Use of Card. (a) The Cardmember/Company is liable to RHB Bank for all transactions carried out by the Cardmember/Company using the Card and for all related charges billed to the Card Account. (b) The Cardmember/Company continues to be liable for such transactions and charges even though the Card has been cancelled and/or this Agreement has been terminated. (a) To carry out a credit purchase from any Merchant using the Card, the Cardmember/Company must sign a sales draft, prepared by the Merchant. (b) RHB Bank may, and is unconditionally authorized by the Cardmember/Company to, purchase such sales draft from the Merchant and debit the Cardmember/Company’s relevant Card Account for the amount paid by RHB Bank for such purchase. 3.3 In addition to Clause 3.2, the Cardmember/Company unconditionally authorises RHB Bank: (a) to purchase his/her/its unsigned sales drafts; and (b) to debit his/her/its Card Account for the repayments made by RHB Bank for such purchase, if, based on satisfactory evidence, RHB Bank determines that the omission is due to: (i) the nature of the transaction; or (ii) an oversight on the part of the Cardmember/Company and/or the Merchant. 3.4 Unless there is any manifest error: (a) any such determination by RHB Bank is binding and conclusive on the Cardmember/Company; and (b) RHB Bank may treat its record of any transaction carried out using the Card including transactions carried out through the internet, mail orders, telephone or any other means acceptable to RHB Bank from time to time) as evidence of a debt properly incurred by the Cardmember/Company to be debited to the relevant Card Account. This is applicable irrespective of whether or not such record contains the Cardmember’s signature. 3.5 RHB Bank will, having evaluated the financial condition, the accounts and other financial documents in respect of the potential Company furnished to RHB Bank, assign a Card Limit to the relevant Card Account that must be strictly observed by the Cardmember/Company. 3.6 If the Company operates two (2) or more Card Accounts, a combined Card Limit will be assigned to the Card Accounts representing the total credit limit extended to cover the use of all Cards held by the Company. (a) RHB Bank may at any time vary the Card Limit: (i) by decreasing the Card Limit by giving notice at least twenty-one (21) calendar days to the Cardmember/Company and stating in the notice the reason(s) for such decrease; (ii) upon RHB Bank’s receipt of the Company’s request for such variation, including the Company’s request for a temporary Card Limit increase under Clause 3.8; or (iii) upon RHB Bank’s annual review of the Company’s credit standing, by increasing the Card Limit upon the Company’s acceptance of RHB Bank’s offer for such increase within thirty (30) calendar days from such offer. (b) If the Cardmember/Company is not agreeable to such variation, the Card may be cancelled in accordance with Clause 2.6. (c) Activation, retention or use of the Card after the effective date of such variation will constitute the Cardmember/Company’s acceptance of such variation. (d) The Cardmember/Company agrees that RHB Bank will not be liable for any losses, expenses or claims suffered by or brought against the Cardmember/Company as a result of RHB Bank exercising its rights under this Clause 3.7 due to the Cardmember/Company’s act, omission, default, negligence and/or misconduct. (a) Except for stand-in processing transactions, interests and/or fees imposed by RHB Bank and auto-debit transactions which do not require the Cardmember/Company’s consent, request from or consent of the Cardmember/Company is required for a temporary Card Limit increase or an over- the-limit transaction. (b) If the Cardmember/Company fails to settle the temporary Card Limit used (including temporary Card Limit used in auto-debit transactions) within the specified period, an over-the-limit fee of RM50 per occurrence will be imposed if the total outstanding balance exceeds the combined Card Limit due to the temporary Card Limit transaction. (c) However, no over-the-limit fee may be imposed if the total outstanding balance exceeds the combined Card Limit due to any stand-in processing transaction and/or any interests and/or fees imposed by RHB Bank. (d) The Cardmember/Company may contact RHB Customer Contact Centre to withdraw the consent. The withdrawal of the over-the-limit consent is subject to the Cardmember/Company not exceeding the combined Card Limit at the point of request. (a) RHB Bank is not liable for any error, act or omission on the part of the Merchant which is not due to the act, omission, default, negligence and/or misconduct on the part of RHB Bank and/or any of its employees, representatives and agents, including but not limited to any refusal by the Merchant to honour the Card or any defect or deficiency in any goods or services provided by the Merchant and any statement, representation or communication made by or purportedly made by the Merchant. (b) The Cardmember/Company is to resolve all complaints, claims, disputes and/or legal proceedings against the Merchant arising from any such error, act or omission on the part of the Merchant which is not due to the act, omission, default, negligence and/or misconduct on the part of RHB Bank and/or any of its employees, representatives and agents directly with the Merchant and not through RHB Bank. (c) The Cardmember/Company agrees not to include RHB Bank in any such claim, dispute and/or legal proceedings against the Merchant. (d) Any complaint, claim, dispute and/or legal proceeding which the Cardmember/Company may have against the Merchant will not relieve the Cardmember/Company of the obligation to pay RHB Bank the amount incurred on the Card at such times and in the manner as provided under this Agreement. (e) If there is any dispute, the Cardmember/Company may refer such dispute to RHB Customer Contact Centre or Customer Advocacy. The Cardmember/Company may reach out to the Ombudsman for Financial Services for any further dispute. (a) If the Cardmember/Company enjoys other banking facilities with RHB Bank and if an event of default (or any event having a similar effect) under any of the other banking facilities or this Card facility occurs or is threatened, RHB Bank may suspend or cancel the Card in accordance with Clause 10.2. (b) If RHB Bank suspends or cancels the Card, Clauses 10.4 and 10.5 apply. (c) The Cardmember/Company may contact RHB Customer Contact Centre or visit any branch of RHB Bank if he/she/it would like to have further information on such suspension or cancellation. (c) The Cardmember/Company agrees to indemnify and hold harmless RHB Bank, its officers, directors and employees from and against all losses, claims, damages, liabilities, obligations, costs, fees and expenses whatsoever (including legal fees) incurred or suffered due to the Cardmember/Company’s breach of Clause 3.11.
Appears in 2 contracts
Sources: Visa Cardmember Agreement, Visa Cardmember Agreement
Use of Card. (a) The Cardmember/Company Principal Cardmember is liable to RHB Bank for Bankfor all transactions carried out by the Cardmember/Company Principal Cardmember and any Supplementary Cardmember using the Principal Card and any Supplementary Card respectively and for all related charges billed to the Card Account.
(b) The Cardmember/Company Principal Cardmember continues to be liable for such transactions and charges even though the Principal Card and/or any Supplementary Card has/have been cancelled and/or this Agreement has been terminated.
(a) A Supplementary Cardmember is only liable to RHB Bank on all transactions carried out by such Supplementary Cardmember using his/her Supplementary Card and for all charges billed to the Card Account related to such Supplementary Card.
(b) The Supplementary Cardmember continues to be liable for such transactions and charges even though such Supplementary Card has been cancelled and/or this Agreement has been terminated.
(a) To carry out a credit purchase Purchase from any Merchant using authorised Merchant:
(i) Cardmember must ensure that the Card, transaction amount is correct before authorising the Cardmember/Company transaction;
(ii) Cardmember must enter the PIN when prompted;
(iii) Cardmember may also use the Card to make Contactless Transaction through a contactless reader of which the maximum transaction amount per transaction is capped at RM250.00 or any other limit that may be permitted by RHB Bank from time to time; or
(iv) Cardmember must sign a sales draft, draft or cash withdrwal draft prepared by the MerchantAuthorised Merchant and/or VISA Member Bank or MasterCard Member Bank as the case may be.
(b) RHB Bank may, and is unconditionally authorized authorised by the Cardmember/Company Cardmember to, purchase such sales draft from the Merchant and/or VISA Member Bank or MasterCard Member Bank such sales drafts and cash withdrawal drafts and debit the Cardmember/Company’s relevant Card Account for the amount paid by RHB Bank for such purchase.
3.3 3.4 In addition to Clause 3.23.3, the Cardmember/Company Cardmember unconditionally authorises RHB BankBank :-
(a) to purchase his/her/its her unsigned sales drafts or cash withdrawal drafts; and
(b) to debit his/her/its her Card Account for the repayments payments made by RHB Bank for such purchase, ifif RHB Bank determines, based on satisfactory documentary evidence, RHB Bank determines that the omission is due to:to:-
(i) the nature of the transaction; or
(ii) an oversight on the part of the Cardmember/Company , the Merchant and/or the Merchant.
3.4 VISA Member Bank or MasterCard Member Bank. Unless there is any manifest error:
(a) , any such determination by RHB Bank is will be binding and conclusive on the Cardmember/Company; and.
(b) 3.5 Unless there is any manifest error, RHB Bank may treat its record of any transaction carried out using the Card (including transactions carried out through the internet, mail orders, telephone or any other means acceptable to RHB Bank from time to time) as evidence of a debt properly incurred by the Cardmember/Company Cardmember to be debited to the relevant Card Account. This is applicable irrespective of whether or not such record contains the Cardmember’s signature.
3.5 3.6 RHB Bank will, having evaluated the financial condition, the accounts income statements and other financial documents in respect of the potential Company Cardmember furnished to RHB Bank, assign a Card Limit to the relevant Card Account that must be strictly observed by the Cardmember/Company. Any increase in Card Limit shall be subject to the conduct of affordability assessment by the Bank
3.7 A Cardmember is only allowed to use the Card for any Cash Advance if the amount of the Cash Advance does not exceed 80% of the Card Limit subject to available balance or such other limit as determined and notified by RHB Bank to the Cardmember upon the issuance of the Card or in accordance with Clause 14.1 from time to time.
3.6 3.8 If the Company Principal Cardmember operates two (2) or more Card Accounts, a combined Card Limit will be assigned to the Card Accounts representing the total credit limit extended to cover the use of all Cards held by the CompanyPrincipal Cardmember and the Supplementary Cardmember, if any.
3.9 (a) RHB Bank may at any time vary the Card Limit:
(i) by decreasing the Card Limit by giving prior notice of at least twenty-twenty- one (21) calendar days to the Cardmember/Company Cardmember and stating in the notice the reason(s) for such decrease;
(ii) upon RHB Bank’s receipt of the CompanyCardmember’s request for such variation, including the CompanyCardmember’s request for a temporary Card Limit increase under Clause 3.83.10; or
(iii) upon RHB Bank’s annual review of the CompanyCardmember’s credit standing, by increasing the Card Limit upon the CompanyCardmember’s acceptance of RHB Bank’s offer for such increase within thirty (30) calendar days from such offer.
(b) If the Cardmember/Company is not agreeable to such variation, the Card may be cancelled in accordance with Clause 2.6.
(c) Activation, retention or use of the Card after the effective date of such variation will constitute the Cardmember/Company’s acceptance of such variation.
(d) The Cardmember/Company agrees that RHB Bank will not be liable for any losses, expenses or claims suffered by or brought against the Cardmember/Company as a result of RHB Bank exercising its rights under this Clause 3.7 due to the Cardmember/Company’s act, omission, default, negligence and/or misconduct.
(a) Except for stand-in processing transactions, interests and/or fees imposed by RHB Bank and auto-debit transactions which do not require the Cardmember/Company’s consent, request from or consent of the Cardmember/Company is required for a temporary Card Limit increase or an over- the-limit transaction.
(b) If the Cardmember/Company fails to settle the temporary Card Limit used (including temporary Card Limit used in auto-debit transactions) within the specified period, an over-the-limit fee of RM50 per occurrence will be imposed if the total outstanding balance exceeds the combined Card Limit due to the temporary Card Limit transaction.
(c) However, no over-the-limit fee may be imposed if the total outstanding balance exceeds the combined Card Limit due to any stand-in processing transaction and/or any interests and/or fees imposed by RHB Bank.
(d) The Cardmember/Company may contact RHB Customer Contact Centre to withdraw the consent. The withdrawal of the over-the-limit consent is subject to the Cardmember/Company not exceeding the combined Card Limit at the point of request.
(a) RHB Bank is not liable for any error, act or omission on the part of the Merchant which is not due to the act, omission, default, negligence and/or misconduct on the part of RHB Bank and/or any of its employees, representatives and agents, including but not limited to any refusal by the Merchant to honour the Card or any defect or deficiency in any goods or services provided by the Merchant and any statement, representation or communication made by or purportedly made by the Merchant.
(b) The Cardmember/Company is to resolve all complaints, claims, disputes and/or legal proceedings against the Merchant arising from any such error, act or omission on the part of the Merchant which is not due to the act, omission, default, negligence and/or misconduct on the part of RHB Bank and/or any of its employees, representatives and agents directly with the Merchant and not through RHB Bank.
(c) The Cardmember/Company agrees not to include RHB Bank in any such claim, dispute and/or legal proceedings against the Merchant.
(d) Any complaint, claim, dispute and/or legal proceeding which the Cardmember/Company may have against the Merchant will not relieve the Cardmember/Company of the obligation to pay RHB Bank the amount incurred on the Card at such times and in the manner as provided under this Agreement.
(e) If there is any dispute, the Cardmember/Company may refer such dispute to RHB Customer Contact Centre or Customer Advocacy. The Cardmember/Company may reach out to the Ombudsman for Financial Services for any further dispute.
(a) If the Cardmember/Company enjoys other banking facilities with RHB Bank and if an event of default (or any event having a similar effect) under any of the other banking facilities or this Card facility occurs or is threatened, RHB Bank may suspend or cancel the Card in accordance with Clause 10.2.
(b) If RHB Bank suspends or cancels the Card, Clauses 10.4 and 10.5 apply. (c) The Cardmember/Company may contact RHB Customer Contact Centre or visit any branch of RHB Bank if he/she/it would like to have further information on such suspension or cancellation.
(c) The Cardmember/Company agrees to indemnify and hold harmless RHB Bank, its officers, directors and employees from and against all losses, claims, damages, liabilities, obligations, costs, fees and expenses whatsoever (including legal fees) incurred or suffered due to the Cardmember/Company’s breach of Clause 3.11.
Appears in 2 contracts
Sources: Visa Card/Mastercard Cardmember Agreement, Visa Card/Mastercard Cardmember Agreement
Use of Card. (a) The Cardmember/Company Principal Cardholder is liable to RHB Islamic Bank for all transactions carried out by the Cardmember/Company Principal Cardholder and any Supplementary Cardholder using the Principal Card and any Supplementary Card respectively and for all related charges billed to the Card Account.
(b) The Cardmember/Company Principal Cardholder continues to be liable for such transactions and charges even though the Principal Card and/or any Supplementary Card has/have been cancelled and/or this Agreement has been terminated.
(a) A Supplementary Cardholder is only liable to RHB Islamic Bank on all transactions carried out by such Supplementary Cardholder using his/her Supplementary Card and for all charges billed to the Card Account related to such Supplementary Card.
(b) The Supplementary Cardholder continues to be liable for such transactions and charges even though such Supplementary Card has been cancelled and/or this Agreement has been terminated.
(a) To carry out a credit purchase from any Merchant or a Cash Advance from a VISA Member Bank or MasterCard Member Bank using the Card, the Cardmember/Company Cardholder must sign a sales draft or cash withdrawal draft, prepared by the MerchantMerchant and/or VISA Member Bank or MasterCard Member Bank, as the case may be.
