Citibank Citibank Personal Credit Terms and Conditions
Please note Page 1 of Your Account Terms and Conditions is the letter etter You received confirming Your financial table and Account details. detai s
Contents Page 1. Definitions 4 2. Opening of Account and Issue of Cheque, Card and Security Code 7 3. Credit Limit and Available Credit 8 4. Additional Cardholders or Signatories and Replacement Cards 8 5. Use of Account, Card or Identifier 9 6. Property of Card and Cheque 9 7. Securing the Card, Identifier and Security Code 10 8. Lost or Stolen Cheque, Card or Security Code and Unauthorised Transactions 11 9. Liability for Unauthorised EFT Transactions 12 10. Statement of Account 13 11. Electronic Statements 13 12. Paying the Account 14 13. Account in Credit 15 14. Application of Payments 15 15. Fees, Charges and Expenses 15 16. Interest Charges 16 17. Special Promotions 16 18. Default and Cancellation of Credit Facility 17 19. Closing Your Account 18 20. Variation 19 21. Error/Dispute Resolution 19 22. Responsibility for Recurring Instructions and Goods and Services Supplied 20 23. Limits on Cash 21 24. Limits on Use of Electronic Equipment 21 25. Malfunction of Electronic Equipment or Electronic Systems 21 26. Currency Conversions 21 27. Refunds 22 28. Refusal to Allow Use of Card 22 29. Transaction Record 22 30. Password 22 31. Certificate 22 32. Notices 23 33. Change of Personal Details 23 34. Applicable Law 23 35. No liability 24 36. Privacy at Citigroup Australia 24 37. Codes of Conduct 26 38. Assignment 26 39. Severability 26 40. No Mortgage 26 41. Commission 26 42. Information on Request 27 THINGS YOU SHOULD KNOW ABOUT YOUR PROPOSED CREDIT CONTRACT 27 2
Thank you for choosing a Citibank Personal Credit Account. It is important that You and any Additional Cardholder or Signatory read and understand these Terms and Conditions. This document contains important information about the proper management of Your credit facility and details the respective rights and obligations of You and Citibank. Please retain this booklet for future reference. Accepting the Citibank Offer The first use of the credit facility by You or an Additional Cardholder or Signatory will constitute agreement to the Terms and Conditions. If You are issued a Card for use on this Account, You must sign the signature panel on the reverse of the Card with a ballpoint pen immediately upon receiving it. If you do not agree with these conditions: do not sign Your Card or transact on the Account; do not allow an Additional Cardholder or Signatory to sign a Card or transact on the Account; cut Your Card diagonally in half and return it to Citibank immediately; destroy Your PIN do not return Your PIN advice to Citibank; and advise Us immediately by calling CitiPhone Banking using the number on the back of this booklet. Activating Your Card To activate Your Card please call CitiPhone Banking using the telephone number listed on the back page of this booklet and follow the voice prompts. Securing Your Card As a security precaution, Your Security Code in the form of Your personal identification number (PIN) will be mailed to You separately. The security of the Card and any Security Code is very important. The Card and Security Code must not be used by any person other than the Cardholder. What to do if Your Card, Security Code or Cheques are Lost or Stolen If it is suspected that a Card or Cheque has become lost or stolen or that an Unauthorised Transaction has been effected on Your credit facility, please contact CitiPhone Banking immediately. Please note that subject to clause 9 You may be liable for Unauthorised Transactions resulting from poor Card or code security or where Citibank has not been notified immediately of a Card or Security Code becoming lost or stolen. 3
About Your Statement You will be issued with a monthly statement of Your Account. Please ensure that the Total Minimum Payment Due is paid by the Payment Due Date as non-payment may result in cancellation or suspension of the credit facility. It is You as the Primary Cardholder who is responsible for all payments required on the Account. Financial Transaction Reports Act The Financial Transaction Reports Act requires certain Cardholders to provide evidence of their identity. Where Citibank s records indicate that We have not received this information, Citibank is required by law to restrict access to Your credit facility, in some circumstances without notice. Where You do not already comply, full details of this Federal Government requirement will be provided to You. If You are concerned that Your credit facility may be affected prior to this time, please contact CitiPhone Banking immediately. Terms and Conditions This document is one of several documents forming the precontractual statement. The pre-contractual statement constitutes Your contract with Citibank. This document together with any other document that Citibank may issue from time to time stating that it makes up part of the Terms and Conditions of the Account are the documents which Citibank must provide to You where Your Account is subject to the Consumer Credit Code. In these Terms and Conditions reference to the singular includes the plural and the plural includes the singular. 1. Definitions Account means Your Citibank Personal Credit credit facility. Additional Card means a Card issued in accordance with clause 4. Additional Cardholder or Signatory means the person who is nominated by You to effect Transactions separately on Your Account. Amount Due means the minimum monthly payment required on Your Account as shown on Your Statement, that must be paid by the Payment Due Date. Annual Percentage Rate (APR) means the percentage rate or rates per annum used to calculate interest charges as notified to You from time to time. ATM means Automatic Teller Machine. Available Credit means the difference between the Credit Limit and the sum of the outstanding balance and any Transactions not yet debited to Your Account. 4
