TERMS & CONDITIONS
Synergy Cards Sdn Bhd
MasterCard/VISA Cardmember Agreement
1.0 Definitions & Interpretation
1.1 Unless the context otherwise requires, the following terms have the meanings ascribed hereunder for the Terms & Conditions Governing the use of Synergy MasterCard/VISA and the Terms & Conditions On Line of Credit Offered by FI:
Business Day means any day (excluding Saturdays) on which commercial banks in Kuala Lumpur are open for business.
Card means such MasterCard/VISA card (with such ancillary functions as may be provided from time to time by the Company on its own or in conjunction with its associates or affiliates) issued or to be issued by the Company to existing or prospective Cardmember(s) including MasterCard/VISA card(s) issued to Supplementary Cardmember(s).
Cardmember means any individual named on a Card include Supplementary Cardmember (if any).
Card account means the Cardmember’s account with Company which facilitates Charges incurred over and above the Line of Credit Limit (where applicable).
Charges means all charges incurred by the Cardmember (including any Supplementary Cardmembers) through the use of the Card and includes the joining fee and annual fees (if any), any late payment charges and cash advances.
Company means Synergy Cards Sdn Bhd (Company No. 684518-T) a company incorporated in Malaysia and having its registered office at Level 2, East Wing, Wisma Synergy, No. 72, Pesiaran Jubli Perak, Seksyen 22, 40000 Shah Alam, Selangor Darul Ehsan and includes its successors in title and assigns.
Excess Limit means the total outstanding amount owing in the Card Account that exceeds the Line of Credit Limit.
FI means AmBank (M) Berhad, a company incorporated in Malaysia and having its registered office at Level 30, Menara AmBank, No. 8, Jalan Yap Kwan Seng, 50450 Kuala Lumpur.
Interest Free Period means Minimum Twenty (20) days from the Posting Date.
Line of Credit means the revolving credit facility provided by FI to the Cardmember upon its terms and conditions and in conjunction with the use of Card(s) herein described.
Line of Credit Account means the Cardmember’s account with FI for the Line of Credit provided by FI.
Line of Credit Agreement means the Agreement between the Cardmember and FI on the use of the Line of Credit.
Line of Credit Due Date means the date on which the Cardmember is to pay the total amount owing or the Minimum Repayment as stated in the Statement of Line of Credit Account.
Line of Credit Limit means the limit of indebtedness allowed within the Line of Credit provided to the Cardmember by FI as it may prescribe from time to time.
Merchant(s) means those establishment(s) which have agreed to accept the Card for the purchase of its goods and services by the Cardmembers.
Minimum Repayment means the sum indicated in the Statement of Line of Credit Account as the minimum amount due from the Cardmember.
PIN means the Personal Identification Number provided to the Cardmember or any Supplementary Cardmember for use in conjunction with the Card.
Posting Date means the date on which the transactions are posted to the Cardmembers Line of Credit Account.
Prescribed Rate means the interest payable under Clause 15 of the “Terms and Conditions on Line of Credit offered by FI”.
Statement of Card Account means the statement containing all transactions posted to the Cardmembers’ Card Account with the Company and sent to the Cardmember monthly or at such other intervals, as the Company deems fit.
Statement of Card Account Date means the date on which the Company issues the Statement of Card Account.
Supplementary Cardmember means a person who is an approved nominee of the Cardmember under the account of a Cardmember and is or has been approved to hold a Card issued by Company.
Statement of the Line of Credit Account means the monthly statement issued by FI in respect of the amounts owing under the Line of Credit Account given to the Cardmember. FI at its absolute discretion may or may not send out any statement if there is no outstanding amount payable to FI and there are no transactions for any particular month.
Statement of Line of Credit Account Date means the date on which FI issues the Statement of the Line of Credit Account.
1.2 These Terms and Conditions are governed by the laws of Malaysia.
1.3 Words importing the singular number imply plural number and vice versa.
1.4 Words importing the masculine gender include feminine and neuter genders.
1.5 Words implying a person also imply a partnership, firm or corporation.
1.6 The headings to the Terms and Conditions hereof shall be ignored in the interpretation thereof.
2.0 Acceptance of terms and conditions
2.1 By the issuance of the Card to the Cardmember, the Company agrees to make available the facilities of the Card to the Cardmember subject to these Terms and Conditions (as may be varied by the Company from time to time).
2.2 On receipt of the Card, the Cardmember shall immediately sign at the relevant signature panel on the Card and by his use of the Card thereof, the Cardmember agrees to be fully bound by these Terms and Conditions.
2.3 The Cardmember agrees to comply with all the requirements, directions, instructions and guidelines for the use of the Card as set out here in this agreement.
2.4 In the event the Cardmember do not agree to be bound by this agreement, the Cardmember shall cut the Card into half and in the case of the Principal Cardmember, procure the Supplementary Cardmember (if any) to cut the Supplementary Card in half and return the same to the Company with a notice of this. The Cardmember shall continue to be bound by the Terms and Conditions set out in this agreement and be liable to for all obligations incurred prior to such cancellation.
3.0 Covenants by Cardmember
3.1 The Cardmember covenants with the Company as follows:
(a) that only the Cardmember shall be entitled to transact on the Card issued to the Cardmember’s name with Merchants;
(b) that the Card shall not be used for any unlawful activities including but not limited to illegal online gambling. In the event the Company shall discover that the Card is or was used for such unlawful activities, the Company reserves the right without any liability whatsoever to suspend, cancel or withdraw the Card without prior notice to the Cardmember and without the need to assign any reason whatsoever thereto.
(c) the Company may at its absolute discretion either request the Cardmember to collect the PIN personally or mail the PIN to the Cardmember at the Cardmember’s sole risk;
(d) at all times to exercise all possible care to ensure the safety of the Card and the confidentiality of the PIN;
(e) to notify the Company immediately (such notification to be confirmed in writing forthwith) if the Card is lost or stolen and/or if the PIN is compromised or revealed to any unauthorised person, in order to mitigate the losses to the Cardmember;
(f) if a Card reported lost is subsequently recovered, the Cardmember shall immediately return such Card cut in half, to the Company;
(g) to notify the Company promptly in writing of any change to the particulars of the Cardmember [and/or any Supplementary Cardmember(s)] as given to the Company in connection with the Cardmember’s application for the Card and to further provide the Company with any other details as the Company may request from time to time; and
(h) for security reasons the Cardmember is required to inform the Company prior to his/her travel date. Failure to inform the Company of such travel dates and destination countries may result in disruption of the use of the Card;
(i) generally to comply with all other conditions for the use of the Card as may from time to time be imposed by the Company.
4.0 Withdrawal/Suspension of use of the card
4.1 All Cards are the property of the Company who is entitled at any time at its absolute discretion to withdraw the Card or suspend its use or otherwise refuse any charges in whatever circumstances as the Company may absolutely deem fit without prior notice and in the happening of events as described in clause 7.5 hereof.
4.2 The Cardmember hereby agrees to indemnify the Company and hold it harmless against any claims or demands whatsoever arising directly or indirectly from the withdrawal of the Card including any purported claim for defamation or for any losses whatsoever.
4.3 Upon the Company’s request but subject to clause 12.2 hereof, the Cardmember shall immediately return to the Company all Cards cut in half.
4.4 Without prejudice to his rights under clause 12.2 hereof, the Cardmember may terminate this agreement by returning the Card cut in half, to the Company and until the Card so cut in half is received by the Company, the liabilities of the Cardmember and any Supplementary Cardmembers shall continue.
4.5 Termination of this agreement by whichever party shall not affect the liability of the Cardmember and the Supplementary Cardmembers for all charges, cash advance and any other monies or fees incurred prior to the date of the receipt of the Cardmembers’ Cards cut in half.
4.6 The Company is further entitled to refuse to renew any Card upon its expiration without assigning any reason.
5.0 Payment Obligations of Cardmembers
5.1 Notwithstanding any provisions herein and notwithstanding any legal limitation, disability or incapacity of the Cardmember or any Supplementary Cardmembers, the Cardmember shall be fully liable for all transactions effected through the Card and the PIN, whether with or without the Cardmember’s knowledge or authority.