(b) RHB Islamic Bank may, and is unconditionally authorized by the Cardmember/Company Cardholder to, purchase such sales draft or cash withdrawal draft from the Merchant and/or VISA Member Bank or MasterCard Member Bank and debit the Cardmember/CompanyCardholder’s relevant Card Account for the amount paid by RHB Islamic Bank for such purchase.
3.3 4.4 In addition to Clause 3.24.3, the Cardmember/Company Cardholder unconditionally authorises authorizes RHB Islamic Bank:
(a) to purchase his/her/its her unsigned sales drafts or cash withdrawal drafts; and
(b) to debit his/her/its her Card Account for the repayments payments made by RHB Islamic Bank for such purchase, if, based on satisfactory evidence, RHB Islamic Bank determines that the omission is due to:
(i) the nature of the transaction; or
(ii) an oversight on the part of the Cardmember/Company Cardholder, the Merchant and/or the MerchantVISA Member Bank or MasterCard Member Bank.
3.4 4.5 Unless there is any manifest error:
(a) any such determination by RHB Islamic Bank is binding and conclusive on the Cardmember/CompanyCardholder; and
(b) RHB Islamic Bank may treat its record of any transaction carried out using the Card (including transactions carried out through the internet, mail orders, telephone or any other means acceptable to RHB Islamic Bank from time to time) as evidence of a debt properly incurred by the Cardmember/Company Cardholder to be debited to the relevant Card Account. This is applicable irrespective of whether or not such record contains the CardmemberCardholder’s signature.
3.5 4.6 RHB Islamic Bank will, having evaluated the financial condition, the accounts income statements and other financial documents in respect of the potential Company Cardholder furnished to RHB Islamic Bank, assign a Card Limit to the relevant Card Account that must be strictly observed by the Cardmember/CompanyCardholder. Any increase in Card Limit shall be subject to the conduct of affordability assessment by the Bank.
3.6 4.7 A Cardholder is only allowed to use the Card for Cash Advance if the amount of the Cash Advance does not exceed fifty percent (50%) of the available Card Limit subject to available balance or such other limit as determined and notified by RHB Islamic Bank to the Cardholder upon the issuance of the Card or in accordance with Clause 15.1 from time to time.
4.8 If the Company Principal Cardholder operates two (2) or more Card Accounts, a combined Card Limit will be assigned to the Card Accounts representing the total credit limit extended to cover the use of all Cards held by the CompanyPrincipal Cardholder and the Supplementary Cardholder (if any).
(a) RHB Islamic Bank may at any time vary the Card Limit:
(i) by decreasing the Card Limit by giving prior notice of at least twenty-one (21) calendar days to the Cardmember/Company Cardholder and stating in the notice the reason(s) for such decrease;
(ii) upon RHB Islamic Bank’s receipt of the CompanyCardholder’s request for such variation, including the CompanyCardholder’s request for a temporary Card Limit increase under Clause 3.84.10; or
(iii) upon RHB Islamic Bank’s annual review of the CompanyCardholder’s credit standing, by increasing the Card Limit upon the CompanyCardholder’s acceptance of RHB Islamic Bank’s offer for such increase within thirty (30) calendar days from such offer.
(b) If the Cardmember/Company Cardholder is not agreeable to such variation, the Card may be cancelled in accordance with Clause 2.63.6.
(c) Activation, retention or use of the Card after the effective date of such variation will constitute the Cardmember/CompanyCardholder’s acceptance of such variation.
(d) The Cardmember/Company Cardholder agrees that RHB Islamic Bank will not be liable for any losses, expenses or claims suffered by or brought against the Cardmember/Company Cardholder as a result of RHB Islamic Bank exercising its rights under this Clause 3.7 4.9 due to the Cardmember/CompanyCardholder’s act, omission, default, negligence and/or misconduct.
(a) Except for stand-in processing transactions, interests profit and/or fees imposed by RHB Islamic Bank and auto-debit transactions which do not require the Cardmember/CompanyCardholder’s consent, request from or consent of the Cardmember/Company Cardholder is required for a temporary Card Limit increase or an over- over-the-limit transaction.
(b) The Cardholder may contact RHB Customer Contact Centre to withdraw the consent. The withdrawal of the over-the-limit consent is subject to the Cardholder not exceeding the combined Card Limit at the point of request.
(c) If the Cardmember/Company Cardholder fails to settle the temporary Card Limit used (including temporary Card Limit used in auto-debit transactions) within the specified period, an over-the-limit fee of RM50 per occurrence will be imposed if if:
(i) the total outstanding balance exceeds the combined Card Limit due to the temporary Card Limit transaction; and
(ii) the Actual Management Fee incurred plus such over-the-limit fee do not exceed the Fixed Management Fee.
(cd) However, no over-the-limit fee may be imposed if the total outstanding balance exceeds the combined Card Limit due to any stand-in processing transaction transaction, profit and/or any interests and/or fees imposed by RHB Islamic Bank.
(d) The Cardmember/Company may contact RHB Customer Contact Centre to withdraw the consent. The withdrawal of the over-the-limit consent is subject to the Cardmember/Company not exceeding the combined Card Limit at the point of request.
(a) RHB Islamic Bank is not liable for any error, act or omission on the part of the Merchant which is not due to the act, omission, default, negligence and/or misconduct on the part of RHB Islamic Bank and/or any of its employees, representatives and agents, including but not limited to any refusal by the Merchant to honour honor the Card or Card, any defect or deficiency in any goods or services provided by the Merchant and any statement, representation or communication made by or purportedly made by the Merchant.
(b) The Cardmember/Company Cardholder is to resolve all complaints, claims, disputes and/or legal proceedings against the Merchant arising from any such error, act or omission on the part of the Merchant which is not due to the act, omission, default, negligence and/or misconduct on the part of RHB Islamic Bank and/or any of its employees, representatives and agents directly with the Merchant and not through RHB Islamic Bank.
(c) The Cardmember/Company Cardholder agrees not to include RHB Islamic Bank in any such claim, dispute and/or legal proceedings against the Merchant.
(d) Any complaint, claim, dispute and/or legal proceeding which the Cardmember/Company Cardholder may have against the Merchant will not relieve the Cardmember/Company Cardholder of the obligation to pay RHB Islamic Bank the amount incurred on the Card at such times and in the manner as provided under this Agreement.
(e) If there is any dispute, the Cardmember/Company Cardholder may refer such dispute to RHB Customer Contact Centre or Customer Advocacy. The Cardmember/Company Cardholder may reach out to the Ombudsman for Financial Services for any further dispute.
(a) The Cardholder may use the Card to carry out ATM transactions.
(b) Such usage will be subject to the terms and conditions in this Agreement, RHB Islamic Bank’s terms and conditions for ATM transactions that are in force and are available on the website of RHB Islamic Bank at ▇▇▇.▇▇▇▇▇▇▇▇.▇▇▇ from time to time and/or the terms and conditions of the participating VISA Member Bank or MasterCard Member Bank which are in force from time.
(a) If the Cardmember/Company Cardholder enjoys other banking facilities with RHB Islamic Bank and if an event of default (or any event having a similar effect) under any of the other banking facilities or this Card facility occurs or is threatened, RHB Islamic Bank may suspend or cancel the Card in accordance with Clause 10.212.2.
(b) If RHB Islamic Bank suspends or cancels the Card, Clauses 10.4 12.4 and 10.5 12.5 apply. .
(c) The Cardmember/Company Cardholder may contact RHB Customer Contact Centre or visit any branch of RHB Islamic Bank if he/she/it she would like to have further information on such suspension or cancellation.
4.14 The Cardholder agrees that:
(ca) the Card:
(i) will be used only for Shariah-compliant purposes and purchase of Shariah- compliant goods and services at or from Shariah-compliant businesses and premises. Unless there is any manifest error, the decision of RHB Islamic Bank on whether any purposes, goods, services, businesses and premises are Shariah-compliant is conclusive; and
(ii) will not be used for or in connection with any unlawful, fraudulent, dishonest or unauthorised activity, any activity or purpose which is not Shariah-compliant (including online gambling and betting through the internet) and/or any activity or purpose which is in breach of any laws and regulatory rules and requirements;
(b) if RHB Islamic Bank reasonably believes or suspects that the Card is used or is to be used in contravention of Clause 4.14(a):
(i) RHB Islamic Bank may at any time block any payment and/or transaction and/or suspend the use of the Card, the Card Account and/or any other related services immediately. All payments made in that regard by the Cardholder using the Card are liable to be rejected and all Card(s) issued under the Card Account will be terminated. Upon such termination, Clauses 12.4 and 12.5 apply; and
(ii) despite Clause 4.14(b)(i), the Cardholder remains fully liable to pay RHB Islamic Bank the amount due in respect of such payments in accordance with this Agreement.
4.15 The Cardmember/Company Cardholder agrees to indemnify and hold harmless RHB Islamic Bank, its officers, directors and employees from and against all losses, claims, damages, liabilities, obligations, costs, fees and expenses whatsoever (including legal fees) incurred or suffered due to the Cardmember/CompanyCardholder’s breach of Clause 3.114.14.
Appears in 2 contracts
Sources: Credit Card Agreement, Credit Card Agreement
Use of Card. (a) The Cardmember/Company Principal Cardmember is liable to RHB Bank for all transactions carried out by the Cardmember/Company Principal Cardmember and any Supplementary Cardmember using the Principal Card and any Supplementary Card respectively and for all related charges billed to the Card Account.
(b) The Cardmember/Company Principal Cardmember continues to be liable for such transactions and charges even though the Principal Card and/or any Supplementary Card has/have been cancelled and/or this Agreement has been terminated.
(a) A Supplementary Cardmember is only liable to RHB Bank on all transactions carried out by such Supplementary Cardmember using his/her Supplementary Card and for all charges billed to the Card Account related to such Supplementary Card.
(b) The Supplementary Cardmember continues to be liable for such transactions and charges even though such Supplementary Card has been cancelled and/or this Agreement has been terminated.
(a) To carry out a credit purchase from any Merchant or a Cash Advance from a VISA Member Bank or MasterCard Member Bank using the Card, the Cardmember/Company Cardmember must sign a sales draft or cash withdrawal draft, prepared by the MerchantMerchant and/or VISA Member Bank or MasterCard Member Bank, as the case may be.
(b) RHB Bank may, and is unconditionally authorized authorised by the Cardmember/Company Cardmember to, purchase such sales draft from the Merchant and/or VISA Member Bank or MasterCard Member Bank such sales drafts and cash withdrawal drafts and debit the Cardmember/Company’s relevant Card Account for the amount paid by RHB Bank for such purchase.
3.3 3.4 In addition to Clause 3.23.3, the Cardmember/Company Cardmember unconditionally authorises RHB Bank:Bank:-
(a) to purchase his/her/its her unsigned sales drafts or cash withdrawal drafts; and
(b) to debit his/her/its her Card Account for the repayments payments made by RHB Bank for such purchase, ifif RHB determines, based on satisfactory documentary evidence, RHB Bank determines that the omission is due to:to:-
(i) the nature of the transaction; or
(ii) an oversight on the part of the Cardmember/Company , the Merchant and/or the Merchant.
3.4 VISA Member Bank or MasterCard Member Bank. Unless there is any manifest error:
(a) , any such determination by RHB Bank is will be binding and conclusive on the Cardmember/Company; and.
(b) 3.5 Unless there is any manifest error, RHB Bank may treat its record of any transaction carried out using the Card (including transactions carried out through the internet, mail orders, telephone or any other means acceptable to RHB Bank from time to time) as evidence of a debt properly incurred by the Cardmember/Company Cardmember to be debited to the relevant Card Account. This is applicable irrespective of whether or not such record contains the Cardmember’s signature.
3.5 3.6 RHB Bank will, having evaluated the financial condition, the accounts income statements and other financial documents in respect of the potential Company Cardmember furnished to RHB Bank, assign a Card Limit to the relevant Card Account that must be strictly observed by the Cardmember/Company.
3.6 3.7 A Cardmember is only allowed to use the Card for any Cash Advance if the amount of the Cash Advance does not exceed 80% of the Card Limit subject to available balance or such other limit as determined and notified by RHB Bank to the Cardmember upon the issuance of the Card or in accordance with Clause 14.1 from time to time.
3.8 If the Company Principal Cardmember operates two (2) or more Card Accounts, a combined Card Limit will be assigned to the Card Accounts representing the total credit limit extended to cover the use of all Cards held by the CompanyPrincipal Cardmember and the Supplementary Cardmember, if any.
3.9 (a) RHB Bank may at any time vary the Card Limit:Limit:-
(i) by decreasing the Card Limit by giving prior notice of at least twenty-twenty- one (21) calendar days to the Cardmember/Company Cardmember and stating in the notice the reason(s) for such decrease;
(ii) upon RHB Bank’s receipt of the CompanyCardmember’s request for such variation, including the CompanyCardmember’s request for a temporary Card Limit increase under Clause 3.83.10; or
(iii) upon RHB Bank’s annual review of the CompanyCardmember’s credit standing, by increasing the Card Limit upon the CompanyCardmember’s acceptance of RHB Bank’s offer for such increase within thirty (30) calendar days from such offer.
(b) If the Cardmember/Company is not agreeable to such variation, the Card may be cancelled in accordance with Clause 2.6.
(c) Activation, retention or use of the Card after the effective date of such variation will constitute the Cardmember/Company’s acceptance of such variation.
(d) The Cardmember/Company agrees that RHB Bank will not be liable for any losses, expenses or claims suffered by or brought against the Cardmember/Company as a result of RHB Bank exercising its rights under this Clause 3.7 due to the Cardmember/Company’s act, omission, default, negligence and/or misconduct.
(a) Except for stand-in processing transactions, interests and/or fees imposed by RHB Bank and auto-debit transactions which do not require the Cardmember/Company’s consent, request from or consent of the Cardmember/Company is required for a temporary Card Limit increase or an over- the-limit transaction.
(b) If the Cardmember/Company fails to settle the temporary Card Limit used (including temporary Card Limit used in auto-debit transactions) within the specified period, an over-the-limit fee of RM50 per occurrence will be imposed if the total outstanding balance exceeds the combined Card Limit due to the temporary Card Limit transaction.
(c) However, no over-the-limit fee may be imposed if the total outstanding balance exceeds the combined Card Limit due to any stand-in processing transaction and/or any interests and/or fees imposed by RHB Bank.
(d) The Cardmember/Company may contact RHB Customer Contact Centre to withdraw the consent. The withdrawal of the over-the-limit consent is subject to the Cardmember/Company not exceeding the combined Card Limit at the point of request.
(a) RHB Bank is not liable for any error, act or omission on the part of the Merchant which is not due to the act, omission, default, negligence and/or misconduct on the part of RHB Bank and/or any of its employees, representatives and agents, including but not limited to any refusal by the Merchant to honour the Card or any defect or deficiency in any goods or services provided by the Merchant and any statement, representation or communication made by or purportedly made by the Merchant.
(b) The Cardmember/Company is to resolve all complaints, claims, disputes and/or legal proceedings against the Merchant arising from any such error, act or omission on the part of the Merchant which is not due to the act, omission, default, negligence and/or misconduct on the part of RHB Bank and/or any of its employees, representatives and agents directly with the Merchant and not through RHB Bank.
(c) The Cardmember/Company agrees not to include RHB Bank in any such claim, dispute and/or legal proceedings against the Merchant.