Card means any Citicard or other access card including a VISA or MasterCard authorised by Citibank for use on Your Account and includes a Card issued to an Additional Cardholder. Cardholder means You and any Additional Cardholder or Signatory. Cash Advance means a Transaction where cash or its equivalent is obtained, as determined by Citibank at its discretion, including but not limited to Transactions such as a telegraphic transfer or other credit transfer, certain bill payments and the purchase of travellers cheques or gambling tokens. Chargeback means the relevant operating rules for transferring the Transaction Amount of a disputed Card Transaction from the Merchant s financial institution to Your Account. Cheque means any cheque issued by Citibank to You or on Your behalf, or any cheque facility attached to Your Account (excludes travellers cheques and convenience cheques). Citibank means Citigroup Pty Limited (ABN 88 004 325 080), its successors and assigns. Citishare Network means all ATM networks and institutions participating in such networks that have contracted with Citishare Corporation to permit Cardholders to utilise their Cards at the ATMs of the participating institutions. This term does not include any institutions at which Cardholders may utilise their Card by virtue of networking arrangements made by the VISA and MasterCard organisations. Citishare Network Member means all institutions and corporations nominated by Citibank to participate in, and the processors of information or data in relation to, the Citishare Network. Closing Balance means the total amount outstanding on Your Account at the end of the Statement Period. Credit Limit means the amount agreed from time to time as being the maximum amount of credit which Citibank will extend on Your Account. Credit Purchase means a Transaction other than a Cash Advance or a Special Promotion, as determined by Citibank at its discretion. Daily Transaction Limit means the daily limits referred to in clause 23 and 24. Daily Percentage Rate means the applicable Annual Percentage Rate divided by 365. Device means a physical device used with Electronic Equipment to access Your Account, for example a Card, token or biometric reader. Easi-Pay means the automatic payment plan offered by Citibank for use in connection with Your Account. EFT Transaction means a Transaction to which the Electronic Funds Transfer Code of Conduct applies. 5
EFTPOS means Electronic Funds Transfer Point of Sale. Electronic Equipment includes, but is not limited to, any electronic terminal (such as ATM and EFTPOS terminal), computer, television, and telephone, which are approved by Citibank and through which Transactions may be effected. Identifier means information including an account number, Card number and Card expiry date: the content of which is known to a Cardholder but not only to a Cardholder; and which the Cardholder is not required to keep secret. Merchant means any entity (including any approved deposit taking institution) with whom a Transaction may be effected. Network means the organisations, institutions and schemes through which You may perform Transactions on Your Account including the Citishare Network. Our/Us/We refers to Citigroup Pty Limited ABN 88 004 325 080, its successors and assigns. Password means a general Security Code. Paylite means the agreed payment plan for a nominated transaction in Your Citibank Account. Payment Due Date means the date specified in Your Statement for payment of the Total Minimum Payment Due. PIN means the Security Code in the form of the personal identification number allocated to a Card by Citibank or as changed by You. Primary Cardholder means You. Recurring Instruction means an instruction provided by a Cardholder to a Merchant that is of a continuing or recurring nature and allows for goods or services to be provided by the Merchant in the future (e.g. a magazine subscription) or for the payment for goods or services by installments. Security Code means information including ATM PIN, Online PIN, TPIN and Password: the content of which is known only to a Cardholder and Citibank; and which Citibank requires the Cardholder to keep secret. Special Promotion means any Transaction or promotional offer identified by Citibank as a Special Promotion, including but not limited to balance transfers, Paylite and convenience cheques. Statement means Your statement of Account. Statement Period means the period to which a Statement applies. TPIN means the Security Code in the form of a telephone PIN that may be required to access Your Account by telephone. 6
Terms and Conditions means the terms and conditions set out in this document and any other document issued by Citibank which states that it forms part of the Terms and Conditions of Your Account. Third Party means any person or company other than You, Citibank or a related body corporate of Citibank. Total Minimum Payment Due means the amount, advised to You on Your Statement, required for payment by the Payment Due Date and includes any overdue amounts. Transaction means any transaction authorised by a Cardholder which is made by the use of a Card, an Identifier, the Card or Identifier and Security Code, by signature or by any other means authorised by Citibank from time to time. A Transaction may include, but is not limited to, a Credit Purchase, a Cash Advance or a Special Promotion. Transaction Amount means the dollar amount posted to Your Account due to the effecting of a Transaction. Transaction Date means the date on which a Transaction is effected. Unauthorised EFT Transaction means an EFT Transaction that is made without the Cardholder s knowledge, consent or authorisation. Unauthorised Transaction means a Transaction that is made without the Cardholder s knowledge, consent or authorization and includes as applicable an Unauthorised EFT Transaction. Warning Bulletin means the notice circulated to Merchants advising them of lost, stolen, cancelled or suspended Cards. You/Your means the person in whose name the Account is held. 2. Opening of Account and Issue of Cheque, Card and Security Code (a) These Terms and Conditions form part of the contract offered to You by Citibank to provide You with a credit facility. (b) Citibank may issue You (and any Additional Cardholder or Signatory that You have nominated) with a Card, and a separate Security Code for use on the Account. (c) Where Your Account has a cheque facility available Citibank may issue You with a chequebook for use on the Account. (d) Acceptance of the Citibank offer occurs on the first use (which includes a Transaction, Card activation or a payment to the Account) of the credit facility by You or an Additional Cardholder or Signatory and will constitute agreement to the Terms and Conditions. By accepting the Citibank offer You agree: (i) that the intended use of credit obtained under this contract is for personal, domestic or household purposes and consent to and authorise Citibank and 7