5.2 Where Supplementary Card has been issued at the Cardmember’s request, the Cardmember and the Supplementary Cardmember shall in consideration of the Company issuing such Supplementary Card to be jointly and severally liable to the Company for all charges incurred in respect of the Supplementary Card issued to the Supplementary Cardmember and the Company may collect from or sue either the Cardmember and/or the Supplementary Cardmember for the full outstanding balance related to the Supplementary Card without prejudice to any other rights or remedies available to the Company.
5.3 The Company shall hold the Supplementary Cardmember jointly or severally liable for the charges incurred by the Cardmember or other Supplementary Cardmember(s).
6.0 Disclaimer of Liability by company
6.1 The Company shall not be liable to the Cardmember in any manner whatsoever for any goods and services purchased from any Merchant by the Cardmember with the Card. Any disputes in relation to such transactions shall be dealt with directly between the Cardmember and the Merchant.
6.2 The Cardmember will exempt the Company from all liability whatsoever if the Card is not accepted by any Merchant.
6.3 The Company disclaims all liability whatsoever for any failure to perform any obligations under these Terms and Conditions howsoever such failure may arise, and regardless whether such failure is within or outside the Company’s control.
7.0 Terms of payment
7.1 Notwithstanding Clause 7.2 below, the Cardmember must pay to the Company the full amount stated in the Statement of Card Account immediately upon receipt of the Statement of Card Account or within such time as may be specified therein.
7.2 The Cardmember irrevocably authorises the Company to seek payment from FI by debiting the Line of Credit Account for all Charges and cash advances incurred by the Cardmember as contained in the Statement of Card Account. In the event that there shall be insufficient funds in the Line of Credit Account to meet all Charges, the Cardmember shall settle all such outstanding Charges, with the Company immediately or upon demand and within such time as stipulated in the demand.
7.3 Time is of the essence in respect of the performance of all of the Cardmember’s payment obligations.
7.4 If full payment is not received by the Company by the next Statement of Card Account Date the Cardmember shall pay to the Company (as well after or before any court order or judgment) late payment charges on the unpaid balance at a rate of 0.082 % per day or any such other rates as may be prescribed by the Company from time to time until full realization.
7.5 Notwithstanding any provisions herein, the Cardmember shall be immediately liable to pay fully any amount then outstanding to the Company in any of the following events:
(a) if the Card or its use is withdrawn;
(b) upon the presentation of a bankruptcy petition against the Cardmember or upon presentation of a winding-up petition in the case of a corporate Cardmember;
(c) upon the death of the Cardmember or upon the liquidation of the Cardmember in case of a corporate Cardmember; or
(d) on the termination of this agreement for any reason whatsoever.
7.6 The Cardmember must not withhold payment of any sums due to the Company under any circumstances whatsoever.
7.7 The Company shall be entitled, at the Cardmember’s sole expense, to appoint an agent(s) to collect any sums due to the Company from the Cardmember.
8.0 Cash advances
8.1 Where applicable, cash advances may be obtained by the Cardmember from any licensee of MasterCard International Incorporated/VISA International Service Association through the use of the Card at designated locations and/or Automatic Teller Machines in and outside Malaysia and only upon there being sufficient available funds in the Line of Credit Account.
8.2 Any cash advances to the Cardmember shall be directly debited at the Line of Credit Account with FI.
8.3 If any of the amount disbursed under any cash advances can not be debited to the Line of Credit Account with FI due to whatever reason, such amount may be assigned by the licensee of MasterCard International Incorporated/ VISA International Service Association who has disbursed such amount to the Cardmember, to the Company and in such event, the Cardmember shall accept that any provision for such amount in the Statement of Card Account as the amount payable by the Company to such party for such assignment shall constitute a valid and proper notice of the assignment by the said authorized party, and that such amount paid by the Company to the said authorized party shall be subject to the operation of clauses 5.1, 5.2, 5.3, 7.1, 7.2, 7.3, 7.4, 7.5, 7.6, and 7.7 hereof.
9.0 Foreign charges & currency
9.1 All Charges shall be paid by the Cardmember to the Company in Ringgit Malaysia or the lawful currency of Malaysia at the material time.
9.2 Any Charges incurred otherwise than in Ringgit Malaysia shall be converted into United States Dollars and then converted into Ringgit Malaysia at the then prevailing exchange rates at the respective processing centre.
10.0 Credits From Merchants
10.1 Subject to receipt of a properly issued credit slip, the Company may credit any Statement of Card Account for refunds by Merchants in favour of the Cardmember.
10.2 If available, copies of the properly issued credit slips will be provided to the Cardmember upon request and at the Cardmember’s cost.
11.0 Service Fees, costs & charges
11.1 In consideration of the services provided, the Cardmember shall pay the Company one time joining fee and annual fees at such rates as the Company may from time to time determine.
11.2 For any cash advance obtained, the Cardmember shall pay the Company a service charge of 4.0% of the amount advanced or Ringgit Malaysia Forty (RM40.00) whichever is higher.
11.3 The Cardmember shall pay to the Company 1.5% of the converted amount billed to the Cardmember as service charge for any transactions denominated in foreign currency.
11.4 In the event of any Excess Limit, the Cardmember shall pay to the Company a fee of 2% or Ringgit Malaysia Fifty (RM50.00) whichever is higher, on the outstanding balance that exceeds the Line of Credit Limit.
11.5 The Company shall at the request of the Cardmember replace the Card at Ringgit Malaysia Fifty (RM50.00) excluding costs of mailing or delivery of the replacement Card to the Cardmember who shall bear such costs on his own, or at such other rates as may be prescribed by the Company from time to time. No card replacement service charge shall be levied if the Card is faulty through no fault of the Cardmember.
11.6 The Cardmember shall pay the Company in full all costs including legal costs on a solicitor and client basis in recovering any monies under the Statement of Card Account.
11.7 If available, copies of Statement of Card Account will be provided to the Cardmember upon request at a charge of Ringgit Malaysia Five (RM5.00) per copy.
11.8 Subject to availability, copies of the sales draft will be provided to the Cardmember upon request at a charge of between Ringgit Malaysia Ten (RM10.00) to Ringgit Malaysia Forty (RM40.00) per copy, depending on cost incurred by the Company.
11.9 Any costs or charges due from the Cardmember shall be reflected in the Statement of Card Account as part of the Charges incurred by the Cardmember and shall be paid by the Cardmember to the Company accordingly. Any costs or charges paid by the Cardmember shall not be refundable under any circumstances.
11.10 The Company may at its discretion set-off any costs and/or charges payable by the Cardmember against any remaining money paid by the Cardmember.
12.0 Lost card and the replacement of lost card
12.1 The Cardmember shall take all reasonable precautions to prevent loss of Card or unauthorised use of the Card or the disclosure of the PIN to any person under any circumstances or by whatever means.
12.2 In the event of any loss of Card or disclosure of the PIN to any unauthorised person, the Cardmember shall immediately notify the Company in writing.
12.3 The Cardmember shall be liable for all transactions incurred from the loss of the Card or unauthorised use of the Card until a written report of the loss or unauthorised use has been received by the Company.
12.4 The Cardmember’s liability for any unauthorised transactions as a consequence of a lost Card shall be limited to a sum as specified by the Company not exceeding Ringgit Malaysia Two Hundred Fifty (RM250.00) PROVIDED the Cardmember has not acted fraudulently or has not failed to inform the Company as soon as reasonably practicable after having found that his/her Card is lost.
12.5 The Card may be replaced only at designated offices or by authorised agent(s) of the Company upon the terms set out herein.
12.6 The Company is at liberty to refuse:
(a) to replace any lost or withdrawn or cancelled Card, and
(b) to renew any expired Card.
12.7 If the Card is damaged due to the fault of the Cardmember, the Company shall at the Cardmember’s request, replace the Card after retrieval of the original card for cancellation and after receipt of the payment of the card replacement service charge (if any) as stated in clause 11.6 hereof.