(d) Any complaint, claim, dispute and/or legal proceeding which the Cardmember/Company may have against the Merchant will not relieve the Cardmember/Company of the obligation to pay RHB Bank the amount incurred on the Card at such times and in the manner as provided under this Agreement.
(e) If there is any dispute, the Cardmember/Company may refer such dispute to RHB Customer Contact Centre or Customer Advocacy. The Cardmember/Company may reach out to the Ombudsman for Financial Services for any further dispute.
(a) If the Cardmember/Company enjoys other banking facilities with RHB Bank and if an event of default (or any event having a similar effect) under any of the other banking facilities or this Card facility occurs or is threatened, RHB Bank may suspend or cancel the Card in accordance with Clause 10.2.
(b) If RHB Bank suspends or cancels the Card, Clauses 10.4 and 10.5 apply. (c) The Cardmember/Company may contact RHB Customer Contact Centre or visit any branch of RHB Bank if he/she/it would like to have further information on such suspension or cancellation.
(c) The Cardmember/Company agrees to indemnify and hold harmless RHB Bank, its officers, directors and employees from and against all losses, claims, damages, liabilities, obligations, costs, fees and expenses whatsoever (including legal fees) incurred or suffered due to the Cardmember/Company’s breach of Clause 3.11.
Appears in 2 contracts
Sources: Visa Card/Mastercard Cardmember Agreement, Visa Card/Mastercard Cardmember Agreement
Use of Card. (a) The Cardmember/Company Principal Cardmember is liable to RHB Bank for all transactions carried out by the Cardmember/Company Principal Cardmember and any Supplementary Cardmember using the Principal Card and any Supplementary Card respectively and for all related charges billed to the Card Account.
(b) The Cardmember/Company Principal Cardmember continues to be liable for such transactions and charges even though the Principal Card and/or any Supplementary Card has/have been cancelled and/or this Agreement has been terminated.
(a) A Supplementary Cardmember is only liable to RHB Bank on all transactions carried out by such Supplementary Cardmember using his/her Supplementary Card and for all charges billed to the Card Account related to such Supplementary Card.
(b) The Supplementary Cardmember continues to be liable for such transactions and charges even though such Supplementary Card has been cancelled and/or this Agreement has been terminated.
(a) To carry out a credit purchase from any Merchant or a Cash Advance from a VISA Member Bank or MasterCard Member Bank using the Card, the Cardmember/Company Cardmember must sign a sales draft or cash withdrawal draft, prepared by the MerchantMerchant and/or VISA Member Bank or MasterCard Member Bank, as the case may be.
(b) RHB Bank may, and is unconditionally authorized authorised by the Cardmember/Company Cardmember to, purchase such sales draft from the Merchant and/or VISA Member Bank or MasterCard Member Bank such sales drafts and cash withdrawal drafts and debit the Cardmember/Company’s relevant Card Account for the amount paid by RHB Bank for such purchase.
3.3 3.4 In addition to Clause 3.23.3, the Cardmember/Company Cardmember unconditionally authorises RHB Bank:Bank:-
(a) to purchase his/her/its her unsigned sales drafts or cash withdrawal drafts; and
(b) to debit his/her/its her Card Account for the repayments payments made by RHB Bank for such purchase, ifif RHB determines, based on satisfactory documentary evidence, RHB Bank determines that the omission is due to:to:-
(i) the nature of the transaction; or
(ii) an oversight on the part of the Cardmember/Company , the Merchant and/or the Merchant.
3.4 VISA Member Bank or MasterCard Member Bank. Unless there is any manifest error:
(a) , any such determination by RHB Bank is will be binding and conclusive on the Cardmember/Company; and.
(b) 3.5 Unless there is any manifest error, RHB Bank may treat its record of any transaction carried out using the Card (including transactions carried out through the internet, mail orders, telephone or any other means acceptable to RHB Bank from time to time) as evidence of a debt properly incurred by the Cardmember/Company Cardmember to be debited to the relevant Card Account. This is applicable irrespective of whether or not such record contains the Cardmember’s signature.
3.5 3.6 RHB Bank will, having evaluated the financial condition, the accounts income statements and other financial documents in respect of the potential Company Cardmember furnished to RHB Bank, assign a Card Limit to the relevant Card Account that must be strictly observed by the Cardmember/Company. Any increase in Card Limit shall be subject to the conduct of affordability assessment by the Bank
3.7 A Cardmember is only allowed to use the Card for any Cash Advance if the amount of the Cash Advance does not exceed 80% of the Card Limit subject to available balance or such other limit as determined and notified by RHB Bank to the Cardmember upon the issuance of the Card or in accordance with Clause 14.1 from time to time.
3.6 3.8 If the Company Principal Cardmember operates two (2) or more Card Accounts, a combined Card Limit will be assigned to the Card Accounts representing the total credit limit extended to cover the use of all Cards held by the CompanyPrincipal Cardmember and the Supplementary Cardmember, if any.
3.9 (a) RHB Bank may at any time vary the Card Limit:Limit:-
(i) by decreasing the Card Limit by giving prior notice of at least twenty-twenty- one (21) calendar days to the Cardmember/Company Cardmember and stating in the notice the reason(s) for such decrease;
(ii) upon RHB Bank’s receipt of the CompanyCardmember’s request for such variation, including the CompanyCardmember’s request for a temporary Card Limit increase under Clause 3.83.10; or
(iii) upon RHB Bank’s annual review of the CompanyCardmember’s credit standing, by increasing the Card Limit upon the CompanyCardmember’s acceptance of RHB Bank’s offer for such increase within thirty (30) calendar days from such offer.
(b) If the Cardmember/Company is not agreeable to such variation, the Card may be cancelled in accordance with Clause 2.6.
(c) Activation, retention or use of the Card after the effective date of such variation will constitute the Cardmember/Company’s acceptance of such variation.
(d) The Cardmember/Company agrees that RHB Bank will not be liable for any losses, expenses or claims suffered by or brought against the Cardmember/Company as a result of RHB Bank exercising its rights under this Clause 3.7 due to the Cardmember/Company’s act, omission, default, negligence and/or misconduct.
(a) Except for stand-in processing transactions, interests and/or fees imposed by RHB Bank and auto-debit transactions which do not require the Cardmember/Company’s consent, request from or consent of the Cardmember/Company is required for a temporary Card Limit increase or an over- the-limit transaction.
(b) If the Cardmember/Company fails to settle the temporary Card Limit used (including temporary Card Limit used in auto-debit transactions) within the specified period, an over-the-limit fee of RM50 per occurrence will be imposed if the total outstanding balance exceeds the combined Card Limit due to the temporary Card Limit transaction.
(c) However, no over-the-limit fee may be imposed if the total outstanding balance exceeds the combined Card Limit due to any stand-in processing transaction and/or any interests and/or fees imposed by RHB Bank.
(d) The Cardmember/Company may contact RHB Customer Contact Centre to withdraw the consent. The withdrawal of the over-the-limit consent is subject to the Cardmember/Company not exceeding the combined Card Limit at the point of request.
(a) RHB Bank is not liable for any error, act or omission on the part of the Merchant which is not due to the act, omission, default, negligence and/or misconduct on the part of RHB Bank and/or any of its employees, representatives and agents, including but not limited to any refusal by the Merchant to honour the Card or any defect or deficiency in any goods or services provided by the Merchant and any statement, representation or communication made by or purportedly made by the Merchant.
(b) The Cardmember/Company is to resolve all complaints, claims, disputes and/or legal proceedings against the Merchant arising from any such error, act or omission on the part of the Merchant which is not due to the act, omission, default, negligence and/or misconduct on the part of RHB Bank and/or any of its employees, representatives and agents directly with the Merchant and not through RHB Bank.
(c) The Cardmember/Company agrees not to include RHB Bank in any such claim, dispute and/or legal proceedings against the Merchant.
(d) Any complaint, claim, dispute and/or legal proceeding which the Cardmember/Company may have against the Merchant will not relieve the Cardmember/Company of the obligation to pay RHB Bank the amount incurred on the Card at such times and in the manner as provided under this Agreement.
(e) If there is any dispute, the Cardmember/Company may refer such dispute to RHB Customer Contact Centre or Customer Advocacy. The Cardmember/Company may reach out to the Ombudsman for Financial Services for any further dispute.
(a) If the Cardmember/Company enjoys other banking facilities with RHB Bank and if an event of default (or any event having a similar effect) under any of the other banking facilities or this Card facility occurs or is threatened, RHB Bank may suspend or cancel the Card in accordance with Clause 10.2.
(b) If RHB Bank suspends or cancels the Card, Clauses 10.4 and 10.5 apply. (c) The Cardmember/Company may contact RHB Customer Contact Centre or visit any branch of RHB Bank if he/she/it would like to have further information on such suspension or cancellation.
(c) The Cardmember/Company agrees to indemnify and hold harmless RHB Bank, its officers, directors and employees from and against all losses, claims, damages, liabilities, obligations, costs, fees and expenses whatsoever (including legal fees) incurred or suffered due to the Cardmember/Company’s breach of Clause 3.11.
Appears in 1 contract
Use of Card. (a) 4.1 The Cardmember/Company is Principal Cardholder shall be liable to RHB Islamic Bank for all transactions carried out effected by the Cardmember/Company Principal Cardholder and the Supplementary Cardholder (if any) using the Card and the Supplementary Card respectively and for all related charges billed to the Card Account. Notwithstanding anything else to the contrary herein contained and without prejudice to the generality of the foregoing, the foregoing liability of the Principal Cardholder shall continue to subsist notwithstanding the termination of this Agreement.
(b4.2 A Supplementary Cardholder ( if any) The Cardmember/Company continues to shall only be liable to RHB Islamic Bank on all transactions effected by such Supplementary Cardholder using his Supplementary Card and for such transactions and all charges even though billed to the Card has been cancelled and/or Account(s) related to such Supplementary Card or the use of the same. Notwithstanding anything else to the contrary herein contained and without prejudice to the generality of the foregoing, the foregoing liability of the Supplementary Cardholder shall continue to subsist notwithstanding the termination of this Agreement has been terminatedAgreement.
(a) 4.3 To carry out effect a credit purchase from any Merchant or a Cash Advance from a VISA Member Bank by using the Card, the Cardmember/Company must Cardholder shall sign a sales draft or cash withdrawal draft, prepared by the Merchant.
(b) Merchant and/or VISA Member Bank, as the case may be. RHB Islamic Bank may, shall be absolutely entitled and is hereby unconditionally authorized by the Cardmember/Company to, purchase such sales draft from the Merchant and Cardholder to debit the Cardmember/CompanyCardholder’s relevant Card Account for the amount paid by RHB Islamic Bank for such purchase.
3.3 In addition to 4.4 Notwithstanding the provision set out in Clause 3.24.3, the Cardmember/Company Cardholder hereby unconditionally authorises authorizes RHB Bank:
(a) Islamic Bank to purchase his/her/its his unsigned sales drafts; and
(b) to drafts or cash withdrawal drafts and debit his/her/its his Card Account for the repayments payments made by RHB Islamic Bank to the Merchant or VISA Member Bank for such purchase, if, if RHB Islamic Bank is of the opinion based on satisfactory documentary evidence, RHB Bank determines that the omission is due to:
(i) to the nature of the transaction; or
(ii) transaction or due to an oversight on the part of the Cardmember/Company Cardholder and/or the Merchant.
3.4 Unless there is , VISA Member Bank or otherwise shall be binding and conclusive on the Cardholder. For the purpose of this Clause 4.4, any manifest error:
(a) any such determination by RHB Islamic Bank whether such omission is due to the nature of the transaction or due to an oversight on the part of the Cardholder and/or the Merchant, is binding and conclusive on the Cardmember/Company; andCardholder.
(b) 4.5 RHB Islamic Bank may shall be entitled to treat its RHB Islamic Bank’s record of any transaction carried out using effected by the use of the Card including but not limited to transactions carried out effected through the internet, mail orders, telephone internet or any other means acceptable to RHB Islamic Bank in its discretion from time to time) , or by mail orders via telephone, as evidence of a debt properly incurred by the Cardmember/Company Cardholder to be debited to the relevant Card Account. This is applicable irrespective of whether or not Account notwithstanding that any such record contains may not contain any signature of the Cardmember’s signatureCardholder.
3.5 4.6 RHB Islamic Bank will, having evaluated the financial condition, the accounts and other financial documents in respect of the potential Company furnished to RHB Bank, shall at its discretion assign a Card Limit to the relevant Card Account that must be strictly observed by the Cardmember/CompanyPrincipal Cardholder and the Supplementary Cardholder.
3.6 4.7 Notwithstanding the Card Limit, a Cardholder is only allowed to use the Card for any Cash Advance provided the amount of the Cash Advance does not exceed fifty percent (50%) of the available Card Limit or such other limit as determined by RHB Islamic Bank at its discretion from time to time.
4.8 If the Company Principal Cardholder operates two (2) or more Card Accounts, a combined Card Limit will be assigned to the Card Accounts representing the total credit limit extended to cover the use of all Cards held by the CompanyPrincipal Cardholder and the Supplementary Cardholder.
(a) 4.9 Notwithstanding the fact that the assigned Card Limit and a combined Card Limit shall have been set for the relevant Cardholder, RHB Islamic Bank may at any time at its discretion vary such a limit or restrict or refuse or withhold the Card Limit:
(i) by decreasing the Card Limit Cardholder’s credit by giving notice at least twenty-one three (213) calendar business days to the Cardmember/Company Cardholder and stating in the notice the reason(s) for such decrease;
(ii) upon RHB Bank’s receipt of the Company’s request for such variation, including the Company’s request for a temporary Card Limit increase under Clause 3.8; or
(iii) upon RHB Bank’s annual review of the Company’s credit standing, by increasing the Card Limit upon the Company’s acceptance of RHB Bank’s offer for such increase within thirty (30) calendar days from such offer.
(b) If the Cardmember/Company is not agreeable to such variation, the Card may be cancelled in accordance with Clause 2.6.
(c) Activation, retention or use of the Card after the effective date of such variation will constitute the Cardmember/Company’s acceptance of such variation.
(d) The Cardmember/Company agrees Cardholder hereby acknowledges and confirms that RHB Islamic Bank will shall not be liable for in any lossesmanner whatsoever to the Principal Cardholder and/or the Supplementary Cardholder, expenses or claims suffered by or brought against the Cardmember/Company as a result of RHB Islamic Bank exercising its rights under this Clause 3.7 due to the Cardmember/Company’s act, omission, default, negligence and/or misconduct4.9.
(a) Except for stand4.10 An over-in processing transactionsthe-limit fee of RM50 per occurrence may be imposed whenever the total outstanding balance exceeds the combined card limit if it is du e to an over-the-limit transaction, interests and/or fees imposed by RHB Bank provided that actual management fee incurred, plus over-the-limit fee does not exceed Fixed Management Fee and the Cardholder consents to it. However, the auto-debit transactions which do not require transaction is exempted from having to obtain the Cardmember/CompanyCardholder’s consent, request from or consent . In the event of the Cardmember/Company is required for a temporary Card Credit Limit increase or an over- over - the-limit transaction.
(b) If transaction is being requested by Cardholder, consent to the Cardmember/Company over-the-limit transaction is required to be given to the RHB Islamic Bank. Where the Cardholder fails to settle the temporary Card Credit Limit used (including temporary Card Limit used in auto-debit transactions) within the specified period, an over-the-limit fee of RM50 per occurrence will may be imposed if should the total outstanding balance Total Outstanding Balance exceeds the combined Card Limit card limit due to the temporary Card Credit Limit transaction.