any of its authorised service providers to collect, store, communicate, process, release and transmit all information and data in any form necessary to enable processing, management and reconciliation of Your account; (ii) You will be held liable for repayment of all amounts debited to Your Account. All such amounts are a debt due to Citibank by You. 3. Credit Limit and Available Credit (a) The Credit Limit shown in the financial table on the letter You received confirming Your Account details, is the maximum amount of credit to be extended under this credit facility and should under no circumstances be exceeded. Your Credit Limit may be reviewed at a future date at Citibank s discretion. (b) Any excess above Your Credit Limit shall be immediately repayable by You without the necessity for Citibank to demand repayment. (c) By processing a Transaction which causes You to exceed the Credit Limit, Citibank is not increasing Your Credit Limit. (d) Your Account must not be used where the Transaction Amount exceeds the amount of the Available Credit (as at the date of presentation or representation of a Cheque or the date of a proposed Transaction). If You do this Citibank may without notice to You: (i) countermand or stop payment of that Transaction and reverse all entries in respect of that Transaction; or (ii) otherwise refuse to process the Transaction. 4. Additional Cardholders or Signatories and Replacement Cards (a) You may at any time apply for an Additional Card to be used in the operation of this credit facility. (b) Citibank may at its discretion allow an additional person nominated by You to operate separately on Your Account. We may (at Our discretion) seek confirmation from You before processing certain Additional Cardholder requests. (c) Citibank at its discretion may issue the nominated person an Additional Card to operate on the Account and a separate Security Code for use on the Account. Where a cheque facility is available, Citibank may also issue a chequebook to the Additional Cardholder or Signatory. (d) An Additional Card including a reissued, renewed or replacement card is subject to the Terms and Conditions and the existing Credit Limit on Your Account. (e) You are responsible for all amounts arising from, or losses incurred by Citibank in connection with Transactions being effected on Your Account by an Additional Cardholder or Signatory (including any use in breach of the Terms and Conditions). 8
5. Use of Account, Card or Identifier (a) The use of the Account, Card and Cheques within and outside of Australia is subject to the laws and sanctions of Australia, the USA, and any other jurisdiction relevant to any transaction (as determined by Citibank). (b) The Card or Identifier or Cheques may be used to effect Transactions with participating Merchants in Australia and outside Australia. In accordance with clause 28 Citibank will not be held liable for non-acceptance of any Card or any Cheque by any Merchant. (c) A Card or Identifier must not be used: (i) by any person other than the Cardholder whose name and signature appears on the Account; (ii) during or after the Account or Card s expiry, suspension or cancellation; (iii) by the Cardholder to effect Transactions with a Merchant (other than a publicly listed company) in which the Cardholder has an ownership interest (which is determinable at Citibank s discretion); (iv) for the purpose of conducting business transactions or unlawful activities (which is determinable at Citibank s absolute discretion). (d) Where Your Account has a cheque facility You may be entitled to make drawings from Your Account by: (i) use of the cheque forms provided by Citibank; (ii) requesting Citibank to draw a cheque or otherwise advance funds in an agreed manner to any Third Party nominated by You. 6. Property of Card and Cheque (a) The Card and Cheque shall remain the property of Citibank and may not be in any way defaced or altered. (b) The Card shall promptly be cut diagonally in half and returned to Citibank by the Cardholder in the following circumstances: (i) upon cancellation of the Account, the Card or the right to use the Card; or (ii) where a Card has been previously reported lost or stolen, upon it subsequently being found. In these circumstances Citibank or an agent of Citibank may call on a Cardholder to obtain possession of a Card. (c) You must ensure that any Additional Cardholder or Signatory complies with this clause and You acknowledge that until the Card is returned to Citibank, You shall (subject to clause 9) remain liable for all Transactions until the Card is returned. (d) Where Your Account has a cheque facility: (i) in accordance with clause 8(d) You must inform Citibank immediately if a chequebook has been lost 9
or stolen or You suspect there has been unauthorised use; (ii) where a chequebook has been previously reported lost or stolen, upon it subsequently being found You must destroy the chequebook and return it to Citibank. 7. Securing the Card, Identifier and Security Code (a) Use of an approved Security Code may entitle You to obtain such financial details in relation to Your Account and effect such Transactions as determined by Citibank. (b) The Security Code may be chosen by You within such parameters that are determined by Citibank. (c) The security of the Card and Security Code is very important. If any Cardholder fails to observe these security requirements You may incur increased liability for any unauthorised use (see clause 9) The Cardholder must: (i) sign the signature panel on the reverse side of the Card with a ballpoint pen immediately upon receiving it; (ii) not tell anyone (including family or friends) their Security Code; (iii) not let anyone else use their Card, Security Code, or Identifier; (iv) use care to prevent anyone else seeing their Security Code being entered into Electronic Equipment or overhearing their Security Code; (v) take reasonable steps to protect their Card or Security Code from loss or theft; and (vi) immediately destroy any expired Card by cutting it diagonally in half. (d) It is recommended that each Cardholder memorise their Security Code and then destroy any record of it. The Cardholder must not: (i) choose a Security Code which is clearly related to them (such as birth date, post code, phone number or car registration number) or which represents a recognisable part of their name; (ii) choose a Security Code which has an easily retrieved combination (such as repeated or consecutive numbers or letters e.g. 1111, 1234, BBBB or BCDE); (iii) write or in anyway indicate their Security Code on their Card even if disguised; or (iv) keep a record of their Security Code (without making a reasonable attempt to disguise the Security Code) on any item normally carried with or stored with their Card or Identifier, or liable to loss or theft at the same time with the Card or Identifier. 10