13.0 Conclusiveness of evidence
13.1 The Cardmember hereby covenants with the Company to accept as final and conclusive evidence against the Cardmember in any legal proceedings and for all other purposes whatsoever:
(a) the Statement of Card Account issued by the Company, as conclusive evidence of the Cardmember’s indebtedness to the Company; and
(b) a certificate from a manager of the Company as conclusive evidence of the issue whether due notice of any matter arising out of these Terms and Conditions has been given to the Cardmember.
13.2 Subject to availability and without prejudice to Clause 13.1 hereof, the Company will endeavour to furnish copies of the sales slips to the Cardmember at the Cardmember’s request and cost.
14.0 Variation or addition of terms and conditions
14.1 The Company may vary and/or add to any of these Terms & Conditions (including but not limited to quantum of any fees charged by the Company) at any time and from time to time by written notice to the Cardmember. Such changes shall be effective on the date specified by the Company.
14.2 If the Cardmember does not accept any variations and/or additions to these Terms and Conditions as notified from time to time, the Cardmember may terminate this agreement by written notice to the Company accompanied by the return of the Card cut in half.
14.3 If the Cardmember uses the Card after the effective date of any variation and/or addition to these Terms and Conditions, the Cardmember shall be deemed to have completely accepted and shall be fully bound by such variations and/or additions.
15.0 Notices
15.1 Any statements notice or other communication referred to in these Terms and Conditions shall be deemed to have been duly received by the Cardmember if left at or sent by ordinary post or registered post to his address specified herein or to his last known address or advertised in any media decided by the company.
15.2 Services of any notices or legal process shall be deemed to have been effected and duly served on the date of delivery if made by hand or in the case of ordinary post or registered post, on the second Business Day after posting to the Cardmember or Supplementary Cardmember at the address specified herein or at the last known address notified to the Company or on the date of any advertisement in any media decided by the Company.
15.3 Legal process shall mean all forms of originating process, pleadings, writ of summons, summons, interlocutory applications of whatever nature, affidavits, orders and such documents, other than the aforesaid, which are required to be served under any legislation or subsidiary legislation.
15.4 No change in the address for service howsoever brought about shall be effective or binding on the Company unless actual notice of such change has been given to the Company.
16.0 Consent to disclosure of information
16.1 The Company may at any time without liability to the Cardmember disclose any information concerning the Cardmember and/or any transactions undertaken through the use of the Card to:
(a) any authorities, Merchant, FI and any member institution of MasterCard International Incorporated/VISA International Service Association;
(b) any associate or related companies of the Company, its agents, servants and/or such persons as the Company may absolutely deem fit.
16.2 The Cardmember hereby consents to the Company seeking any information concerning the Cardmember and/or the Supplementary Cardmember(s) from any authorities, Merchant, FI or such other person(s) as the Company may from time to time deem fit.
17.0 Miscellaneous
17.1 If any provision hereof is held to be illegal, invalid or unenforceable under present or future laws, such provision shall be fully severable and the remaining Terms & Conditions shall remain in full force and effect and shall not be affected by the illegal, invalid or unenforceable provision or by its severance here from. In lieu of such illegal, invalid or unenforceable provision there shall be added automatically as part hereof a provision (to be determined by the Company) that is similar in terms to such illegal, invalid or unenforceable provision that is legal, valid and enforceable so as to give effect to the intent of the parties hereunder.
17.2 The Company is entitled to assign any receivables from the Cardmember to the Company to such parties and upon such terms as it may absolutely deem fit.
17.3 The Company may at any time and its sole discretion with or without notice given to the Cardmember, suspend or withdraw any benefits or services which may have been extended to the Cardmember upon the issuance of the Card to him/her without charge.
17.4 The Cardmember and the Supplementary Cardmember agree to submit to the jurisdiction of the Courts at Kuala Lumpur or Shah Alam or such other convenient forum as may be decided by the Company.
17.5 No failure or delay by the Company in exercising any right, power or privilege under these Terms and Conditions shall operate as a waiver thereof or affect the Cardmember’s liability to the Company nor shall any single or partial execution of any right, power or privilege hereby conferred preclude any further or subsequent exercise thereof or the exercise of any other right, power or privilege hereby conferred.
17.6 The obligations of the Cardmember shall be binding on the Cardmember’s legal representatives or successors in title.
17.7 In the event of any discrepancy or inconsistency in the interpretation of these Terms and Conditions, and any translation of it in any language, the English version of these Terms and Conditions shall prevail.
Terms And Conditions On Line Of Credit Offered By FI
1. Terms and Conditions
By the use of the Card, the Cardmember accepts FI’s offer of a Line of Credit up to the Line of Credit Limit upon the terms and conditions hereafter appearing.
2. Purpose
The Line of Credit shall be utilised solely for the settlement of all charges, fees, interest, late payment charges or other costs and incidental expenses and, where applicable, cash advances incurred by the Cardmember or his Supplementary Cardmember(s) to FI and/or Company.
3. Authority
The Cardmember hereby authorises FI to disburse from the available funds in the Line of Credit, such amount as FI in FI ’s discretion deems fit, to settle with Company, charges, fees, interest, late payment charges or other costs and incidental expenses and, where applicable, cash advance incurred by the Cardmember or his Supplementary Cardmember(s) as and when such charges, fees, interest, late payment charges or other costs and incidental expenses and, where applicable, cash advances are incurred.
4. Disbursements
The disbursements referred to in Clause 3 above will be released directly to Company. The FI shall not be concerned with the adequacy, propriety or genuineness of any charge, cash advances, fees, late payment charges or other costs or incidental expenses for which disbursement is made to Company. Any dispute relating to such matters shall be between Company and the Cardmember, and shall not in any way affect or prejudice the Cardmember 's obligations to repay FI under these Terms and Conditions.
5. Refusal
a) The FI shall be entitled at any time to refuse without giving any prior notice to the Cardmember, any disbursement from the Line of Credit upon any of the following occurrences:-
i) the Cardmember fails to pay the Minimum Repayment by the Line of Credit Due Dates; or
ii) the Cardmember fails to pay any monies owing to FI under these Terms and Conditions; or
iii) the Cardmember is in breach of any of the provisions of these Terms and Conditions; or
iv) the Line of Credit is suspended, terminated or withdrawn; or
v) an event has occurred or a situation existing relating to the Cardmember which could or might in the opinion of FI prejudice the ability of the Cardmember to perform his obligations under these Terms and Conditions or prejudice the repayment of any monies owing by the Cardmember to FI.
b) In the event that the Line of Credit Limit has been reached or exceeded, FI shall be entitled to refuse any disbursement from the Line of Credit, without any prior notice being given to the Cardmember .
c) The FI will not be liable for any loss or damage to the Cardmember if FI refuses to allow any disbursement from the Line of Credit pursuant to Clause 5(a) or (b) above.
6. Withdrawal
In the event that the Cardmember (including any Supplementary Cardmember) holds the Card by virtue of the Cardmember having a RM50,000 fixed deposit account with FI, then the Cardmember agrees:-
a) that the Cardmember must at all times maintain with FI a minimum balance of Ringgit Malaysia Fifty Thousand (RM50,000) in the fixed deposit account, in the Cardmember’s name or such other minimum balance as FI may determine from time to time.
b) if at any time the Cardmember’s balance in the fixed deposit account falls below the required minimum of Ringgit Malaysia Fifty Thousand (RM50,000), FI shall withdraw the Line of Credit with immediate effect without any notice to the Cardmember(s).
7. Payment
The Cardmember shall, upon receipt of any Statement of Line of Credit Account, pay either the total amount owing under the Line of Credit or the Minimum Repayment stipulated in the Statement of Line of Credit Account by the Line of Credit Due Date. Payment Made shall be the highest of the following :-
a) Five per centum (5%) of the total amount owing under the Line of Credit Account as stated in the Statement of Line of Credit Account plus the Minimum Repayment amount(s) due and unpaid as shown in preceding Statement(s) of Line of Credit Account, if any; OR
b) Where the total amount owing by the Cardmember has exceeded the Line of Credit Limit, such amount in excess of the Line of Credit Limit plus five per centum (5%) of the Line of Credit Limit plus the Minimum Repayment amount(s) due and unpaid as shown in preceding Statement of Line of Credit Account OR
(c) Such other amount as may be stipulated in the Statement of Line of Credit Account by FI; PROVIDED ALWAYS that the Minimum Repayment shall not be less than RM50.00.