(c) However, no over-the-limit fee may be imposed if the total outstanding balance exceeds the combined Card Limit due to any stand-in processing transaction and/or any interests and/or fees imposed by RHB Bank.
(d) The Cardmember/Company . Cardholder may contact RHB Customer Contact Centre to withdraw the consent. The withdrawal of the over-the-limit consent is subject to the Cardmember/Company Cardholder not exceeding the combined Card Limit card limit at the point of request.
(a) 4.11 RHB Islamic Bank is shall not be liable for any mistake, error, act or omission on the part of the Merchant which is not due to the act, omission, default, negligence and/or misconduct on the part of RHB Bank and/or any of its employees, representatives and agents, including but not limited to any refusal by the Merchant to honour honor the Card or any defect or deficiency in any goods or services provided by the Merchant and or any statement, representation or communication made by or purportedly made by the Merchant.
(b) . The Cardmember/Company is to Cardholder shall resolve all complaints, claims, claims and disputes and/or or legal proceedings against the Merchant arising from any such error, act or omission on the part of the Merchant which is not due to the act, omission, default, negligence and/or misconduct on the part of RHB Bank and/or any of its employees, representatives and agents directly with the Merchant and not through RHB Islamic Bank.
(c) . The Cardmember/Company agrees Cardholder undertakes not to include enjoin RHB Islamic Bank in any such claim, claim and/or dispute and/or or legal proceedings against the Merchant.
(d) . Any complaint, claim, /dispute and/or legal proceeding which the Cardmember/Company Cardholder may have against the Merchant will shall not relieve the Cardmember/Company Cardholder of the obligation to pay RHB Islamic Bank the amount amou nt incurred on the Card at such times and in the manner as provided under this Agreement.
(e) If there is any dispute, 4.12 The Cardholder may apply to use the Cardmember/Company may refer such dispute Card to effect ATM transaction. Such usage will be subject to RHB Customer Contact Centre or Customer Advocacy. The Cardmember/Company may reach out Islamic Bank’s terms and conditions for ATM transaction that are in force from time to time and/or the terms and conditions of the participating VISA Member Bank which are in force from time to time in addition to the Ombudsman for Financial Services for any further disputeTerms and Conditions in this Agreement.
(a) If 4.13 The Cardholder agrees that where the Cardmember/Company Cardholder enjoys other banking facilities with RHB Islamic Bank and if an event in the opinion of default (or any event having a similar effect) under RHB Islamic Bank, if any of the other banking facilities or this Card facility occurs or is threatenednot conducted in a manner satisfactory to RHB Islamic Bank, RHB Islamic Bank may suspend is entitled at its discretion without any liability whatsoever to suspend, cancel or cancel recall the Card by giving notice to the Cardholder and without the need to assign any reason whatsoever thereto. In the event RHB Islamic Bank suspends, cancels or recalls the Card, the provisions of Clauses 11.4 and 11.5 shall apply in accordance the same way with Clause 10.2the necessary changes, being varied according to the circumstances of the case.
4.14 The Cardholder agrees with and warrants to RHB Islamic Bank that the Card issued to the Cardholder, including any Supplementary Card(s) issued under the Card Account:
a) It will be used only for purposes permitted by Shariah and only for the purchase of halal or Shariah -approved goods and services, businesses and premises. The Cardholder agrees that RHB Islamic Bank’s and/or its Shariah Committee’s decision on whether such goods and services are Shariah compliant shall be conclusive for purposes of this Agreement a nd shall not be used for or in connection with any unlawful activity or non-halal activity or purpose (including without limitation online gambling), whether in whole or in part.
b) If RHB Bank suspends or cancels the use of the Card contravenes Clause 4.14(a) above, any and all payments for such purposes made by the Cardholder with the Card are liable to be rejected and thereafter, all Card, Clauses 10.4 and 10.5 apply. (whether Principal Card and/or Supplementary Card, issued under the Card Account shall be terminated, without any liability on the part of RHB Islamic Bank.
c) The Cardmember/Company may contact RHB Customer Contact Centre or visit any branch of RHB Bank if he/she/it would like to have further information on such suspension or cancellation.
(c) The Cardmember/Company agrees Cardholder undertakes to indemnify and hold harmless RHB Islamic Bank, its officers, directors and employees from and against any and all losses, claims, damages, liabilities, obligations, costs, fees and expenses whatsoever (including legal fees) incurred or suffered due to that are caused by and/or arising from the Cardmember/CompanyCardholder’s breach of this provision.
d) Without prejudice to Clause 3.114.14(b) herein, if the Cardholder uses the Card for purposes prohibited by the Shariah or for the purchase of non -halal or non Shariah approved goods or services at businesses or premises, such Cardholder shall nevertheless be fully liable to pay RHB Islamic Bank the amount due in respect of such uses or purchases in accordance with this Agreement and the Cardholder hereby expressly agrees and undertakes that he will not plead such user as a defence to a claim for payment of the amounts due to RHB Islamic Bank or otherwise rely on it to refuse payment of amounts due.
Appears in 1 contract
Sources: Credit Card Agreement
Use of Card. (a) The Cardmember/Company Principal Cardholder is liable to RHB Islamic Bank for all transactions carried out by the Cardmember/Company Principal Cardholder and any Supplementary Cardholder using the Principal Card and any Supplementary Card respectively and for all related charges billed to the Card Account.
(b) The Cardmember/Company Principal Cardholder continues to be liable for such transactions and charges even though the Principal Card and/or any Supplementary Card has/have been cancelled and/or this Agreement has been terminated.
(a) A Supplementary Cardholder is only liable to RHB Islamic Bank on all transactions carried out by such Supplementary Cardholder using his/her Supplementary Card and for all charges billed to the Card Account related to such Supplementary Card.
(b) The Supplementary Cardholder continues to be liable for such transactions and charges even though such Supplementary Card has been cancelled and/or this Agreement has been terminated.
(a) To carry out a credit purchase from any Merchant or a Cash Advance from a VISA Member Bank or MasterCard Member Bank using the Card, the Cardmember/Company Cardholder must sign a sales draft or cash withdrawal draft, prepared by the MerchantMerchant and/or VISA Member Bank or MasterCard Member Bank, as the case may be.
(b) RHB Islamic Bank may, and is unconditionally authorized by the Cardmember/Company Cardholder to, purchase such sales draft or cash withdrawal draft from the Merchant and/or VISA Member Bank or MasterCard Member Bank and debit the Cardmember/CompanyCardholder’s relevant Card Account for the amount paid by RHB Islamic Bank for such purchase.
3.3 4.4 In addition to Clause 3.24.3, the Cardmember/Company Cardholder unconditionally authorises authorizes RHB Islamic Bank:
(a) to purchase his/her/its her unsigned sales drafts or cash withdrawal drafts; and
(b) to debit his/her/its her Card Account for the repayments payments made by RHB Islamic Bank for such purchase, if, based on satisfactory evidence, RHB Islamic Bank determines that the omission is due to:
(i) the nature of the transaction; or
(ii) an oversight on the part of the Cardmember/Company Cardholder, the Merchant and/or the MerchantVISA Member Bank or MasterCard Member Bank.
3.4 4.5 Unless there is any manifest error:
(a) any such determination by RHB Islamic Bank is binding and conclusive on the Cardmember/CompanyCardholder; and
(b) RHB Islamic Bank may treat its record of any transaction carried out using the Card (including transactions carried out through the internet, mail orders, telephone or any other means acceptable to RHB Islamic Bank from time to time) as evidence of a debt properly incurred by the Cardmember/Company Cardholder to be debited to the relevant Card Account. This is applicable irrespective of whether or not such record contains the CardmemberCardholder’s signature.
3.5 4.6 RHB Islamic Bank will, having evaluated the financial condition, the accounts income statements and other financial documents in respect of the potential Company Cardholder furnished to RHB Islamic Bank, assign a Card Limit to the relevant Card Account that must be strictly observed by the Cardmember/CompanyCardholder.
3.6 4.7 A Cardholder is only allowed to use the Card for Cash Advance if the amount of the Cash Advance does not exceed fifty percent (50%) of the available Card Limit subject to available balance or such other limit as determined and notified by RHB Islamic Bank to the Cardholder upon the issuance of the Card or in accordance with Clause 15.1 from time to time.
4.8 If the Company Principal Cardholder operates two (2) or more Card Accounts, a combined Card Limit will be assigned to the Card Accounts representing the total credit limit extended to cover the use of all Cards held by the CompanyPrincipal Cardholder and the Supplementary Cardholder (if any).
(a) RHB Islamic Bank may at any time vary the Card Limit:
(i) by decreasing the Card Limit by giving prior notice of at least twenty-one (21) calendar days to the Cardmember/Company Cardholder and stating in the notice the reason(s) for such decrease;
(ii) upon RHB Islamic Bank’s receipt of the CompanyCardholder’s request for such variation, including the CompanyCardholder’s request for a temporary Card Limit increase under Clause 3.84.10; or
(iii) upon RHB Islamic Bank’s annual review of the CompanyCardholder’s credit standing, by increasing the Card Limit upon the CompanyCardholder’s acceptance of RHB Islamic Bank’s offer for such increase within thirty (30) calendar days from such offer.
(b) If the Cardmember/Company Cardholder is not agreeable to such variation, the Card may be cancelled in accordance with Clause 2.63.6.
(c) Activation, retention or use of the Card after the effective date of such variation will constitute the Cardmember/CompanyCardholder’s acceptance of such variation.
(d) The Cardmember/Company Cardholder agrees that RHB Islamic Bank will not be liable for any losses, expenses or claims suffered by or brought against the Cardmember/Company Cardholder as a result of RHB Islamic Bank exercising its rights under this Clause 3.7 4.9 due to the Cardmember/CompanyCardholder’s act, omission, default, negligence and/or misconduct.
(a) Except for stand-in processing transactions, interests profit and/or fees imposed by RHB Islamic Bank and auto-debit transactions which do not require the Cardmember/CompanyCardholder’s consent, request from or consent of the Cardmember/Company Cardholder is required for a temporary Card Limit increase or an over- over-the-limit transaction.
(b) The Cardholder may contact RHB Customer Contact Centre to withdraw the consent. The withdrawal of the over-the-limit consent is subject to the Cardholder not exceeding the combined Card Limit at the point of request.
(c) If the Cardmember/Company Cardholder fails to settle the temporary Card Limit used (including temporary Card Limit used in auto-debit transactions) within the specified period, an over-the-limit fee of RM50 per occurrence will be imposed if if:
(i) the total outstanding balance exceeds the combined Card Limit due to the temporary Card Limit transaction; and
(ii) the Actual Management Fee incurred plus such over-the-limit fee do not exceed the Fixed Management Fee.
(cd) However, no over-the-limit fee may be imposed if the total outstanding balance exceeds the combined Card Limit due to any stand-in processing transaction transaction, profit and/or any interests and/or fees imposed by RHB Islamic Bank.
(d) The Cardmember/Company may contact RHB Customer Contact Centre to withdraw the consent. The withdrawal of the over-the-limit consent is subject to the Cardmember/Company not exceeding the combined Card Limit at the point of request.
(a) RHB Islamic Bank is not liable for any error, act or omission on the part of the Merchant which is not due to the act, omission, default, negligence and/or misconduct on the part of RHB Islamic Bank and/or any of its employees, representatives and agents, including but not limited to any refusal by the Merchant to honour honor the Card or Card, any defect or deficiency in any goods or services provided by the Merchant and any statement, representation or communication made by or purportedly made by the Merchant.
(b) The Cardmember/Company Cardholder is to resolve all complaints, claims, disputes and/or legal proceedings against the Merchant arising from any such error, act or omission on the part of the Merchant which is not due to the act, omission, default, negligence and/or misconduct on the part of RHB Islamic Bank and/or any of its employees, representatives and agents directly with the Merchant and not through RHB Islamic Bank.
(c) The Cardmember/Company Cardholder agrees not to include RHB Islamic Bank in any such claim, dispute and/or legal proceedings against the Merchant.
(d) Any complaint, claim, dispute and/or legal proceeding which the Cardmember/Company Cardholder may have against the Merchant will not relieve the Cardmember/Company Cardholder of the obligation to pay RHB Islamic Bank the amount incurred on the Card at such times and in the manner as provided under this Agreement.
(e) If there is any dispute, the Cardmember/Company Cardholder may refer such dispute to RHB Customer Contact Centre or Customer Advocacy. The Cardmember/Company Cardholder may reach out to the Ombudsman for Financial Services for any further dispute.
(a) The Cardholder may use the Card to carry out ATM transactions.
(b) Such usage will be subject to the terms and conditions in this Agreement, RHB Islamic Bank’s terms and conditions for ATM transactions that are in force and are available on the website of RHB Islamic Bank at ▇▇▇.▇▇▇▇▇▇▇▇.▇▇▇ from time to time and/or the terms and conditions of the participating VISA Member Bank or MasterCard Member Bank which are in force from time.
(a) If the Cardmember/Company Cardholder enjoys other banking facilities with RHB Islamic Bank and if an event of default (or any event having a similar effect) under any of the other banking facilities or this Card facility occurs or is threatened, RHB Islamic Bank may suspend or cancel the Card in accordance with Clause 10.212.2.
(b) If RHB Islamic Bank suspends or cancels the Card, Clauses 10.4 12.4 and 10.5 12.5 apply. .
(c) The Cardmember/Company Cardholder may contact RHB Customer Contact Centre or visit any branch of RHB Islamic Bank if he/she/it she would like to have further information on such suspension or cancellation.
4.14 The Cardholder agrees that:
(ca) the Card:
(i) will be used only for Shariah-compliant purposes and purchase of Shariah-compliant goods and services at or from Shariah-compliant businesses and premises. Unless there is any manifest error, the decision of RHB Islamic Bank and/or the Shariah Committee on whether any purposes, goods, services, businesses and premises are Shariah-compliant is conclusive; and
(ii) will not be used for or in connection with any unlawful, fraudulent, dishonest or unauthorised activity, any activity or purpose which is not Shariah-compliant (including online gambling and betting through the internet) and/or any activity or purpose which is in breach of any laws and regulatory rules and requirements;
(b) if RHB Islamic Bank reasonably believes or suspects that the Card is used or is to be used in contravention of Clause 4.14(a):
(i) RHB Islamic Bank may at any time block any payment and/or transaction and/or suspend the use of the Card, the Card Account and/or any other related services immediately. All payments made in that regard by the Cardholder using the Card are liable to be rejected and all Card(s) issued under the Card Account will be terminated. Upon such termination, Clauses 12.4 and 12.5 apply; and
(ii) despite Clause 4.14(b)(i), the Cardholder remains fully liable to pay RHB Islamic Bank the amount due in respect of such payments in accordance with this Agreement.
4.15 The Cardmember/Company Cardholder agrees to indemnify and hold harmless RHB Islamic Bank, its officers, directors and employees from and against all losses, claims, damages, liabilities, obligations, costs, fees and expenses whatsoever (including legal fees) incurred or suffered due to the Cardmember/CompanyCardholder’s breach of Clause 3.114.14.