(e) The following are examples of what is NOT a reasonable attempt to disguise a Security Code: record the Security Code as a telephone number where no other numbers are recorded; record the Security Code amongst other numbers or letters with any of them marked to indicate the Security Code; record the Security Code in reverse order; record the Security Code as a telephone number or name with the Security Code in its correct sequence; record the Security Code disguised as a date or an amount; record the Security Code in an easily understood form. (f) Cardholders should not carry their Security Code with their Card or Identifier or record it elsewhere even if they have disguised it. (g) Where the Electronic Funds Transfer Code of Conduct applies: (i) the above guidelines may differ from the circumstances in which You are liable for losses resulting from Unauthorised EFT Transactions under the Electronic Funds Transfer Code of Conduct; (ii) Your liability for such losses will be determined under the Electronic Funds Transfer Code of Conduct. 8. Lost or Stolen Cheque, Card or Security Code and Unauthorised Transactions (a) You or the Additional Cardholder or Signatory must notify Us immediately, where you suspect that: (i) a Card is lost or stolen; (ii) a Security Code is lost, stolen, disclosed or known to someone else; or (iii) Your Card (or any expired Card) or Identifier or Security Code has been used to effect an Unauthorised Transaction or has otherwise been misused. Notification should be made by calling CitiPhone Banking. If you are calling from outside Australia you may use the international operator to call the number on the back of this booklet and We will accept the charges. (b) Upon receipt of notification Citibank may cancel the Card and/or Security Code, and may cancel the Identifier. Citibank may provide the caller with a notification number. A cancelled Card and/or Security Code or Identifier must not be used again (even if it is subsequently found). (c) In the event that Citibank s notification facilities (including telephone facilities) are not available for any reason You must attempt to contact Us several times. If notification still cannot be made, any losses occurring during this 11
period that were due to non-notification shall be deemed to be the liability of Citibank, providing notification is made within a reasonable time of the facility again becoming available. (d) Where Your Account has a cheque facility: (i) A Cardholder must inform Citibank immediately if a chequebook has been lost or stolen or they suspect there has been unauthorised use; (ii) A Cardholder may stop a cheque by calling CitiPhone Banking; (iii) where any cheque drawn on Your Account is improperly completed, materially altered or postdated at presentation, Citibank may at its discretion countermand or stop payment of the cheque and reverse all entries in respect of that cheque. 9. Liability for Unauthorised EFT Transactions (a) Subject to paragraphs (b), (c) and (d) of this clause, You will not be liable for Unauthorised EFT Transactions: (i) arising from EFT Transactions that are caused by the fraudulent or negligent conduct of employees of Citibank or companies involved in networking arrangements or of Merchants who are linked to Electronic Equipment or of their agents or employees; (ii) relating to Cards, Identifiers or Security Codes that are forged, faulty, expired or cancelled or sales vouchers which have been forged; (iii) arising from EFT Transactions which require the use of a Card and/or Security Code and occurring before a Cardholder has received their Card or Security Code; (iv) resulting from Unauthorised EFT Transactions occurring after notification to Citibank that an event referred to in clause 8(a) has occurred; (v) which have resulted from Unauthorised EFT Transactions where it is clear that neither You or the Additional Cardholder or Signatory have contributed to those losses; or (vi) losses that are caused by the same EFT Transaction being incorrectly debited more than once to Your Account. (b) Where it is unclear whether or not You or the Additional Cardholder or Signatory have contributed to losses which have resulted from Unauthorised Transactions, Your liability is not to exceed the lesser of: (i) A$150.00 (or such lower figure as may be determined by Citibank); (ii) the Available Credit at the time of the Unauthorised Transaction; or (iii) the actual loss at the time Citibank is notified that an event referred to in clause 8(a) has occurred. 12
(c) Where You or the Additional Cardholder or Signatory have contributed to losses which have resulted from Unauthorised EFT Transactions by (including but not limited to): (i) voluntarily disclosing the Security Code; (ii) indicating the Security Code on the Card; or (iii) keeping a record of the Security Code (without making any reasonable attempt to disguise the Security Code) with any article carried with the Card or Identifier or liable to loss or theft at the same time with the Card or Identifier; then You are liable for all losses that occur before Citibank is notified that an event referred to in clause 8(a) has occurred, except for that part of any losses incurred which: on any one day exceed the Daily Transaction Limit; or exceed the Available Credit at the time of the Unauthorised EFT Transaction. (d) Where You or an Additional Cardholder or Signatory have contributed to losses which have resulted from Unauthorised Transactions by unreasonably delaying notification of the occurrence of an event referred to in clause 8(a), You are liable for all losses which occur between when You or the Additional Cardholder or Signatory first became aware of (or should reasonably have become aware of in the case of a lost or stolen Card or Security Code) an event occurring and when Citibank was actually notified, except for that part of any losses incurred which: (i) on any one day exceed the Daily Transaction Limit; or (ii) exceed the Available Credit at the time of the Unauthorised Transaction. 10. Statement of Account (a) Citibank will send You a Statement each month unless not required by the applicable laws. In all cases We will send You a statement at least every 6 months, and You may request more frequent statements. (b) Statements will be expressed in Australian currency. (c) You should check all entries on the Statement upon its receipt. Any apparent error or possible unauthorised use of Your Account must be immediately reported to Citibank otherwise, subject to clause 9, You may be liable for the error or any Unauthorised Transactions. 11. Electronic Statements (a) Citibank may offer to provide You with Statements, notices and other information relating to Your Account either: (i) by email; and/or 13