8. Interest
a) Notwithstanding any other provision herein contained, the Cardmember shall, where applicable, pay the interest at the Prescribed Rate for all cash advances from the date of cash advance until full payment is received and credited into the Cardmember 's Line of Credit Account.
b) Interest at the Prescribed Rate shall be computed on Charges commencing from expiry of the Interest Free Period. Charges shall be allowed an interest free period of at least twenty (20) days from the Posting Date regardless of the amount owing under the Line of Credit Account.
c) Interest at the Prescribed Rate shall be charged on the transactions referred to in Clauses 8(a) and (b), above and shall continue to be charged and payable by the Cardmember until full payment is received and credited to the Cardmember 's Line of Credit Account.
9. Full Payment
Notwithstanding anything to the contrary, the Cardmember shall on demand by FI repay in full all monies disbursed under the Line of Credit together with all interest and other monies payable to FI under these Terms and Conditions.
10. Payment Centre
Payments are to be made at the centres notified by FI from time to time and at any time.
11. Acceptance of Partial Payments
Acceptance of late payments or partial payments shall not operate to prevent FI from invoking any and all common law rights against defaulting Cardmembers or any other rights and remedies FI may have under these Terms and Conditions.
12. Appropriation
All monies received by FI from the Cardmember shall be applied and appropriated at the discretion of FI and unless otherwise appropriated by FI shall be applied in the following order:-
a) all costs and expenses incurred in obtaining payment and other charges;
b) late payment interest;
c) interest;
d) repayment of principal monies according to the date of disbursement, the earlier being repaid first.
13. Duration
The Line of Credit will continue, unless sooner terminated under these Terms and Conditions throughout the validity of the Cardmember 's Card including any renewal thereof but shall determine immediately upon the termination of the Cardmember 's Card.
14. FI 's Review
The FI has the absolute discretion to review from time to time the Line of Credit granted to a Cardmember and FI may at any time and from time to time at its absolute discretion determine, vary, decrease or increase, suspend or terminate the Line of Credit.
15. Prescribed Rate
a) The Prescribed rate will be the interest rate reflected in the Statement of Line of Credit Account.
b) The FI shall be entitled at its absolute discretion by giving prior notice to the Cardmember, vary the Prescribed Rate at any time and from time to time.
c) Interest at the Prescribed Rate is also payable on the judgement sum after the date of any judgement obtained against the Cardmember.
16. Capitalisation
Interest on any principal monies disbursed, late payment interest and all costs, charges and incidental expenses under the Line of Credit shall at the Statement of Line of Credit Account Date be capitalised and added for all purposes to the total outstanding amount then owing under the Line of Credit and shall thereafter bear interest at the Prescribed Rate.
17. Late Payment Interest in Default of Minimum Repayment
If the Cardmember defaults in the payment of the Minimum Repayment by the Line of Credit Due date, the Cardmember shall in addition and without prejudice to the power, rights and remedies of FI pay to FI late payment interest rate of one per cent (1%) per month or such other rate as FI may prescribe from time to time on the Minimum Repayment or Ringgit Ten (RM10.00) whichever is higher from the date of default until full payment.
18. Late Payment Interest Upon Termination
Upon termination of the Cardmember 's Line of Credit, the Cardmember shall in addition and without prejudice to the power, rights and remedies of FI, including but not limited to the right to recover the total amount owing under the Line of Credit, interest at the Prescribed Rate and late payment interest pursuant to Clause 17 above, pay FI late payment interest at the rate of one per centum (1%) per annum or such other rate as FI may prescribe from time to time on the total amount owing by the Cardmember under the Line of Credit.
19. Convenant on Interest
The obligation to pay interest at the Prescribed Rate and late payment interest are independent obligations and accordingly shall be applicable whether before or after judgment, and shall not merge with the judgment.
20. Termination
All monies due and owing by the Cardmember hereunder shall at the option of FI become immediately due and payable without prior notice upon any of the following occurrences
a) the Cardmember failing to perform and/or to observe any of the Terms and Conditions herein; OR
b) the Company suspending, terminating or withdrawing the Cardmember 's rights to use the Card; OR
c) the Cardmember dies, insane or becomes insolvent, committing an act of bankruptcy, or in the case of the Cardmember being a company, a petition is presented for its winding up or a resolution is passed for its voluntary winding up; OR
d) the Cardmember failing to pay any other indebtedness owed to FI when due; OR
e) if in the opinion of FI, the Cardmember 's Line of Credit with the Line of Credit Provider (including any other account the Cardmember may have with FI or any other institutions) is or has not been operated satisfactory and/or if the Cardmember commits or threatens to commit a default of any provision of any agreement, or security documents, or both (as the case may be), relating to other accounts or loan facilities granted by FI or any other institutions to the Cardmember or other party in which the Cardmember is a guarantor, or chargor or assignor; OR
f) any order for execution, writ of attachment, garnishment, injunction or any other legal proceeding is issued against the Cardmember; OR
g) an event has occurred or a situation exists which could or might in the sole and absolute opinion of FI:
i) prejudice the ability of the Cardmember to perform his obligations herein; OR
ii) prejudice the repayment of the Line of Credit or the repayment of the Minimum Repayment.
h) Notwithstanding the above, upon termination of the Card(s) any credit balance below RM10.00 shall be absorbed by FI as administrative fees.
20A. Suspense Account
Any money received by FI may be placed and kept to the credit of a non-interest bearing suspense account for so long as the FI thinks fit without any obligation in the meantime to apply the same or any part thereof in or towards discharge of any money or liabilities due or incurred by the Cardmember to it. Notwithstanding any such payment, the FI may prove and agree to accept any dividend or composition in respect of the whole or part of such monies or liabilities in the same manner in the event of any proceeding of bankruptcy, liquidation, winding up, composition or arrangement has been proceeded against the Cardmember.
21. Consolidation
The FI may at any time by giving prior notice to the Cardmember, combine or consolidate all or any of the accounts including deposit and saving accounts the Cardmember may have with FI and set-off or transfer any sum or sums standing to the credit of any one or more of such accounts in or towards satisfaction of all or any of the Cardmember 's liabilities to FI.
22. Demand
a) The Cardmember shall pay the Minimum Repayment as set out in the Statement of Account without demand from FI.
b) The FI may at any time with or without reason demand for payment of the total amount owing by the Cardmember under the Line of Credit by a notice in writing (without any legal obligation to do so) requiring payment within the time specified therein.
c) Any notice or request given hereunder may be signed on behalf of FI by the manager or any duly authorised officer of FI or by any solicitor or firm of solicitors acting for FI and/or may be computer generated by FI through FI 's computer systems and shall not require any signature and such notice shall be accepted by the parties hereto as final and conclusive evidence in a Court of Law of the amounts owing by the Cardmember to FI.
23. Costs of Enforcement
In the event of any breach or non-compliance with any of the Terms and Conditions as stated herein, the Cardmember will be liable to bear and pay all costs and incidental expenses (including solicitors' fees on a solicitor and client basis) incurred by FI in connection with the demand and enforcement of all payments of monies owing to FI or otherwise howsoever incurred in enforcing any Terms and Conditions herein stated.
24. Statement of Account
It is hereby expressly agreed that the Statement of Line of Credit Account issued by FI shall be accepted by the parties hereto as final and conclusive evidence in a Court of Law of all monies due and owing including all late payment interest, costs, charges, incidental expenses and interest accrued and/or cash advances incurred by the Cardmember.
25. No Waiver
Time shall be of the essence of these Terms and Conditions but no delay or omission or indulgence by FI in exercising any right, power or privilege hereunder shall operate to impair such right, power or privilege or construed as a waiver thereof and any single or partial exercise of any such right, power or privilege shall not preclude any other or further exercise thereof or the exercise of any right, power or privilege. The rights and remedies herein provided are cumulative and not exclusive of any rights or remedies provided by law.