Appears in 1 contract
Sources: Credit Card Agreement
Use of Card. (a) 4.1 The Cardmember/Company is Principal Cardholder shall be liable to RHB Islamic Bank for all transactions carried out effected by the Cardmember/Company Principal Cardholder and the Supplementary Cardholder (if any) using the Card and the Supplementary Card respectively and for all related charges billed to the Card Account. Notwithstanding anything else to the contrary herein contained and without prejudice to the generality of the foregoing, the foregoing liability of the Principal Cardholder shall continue to subsist notwithstanding the termination of this Agreement.
(b4.2 A Supplementary Cardholder ( if any) The Cardmember/Company continues to shall only be liable to RHB Islamic Bank on all transactions effected by such Supplementary Cardholder using his Supplementary Card and for such transactions and all charges even though billed to the Card has been cancelled and/or Account(s) related to such Supplementary Card or the use of the same. Notwithstanding anything else to the contrary herein contained and without prejudice to the generality of the foregoing, the foregoing liability of the Supplementary Cardholder shall continue to subsist notwithstanding the termination of this Agreement has been terminatedAgreement.
(a) 4.3 To carry out effect a credit purchase from any Merchant or a Cash Advance from a VISA Member Bank by using the Card, the Cardmember/Company must Cardholder shall sign a sales draft or cash withdrawal draft, prepared by the Merchant.
(b) Merchant and/or VISA Member Bank, as the case may be. RHB Islamic Bank may, shall be absolutely entitled and is hereby unconditionally authorized by the Cardmember/Company to, purchase such sales draft from the Merchant and Cardholder to debit the Cardmember/CompanyCardholder’s relevant Card Account for the amount paid by RHB Islamic Bank for such purchase.
3.3 In addition to 4.4 Notwithstanding the provision set out in Clause 3.24.3, the Cardmember/Company Cardholder hereby unconditionally authorises authorizes RHB Bank:
(a) Islamic Bank to purchase his/her/its his unsigned sales drafts; and
(b) to drafts or cash withdrawal drafts and debit his/her/its his Card Account for the repayments payments made by RHB Islamic Bank to the Merchant or VISA Member Bank for such purchase, if, if RHB Islamic Bank is of the opinion based on satisfactory documentary evidence, RHB Bank determines that the omission is due to:
(i) to the nature of the transaction; or
(ii) transaction or due to an oversight on the part of the Cardmember/Company Cardholder and/or the Merchant.
3.4 Unless there is , VISA Member Bank or otherwise shall be binding and conclusive on the Cardholder. For the purpose of this Clause 4.4, any manifest error:
(a) any such determination by RHB Islamic Bank whether such omission is due to the nature of the transaction or due to an oversight on the part of the Cardholder and/or the Merchant, is binding and conclusive on the Cardmember/Company; andCardholder.
(b) 4.5 RHB Islamic Bank may shall be entitled to treat its RHB Islamic Bank’s record of any transaction carried out using effected by the use of the Card including but not limited to transactions carried out effected through the internet, mail orders, telephone internet or any other means acceptable to RHB Islamic Bank in its discretion from time to time) , or by mail orders via telephone, as evidence of a debt properly incurred by the Cardmember/Company Cardholder to be debited to the relevant Card Account. This is applicable irrespective of whether or not Account notwithstanding that any such record contains may not contain any signature of the Cardmember’s signatureCardholder.
3.5 4.6 RHB Islamic Bank will, having evaluated the financial condition, the accounts and other financial documents in respect of the potential Company furnished to RHB Bank, shall at its discretion assign a Card Limit to the relevant Card Account that must be strictly observed by the Cardmember/CompanyPrincipal Cardholder and the Supplementary Cardholder.
3.6 4.7 Notwithstanding the Card Limit, a Cardholder is only allowed to use the Card for any Cash Advance provided the amount of the Cash Advance does not exceed fifty percent (50%) of the available Card Limit or such other limit as determined by RHB Islamic Bank at its discretion from time to time.
4.8 If the Company Principal Cardholder operates two (2) or more Card Accounts, a combined Card Limit will be assigned to the Card Accounts representing the total credit limit extended to cover the use of all Cards held by the CompanyPrincipal Cardholder and the Supplementary Cardholder.
(a) 4.9 Notwithstanding the fact that the assigned Card Limit and a combined Card Limit shall have been set for the relevant Cardholder, RHB Islamic Bank may at any time at its discretion vary such a limit or restrict or refuse or withhold the Card Limit:
(i) by decreasing the Card Limit Cardholder’s credit by giving notice at least twenty-one three (213) calendar business days to the Cardmember/Company Cardholder and stating in the notice the reason(s) for such decrease;
(ii) upon RHB Bank’s receipt of the Company’s request for such variation, including the Company’s request for a temporary Card Limit increase under Clause 3.8; or
(iii) upon RHB Bank’s annual review of the Company’s credit standing, by increasing the Card Limit upon the Company’s acceptance of RHB Bank’s offer for such increase within thirty (30) calendar days from such offer.
(b) If the Cardmember/Company is not agreeable to such variation, the Card may be cancelled in accordance with Clause 2.6.
(c) Activation, retention or use of the Card after the effective date of such variation will constitute the Cardmember/Company’s acceptance of such variation.
(d) The Cardmember/Company agrees Cardholder hereby acknowledges and confirms that RHB Islamic Bank will shall not be liable for in any lossesmanner whatsoever to the Principal Cardholder and/or the Supplementary Cardholder, expenses or claims suffered by or brought against the Cardmember/Company as a result of RHB Islamic Bank exercising its rights under this Clause 3.7 due to the Cardmember/Company’s act, omission, default, negligence and/or misconduct4.9.
(a) Except for stand4.10 An over-in processing transactionsthe-limit fee of RM50 per occurrence may be imposed whenever the total outstanding balance exceeds the combined card limit if it is du e to an over-the-limit transaction, interests and/or fees imposed by RHB Bank provided that actual management fee incurred, plus over-the-limit fee does not exceed Fixed Management Fee and the Cardholder consents to it. However, the auto-debit transactions which do not require transaction is exempted from having to obtain the Cardmember/CompanyCardholder’s consent, request from or consent . In the event of the Cardmember/Company is required for a temporary Card Credit Limit increase or an over- over -the- limit transaction is being requested by Cardholder, consent to the over-the-limit transaction.
(b) If transaction is required to be given to the Cardmember/Company RHB Islamic Bank. Where the Cardholder fails to settle the temporary Card Credit Limit used (including temporary Card Limit used in auto-debit transactions) within the specified period, an over-the-limit fee of RM50 per occurrence will may be imposed if should the total outstanding balance Total Outstanding Balance exceeds the combined Card Limit card limit due to the temporary Card Credit Limit transaction.
(c) However, no over-the-limit fee may be imposed if the total outstanding balance exceeds the combined Card Limit due to any stand-in processing transaction and/or any interests and/or fees imposed by RHB Bank.
(d) The Cardmember/Company . Cardholder may contact RHB Customer Contact Care Centre to withdraw the consent. The withdrawal of the over-the-limit consent is subject to the Cardmember/Company Cardholder not exceeding the combined Card Limit card limit at the point of request.
(a) 4.11 RHB Islamic Bank is shall not be liable for any mistake, error, act or omission on the part of the Merchant which is not due to the act, omission, default, negligence and/or misconduct on the part of RHB Bank and/or any of its employees, representatives and agents, including but not limited to any refusal by the Merchant to honour honor the Card or any defect or deficiency in any goods or services provided by the Merchant and or any statement, representation or communication made by or purportedly made by the Merchant.
(b) . The Cardmember/Company is to Cardholder shall resolve all complaints, claims, claims and disputes and/or or legal proceedings against the Merchant arising from any such error, act or omission on the part of the Merchant which is not due to the act, omission, default, negligence and/or misconduct on the part of RHB Bank and/or any of its employees, representatives and agents directly with the Merchant and not through RHB Islamic Bank.
(c) . The Cardmember/Company agrees Cardholder undertakes not to include enjoin RHB Islamic Bank in any such claim, claim and/or dispute and/or or legal proceedings against the Merchant.
(d) . Any complaint, claim, /dispute and/or legal proceeding which the Cardmember/Company Cardholder may have against the Merchant will shall not relieve the Cardmember/Company Cardholder of the obligation to pay RHB Islamic Bank the amount amou nt incurred on the Card at such times and in the manner as provided under this Agreement.
(e) If there is any dispute, 4.12 The Cardholder may apply to use the Cardmember/Company may refer such dispute Card to effect ATM transaction. Such usage will be subject to RHB Customer Contact Centre or Customer Advocacy. The Cardmember/Company may reach out Islamic Bank’s terms and conditions for ATM transaction that are in force from time to time and/or the terms and conditions of the participating VISA Member Bank which are in force from time to time in addition to the Ombudsman for Financial Services for any further disputeTerms and Conditions in this Agreement.
(a) If 4.13 The Cardholder agrees that where the Cardmember/Company Cardholder enjoys other banking facilities with RHB Islamic Bank and if an event in the opinion of default (or any event having a similar effect) under RHB Islamic Bank, if any of the other banking facilities or this Card facility occurs or is threatenednot conducted in a manner satisfactory to RHB Islamic Bank, RHB Islamic Bank may suspend is entitled at its discretion without any liability whatsoever to suspend, cancel or cancel recall the Card by giving notice to the Cardholder and without the need to assign any reason whatsoever thereto. In the event RHB Islamic Bank suspends, cancels or recalls the Card, the provisions of Clauses 11.4 and 11.5 shall apply in accordance the same way with Clause 10.2the necessary changes, being varied according to the circumstances of the case.
4.14 The Cardholder agrees with and warrants to RHB Islamic Bank that the Card issued to the Cardholder, including any Supplementary Card(s) issued under the Card Account:
a) It will be used only for purposes permitted by Shariah and only for the purchase of halal or Shariah -approved goods and services, businesses and premises. The Cardholder agrees that RHB Islamic Bank’s and/or its Group Shariah Committee’s decision on whether such goods and services are Shariah compliant shall be conclusive for purposes of this Agreement a nd shall not be used for or in connection with any unlawful activity or non-halal activity or purpose (including without limitation online gambling), whether in whole or in part.
b) If RHB Bank suspends or cancels the use of the Card contravenes Clause 4.14(a) above, any and all payments for such purposes made by the Cardholder with the Card are liable to be rejected and thereafter, all Card, Clauses 10.4 and 10.5 apply. (whether Principal Card and/or Supplementary Card, issued under the Card Account shall be terminated, without any liability on the part of RHB Islamic Bank.
c) The Cardmember/Company may contact RHB Customer Contact Centre or visit any branch of RHB Bank if he/she/it would like to have further information on such suspension or cancellation.
(c) The Cardmember/Company agrees Cardholder undertakes to indemnify and hold harmless RHB Islamic Bank, its officers, directors and employees from and against any and all losses, claims, damages, liabilities, obligations, costs, fees and expenses whatsoever (including legal fees) incurred or suffered due to that are caused by and/or arising from the Cardmember/CompanyCardholder’s breach of this provision.
d) Without prejudice to Clause 3.114.14(b) herein, if the Cardholder uses the Card for purposes prohibited by the Shariah or for the purchase of non -halal or non Shariah approved goods or services at businesses or premises, such Cardholder shall nevertheless be fully liable to pay RHB Islamic Bank the amount due in respect of such uses or purchases in accordance with this Agreement and the Cardholder hereby expressly agrees and undertakes that he will not plead such user as a defence to a claim for payment of the amounts due to RHB Islamic Bank or otherwise rely on it to refuse payment of amounts due.
Appears in 1 contract
Sources: Credit Card Agreement
Use of Card. (a) The Cardmember/Company is liable to RHB Bank for all transactions carried out by the Cardmember/Company using the Card and for all related charges billed to the Card Account.
(b) The Cardmember/Company continues to be liable for such transactions and charges even though the Card has been cancelled and/or this Agreement has been terminated.
(a) To carry out a credit purchase from any Merchant using the Card, the Cardmember/Company must sign a sales draft, prepared by the Merchant.
(b) RHB Bank may, and is unconditionally authorized by the Cardmember/Company to, purchase such sales draft from the Merchant and debit the Cardmember/Company’s relevant Card Account for the amount paid by RHB Bank for such purchase.
3.3 In addition to Clause 3.2, the Cardmember/Company unconditionally authorises RHB Bank:
(a) to purchase his/her/its unsigned sales drafts; and
(b) to debit his/her/its Card Account for the repayments payments made by RHB Bank for such purchase, if, based on satisfactory evidence, RHB Bank determines that the omission is due to:
(i) the nature of the transaction; or
(ii) an oversight on the part of the Cardmember/Company and/or the Merchant.
3.4 Unless there is any manifest error:
(a) any such determination by RHB Bank is binding and conclusive on the Cardmember/Company; and
(b) RHB Bank may treat its record of any transaction carried out using the Card including transactions carried out through the internet, mail orders, telephone or any other means acceptable to RHB Bank from time to time) as evidence of a debt properly incurred by the Cardmember/Company to be debited to the relevant Card Account. This is applicable irrespective of whether or not such record contains the Cardmember’s signature.
3.5 RHB Bank will, having evaluated the financial condition, the accounts and other financial documents in respect of the potential Company furnished to RHB Bank, assign a Card Limit to the relevant Card Account that must be strictly observed by the Cardmember/Company.
3.6 If the Company operates two (2) or more Card Accounts, a combined Card Limit will be assigned to the Card Accounts representing the total credit limit extended to cover the use of all Cards held by the Company.
(a) RHB Bank may at any time vary the Card Limit:
(i) by decreasing the Card Limit by giving notice at least twenty-one (21) calendar days to the Cardmember/Company and stating in the notice the reason(s) for such decrease;
(ii) upon RHB Bank’s receipt of the Company’s request for such variation, including the Company’s request for a temporary Card Limit increase under Clause 3.8; or
(iii) upon RHB Bank’s annual review of the Company’s credit standing, by increasing the Card Limit upon the Company’s acceptance of RHB Bank’s offer for such increase within thirty (30) calendar days from such offer.
(b) If the Cardmember/Company is not agreeable to such variation, the Card may be cancelled in accordance with Clause 2.6.
(c) Activation, retention or use of the Card after the effective date of such variation will constitute the Cardmember/Company’s acceptance of such variation.
(d) The Cardmember/Company agrees that RHB Bank will not be liable for any losses, expenses or claims suffered by or brought against the Cardmember/Company as a result of RHB Bank exercising its rights under this Clause 3.7 due to the Cardmember/Company’s act, omission, default, negligence and/or misconduct.
(a) Except for stand-in processing transactions, interests and/or fees imposed by RHB Bank and auto-debit transactions which do not require the Cardmember/Company’s consent, request from or consent of the Cardmember/Company is required for a temporary Card Limit increase or an over- over-the-limit transaction.
(b) If the Cardmember/Company fails to settle the temporary Card Limit used (including temporary Card Limit used in auto-debit transactions) within the specified period, an over-the-limit fee of RM50 per occurrence will be imposed if the total outstanding balance exceeds the combined Card Limit due to the temporary Card Limit transaction.
(c) However, no over-the-limit fee may be imposed if the total outstanding balance exceeds the combined Card Limit due to any stand-in processing transaction and/or any interests and/or fees imposed by RHB Bank.