(ii) by making the Statement, notice or information available at Our website, provided: Citibank alerts You by email to the availability of this information; and Citibank provides You with the ability to readily retrieve and retain this information. This offer will be either on the application form, by a separate notice to You or by any other means acceptable to Citibank. (b) If You agree to receive Statements and other notices and information relating to Your Account by email or other electronic form, You will not receive a paper copy of Statements, notices or information relating to Your Account, unless You specifically request it. (c) You may cancel Your authorisation to receive Statements, notices or other information relating to Your Account by email at any time, or by contacting CitiPhone Banking. (d) Citibank will send all notification of Statements and other notices and information to the most recent email address that You have supplied to Us. You must ensure that You notify Us of any change in Your email address as soon as possible. You may do this by email on Our secure website or by contacting Citiphone Banking. (e) You may request a paper copy of any Statement, notice or other information relating to Your Account provided to You by email or other electronic form within 6 months from the date of receipt of a statement or of the electronic communication. Citibank may charge You a fee. 12. Paying the Account (a) On or before the Payment Due Date specified in Your Statement, You must pay Citibank at least the Amount Due as shown on Your Statement. (b) Any overdue or overlimit amounts may be payable at Citibank s request. (c) Unless We advise You to the contrary, (i) You may only make payments in the manner set out on the reverse side of Your Statement. All payments must be made in Australian currency and paid to Citibank in Australia. Any payments made in currency other than Australian currency will be sent to the country of origin for clearance and can take longer to clear until which, these funds will not be credited to Your Account; (ii) a payment will not be treated as received until it is credited to Your Account which will be as soon as practicable after receipt. Payments received by Citibank after 3.00 p.m. (EST) Monday to Friday or on weekends or public holidays may be deemed to be received on the next business day. The proceeds of which will not be available until the funds are cleared; 14
(iii) where a payment is made and it is not accompanied with any means of reasonably identifying that it relates to Your Account, then the payment will be deemed to be applied to Your Account only from the date You supply evidence to Citibank s satisfaction that the payment should be applied to Your Account. Where You have more than one Account with Citibank and payment is not accompanied with any means of reasonably identifying to which Account it relates, Citibank may (at its discretion) apply the payment to the Account(s) of its choice. (d) Any payment received by Citibank which is less than the full amount outstanding on Your Account and which is expressed to be made in full and final settlement (or words to this effect) will only be treated as such where a senior officer of Citibank has previously and expressly agreed to this in writing. This shall apply irrespective of whether the payment has been banked by Citibank. (e) Citibank is not liable for any delays in the processing of payments. (f) If You are having difficulty making required payments (financial or otherwise), contact CitiPhone Banking and speak to Our collections department to discuss payments to Your Account. 13. Account in Credit If the balance of Your Account has been in credit for 45 days or more, Citibank may at its discretion close Your Account by giving You notice that is reasonable in all the relevant circumstances, and subject to clause 18(f): (a) issue You a Cheque for the amount of the credit balance (excluding uncleared funds) less any accrued interest, fees and charges and Transaction Amount up to the closing date (Net Credit Amount); or (b) transfer the Net Credit Amount into a basic deposit account with Citibank that We open in Your name. 14. Application of Payments Payments and refunds will be applied to amounts including but not limited to fees, charges and expenses, interest, Cash Advances, Credit Purchases and Special Promotions in any order as determined by Citibank considering the specific Transactions and credit plans then outstanding on Your Account. You may contact CitiPhone Banking for more information. 15. Fees, Charges and Expenses Subject to applicable laws, Citibank shall charge to You and debit Your Account with the following: (a) all Government taxes (including any Goods and Services Tax), duties and charges relating to Your Account and its operation both now and in the future (including those 15