26. Force Majeure
Notwithstanding anything to the contrary herein contained FI shall not be liable for any inability on its part to perform its obligation under the terms and conditions herein arising from directly or indirectly any directions of the Central Bank, or any written law or regulation made thereunder, the failure of any machine, data processing system or transmission link to any industrial dispute or to any reason beyond the control of FI but notwithstanding any such inability on the part of FI the Cardmember 's liability hereunder to effect payment under the Line of Credit shall continue. In the event that FI is unable to send the Statement of Line of Credit Account to the Cardmember, the Line of Credit Due Date for payment of each Statement of the Line of Credit Account shall be the date falling one (1) month after the last Line of Credit Due Date and each subsequent instalment shall be payable at monthly intervals thereafter until such time as FI shall resume sending periodic Statement of Line of Credit Account to the Cardmember.
27. Variation
a) The FI may change, amend, add or vary these terms and condition including the terms of repayment at any time and from time to time by written notice to the Cardmember in the manner provided by Clause 37. Such changes shall take effect on the date stated in the notice.
b) If the Cardmember does not accept any changes to these terms and conditions as notified from time to time, the Cardmember must discontinue using the Card as from the date on which such changes come into effect and shall notify FI thereof promptly by written notice and return the Card cut in half.
c) If the Cardmember uses the Card after the date on which the notice of any change in these Terms and Conditions is to take effect, the Cardmember shall be deemed to have accepted and agreed to such changes without reservations.
d) Any statements or notice referred to in these conditions shall be deemed to have been received by the Cardmember after postage to the Cardmember’s last known address.
28. Information
The Cardmember hereby expressly gives his consent to and authorises FI as and when FI may at its absolute discretion deem fit and necessary to do the following things hereinafter set forth:-
a) to provide, exchange or obtain information relating to his account or credit, to or from third parties including for the purposes of collection of monies from the Cardmember via collection agent(s);
b) to release any information with respect to the Line of Credit account and the financial affairs of the Cardmember at all times to Company without any further reference to the Cardmember;
c) to give, produce, divulge, reveal, publish or otherwise disclose, or make a record of, the Cardmember 's personal particulars submitted to Company and/or FI in connection with the Line of Credit and such other information or document whatsoever in respect of the Line of Credit to any credit bureau or agencies approved by the Association of Finance Companies of Malaysia, the Central Credit Unit of Bank Negara Malaysia and other body of authority (governmental or otherwise) as FI may deem fit under any applicable law, regulation, guidelines, regulatory requirement or directive (whether having the force of law or otherwise), and such information or document whatsoever relating to the Cardmember 's affair or account (including but not limited to his credit standing) in respect of the Line of Credit to third parties making enquiries with the view to entering into prospective transactions with him;
d) to lodge reports (including Police reports) and/or circulars and/or insert advertisements (including any advertisement in any media) incorporating the Cardmember 's personal particulars (including but not limited to his financial status) and particulars of the subject matter of the Line of Credit arising from any difficulty that FI may experience for any reasons whatsoever in enforcing its rights under the terms and conditions contained herein;
e) to check the Cardmember’s personal particulars, dealings and credit standing with whatsoever financial institutions by obtaining therefrom such information as may be required by FI, whether by way of oral communication or through documents; and
f) to give, release, produce, divulge, reveal, publish or otherwise disclose information relating to the Cardmember 's particulars, dealings and credit standing which may be in FI‘s possession in connection with the Line of Credit or any other credit facilities which the Cardmember may have obtained from FI to any other financial institutions which may at the material time be conducting a credit check on him or to the guarantors of any other loans and/or credit facilities whatsoever which the Cardmember may obtain from FI of any other financial institution.
29. Collection Agents
The Cardmember hereby expressly agrees that FI shall be entitled to appoint an agent(s) in its absolute discretion and without giving notice thereof to the Cardmember to collect all sums due and owing to FI from the Cardmember under the Line of Credit. The costs and expenses of such appointment shall be borne by the Cardmember.
30. Assignment
The FI is hereby expressly authorised to assign, sell or transfer the amount owing or any part thereof under the Line of Credit including any of its rights and/or obligations under these Terms and Conditions to third parties.
31. FI 's Discretion
The FI shall be entitled at its absolute discretion and at any time to disburse or withhold disbursement or to allow partial disbursement of any drawdown of the Line of Credit or to refuse to allow any disbursement at all or to suspend or terminate the Line of Credit. Notwithstanding the above, after termination of Cardmember’s Line of Credit, any credit balance below RM10.00 shall be absorbed by FI as administrative fees.
32. Arrangement for Payment
The Cardmember undertakes to ensure that payments will be made in accordance with these terms and conditions in the event of the Cardmember going abroad or out of town.
33. Photocopy of documents
The Cardmember shall pay FI RM5.00, or such other amounts as may be prescribed by FI, for any documents photocopied on request of the Cardmember.
34. Extent of Terms and Conditions
The terms and conditions herein shall be binding upon the heirs, personal representatives, lawful and permitted assigns or successors-in-title of the Cardmember and on the successors-in-title and assigns of FI.
35. Severability
The invalidity or unenforceability of any of the terms and conditions herein shall not nullify the underlying intent of these Terms and Conditions and the invalid or unenforceable term or condition shall be severable and the invalidity or unenforceability of any term or condition of these Terms and Conditions shall not affect the validity or enforceability of the other terms and conditions herein which shall remain in full force and effect.
36. Change of Address
The Cardmember hereby undertakes to inform FI promptly, in writing, of any changes of the Cardmember 's and Supplementary Cardmember's personal details, residential address telephone numbers or change of employment or business of the Cardmember or the Supplementary Cardmember(s).
37. Notice
Any notice, request, demand, Writ of Summons, Summons and all other legal process or other communication to be given or made under these Terms and Conditions, shall be deemed to have been sufficiently served on the Cardmember if left at his address specified herein or his last known place of residence or at his usual last known place of business or sent by ordinary post or registered post to any such addresses and in the last mentioned case services shall be deemed to be made two days after the letter has been posted. Any notice, request, demand or other communication to be made or delivered by the Cardmember to FI shall only be effected when received by FI duly acknowledged. "Legal process" shall mean all forms of originating process, pleadings, interlocutory applications of whatever nature, affidavits, orders and such documents, other than the aforesaid, which are required to be served under any legislation or subsidiary legislation.
38. Laws
These Terms and Conditions are governed by and will be construed in accordance with the Laws of Malaysia. The Cardmember agrees and submits to the jurisdiction of the Courts of Laws in Malaysia, The Cardmember hereby agrees that service of any process may be effected by posting the same to the Cardmember in the manner set out in clause 37 above.
39. Cardmember’s Liability
a) The Cardmember is liable not only for all charges, fees, interest, late payment charges and other costs and incidental expenses incurred by him and debited to the Line of Credit Account but also agrees to be jointly and severally liable with his Supplementary Cardmember(s) for all charges, fees, interest, late payment charges and other costs and incidental expenses incurred by his Supplementary Cardmember(s) and debited to the Line of Credit Account.
b) In consideration of FI making or continuing to make advances or otherwise giving credit or affording the Line of Credit for as long as FI may think fit to the Cardmember and in further consideration of FI agreeing to disburse (subject to the terms and conditions of the Line of Credit in force from time to time) advances to settle charges, fees, late payment charges or other costs and incidental expenses and, where applicable, cash advances incurred by the Supplementary Cardmember(s) in the use of his Supplementary Card(s), the Supplementary Cardmember(s) agrees to be jointly and severally liable with the Cardmember for all said charges, fees, interest, late payment charges, legal and other costs and incidental expenses incurred by the Supplementary Cardmember(s) and debited to the Line of Credit Account.
c) The Supplementary Cardmember hereby agrees and consents that FI may at all times without prejudice to and without discharging or in any way affecting the liability of the Supplementary Cardmember hereunder:
i) determine, vary, decrease or increase the Line of Credit Limit to the Cardmember and/or Supplementary Cardmember(s) ;
ii) vary or modify the terms and conditions of the use of the Line of Credit without notice to the Supplementary Cardmember(s);
iii) grant to the Cardmember or any other Supplementary Cardmember(s) or any other person(s) any time or indulgence;
iv) deal with, exchange, release, modify or abstain from perfecting or enforcing any security or other guarantee or rights which FI may now or hereafter have from or against the Cardmember or any other person;
v) compound or compromise with the Cardmember or guarantor or any other person.
d) The Statement of Line of Credit Account of FI as to the monies and liability for the time being due or incurred by the Supplementary Cardmember(s) to FI shall be conclusive evidence in any legal proceedings against the Supplementary Cardmember(s).
e) In the event of loss or theft of the Cardmember’s Card, FI may resolve that the Cardmember’s liabilities shall be limited to RM250.00 for any debits to the Line of Credit Account arising from all transactions effected before receipt of notification to Company of such loss or theft, PROVIDED ALWAYS that the Cardmember has not acted fraudulently and has informed Company or its agent promptly upon discovering that his Card is lost or stolen.