(d) The Cardmember/Company may contact RHB Customer Contact Centre to withdraw the consent. The withdrawal of the over-the-limit consent is subject to the Cardmember/Company not exceeding the combined Card Limit at the point of request.
(a) RHB Bank is not liable for any error, act or omission on the part of the Merchant which is not due to the act, omission, default, negligence and/or misconduct on the part of RHB Bank and/or any of its employees, representatives and agents, including but not limited to any refusal by the Merchant to honour the Card or any defect or deficiency in any goods or services provided by the Merchant and any statement, representation or communication made by or purportedly made by the Merchant.
(b) The Cardmember/Company is to resolve all complaints, claims, disputes and/or legal proceedings against the Merchant arising from any such error, act or omission on the part of the Merchant which is not due to the act, omission, default, negligence and/or misconduct on the part of RHB Bank and/or any of its employees, representatives and agents directly with the Merchant and not through RHB Bank.
(c) The Cardmember/Company agrees not to include RHB Bank in any such claim, dispute and/or legal proceedings against the Merchant.
(d) Any complaint, claim, dispute and/or legal proceeding which the Cardmember/Company may have against the Merchant will not relieve the Cardmember/Company of the obligation to pay RHB Bank the amount incurred on the Card at such times and in the manner as provided under this Agreement.
(e) If there is any dispute, the Cardmember/Company may refer such dispute to RHB Customer Contact Centre or Customer Advocacy. The Cardmember/Company may reach out to the Ombudsman for Financial Services for any further dispute.
(a) If the Cardmember/Company enjoys other banking facilities with RHB Bank and if an event of default (or any event having a similar effect) under any of the other banking facilities or this Card facility occurs or is threatened, RHB Bank may suspend or cancel the Card in accordance with Clause 10.2.
(b) If RHB Bank suspends or cancels the Card, Clauses 10.4 and 10.5 apply. .
(c) The Cardmember/Company may contact RHB Customer Contact Centre or visit any branch of RHB Bank if he/she/it would like to have further information on such suspension or cancellation.
(a) The Cardmember/Company agrees that the Cardmember/Company will not use or permit the Card to be used for any unlawful, fraudulent, dishonest or unauthorised activities, including illegal online gambling, betting through the internet and any other activity which is in breach of any laws and regulatory rules and requirements.
(b) If RHB Bank reasonably believes or suspects that the Card is or is to be used for any unlawful, fraudulent, dishonest or unauthorised activity:
(i) RHB Bank may at any time block any payment and/or transaction and/or suspend the use of the Card, the Card Account and/or any other related services immediately. All payments made in that regard by the Cardmember/Company using the Card are liable to be rejected and all Card(s) issued under the Card Account will be terminated. Upon such termination, Clauses 10.4 and 10.5 apply; and
(ii) despite Clause 3.11(b)(i), the Cardmember/Company remains fully liable to pay RHB Bank the amount due in respect of such payments in accordance with this Agreement.
(c) The Cardmember/Company agrees to indemnify and hold harmless RHB Bank, its officers, directors and employees from and against all losses, claims, damages, liabilities, obligations, costs, fees and expenses whatsoever (including legal fees) incurred or suffered due to the Cardmember/Company’s breach of Clause 3.11.
Appears in 1 contract
Sources: Credit Card Agreement
Use of Card. (a) The CardmemberCardholder/Company is liable to RHB the Bank for all transactions carried out by the CardmemberCardholder/Company using the Card and for all related charges billed to the Card Account.
(b) The CardmemberCardholder/Company continues to be liable for such transactions and charges even though the Card has been cancelled and/or this Agreement has been terminated.
(a) To carry out a credit purchase from any Merchant using the Card, the CardmemberCardholder/Company must sign a sales draft, draft prepared by the Merchant.
(b) RHB The Bank may, and is unconditionally authorized by the CardmemberCardholder/Company to, purchase such sales draft from the Merchant and debit the CardmemberCardholder/Company’s relevant Card Account for the amount paid by RHB the Bank for such purchase.
3.3 4.3 In addition to Clause 3.24.2, the CardmemberCardholder/Company unconditionally authorises RHB authorizes the Bank:
(a) to purchase his/her/its unsigned sales drafts; and
(b) to debit his/her/its Card Account for the repayments payments made by RHB the Bank for such purchase, if, based on satisfactory evidence, RHB the Bank determines that the omission is due to:
(i) the nature of the transaction; or
(ii) an oversight on the part of the CardmemberCardholder/Company and/or the Merchant.
3.4 4.4 Unless there is any manifest error:
(a) any such determination by RHB the Bank is binding and conclusive on the CardmemberCardholder/Company; and
(b) RHB the Bank may treat its record of any transaction carried out using the Card (including transactions carried out through the internet, mail orders, telephone or any other means acceptable to RHB the Bank from time to time) as evidence of a debt properly incurred by the CardmemberCardholder/Company to be debited to the relevant Card Account. This is applicable irrespective of whether or not such record contains the CardmemberCardholder/Company’s signature.
3.5 RHB 4.5 The Bank will, having evaluated the financial condition, the accounts and other financial documents in respect of the potential Company furnished to RHB the Bank, assign a Card Limit to the relevant Card Account that must be strictly observed by the CardmemberCardholder/Company.
3.6 4.6 If the Company operates two (2) or more Card Accounts, a combined Card Limit will be assigned to the Card Accounts representing the total credit limit extended to cover the use of all Cards held by the Company.
(a) RHB The Bank may at any time vary the Card Limit:
(i) by decreasing the Card Limit by giving notice at least twenty-one (21) calendar days to the CardmemberCardholder/Company and stating in the notice the reason(s) for such decrease;
(ii) upon RHB the Bank’s receipt of the Company’s request for such variation, including the Company’s request for a temporary Card Limit increase under Clause 3.84.8; or
(iii) upon RHB the Bank’s annual review of the Company’s credit standing, by increasing the Card Limit upon the Company’s acceptance of RHB the Bank’s offer for such increase within thirty (30) calendar days from such offer.
(b) If the CardmemberCardholder/Company is not agreeable to such variation, the Card may be cancelled in accordance with Clause 2.63.6.
(c) Activation, retention or use of the Card after the effective date of such variation will constitute the CardmemberCardholder/Company’s acceptance of such variation.
(d) The CardmemberCardholder/Company agrees that RHB the Bank will not be liable for any losses, expenses or claims suffered by or brought against the CardmemberCardholder/Company as a result of RHB the Bank exercising its rights under this Clause 3.7 4.7 due to the CardmemberCardholder/Company’s act, omission, default, negligence and/or misconduct.
(a) Except for stand-in processing transactions, interests profit and/or fees imposed by RHB the Bank and auto-auto- debit transactions which do not require the CardmemberCardholder/Company’s consent, request from or consent of the CardmemberCardholder/Company is required for a temporary Card Limit increase or an over- the-limit transaction.
(b) The Cardholder/Company may contact RHB Customer Contact Centre to withdraw the consent. The withdrawal of the over-the-limit consent is subject to the Cardholder/Company not exceeding the combined Card Limit at the point of request.
(c) If the CardmemberCardholder/Company fails to settle the temporary Card Limit used (including temporary Card Limit used in auto-debit transactions) within the specified period, an over-the-limit fee of RM50 per occurrence will be imposed if if:
(i) the total outstanding balance exceeds the combined Card Limit due to the temporary Card Limit transaction; and
(ii) the Actual Management Fee incurred plus such over-the-limit fee do not exceed the Fixed Management Fee.
(cd) However, no over-the-limit fee may be imposed if the total outstanding balance exceeds the combined Card Limit due to any stand-in processing transaction transaction, profit and/or any interests and/or fees imposed by RHB the Bank.
(d) The Cardmember/Company may contact RHB Customer Contact Centre to withdraw the consent. The withdrawal of the over-the-limit consent is subject to the Cardmember/Company not exceeding the combined Card Limit at the point of request.
(a) RHB The Bank is not liable for any error, act or omission on the part of the Merchant which is not due to the act, omission, default, negligence and/or misconduct on the part of RHB the Bank and/or any of its employees, representatives and agents, including but not limited to any refusal by the Merchant to honour honor the Card or Card, any defect or deficiency in any goods or services provided by the Merchant and any statement, representation or communication made by or purportedly made by the Merchant.
(b) The CardmemberCardholder/Company is to resolve all complaints, claims, claims and disputes and/or legal proceedings against the Merchant arising from any such error, act or omission mission on the part of the Merchant which is not due to the act, omission, default, negligence and/or misconduct on the part of RHB the Bank and/or any of its employees, representatives and agents directly with the Merchant and not through RHB the Bank.
(c) The CardmemberCardholder/Company agrees not to include RHB the Bank in any such claim, dispute and/or legal proceedings against the Merchant.
(d) Any complaint, claim, dispute and/or legal proceeding which the CardmemberCardholder/Company may have against the Merchant will not relieve the CardmemberCardholder/Company of the obligation to pay RHB the Bank the amount incurred on the Card at such times and in the manner as provided under this Agreement.
(e) If there is any dispute, the CardmemberCardholder/Company may refer such dispute to RHB Customer Contact Centre or Customer Advocacy. , The CardmemberCardholder/Company may reach out to the Ombudsman for Financial Services for any further dispute.
(a) If the CardmemberCardholder/Company enjoys other banking facilities with RHB the Bank and if an event of default (or any event having a similar effect) under any of the other banking facilities or this Card facility occurs or is threatened, RHB the Bank may suspend or cancel the Card in accordance with Clause 10.211.2.
(b) If RHB the Bank suspends or cancels the Card, Clauses 10.4 11.4 and 10.5 11.5 apply. .
(c) The CardmemberCardholder/Company may contact RHB Customer Contact Centre or visit any branch of RHB the Bank if he/she/it would like to have further information on such suspension or cancellation.
4.11 The Cardholder/Company agrees that:
(ca) the Card:
(i) must be used only for Shariah-compliant purposes and purchase of Shariah-compliant goods or services at or from Shariah-compliant businesses and premises. Unless there is any manifest error, the decision of the Bank and/or the Shariah Committee on whether any purposes, goods, services, businesses and premises are Shariah-compliant is conclusive; and
(ii) must not be used for or in connection with any unlawful, fraudulent, dishonest or unauthorised activity, any activity or purpose which is not Shariah-compliant (including online gambling and betting through the internet) and/or any activity or purpose which is in breach of any applicable law and regulatory rules and requirements;
(b) if the Bank reasonably believes or suspects that the Card is used or is to be used in contravention of Clause 4.11(a):
(i) the Bank may at any time block any payment and/or transaction and/or suspend the use of the Card, the Card Account and/or any other related services immediately. All payments made in that regard by the Cardholder/Company using the Card are liable to be rejected and all Card(s) issued under the Card Account will be terminated. Upon such cancellation, Clauses 11.4 and 11.5 apply; and
(ii) despite Clause 4.11(b)(i), the Cardholder/Company remains fully liable to pay the Bank the amount due in respect of such payments in accordance with this Agreement.
4.12 The CardmemberCardholder/Company agrees to indemnify and hold harmless RHB the Bank, its officers, directors and employees from and against all losses, claims, damages, liabilities, obligations, costs, fees and expenses whatsoever (including legal fees) incurred or suffered due to the CardmemberCardholder/Company’s breach of Clause 3.114.11.
Appears in 1 contract
Sources: Credit & Charge Card Agreement
Use of Card. (a) 4.1 The Cardmember/Company is Principal Cardholder shall be liable to RHB Islamic Bank for all transactions carried out effected by the Cardmember/Company Principal Cardholder and the Supplementary Cardholder (if any) using the Card and the Supplementary Card respectively and for all related charges billed to the Card Account. Notwithstanding anything else to the contrary herein contained and without prejudice to the generality of the foregoing, the foregoing liability of the Principal Cardholder shall continue to subsist notwithstanding the termination of this Agreement.
(b4.2 A Supplementary Cardholder ( if any) The Cardmember/Company continues to shall only be liable to RHB Islamic Bank on all transactions effected by such Supplementary Cardholder using his Supplementary Card and for such transactions and all charges even though billed to the Card has been cancelled and/or Account(s) related to such Supplementary Card or the use of the same. Notwithstanding anything else to the contrary herein contained and without prejudice to the generality of the foregoing, the foregoing liability of the Supplementary Cardholder shall continue to subsist notwithstanding the termination of this Agreement has been terminatedAgreement.
(a) 4.3 To carry out effect a credit purchase from any Merchant or a Cash Advance from a VISA Member Bank by using the Card, the Cardmember/Company must Cardholder shall sign a sales draft or cash withdrawal draft, prepared by the Merchant.
(b) Merchant and/or VISA Member Bank, as the case may be. RHB Islamic Bank may, shall be absolutely entitled and is hereby unconditionally authorized by the Cardmember/Company to, purchase such sales draft from the Merchant and Cardholder to debit the Cardmember/CompanyCardholder’s relevant Card Account for the amount paid by RHB Islamic Bank for such purchase.
3.3 In addition to 4.4 Notwithstanding the provision set out in Clause 3.24.3, the Cardmember/Company Cardholder hereby unconditionally authorises authorizes RHB Bank:
(a) Islamic Bank to purchase his/her/its his unsigned sales drafts; and
(b) to drafts or cash withdrawal drafts and debit his/her/its his Card Account for the repayments payments made by RHB Islamic Bank to the Merchant or VISA Member Bank for such purchase, if, if RHB Islamic Bank is of the opinion based on satisfactory documentary evidence, RHB Bank determines that the omission is due to:
(i) to the nature of the transaction; or
(ii) transaction or due to an oversight on the part of the Cardmember/Company Cardholder and/or the Merchant.
3.4 Unless there is , VISA Member Bank or otherwise shall be binding and conclusive on the Cardholder. For the purpose of this Clause 4.4, any manifest error:
(a) any such determination by RHB Islamic Bank whether such omission is due to the nature of the transaction or due to an oversight on the part of the Cardholder and/or the Merchant, is binding and conclusive on the Cardmember/Company; andCardholder.
(b) 4.5 RHB Islamic Bank may shall be entitled to treat its RHB Islamic Bank’s record of any transaction carried out using effected by the use of the Card including but not limited to transactions carried out effected through the internet, mail orders, telephone internet or any other means acceptable to RHB Islamic Bank in its discretion from time to time) , or by mail orders via telephone, as evidence of a debt properly incurred by the Cardmember/Company Cardholder to be debited to the relevant Card Account. This is applicable irrespective of whether or not Account notwithstanding that any such record contains may not contain any signature of the Cardmember’s signatureCardholder.
3.5 4.6 RHB Islamic Bank will, having evaluated the financial condition, the accounts and other financial documents in respect of the potential Company furnished to RHB Bank, shall at its discretion assign a Card Limit to the relevant Card Account that must be strictly observed by the Cardmember/CompanyPrincipal Cardholder and the Supplementary Cardholder.
3.6 4.7 Notwithstanding the Card Limit, a Cardholder is only allowed to use the Card for any Cash Advance provided the amount of the Cash Advance does not exceed fifty percent (50%) of the available Card Limit or such other limit as determined by RHB Islamic Bank at its discretion from time to time.
4.8 If the Company Principal Cardholder operates two (2) or more Card Accounts, a combined Card Limit will be assigned to the Card Accounts representing the total credit limit extended to cover the use of all Cards held by the CompanyPrincipal Cardholder and the Supplementary Cardholder.