imposed on the use of the Card or on Transactions) whether or not You are principally liable; (b) the amount, or the Australian dollar equivalent (as determined by Citibank) of any fee charged to Us by any Network or other Third Party in or outside Australia for the provision or facilitation of services to Your Account; (c) any expenses reasonably incurred by Citibank in enforcing these Terms and Conditions against You. These enforcement expenses will become payable in the event of a breach of the Terms and Conditions; and (d) any fees and charges shown in the Terms and Conditions and such other fees and charges as Citibank may determine and advise You from time to time. 16. Interest Charges (a) An interest charge is payable by You on the credit provided under Your Account. The interest charge will be debited to Your Account at the end of each Statement Period and shall be the sum of the daily interest charges for each day of that Statement Period. The daily interest charge calculation is the sum of each category of daily unpaid balance of Your Account, separately multiplied by its applicable Daily Percentage Rate. Interest charges will become part of the daily unpaid balance on the day they are debited to Your Account. (b) Fees, charges and expenses debited to Your Account in accordance with clause 15 will become part of Your daily unpaid balance, for the purpose of calculating interest charges on the day they are debited to Your Account. (c) Transaction Amounts debited to Your Account will become part of the applicable daily unpaid balance from the Transaction Dates. (d) No interest free period applies to Your Account. 17. Special Promotions (a) Citibank may provide a Special Promotion on such terms and conditions as Citibank determines, including: (i) the Transactions which are eligible for the Special Promotion; and (ii) the period of time the Special Promotion will apply. Each Special Promotion will be subject to those Terms and Conditions as well as these Terms and Conditions. (b) Citibank will only treat a Transaction that is eligible for a Special Promotion as subject to a Special Promotion if, at the time You make the Transaction, You nominate, and Citibank agrees, that Transaction to be eligible. (c) Citibank may change any applicable Special Promotion independently of these Terms and Conditions. 16
18. Default and Cancellation of Credit Facility (a) Citibank may cancel Your Account or any Card or Cheque, request a Card or Cheque to be returned, retain a Card presented to Us or otherwise restrict access to Your Account at any time without notice. (b) Despite anything contained in the Terms and Conditions, the Account will be in default: (i) if You or any Additional Cardholder or Signatory is in breach of any of the Terms and Conditions; (ii) if You or any Additional Cardholder or Signatory fail to provide Citibank with the signatory information required under the Financial Transaction Reports Act 1988 prior to the occurrence of the infringement day as defined in Section 18(1) of that Act; (iii) if Citibank reasonably believes that: it was induced by fraud or misrepresentation to grant this credit facility or issue a Card or Cheque; there has been fraud or misrepresentation with respect to the operation of Your Account; or the continued use of a Card or Cheque or Your Account may cause a loss either to Citibank, you or an Additional Cardholder or Signatory or may cause Citibank to breach any applicable law; or (iv) if You are in default under the terms and conditions of another Citigroup facility. (c) Where Your Account is in default, then subject to applicable laws, Citibank may without prior notice take any of the following actions: (i) cancel or suspend Your Account, or the right to use any Card or Identifier or Cheque, refuse any request to reissue, renew or replace any Card or Cheque or refuse authorisation of any Transaction; (ii) give notice of any such cancellation, suspension or refusal to any Merchant, (including giving notice on any Warning Bulletin) credit bureau or to any other person; and/or (iii) require You to pay immediately to Citibank the whole or any part of the outstanding balance of Your Account. (d) Where Your Account is cancelled other than as a result of Your Account being in default, You must pay to Citibank the outstanding balance of Your Account either: (i) immediately; or (ii) in accordance with clause 12, with interest charges (and any other fees, charges and expenses payable) continuing to accrue until the outstanding balance is paid in full or such other time as determined by Citibank. 17
(e) Cancellation or suspension of Your Account or a Card shall not affect any obligations incurred by You prior or subsequent to the cancellation or suspension of Your Account or a Card. Any interest charges payable under the Terms and Conditions will continue to accrue until payment of all amounts due. (f) If Your Account is closed, Citibank will not be required to pay You any Net Credit Amount (as defined in clause 13) that is less than or equal to $10 (as Our reasonable estimate of the costs of the closure). (g) In addition to any other rights Citibank may have, You agree that Citibank may, at its absolute discretion and without notice, refuse to repay any indebtedness Citibank has to You if You have any outstanding liabilities of any kind to Citibank or a related body corporate. If We do so, then Citibank may alter, to the extent necessary, the terms of Citibank s indebtedness to You. (h) Citibank may, at any time and without notice, consolidate any or all of Your Account balances (with the exception of a Mortgage facility), with Citibank or any related body corporate, and/or set these off against any of Your outstanding liabilities to Citibank. Citibank may exercise this right after Your death or legal incapacity. 19. Closing Your Account (a) You may close Your Account or cancel any Card at any time by notifying Citibank in writing or by calling CitiPhone Banking. (b) If You cancel Your Account, Your credit facility contract with Citibank will terminate when the last of the following occurs: (i) You pay the outstanding balance of Your Account under clause 18(d) (after the last Transaction authorised by You or any Additional Cardholder or Signatory is debited to Your Account including all interest, fees and charges); (ii) You cancel all direct debits and recurring instructions with Merchants operating on Your Account; (iii) You destroy Your Card and all Additional Cards and Cheques issued on Your Account and return them to Citibank; (iv) 6 months elapse from the date of Your closure request (to allow for any delays by Merchants processing Transactions to Your Account). At any time during those 6 months, You may request Citibank to reactivate Your Account, if You do so, subject to Citibank s discretion Your credit facility contract with Citibank may not terminate, but will continue as if You had never closed Your Account. 18