In this section unless the context otherwise requires and save as specifically defined under this section, words and expressions defined under the section “Definitions”shall have the same meaning when used in this Section.
1.1 Unless the context otherwise requires, the following terms have the meanings ascribed hereunder for the Terms & Conditions Governing the use of Synergy MasterCard/VISA and the Terms & Conditions On Line of Credit Offered by FI:
Business Day means any day (excluding Saturdays) on which commercial banks in Kuala Lumpur are open for business.
Card means such MasterCard/VISA card (with such ancillary functions as may be provided from time to time by the Company on its own or in conjunction with its associates or affiliates) issued or to be issued by the Company to existing or prospective Cardmember(s) including MasterCard/VISA card(s) issued to Supplementary Cardmember(s).
Cardmember means any individual named on a Card include Supplementary Cardmember (if any).
Card account means the Cardmember’s account with Company which facilitates Charges incurred over and above the Line of Credit Limit (where applicable).
Charges means all charges incurred by the Cardmember (including any Supplementary Cardmembers) through the use of the Card and includes the joining fee and annual fees (if any), any late payment charges and cash advances.
Company means Synergy Cards Sdn Bhd (Company No. 684518-T) a company incorporated in Malaysia and having its registered office at Level 2, East Wing, Wisma Synergy, No. 72, Pesiaran Jubli Perak, Seksyen 22, 40000 Shah Alam, Selangor Darul Ehsan and includes its successors in title and assigns.
Excess Limit means the total outstanding amount owing in the Card Account that exceeds the Line of Credit Limit.
FI means AmBank (M) Berhad, a company incorporated in Malaysia and having its registered office at Level 30, Menara AmBank, No. 8, Jalan Yap Kwan Seng, 50450 Kuala Lumpur.
Interest Free Period means Minimum Twenty (20) days from the Posting Date.
Line of Credit means the revolving credit facility provided by FI to the Cardmember upon its terms and conditions and in conjunction with the use of Card(s) herein described.
Line of Credit Account means the Cardmember’s account with FI for the Line of Credit provided by FI.
Line of Credit Agreement means the Agreement between the Cardmember and FI on the use of the Line of Credit.
Line of Credit Due Date means the date on which the Cardmember is to pay the total amount owing or the Minimum Repayment as stated in the Statement of Line of Credit Account.
Line of Credit Limit means the limit of indebtedness allowed within the Line of Credit provided to the Cardmember by FI as it may prescribe from time to time.
Merchant(s) means those establishment(s) which have agreed to accept the Card for the purchase of its goods and services by the Cardmembers.
Minimum Repayment means the sum indicated in the Statement of Line of Credit Account as the minimum amount due from the Cardmember.
PIN means the Personal Identification Number provided to the Cardmember or any Supplementary Cardmember for use in conjunction with the Card.
Posting Date means the date on which the transactions are posted to the Cardmembers Line of Credit Account.
Prescribed Rate means the interest payable under Clause 15 of the “Terms and Conditions on Line of Credit offered by FI”.
Statement of Card Account means the statement containing all transactions posted to the Cardmembers’ Card Account with the Company and sent to the Cardmember monthly or at such other intervals, as the Company deems fit.
Statement of Card Account Date means the date on which the Company issues the Statement of Card Account.
Supplementary Cardmember means a person who is an approved nominee of the Cardmember under the account of a Cardmember and is or has been approved to hold a Card issued by Company.
Statement of the Line of Credit Account means the monthly statement issued by FI in respect of the amounts owing under the Line of Credit Account given to the Cardmember. FI at its absolute discretion may or may not send out any statement if there is no outstanding amount payable to FI and there are no transactions for any particular month.
Statement of Line of Credit Account Date means the date on which FI issues the Statement of the Line of Credit Account.
1.2 These Terms and Conditions are governed by the laws of Malaysia.
1.3 Words importing the singular number imply plural number and vice versa.
1.4 Words importing the masculine gender include feminine and neuter genders.
1.5 Words implying a person also imply a partnership, firm or corporation.
1.6 The headings to the Terms and Conditions hereof shall be ignored in the interpretation thereof.
2.0 Acceptance of terms and conditions
2.1 By the issuance of the Card to the Cardmember, the Company agrees to make available the facilities of the Card to the Cardmember subject to these Terms and Conditions (as may be varied by the Company from time to time).
2.2 On receipt of the Card, the Cardmember shall immediately sign at the relevant signature panel on the Card and by his use of the Card thereof, the Cardmember agrees to be fully bound by these Terms and Conditions.
2.3 The Cardmember agrees to comply with all the requirements, directions, instructions and guidelines for the use of the Card as set out here in this agreement.
2.4 In the event the Cardmember do not agree to be bound by this agreement, the Cardmember shall cut the Card into half and in the case of the Principal Cardmember, procure the Supplementary Cardmember (if any) to cut the Supplementary Card in half and return the same to the Company with a notice of this. The Cardmember shall continue to be bound by the Terms and Conditions set out in this agreement and be liable to for all obligations incurred prior to such cancellation.
3.0 Covenants by Cardmember
3.1 The Cardmember covenants with the Company as follows:
(a) that only the Cardmember shall be entitled to transact on the Card issued to the Cardmember’s name with Merchants;
(b) that the Card shall not be used for any unlawful activities including but not limited to illegal online gambling. In the event the Company shall discover that the Card is or was used for such unlawful activities, the Company reserves the right without any liability whatsoever to suspend, cancel or withdraw the Card without prior notice to the Cardmember and without the need to assign any reason whatsoever thereto.
(c) the Company may at its absolute discretion either request the Cardmember to collect the PIN personally or mail the PIN to the Cardmember at the Cardmember’s sole risk;
(d) at all times to exercise all possible care to ensure the safety of the Card and the confidentiality of the PIN;
(e) to notify the Company immediately (such notification to be confirmed in writing forthwith) if the Card is lost or stolen and/or if the PIN is compromised or revealed to any unauthorised person, in order to mitigate the losses to the Cardmember;
(f) if a Card reported lost is subsequently recovered, the Cardmember shall immediately return such Card cut in half, to the Company;
(g) to notify the Company promptly in writing of any change to the particulars of the Cardmember [and/or any Supplementary Cardmember(s)] as given to the Company in connection with the Cardmember’s application for the Card and to further provide the Company with any other details as the Company may request from time to time; and
(h) for security reasons the Cardmember is required to inform the Company prior to his/her travel date. Failure to inform the Company of such travel dates and destination countries may result in disruption of the use of the Card;
(i) generally to comply with all other conditions for the use of the Card as may from time to time be imposed by the Company.
4.0 Withdrawal/Suspension of use of the card
4.1 All Cards are the property of the Company who is entitled at any time at its absolute discretion to withdraw the Card or suspend its use or otherwise refuse any charges in whatever circumstances as the Company may absolutely deem fit without prior notice and in the happening of events as described in clause 7.5 hereof.