(a) 4.9 Notwithstanding the fact that the assigned Card Limit and a combined Card Limit shall have been set for the relevant Cardholder, RHB Islamic Bank may at any time at its discretion vary such a limit or restrict or refuse or withhold the Card Limit:
(i) by decreasing the Card Limit Cardholder’s credit by giving notice at least twenty-one three (213) calendar business days to the Cardmember/Company Cardholder and stating in the notice the reason(s) for such decrease;
(ii) upon RHB Bank’s receipt of the Company’s request for such variation, including the Company’s request for a temporary Card Limit increase under Clause 3.8; or
(iii) upon RHB Bank’s annual review of the Company’s credit standing, by increasing the Card Limit upon the Company’s acceptance of RHB Bank’s offer for such increase within thirty (30) calendar days from such offer.
(b) If the Cardmember/Company is not agreeable to such variation, the Card may be cancelled in accordance with Clause 2.6.
(c) Activation, retention or use of the Card after the effective date of such variation will constitute the Cardmember/Company’s acceptance of such variation.
(d) The Cardmember/Company agrees Cardholder hereby acknowledges and confirms that RHB Islamic Bank will shall not be liable for in any lossesmanner whatsoever to the Principal Cardholder and/or the Supplementary Cardholder, expenses or claims suffered by or brought against the Cardmember/Company as a result of RHB Islamic Bank exercising its rights under this Clause 3.7 due to the Cardmember/Company’s act, omission, default, negligence and/or misconduct4.9.
(a) Except for stand4.10 An over-in processing transactionsthe-limit fee of RM50 per occurrence may be imposed whenever the total outstanding balance exceeds the combined card limit if it is du e to an over-the-limit transaction, interests and/or fees imposed by RHB Bank provided that actual management fee incurred, plus over-the-limit fee does not exceed Fixed Management Fee and the Cardholder consents to it. However, the auto-debit transactions which do not require transaction is exempted from having to obtain the Cardmember/CompanyCardholder’s consent, request from or consent . In the event of the Cardmember/Company is required for a temporary Card Credit Limit increase or an over- over - the-limit transaction.
(b) If transaction is being requested by Cardholder, consent to the Cardmember/Company over-the-limit transaction is required to be given to the RHB Islamic Bank. Where the Cardholder fails to settle the temporary Card Credit Limit used (including temporary Card Limit used in auto-debit transactions) within the specified period, an over-the-limit fee of RM50 per occurrence will may be imposed if should the total outstanding balance Total Outstanding Balance exceeds the combined Card Limit card limit due to the temporary Card Credit Limit transaction.
(c) However, no over-the-limit fee may be imposed if the total outstanding balance exceeds the combined Card Limit due to any stand-in processing transaction and/or any interests and/or fees imposed by RHB Bank.
(d) The Cardmember/Company . Cardholder may contact RHB Customer Contact Centre to withdraw the consent. The withdrawal of the over-the-limit consent is subject to the Cardmember/Company Cardholder not exceeding the combined Card Limit card limit at the point of request.
(a) 4.11 RHB Islamic Bank is shall not be liable for any mistake, error, act or omission on the part of the Merchant which is not due to the act, omission, default, negligence and/or misconduct on the part of RHB Bank and/or any of its employees, representatives and agents, including but not limited to any refusal by the Merchant to honour honor the Card or any defect or deficiency in any goods or services provided by the Merchant and or any statement, representation or communication made by or purportedly made by the Merchant.
(b) . The Cardmember/Company is to Cardholder shall resolve all complaints, claims, claims and disputes and/or or legal proceedings against the Merchant arising from any such error, act or omission on the part of the Merchant which is not due to the act, omission, default, negligence and/or misconduct on the part of RHB Bank and/or any of its employees, representatives and agents directly with the Merchant and not through RHB Islamic Bank.
(c) . The Cardmember/Company agrees Cardholder undertakes not to include enjoin RHB Islamic Bank in any such claim, claim and/or dispute and/or or legal proceedings against the Merchant.
(d) . Any complaint, claim, /dispute and/or legal proceeding which the Cardmember/Company Cardholder may have against the Merchant will shall not relieve the Cardmember/Company Cardholder of the obligation to pay RHB Islamic Bank the amount amou nt incurred on the Card at such times and in the manner as provided under this Agreement.
(e) If there is any dispute, 4.12 The Cardholder may apply to use the Cardmember/Company may refer such dispute Card to effect ATM transaction. Such usage will be subject to RHB Customer Contact Centre or Customer Advocacy. The Cardmember/Company may reach out Islamic Bank’s terms and conditions for ATM transaction that are in force from time to time and/or the terms and conditions of the participating VISA Member Bank which are in force from time to time in addition to the Ombudsman for Financial Services for any further disputeTerms and Conditions in this Agreement.
(a) If 4.13 The Cardholder agrees that where the Cardmember/Company Cardholder enjoys other banking facilities with RHB Islamic Bank and if an event in the opinion of default (or any event having a similar effect) under RHB Islamic Bank, if any of the other banking facilities or this Card facility occurs or is threatenednot conducted in a manner satisfactory to RHB Islamic Bank, RHB Islamic Bank may suspend is entitled at its discretion without any liability whatsoever to suspend, cancel or cancel recall the Card by giving notice to the Cardholder and without the need to assign any reason whatsoever thereto. In the event RHB Islamic Bank suspends, cancels or recalls the Card, the provisions of Clauses 11.4 and 11.5 shall apply in accordance the same way with Clause 10.2the necessary changes, being varied according to the circumstances of the case.
4.14 The Cardholder agrees with and warrants to RHB Islamic Bank that the Card issued to the Cardholder, including any Supplementary Card(s) issued under the Card Account:
a) It will be used only for purposes permitted by Shariah and only for the purchase of halal or Shariah -approved goods and services, businesses and premises. The Cardholder agrees that RHB Islamic Bank’s and/or its Group Shariah Committee’s decision on whether such goods and services are Shariah compliant shall be conclusive for purposes of this Agreement a nd shall not be used for or in connection with any unlawful activity or non-halal activity or purpose (including without limitation online gambling), whether in whole or in part.
b) If RHB Bank suspends or cancels the use of the Card contravenes Clause 4.14(a) above, any and all payments for such purposes made by the Cardholder with the Card are liable to be rejected and thereafter, all Card, Clauses 10.4 and 10.5 apply. (whether Principal Card and/or Supplementary Card, issued under the Card Account shall be terminated, without any liability on the part of RHB Islamic Bank.
c) The Cardmember/Company may contact RHB Customer Contact Centre or visit any branch of RHB Bank if he/she/it would like to have further information on such suspension or cancellation.
(c) The Cardmember/Company agrees Cardholder undertakes to indemnify and hold harmless RHB Islamic Bank, its officers, directors and employees from and against any and all losses, claims, damages, liabilities, obligations, costs, fees and expenses whatsoever (including legal fees) incurred or suffered due to that are caused by and/or arising from the Cardmember/CompanyCardholder’s breach of this provision.
d) Without prejudice to Clause 3.114.14(b) herein, if the Cardholder uses the Card for purposes prohibited by the Shariah or for the purchase of non -halal or non Shariah approved goods or services at businesses or premises, such Cardholder shall nevertheless be fully liable to pay RHB Islamic Bank the amount due in respect of such uses or purchases in accordance with this Agreement and the Cardholder hereby expressly agrees and undertakes that he will not plead such user as a defence to a claim for payment of the amounts due to RHB Islamic Bank or otherwise rely on it to refuse payment of amounts due.
Appears in 1 contract
Sources: Credit Card I Services Agreement
Use of Card. (a) 4.1 The Cardmember/Company is Principal Cardholder shall be liable to RHB Islamic Bank for all transactions carried out effected by the Cardmember/Company Principal Cardholder and the Supplementary Cardholder (if any) using the Card and the Supplementary Card respectively and for all related charges billed to the Card Account. Notwithstanding anything else to the contrary herein contained and without prejudice to the generality of the foregoing, the foregoing liability of the Principal Cardholder shall continue to subsist notwithstanding the termination of this Agreement.
(b4.2 A Supplementary Cardholder ( if any) The Cardmember/Company continues to shall only be liable to RHB Islamic Bank on all transactions effected by such Supplementary Cardholder using his Supplementary Card and for such transactions and all charges even though billed to the Card has been cancelled and/or Account(s) related to such Supplementary Card or the use of the same. Notwithstanding anything else to the contrary herein contained and without prejudice to the generality of the foregoing, the foregoing liability of the Supplementary Cardholder shall continue to subsist notwithstanding the termination of this Agreement has been terminatedAgreement.
(a) 4.3 To carry out effect a credit purchase from any Merchant or a Cash Advance from a VISA Member Bank by using the Card, the Cardmember/Company must Cardholder shall sign a sales draft or cash withdrawal draft, prepared by the Merchant.
(b) Merchant and/or VISA Member Bank, as the case may be. RHB Islamic Bank may, shall be absolutely entitled and is hereby unconditionally authorized by the Cardmember/Company to, purchase such sales draft from the Merchant and Cardholder to debit the Cardmember/CompanyCardholder’s relevant Card Account for the amount paid by RHB Islamic Bank for such purchase.
3.3 In addition to 4.4 Notwithstanding the provision set out in Clause 3.24.3, the Cardmember/Company Cardholder hereby unconditionally authorises authorizes RHB Bank:
(a) Islamic Bank to purchase his/her/its his unsigned sales drafts; and
(b) to drafts or cash withdrawal drafts and debit his/her/its his Card Account for the repayments payments made by RHB Islamic Bank to the Merchant or VISA Member Bank for such purchase, if, if RHB Islamic Bank is of the opinion based on satisfactory documentary evidence, RHB Bank determines that the omission is due to:
(i) to the nature of the transaction; or
(ii) transaction or due to an oversight on the part of the Cardmember/Company Cardholder and/or the Merchant.
3.4 Unless there is , VISA Member Bank or otherwise shall be binding and conclusive on the Cardholder. For the purpose of this Clause 4.4, any manifest error:
(a) any such determination by RHB Islamic Bank whether such omission is due to the nature of the transaction or due to an oversight on the part of RHB Islamic Bank is binding and conclusive on the Cardmember/Company; andCardholder.
(b) 4.5 RHB Islamic Bank may shall be entitled to treat its RHB Islamic Bank’s record of any transaction carried out using effected by the use of the Card including but not limited to transactions carried out effected through the internet, mail orders, telephone internet or any other means acceptable to RHB Islamic Bank in its discretion from time to time) , or by mail orders via telephone, as evidence of a debt properly incurred by the Cardmember/Company Cardholder to be debited to the relevant Card Account. This is applicable irrespective of whether or not Account notwithstanding that any such record contains may not contain any signature of the Cardmember’s signatureCardholder.
3.5 4.6 RHB Islamic Bank will, having evaluated the financial condition, the accounts and other financial documents in respect of the potential Company furnished to RHB Bank, shall at its discretion assign a Card Limit to the relevant Card Account that must be strictly observed by the Cardmember/CompanyPrincipal Cardholder and the Supplementary Cardholder.
3.6 4.7 Notwithstanding the Card Limit, a Cardholder is only allowed to use the Card for any Cash Advance provided the amount of the Cash Advance does not exceed fifty percent (50%) of the available Card Limit or such other limit as determined by RHB Islamic Bank at its discretion from time to time.
4.8 If the Company Principal Cardholder operates two (2) or more Card Accounts, a combined Card Limit will be assigned to the Card Accounts representing the total credit limit extended to cover the use of all Cards held by the CompanyPrincipal Cardholder and the Supplementary Cardholder.
(a) 4.9 Notwithstanding the fact that the assigned Card Limit and a combined Card Limit shall have been set for the relevant Cardholder, RHB Islamic Bank may at any time at its discretion vary such a limit or restrict or refuse or withhold the Card Limit:
(i) by decreasing the Card Limit Cardholder’s credit by giving notice at least twenty-one three (213) calendar business days to the Cardmember/Company Cardholder and stating in the notice the reason(s) for such decrease;
(ii) upon RHB Bank’s receipt of the Company’s request for such variation, including the Company’s request for a temporary Card Limit increase under Clause 3.8; or
(iii) upon RHB Bank’s annual review of the Company’s credit standing, by increasing the Card Limit upon the Company’s acceptance of RHB Bank’s offer for such increase within thirty (30) calendar days from such offer.
(b) If the Cardmember/Company is not agreeable to such variation, the Card may be cancelled in accordance with Clause 2.6.
(c) Activation, retention or use of the Card after the effective date of such variation will constitute the Cardmember/Company’s acceptance of such variation.
(d) The Cardmember/Company agrees Cardholder hereby acknowledges and confirms that RHB Islamic Bank will shall not be liable for in any lossesmanner whatsoever to the Principal Cardholder and/or the Supplementary Cardholder, expenses or claims suffered by or brought against the Cardmember/Company as a result of RHB Islamic Bank exercising its rights under this Clause 3.7 4.9.
4.10 An over-the-limit fee of RM50 per occurrence may be imposed whenever the Total Outstanding Balance exceeds the combined card limit if it is due to an over-the-limit transaction, provided that the Cardmember/Company’s actCardholder consents to it. However, omission, default, negligence and/or misconduct.
(a) Except for stand-in processing transactions, interests and/or fees imposed by RHB Bank and the auto-debit transactions which do not require transaction is exempted from having to obtain the Cardmember/CompanyCardholder’s consent, request from or consent . In the event of the Cardmember/Company is required for a temporary Card Credit Limit increase or an over- over-the-limit transaction.
(b) If transaction is being requested by Cardholder, consent to the Cardmember/Company over-the-limit transaction is required to be given to the Bank. Where the Cardholder fails to settle the temporary Card Credit Limit used (including within the specified period, an over-the- limit fee may be imposed should the Total Outstanding Balance exceeds the combined card limit due to the temporary Card Credit Limit used in auto-debit transactions) within the specified period, an over-the-limit fee of RM50 per occurrence will may be imposed if should the total outstanding balance Total Outstanding Balance exceeds the combined Card Limit card limit due to the temporary Card Credit Limit transaction.
(c) However, no over-the-limit fee may be imposed if the total outstanding balance exceeds the combined Card Limit due to any stand-in processing transaction and/or any interests and/or fees imposed by RHB Bank.
(d) The Cardmember/Company . Cardholder may contact RHB Customer Contact Care Centre to withdraw the consent. The withdrawal of the over-the-limit consent is subject to the Cardmember/Company Cardholder not exceeding the combined Card Limit card limit at the point of request.
(a) 4.11 RHB Islamic Bank is shall not be liable for any mistake, error, act or omission on the part of the Merchant which is not due to the act, omission, default, negligence and/or misconduct on the part of RHB Bank and/or any of its employees, representatives and agents, including but not limited to any refusal by the Merchant to honour honor the Card or any defect or deficiency in any goods or services provided by the Merchant and or any statement, representation or communication made by or purportedly made by the Merchant.
(b) . The Cardmember/Company is to Cardholder shall resolve all complaints, claims, claims and disputes and/or or legal proceedings against the Merchant arising from any such error, act or omission on the part of the Merchant which is not due to the act, omission, default, negligence and/or misconduct on the part of RHB Bank and/or any of its employees, representatives and agents directly with the Merchant and not through RHB Islamic Bank.
