to the Cardholders or for any other purposes. BOCM may use any information concerning the Cardholder to develop contact list which may be used by any of BOCM s existing or future business partners to offer products or services or such privileges and benefit to the Cardholder or for marketing and promotional materials which the Cardholder may receive through mail or other means of communication. If at any time the Cardholder wishes to opt-out from the sharing of their personal data for marketing and promotional purposes, the Cardholder is required to contact us to register his/her instruction to opt-out of the said sharing at the address or the telephone number as stated below. Card Services Centre Bank of China (Malaysia) Berhad Ground, Mezzanine & 1 st Floor, Plaza OSK 25 Jalan Ampang Kuala Lumpur Malaysia. service.my@bankofchina.com Tel : For lost or stolen card, please visit our nearest branch or contact BOCM Customer Service Centre at Page 5 of 5
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