4.2 The Cardmember hereby agrees to indemnify the Company and hold it harmless against any claims or demands whatsoever arising directly or indirectly from the withdrawal of the Card including any purported claim for defamation or for any losses whatsoever.
4.3 Upon the Company’s request but subject to clause 12.2 hereof, the Cardmember shall immediately return to the Company all Cards cut in half.
4.4 Without prejudice to his rights under clause 12.2 hereof, the Cardmember may terminate this agreement by returning the Card cut in half, to the Company and until the Card so cut in half is received by the Company, the liabilities of the Cardmember and any Supplementary Cardmembers shall continue.
4.5 Termination of this agreement by whichever party shall not affect the liability of the Cardmember and the Supplementary Cardmembers for all charges, cash advance and any other monies or fees incurred prior to the date of the receipt of the Cardmembers’ Cards cut in half.
4.6 The Company is further entitled to refuse to renew any Card upon its expiration without assigning any reason.
5.0 Payment Obligations of Cardmembers
5.1 Notwithstanding any provisions herein and notwithstanding any legal limitation, disability or incapacity of the Cardmember or any Supplementary Cardmembers, the Cardmember shall be fully liable for all transactions effected through the Card and the PIN, whether with or without the Cardmember’s knowledge or authority.
5.2 Where Supplementary Card has been issued at the Cardmember’s request, the Cardmember and the Supplementary Cardmember shall in consideration of the Company issuing such Supplementary Card to be jointly and severally liable to the Company for all charges incurred in respect of the Supplementary Card issued to the Supplementary Cardmember and the Company may collect from or sue either the Cardmember and/or the Supplementary Cardmember for the full outstanding balance related to the Supplementary Card without prejudice to any other rights or remedies available to the Company.
5.3 The Company shall hold the Supplementary Cardmember jointly or severally liable for the charges incurred by the Cardmember or other Supplementary Cardmember(s).
6.0 Disclaimer of Liability by company
6.1 The Company shall not be liable to the Cardmember in any manner whatsoever for any goods and services purchased from any Merchant by the Cardmember with the Card. Any disputes in relation to such transactions shall be dealt with directly between the Cardmember and the Merchant.
6.2 The Cardmember will exempt the Company from all liability whatsoever if the Card is not accepted by any Merchant.
6.3 The Company disclaims all liability whatsoever for any failure to perform any obligations under these Terms and Conditions howsoever such failure may arise, and regardless whether such failure is within or outside the Company’s control.
7.0 Terms of payment
7.1 Notwithstanding Clause 7.2 below, the Cardmember must pay to the Company the full amount stated in the Statement of Card Account immediately upon receipt of the Statement of Card Account or within such time as may be specified therein.
7.2 The Cardmember irrevocably authorises the Company to seek payment from FI by debiting the Line of Credit Account for all Charges and cash advances incurred by the Cardmember as contained in the Statement of Card Account. In the event that there shall be insufficient funds in the Line of Credit Account to meet all Charges, the Cardmember shall settle all such outstanding Charges, with the Company immediately or upon demand and within such time as stipulated in the demand.
7.3 Time is of the essence in respect of the performance of all of the Cardmember’s payment obligations.
7.4 If full payment is not received by the Company by the next Statement of Card Account Date the Cardmember shall pay to the Company (as well after or before any court order or judgment) late payment charges on the unpaid balance at a rate of 0.082 % per day or any such other rates as may be prescribed by the Company from time to time until full realization.
7.5 Notwithstanding any provisions herein, the Cardmember shall be immediately liable to pay fully any amount then outstanding to the Company in any of the following events:
(a) if the Card or its use is withdrawn;
(b) upon the presentation of a bankruptcy petition against the Cardmember or upon presentation of a winding-up petition in the case of a corporate Cardmember;
(c) upon the death of the Cardmember or upon the liquidation of the Cardmember in case of a corporate Cardmember; or
(d) on the termination of this agreement for any reason whatsoever.
7.6 The Cardmember must not withhold payment of any sums due to the Company under any circumstances whatsoever.
7.7 The Company shall be entitled, at the Cardmember’s sole expense, to appoint an agent(s) to collect any sums due to the Company from the Cardmember.
8.0 Cash advances
8.1 Where applicable, cash advances may be obtained by the Cardmember from any licensee of MasterCard International Incorporated/VISA International Service Association through the use of the Card at designated locations and/or Automatic Teller Machines in and outside Malaysia and only upon there being sufficient available funds in the Line of Credit Account.
8.2 Any cash advances to the Cardmember shall be directly debited at the Line of Credit Account with FI.
8.3 If any of the amount disbursed under any cash advances can not be debited to the Line of Credit Account with FI due to whatever reason, such amount may be assigned by the licensee of MasterCard International Incorporated/ VISA International Service Association who has disbursed such amount to the Cardmember, to the Company and in such event, the Cardmember shall accept that any provision for such amount in the Statement of Card Account as the amount payable by the Company to such party for such assignment shall constitute a valid and proper notice of the assignment by the said authorized party, and that such amount paid by the Company to the said authorized party shall be subject to the operation of clauses 5.1, 5.2, 5.3, 7.1, 7.2, 7.3, 7.4, 7.5, 7.6, and 7.7 hereof.
9.0 Foreign charges & currency
9.1 All Charges shall be paid by the Cardmember to the Company in Ringgit Malaysia or the lawful currency of Malaysia at the material time.
9.2 Any Charges incurred otherwise than in Ringgit Malaysia shall be converted into United States Dollars and then converted into Ringgit Malaysia at the then prevailing exchange rates at the respective processing centre.
10.0 Credits From Merchants
10.1 Subject to receipt of a properly issued credit slip, the Company may credit any Statement of Card Account for refunds by Merchants in favour of the Cardmember.
10.2 If available, copies of the properly issued credit slips will be provided to the Cardmember upon request and at the Cardmember’s cost.
11.0 Service Fees, costs & charges
11.1 In consideration of the services provided, the Cardmember shall pay the Company one time joining fee and annual fees at such rates as the Company may from time to time determine.
11.2 For any cash advance obtained, the Cardmember shall pay the Company a service charge of 4.0% of the amount advanced or Ringgit Malaysia Forty (RM40.00) whichever is higher.
11.3 The Cardmember shall pay to the Company 1.5% of the converted amount billed to the Cardmember as service charge for any transactions denominated in foreign currency.
11.4 In the event of any Excess Limit, the Cardmember shall pay to the Company a fee of 2% or Ringgit Malaysia Fifty (RM50.00) whichever is higher, on the outstanding balance that exceeds the Line of Credit Limit.
11.5 The Company shall at the request of the Cardmember replace the Card at Ringgit Malaysia Fifty (RM50.00) excluding costs of mailing or delivery of the replacement Card to the Cardmember who shall bear such costs on his own, or at such other rates as may be prescribed by the Company from time to time. No card replacement service charge shall be levied if the Card is faulty through no fault of the Cardmember.
11.6 The Cardmember shall pay the Company in full all costs including legal costs on a solicitor and client basis in recovering any monies under the Statement of Card Account.
11.7 If available, copies of Statement of Card Account will be provided to the Cardmember upon request at a charge of Ringgit Malaysia Five (RM5.00) per copy.
11.8 Subject to availability, copies of the sales draft will be provided to the Cardmember upon request at a charge of between Ringgit Malaysia Ten (RM10.00) to Ringgit Malaysia Forty (RM40.00) per copy, depending on cost incurred by the Company.
11.9 Any costs or charges due from the Cardmember shall be reflected in the Statement of Card Account as part of the Charges incurred by the Cardmember and shall be paid by the Cardmember to the Company accordingly. Any costs or charges paid by the Cardmember shall not be refundable under any circumstances.
11.10 The Company may at its discretion set-off any costs and/or charges payable by the Cardmember against any remaining money paid by the Cardmember.
12.0 Lost card and the replacement of lost card
12.1 The Cardmember shall take all reasonable precautions to prevent loss of Card or unauthorised use of the Card or the disclosure of the PIN to any person under any circumstances or by whatever means.
12.2 In the event of any loss of Card or disclosure of the PIN to any unauthorised person, the Cardmember shall immediately notify the Company in writing.