(c) . The Cardmember/Company agrees Cardholder undertakes not to include enjoin RHB Islamic Bank in any such claim, claim and/or dispute and/or or legal proceedings against the Merchant.
(d) . Any complaint, claim, /dispute and/or legal proceeding which the Cardmember/Company Cardholder may have against the Merchant will shall not relieve the Cardmember/Company Cardholder of the obligation to pay RHB Islamic Bank the amount incurred on the Card at such times and in the manner as provided under this Agreement.
(e) If there is any dispute, 4.12 The Cardholder may apply to use the Cardmember/Company may refer such dispute Card to effect ATM transaction. Such usage will be subject to RHB Customer Contact Centre or Customer Advocacy. The Cardmember/Company may reach out Islamic Bank’s terms and conditions for ATM transaction that are in force from time to time and/or the terms and conditions of the participating VISA Member Bank which are in force from time to time in addition to the Ombudsman for Financial Services for any further disputeTerms and Conditions in this Agreement.
(a) If 4.13 The Cardholder agrees that where the Cardmember/Company Cardholder enjoys other banking facilities with RHB Islamic Bank and if an event in the opinion of default (or any event having a similar effect) under RHB Islamic Bank, if any of the other banking facilities or this Card facility occurs or is threatenednot conducted in a manner satisfactory to RHB Islamic Bank, RHB Islamic Bank may suspend is entitled at its discretion without any liability whatsoever to suspend, cancel or cancel recall the Card by giving notice to the Cardholder and without the need to assign any reason whatsoever thereto. In the event RHB Islamic Bank suspends, cancels or recalls the Card, the provisions of Clauses 11.4 and 11.5 shall apply in accordance the same way with Clause 10.2the necessary changes, being varied according to the circumstances of the case.
4.14 The Cardholder agrees with and warrants to the Bank that the Card issued to the Cardholder, including any Supplementary Card(s) issued under the Card Account:
a) It will be used only for purposes permitted by Shariah and only for the purchase of halal or Shariah-approved goods and services, businesses and premises. The Cardholder agrees that RHB Islamic Bank’s and/or its Group Shariah Committee’s decision on whether such goods and services are Shariah compliant shall be conclusive for purposes of this Agreement and shall not be used for or in connection with any unlawful activity or non-halal activity or purpose (including without limitation online gambling), whether in whole or in part.
b) If RHB Bank suspends or cancels the use of the Card contravenes Clause 4.14(a) above, any and all payments for such purposes made by the Cardholder with the Card are liable to be rejected and thereafter, all Card, Clauses 10.4 and 10.5 apply. (whether Principal Card and/or Supplementary Card, issued under the Card Account shall be terminated, without any liability on the part of RHB Islamic Bank.
c) The Cardmember/Company may contact RHB Customer Contact Centre or visit any branch of RHB Bank if he/she/it would like to have further information on such suspension or cancellation.
(c) The Cardmember/Company agrees Cardholder undertakes to indemnify and hold harmless RHB Islamic Bank, its officers, directors and employees from and against any and all losses, claims, damages, liabilities, obligations, costs, fees and expenses whatsoever (including legal fees) incurred or suffered due to that are caused by and/or arising from the Cardmember/CompanyCardholder’s breach of this provision.
d) Without prejudice to Clause 3.114.14(b) herein, if the Cardholder uses the Card for purposes prohibited by the Shariah or for the purchase of non-halal or non Shariah approved goods or services at businesses or premises, such Cardholder shall nevertheless be fully liable to pay RHB Islamic Bank the amount due in respect of such uses or purchases in accordance with this Agreement and the Cardholder hereby expressly agrees and undertakes that he will not plead such user as a defence to a claim for payment of the amounts due to RHB Islamic Bank or otherwise rely on it to refuse payment of amounts due.
Appears in 1 contract
Sources: Credit Card I Services Agreement
Use of Card. (a) 4.1 The Cardmember/Company is Principal Cardholder shall be liable to RHB Islamic Bank for all transactions carried out effected by the Cardmember/Company Principal Cardholder and the Supplementary Cardholder (if any) using the Card and the Supplementary Card respectively and for all related charges billed to the Card Account. Notwithstanding anything else to the contrary herein contained and without prejudice to the generality of the foregoing, the foregoing liability of the Principal Cardholder shall continue to subsist notwithstanding the termination of this Agreement.
4.2 A Supplementary Cardholder (bif any) The Cardmember/Company continues to shall only be liable to RHB Islamic Bank on all transactions effected by such Supplementary Cardholder using his Supplementary Card and for such transactions and all charges even though billed to the Card has been cancelled and/or Account(s) related to such Supplementary Card or the use of the same. Notwithstanding anything else to the contrary herein contained and without prejudice to the generality of the foregoing, the foregoing liability of the Supplementary Cardholder shall continue to subsist notwithstanding the termination of this Agreement has been terminatedAgreement.
(a) 4.3 To carry out effect a credit purchase from any Merchant or a Cash Advance from a VISA Member Bank by using the Card, the Cardmember/Company must Cardholder shall sign a sales draft or cash withdrawal draft, prepared by the Merchant.
(b) Merchant and/or VISA Member Bank, as the case may be. RHB Islamic Bank may, shall be absolutely entitled and is hereby unconditionally authorized by the Cardmember/Company to, purchase such sales draft from the Merchant and Cardholder to debit the Cardmember/CompanyCardholder’s relevant Card Account for the amount paid by RHB Islamic Bank for such purchase.
3.3 In addition to 4.4 Notwithstanding the provision set out in Clause 3.24.3, the Cardmember/Company Cardholder hereby unconditionally authorises authorizes RHB Bank:
(a) Islamic Bank to purchase his/her/its his unsigned sales drafts; and
(b) to drafts or cash withdrawal drafts and debit his/her/its his Card Account for the repayments payments made by RHB Islamic Bank to the Merchant or VISA Member Bank for such purchase, if, if RHB Islamic Bank is of the opinion based on satisfactory documentary evidence, RHB Bank determines that the omission is due to:
(i) to the nature of the transaction; or
(ii) transaction or due to an oversight on the part of the Cardmember/Company Cardholder and/or the Merchant.
3.4 Unless there is , VISA Member Bank or otherwise shall be binding and conclusive on the Cardholder. For the purpose of this Clause 4.4, any manifest error:
(a) any such determination by RHB Islamic Bank whether such omission is due to the nature of the transaction or due to an oversight on the part of RHB Islamic Bank is binding and conclusive on the Cardmember/Company; andCardholder.
(b) 4.5 RHB Islamic Bank may shall be entitled to treat its RHB Islamic Bank’s record of any transaction carried out using effected by the use of the Card including but not limited to transactions carried out effected through the internet, mail orders, telephone internet or any other means acceptable to RHB Islamic Bank in its discretion from time to time) , or by mail orders via telephone, as evidence of a debt properly incurred by the Cardmember/Company Cardholder to be debited to the relevant Card Account. This is applicable irrespective of whether or not Account notwithstanding that any such record contains may not contain any signature of the Cardmember’s signatureCardholder.
3.5 4.6 RHB Islamic Bank will, having evaluated the financial condition, the accounts and other financial documents in respect of the potential Company furnished to RHB Bank, shall at its discretion assign a Card Limit to the relevant Card Account that must be strictly observed by the Cardmember/CompanyPrincipal Cardholder and the Supplementary Cardholder.
3.6 4.7 Notwithstanding the Card Limit, a Cardholder is only allowed to use the Card for any Cash Advance provided the amount of the Cash Advance does not exceed fifty percent (50%) of the available Card Limit or such other limit as determined by RHB Islamic Bank at its discretion from time to time.
4.8 If the Company Principal Cardholder operates two (2) or more Card Accounts, a combined Card Limit will be assigned to the Card Accounts representing the total credit limit extended to cover the use of all Cards held by the CompanyPrincipal Cardholde r and the Supplementary Cardholder.
(a) 4.9 Notwithstanding the fact that the assigned Card Limit and a combined Card Limit shall have been set for the relevant Cardholder, RHB Islamic Bank may at any time at its discretion vary such a limit or restrict or refuse or withhold the Card Limit:
(i) by decreasing the Card Limit Cardholder’s credit by giving notice at least twenty-one three (213) calendar business days to the Cardmember/Company Cardholder and stating in the notice the reason(s) for such decrease;
(ii) upon RHB Bank’s receipt of the Company’s request for such variation, including the Company’s request for a temporary Card Limit increase under Clause 3.8; or
(iii) upon RHB Bank’s annual review of the Company’s credit standing, by increasing the Card Limit upon the Company’s acceptance of RHB Bank’s offer for such increase within thirty (30) calendar days from such offer.
(b) If the Cardmember/Company is not agreeable to such variation, the Card may be cancelled in accordance with Clause 2.6.
(c) Activation, retention or use of the Card after the effective date of such variation will constitute the Cardmember/Company’s acceptance of such variation.
(d) The Cardmember/Company agrees Cardholder hereby acknowledges and confirms that RHB Islamic Bank will shall not be liable for in any lossesmanner whatsoever to the Principal Cardholder and/or the Supplementary Cardholder, expenses or claims suffered by or brought against the Cardmember/Company as a result of RHB Islamic Bank exercising its rights under this Clause 3.7 due to the Cardmember/Company’s act, omission, default, negligence and/or misconduct4.9.
(a) Except for stand4.10 An over-in processing transactionsthe-limit fee of RM53 per occurrence may be imposed whenever the Total Outstanding Balance exceeds the combined card limit if it is du e to an over-the-limit transaction, interests and/or fees imposed by RHB Bank and auto-provided that the Cardholder consents to it. However, the auto- debit transactions which do not require transaction is exempted from having to obtain the Cardmember/CompanyCardholder’s consent, request from or consent . In the event of the Cardmember/Company is required for a temporary Card Credit Limit increase or an over- over -the-limit transaction is being requested by Cardholder, consent to the over-the-limit transaction.
(b) If transaction is required to be given to the Cardmember/Company Bank. Where the Cardholder fails to settle the temporary Card Credit Limit used (including within the specified period, an over -the- limit fee may be imposed should the Total Outstanding Balance exceeds the combined card limit due to the temporary Card Credit Limit used in auto-debit transactions) within the specified period, an over-the-limit fee of RM50 per occurrence will may be imposed if should the total outstanding balance Total Outstanding Balance exceeds the combined Card Limit card limit due to the temporary Card Credit Limit transaction.
(c) However, no over-the-limit fee may be imposed if the total outstanding balance exceeds the combined Card Limit due to any stand-in processing transaction and/or any interests and/or fees imposed by RHB Bank.
(d) The Cardmember/Company . Cardholder may contact RHB Customer Contact Care Centre to withdraw the consent. The withdrawal of the over-the-limit consent is subject to the Cardmember/Company Cardholder not exceeding the combined Card Limit card limit at the point of request.
(a) 4.11 RHB Islamic Bank is shall not be liable for any mistake, error, act or omission on the part of the Merchant which is not due to the act, omission, default, negligence and/or misconduct on the part of RHB Bank and/or any of its employees, representatives and agents, including but not limited to any refusal by the Merchant to honour honor the Card or any defect or deficiency in any goods or services provided by the Merchant and or any statement, representation or communication made by or purportedly made by the Merchant.
(b) . The Cardmember/Company is to Cardholder shall resolve all complaints, claims, claims and disputes and/or or legal proceedings against the Merchant arising from any such error, act or omission on the part of the Merchant which is not due to the act, omission, default, negligence and/or misconduct on the part of RHB Bank and/or any of its employees, representatives and agents directly with the Merchant and not through RHB Islamic Bank.
(c) . The Cardmember/Company agrees Cardholder undertakes not to include enjoin RHB Islamic Bank in any such claim, claim and/or dispute and/or or legal proceedings against the Merchant.
(d) . Any complaint, claim, /dispute and/or legal proceeding which the Cardmember/Company Cardholder may have against the Merchant will shall not relieve the Cardmember/Company Cardholder of the obligation to pay RHB Islamic Bank the amount amou nt incurred on the Card at such times and in the manner as provided under this Agreement.
(e) If there is any dispute, 4.12 The Cardholder may apply to use the Cardmember/Company may refer such dispute Card to effect ATM transaction. Such usage will be subject to RHB Customer Contact Centre or Customer Advocacy. The Cardmember/Company may reach out Islamic Bank’s termsandconditionsforATMtransactionthatarein force from time to time and/or the terms and conditions of the participating VISA Member Bank which are in force from time to time in addition to the Ombudsman for Financial Services for any further disputeTerms and Conditions in this Agreement.
(a) If 4.13 The Cardholder agrees that where the Cardmember/Company Cardholder enjoys other banking facilities with RHB Islamic Bank and if an event in the opinion of default (or any event having a similar effect) under RHB Islamic Bank, if any of the other banking facilities or this Card facility occurs or is threatenednot conducted in a manner satisfactory to RHB Islamic Bank, RHB Islamic Bank may suspend is entitled at its discretion without any liability whatsoever to suspend, cancel or cancel recall the Card by giving notice to the Cardholder and without the need to assign any reason whatsoever thereto. In the event RHB Islamic Bank suspends, cancels or recalls the Card, the provisions of Clauses 11.4 and 11.5 shall apply in accordance the same way with Clause 10.2the necessary changes, being varied according to the circumstances of the case.
4.14 The Cardholder agrees with and warrants to the Bank that the Card issued to the Cardholder, including any Supplementary Card(s) issued under the Card Account:
a) It will be used only for purposes permitted by Shariah and only for the purchase of halal or Shariah -approved goods and services, businesses and premises. The Cardholder agrees that RHB Islamic Bank’s and/or its Group Shariah Committee’s decision onwhether such goods and services are Shariah compliant shall be conclusive for purposes of this Agreement a nd shall not be used for or in connection with any unlawful activity or non- halal activity or purpose (including without limitation online gambling), whether in whole or in part.
b) If RHB Bank suspends or cancels the use of the Card contravenes Clause 4.14(a) above, any and all payments for such purposes made by the Cardholder with the Card are liable to be rejected and thereafter, all Card, Clauses 10.4 and 10.5 apply. (whether Principal Card and/or Supplementary Card, issued under the Card Account shall be terminated, without any liability on the part of RHB Islamic Bank.
c) The Cardmember/Company may contact RHB Customer Contact Centre or visit any branch of RHB Bank if he/she/it would like to have further information on such suspension or cancellation.
(c) The Cardmember/Company agrees Cardholder undertakes to indemnify and hold harmless RHB Islamic Bank, its officers, directors and employees from and against any and all losses, claims, damages, liabilities, obligations, costs, fees and expenses whatsoever (including legal fees) incurred that are causedbyand/or suffered arisingfromtheCardholder’sbreach of this provision.
d) Without prejudice to Clause 4.14(b) herein, if the Cardholder uses the Card for purposes prohibited by the Shariah or for the purchase of non -halal or non Shariah approved goods or services at businesses or premises, such Cardholder shall nevertheless be fully liable to pay RHB Islamic Bank the amount due in respect of such uses or purchases in accordance with this Agreement and the Cardholder hereby expressly agrees and undertakes that he will not plead such user as a defence to a claim for payment of the amounts due to the Cardmember/Company’s breach RHB Islamic Bank or otherwise rely on it to refuse payment of Clause 3.11amounts due.
Appears in 1 contract
Sources: Credit Card Agreement