20. Variation (a) Citibank may: (i) vary any of the Terms and Conditions; and/or (ii) make changes to the Annual Percentage Rate, or the amount or frequency of payment of a fee, charge or the Total Minimum Payment Due; and/or (iii) introduce a new fee or charge. (b) Any variation shall be binding on You and any Additional Cardholder or Signatory (as applicable). (c) Subject to paragraph (d), prior notice of any variation shall be given in writing to You by posting it to Your last known address or by such other methods as are permitted by applicable laws and the Code of Banking Practice. Where required the notice will set out particulars of the change, including the date on which it takes effect. (d) Citibank need not give prior notice of a variation where it is not required under the Consumer Credit Code, the Electronic Funds Transfer Code of Conduct or the Code of Banking Practice or any other relevant legislation. (e) A variation of which notice is required to be issued by Citibank may take effect: (i) no earlier than the day on which notice is issued, if the variation: increases the Annual Percentage Rate; or reduces Your obligations or extends the time for payment under Your Account; or (ii) no less than 20 days from the day on which notice is given, for any other variation made without Your prior consent. (f) If for any reason Citibank does not charge: (i) any fee, charge or expense; or (ii) interest on any fee, charge or expense, this does not constitute a variation of Your Terms and Conditions. (g) Any delay or failure by Citibank to exercise any right under this agreement does not constitute a waiver of that right. 21. Error/Dispute Resolution (a) A Cardholder must tell Citibank immediately if they have a complaint or believe that an error has occurred in relation to the Account. Lodgement of a complaint can occur in any way acceptable to Citibank including: (i) by calling CitiPhone Banking; (ii) in writing; or (iii) by visiting Our secure website and clicking on Send Us a Message. 19
(b) Where an enquiry is not settled to Your satisfaction, Citibank may advise You in writing of the procedures for the investigation and resolution of the dispute. These procedures will be in accordance with the Electronic Funds Transfer Code of Conduct if applicable. (c) Despite the existence of this procedure, You must first refer any disputes relating to a Transaction Amount to the Merchant or institution concerned. (d) For eligible Transactions processed through a Network Citibank may: (i) resolve a complaint under the rules of the Network, if Citibank decides to resolve a dispute in this manner Citibank and You are bound by the operating rules of the Network and resolution will be governed by the limits imposed by those rules. Failure to notify Us within the time frames set by the Network may affect the success of Your claim; (ii) claim a Chargeback right where one exists and You have notified a disputed Card Transaction to Citibank within the required time frame which is at the latest, the Payment Due Date of the Statement upon which the disputed charge appears; (iii) claim a Chargeback for the most appropriate reason; and (iv) reject refusal of a Chargeback by a Merchant s financial institution if it is inconsistent with the relevant operating rules. (e) You must comply with any request by Citibank for further information in any form requested by Citibank (including a statutory declaration where required). 22. Responsibility for Recurring Instructions and Goods and Services Supplied Subject to applicable laws, Citibank shall not be responsible for any goods or services supplied to Cardholders by Merchants or a Recurring Instruction by a Cardholder to a Merchant. Where a Recurring Instruction remains in force and: (a) Your Account is suspended, cancelled or closed; or (b) Your Card is re-issued and the instruction relates to a Card number that is no longer in use on Your Account, then You must immediately cancel the Recurring Instruction with the Merchant. Where any instruction remains in force Citibank is authorised to do any or all of the following: (i) refuse or approve authorisation of any proposed Transaction in respect of the Recurring Instruction; (ii) advise the applicable Merchant of the Account status; and (iii) cancel the Recurring Instruction on Your behalf without reference to You. 20
(c) the existence of a complaint or dispute shall not relieve You of the obligation to pay Citibank all amounts and charges debited to Your Account. You are also bound by the operating rules of any Network (as applicable). 23. Limits on Cash Daily and weekly Cash Advance minimum and maximum limits may apply to Electronic Equipment. Cardholders may be informed of these limits from time to time either in writing by Citibank or in the form of notices on or near ATMs. Minimum and maximum amounts to be obtained by Cash Advance may be set by Merchants; and Citibank for an Account. 24. Limits on Use of Electronic Equipment (a) Transactions made by use of a Card and Electronic Equipment may be limited to minimum and maximum amounts in any specified period and to multiples of any amounts. Limits may vary between Electronic Equipment. (b) The types of Transactions available with Electronic Equipment provided by Merchants will be determined by those Merchants and may differ from those available with Electronic Equipment owned or operated by Citibank. Citibank is not responsible for any loss or inconvenience a Cardholder may suffer due to a lack of uniformity between Transactions available with Electronic Equipment. 25. Malfunction of Electronic Equipment or Electronic Systems (a) Citibank shall be liable to You or an Additional Cardholder or Signatory for loss suffered that is directly attributable to the failure or malfunction of Citibank s Electronic Equipment or Citibank s electronic systems to record, complete or otherwise accurately deal with a Transaction. (b) Citibank is not liable if that Electronic Equipment or system does not accept a user s instruction, or if an access method fails to operate the Electronic Equipment. (c) Where Our Electronic Equipment does accept a user s instruction, Citibank s liability shall be limited to the correction of any errors and the refunding of any charges or fees imposed where: (i) the failure or malfunction is caused by an act or omission of the Cardholder; or (ii) the Cardholder should have been aware that the Electronic Equipment or electronic system was unavailable for use or was malfunctioning. 26. Currency Conversions When a Card is used outside Australia, Transactions effected in a currency other than Australian dollars will be converted to Australian dollars at a rate of exchange determined by Citibank. The Australian dollar amount will then be debited to Your Account. This amount may include any fees and 21
charges charged to Citibank by any Third Party including any applicable Network. 27. Refunds Except where a refund is required in accordance with the provisions of clause 9 or a dispute has been resolved in Your favour, a refund will only be credited to Your Account if Citibank receives a refund transaction from a Merchant or some other refund verification acceptable to Citibank. Refund amounts do not contribute to Your monthly payment obligations but will reduce the Closing Balance by the refund amount. 28. Refusal to Allow Use of Card Citibank shall not be liable for the refusal by a Merchant to allow Transactions to be made by means of the Card or Cheque or to accept or honour the Card or Cheque, whether at the direction of Citibank or for any reason whatsoever. Promotional material displayed on any premises shall not be taken as a representation or warranty by Citibank or the Merchant that all goods and services offered by the Merchant may be purchased by means of the Card or Cheque. 29. Transaction Record When a Cardholder completes a Transaction they should be offered a record of the Transaction. These Transaction records are evidence of the Transaction Amount to which that record relates and should be checked carefully. Any dispute must be reported to Citibank immediately. 30. Password (a) Use of an approved password may entitle a Cardholder to obtain such financial details in relation to the Account and effect such Transactions as determined by Citibank. (b) The password may be chosen by a Cardholder within such parameters that are determined by Citibank. 31. Certificate A certificate signed by an officer of Citibank: (a) stating Your liability to Citibank will be evidence of the amount of Your liability at the date of the certificate. You will remain liable for Transactions which Citibank has not been notified of at that date; or (b) exhibiting microfilm copies of documents, computer printouts or other documents or records kept in the normal course of Citibank business which relate to Your Account or to any application for Your Account, will be evidence at the date of the certificate of the facts contained therein. 22
32. Notices (a) Any notice or document required to be served by Citibank may be served in any manner permitted by applicable law. (b) A certificate signed by an officer of Citibank that notification was posted on a particular date shall be evidence that the notification was posted on that date. The notice shall be deemed to have been given to You on the later of the date it bears or the date when it would have been delivered in the ordinary course of post. 33. Change of Personal Details (a) A Cardholder must immediately notify Citibank of any change: (i) to a name or any contact details; or (ii) to the personal information contained on Your credit file or report held by Citibank. (b) You acknowledge that Citibank relies on this information being kept up-to-date and complete. You shall not make any claim against Citibank where Citibank s records show that such information is found to be out-of-date, incomplete or inaccurate due to Citibank not being advised of the change. Notification may be made by: (i) calling CitiPhone Banking; (ii) in writing to the address noted on Your Statement; or (iii) visiting Our secure website and clicking on Send Us a Message. (c) You acknowledge that Citibank has extended this Account to You based on certain personal and financial information about You that You have disclosed to Citibank. You must immediately inform Citibank of any material adverse change to Your financial situation which will affect Your ability to meet the payment obligations under this Account. 34. Applicable Law (a) The applicable law is the law of the Australian State or Territory in which You reside or should You reside overseas, the law of NSW. You agree that all claims and disputes be determined in the Court of competent jurisdiction in that State or Territory s capital city. You will have no rights under any Consumer Credit Code where the credit provided under Your Account is not for personal, domestic or household purposes. (b) If there is any inconsistency between the Terms and Conditions and any applicable law, they shall be read so they are not inconsistent with that law. 23
35. No liability Under no circumstances shall any institution, corporation or person (including but not limited to, any parent, subsidiary, affiliated or related body corporate of Citibank or any Citishare Network Member) be held liable or responsible for any loss or damage suffered by a Cardholder which may arise from the Cardholder s use or attempted use of, or the operation of this credit facility, except where expressly provided for in these Terms and Conditions. 36. Privacy at Citigroup Australia Citigroup Australia is subject to the National Privacy Principles under the Privacy Act. You can rely on similarly high standards wherever in the world You deal with a Citigroup company, due to Citigroup s Privacy Policies for consumers, followed by all members of the Citigroup family of companies. Note that in Australia where there are differences between Citigroup s Privacy Policies and Australia s Privacy Act, the stronger protection always applies. (a) Collection of information The nature of the personal information We collect, and where it comes from, will vary according to the specific product, and may include: information We collect from You on applications or other forms, such as name, address, telephone number, occupation, assets and income; information about Your Transactions with Us, Our affiliates, or Third Parties, such as Account balances. Payment history and Account activity: information We receive from credit reporting agency reports; health information for insurance products. We will only collect personal information necessary for the product/service. These purposes may include: processing a product application; evaluating and monitoring credit worthiness; the detection of possible fraud; processing receipts and payments, and servicing customers accounts; responding to customer enquiries about applications, accounts or services; understanding customer s needs and offering products and services to meet those needs; allowing Our affiliates and selected Third Parties to promote their products and services to customers; assessing, processing and investigating insurance risks or claims; meeting legal and regulatory requirements. 24