12.3 The Cardmember shall be liable for all transactions incurred from the loss of the Card or unauthorised use of the Card until a written report of the loss or unauthorised use has been received by the Company.
12.4 The Cardmember’s liability for any unauthorised transactions as a consequence of a lost Card shall be limited to a sum as specified by the Company not exceeding Ringgit Malaysia Two Hundred Fifty (RM250.00) PROVIDED the Cardmember has not acted fraudulently or has not failed to inform the Company as soon as reasonably practicable after having found that his/her Card is lost.
12.5 The Card may be replaced only at designated offices or by authorised agent(s) of the Company upon the terms set out herein.
12.6 The Company is at liberty to refuse:
(a) to replace any lost or withdrawn or cancelled Card, and
(b) to renew any expired Card.
12.7 If the Card is damaged due to the fault of the Cardmember, the Company shall at the Cardmember’s request, replace the Card after retrieval of the original card for cancellation and after receipt of the payment of the card replacement service charge (if any) as stated in clause 11.6 hereof.
13.0 Conclusiveness of evidence
13.1 The Cardmember hereby covenants with the Company to accept as final and conclusive evidence against the Cardmember in any legal proceedings and for all other purposes whatsoever:
(a) the Statement of Card Account issued by the Company, as conclusive evidence of the Cardmember’s indebtedness to the Company; and
(b) a certificate from a manager of the Company as conclusive evidence of the issue whether due notice of any matter arising out of these Terms and Conditions has been given to the Cardmember.
13.2 Subject to availability and without prejudice to Clause 13.1 hereof, the Company will endeavour to furnish copies of the sales slips to the Cardmember at the Cardmember’s request and cost.
14.0 Variation or addition of terms and conditions
14.1 The Company may vary and/or add to any of these Terms & Conditions (including but not limited to quantum of any fees charged by the Company) at any time and from time to time by written notice to the Cardmember. Such changes shall be effective on the date specified by the Company.
14.2 If the Cardmember does not accept any variations and/or additions to these Terms and Conditions as notified from time to time, the Cardmember may terminate this agreement by written notice to the Company accompanied by the return of the Card cut in half.
14.3 If the Cardmember uses the Card after the effective date of any variation and/or addition to these Terms and Conditions, the Cardmember shall be deemed to have completely accepted and shall be fully bound by such variations and/or additions.
15.0 Notices
15.1 Any statements notice or other communication referred to in these Terms and Conditions shall be deemed to have been duly received by the Cardmember if left at or sent by ordinary post or registered post to his address specified herein or to his last known address or advertised in any media decided by the company.
15.2 Services of any notices or legal process shall be deemed to have been effected and duly served on the date of delivery if made by hand or in the case of ordinary post or registered post, on the second Business Day after posting to the Cardmember or Supplementary Cardmember at the address specified herein or at the last known address notified to the Company or on the date of any advertisement in any media decided by the Company.
15.3 Legal process shall mean all forms of originating process, pleadings, writ of summons, summons, interlocutory applications of whatever nature, affidavits, orders and such documents, other than the aforesaid, which are required to be served under any legislation or subsidiary legislation.
15.4 No change in the address for service howsoever brought about shall be effective or binding on the Company unless actual notice of such change has been given to the Company.
16.0 Consent to disclosure of information
16.1 The Company may at any time without liability to the Cardmember disclose any information concerning the Cardmember and/or any transactions undertaken through the use of the Card to:
(a) any authorities, Merchant, FI and any member institution of MasterCard International Incorporated/VISA International Service Association;
(b) any associate or related companies of the Company, its agents, servants and/or such persons as the Company may absolutely deem fit.
16.2 The Cardmember hereby consents to the Company seeking any information concerning the Cardmember and/or the Supplementary Cardmember(s) from any authorities, Merchant, FI or such other person(s) as the Company may from time to time deem fit.
17.0 Miscellaneous
17.1 If any provision hereof is held to be illegal, invalid or unenforceable under present or future laws, such provision shall be fully severable and the remaining Terms & Conditions shall remain in full force and effect and shall not be affected by the illegal, invalid or unenforceable provision or by its severance here from. In lieu of such illegal, invalid or unenforceable provision there shall be added automatically as part hereof a provision (to be determined by the Company) that is similar in terms to such illegal, invalid or unenforceable provision that is legal, valid and enforceable so as to give effect to the intent of the parties hereunder.
17.2 The Company is entitled to assign any receivables from the Cardmember to the Company to such parties and upon such terms as it may absolutely deem fit.
17.3 The Company may at any time and its sole discretion with or without notice given to the Cardmember, suspend or withdraw any benefits or services which may have been extended to the Cardmember upon the issuance of the Card to him/her without charge.
17.4 The Cardmember and the Supplementary Cardmember agree to submit to the jurisdiction of the Courts at Kuala Lumpur or Shah Alam or such other convenient forum as may be decided by the Company.
17.5 No failure or delay by the Company in exercising any right, power or privilege under these Terms and Conditions shall operate as a waiver thereof or affect the Cardmember’s liability to the Company nor shall any single or partial execution of any right, power or privilege hereby conferred preclude any further or subsequent exercise thereof or the exercise of any other right, power or privilege hereby conferred.
17.6 The obligations of the Cardmember shall be binding on the Cardmember’s legal representatives or successors in title.
17.7 In the event of any discrepancy or inconsistency in the interpretation of these Terms and Conditions, and any translation of it in any language, the English version of these Terms and Conditions shall prevail.
Terms And Conditions On Line Of Credit Offered By FI
1. Terms and Conditions
By the use of the Card, the Cardmember accepts FI’s offer of a Line of Credit up to the Line of Credit Limit upon the terms and conditions hereafter appearing.
2. Purpose
The Line of Credit shall be utilised solely for the settlement of all charges, fees, interest, late payment charges or other costs and incidental expenses and, where applicable, cash advances incurred by the Cardmember or his Supplementary Cardmember(s) to FI and/or Company.
3. Authority
The Cardmember hereby authorises FI to disburse from the available funds in the Line of Credit, such amount as FI in FI ’s discretion deems fit, to settle with Company, charges, fees, interest, late payment charges or other costs and incidental expenses and, where applicable, cash advance incurred by the Cardmember or his Supplementary Cardmember(s) as and when such charges, fees, interest, late payment charges or other costs and incidental expenses and, where applicable, cash advances are incurred.
4. Disbursements
The disbursements referred to in Clause 3 above will be released directly to Company. The FI shall not be concerned with the adequacy, propriety or genuineness of any charge, cash advances, fees, late payment charges or other costs or incidental expenses for which disbursement is made to Company. Any dispute relating to such matters shall be between Company and the Cardmember, and shall not in any way affect or prejudice the Cardmember 's obligations to repay FI under these Terms and Conditions.
5. Refusal
a) The FI shall be entitled at any time to refuse without giving any prior notice to the Cardmember, any disbursement from the Line of Credit upon any of the following occurrences:-
i) the Cardmember fails to pay the Minimum Repayment by the Line of Credit Due Dates; or
ii) the Cardmember fails to pay any monies owing to FI under these Terms and Conditions; or
iii) the Cardmember is in breach of any of the provisions of these Terms and Conditions; or
iv) the Line of Credit is suspended, terminated or withdrawn; or
v) an event has occurred or a situation existing relating to the Cardmember which could or might in the opinion of FI prejudice the ability of the Cardmember to perform his obligations under these Terms and Conditions or prejudice the repayment of any monies owing by the Cardmember to FI.
b) In the event that the Line of Credit Limit has been reached or exceeded, FI shall be entitled to refuse any disbursement from the Line of Credit, without any prior notice being given to the Cardmember .
c) The FI will not be liable for any loss or damage to the Cardmember if FI refuses to allow any disbursement from the Line of Credit pursuant to Clause 5(a) or (b) above.
6. Withdrawal
In the event that the Cardmember (including any Supplementary Cardmember) holds the Card by virtue of the Cardmember having a RM50,000 fixed deposit account with FI, then the Cardmember agrees:-
a) that the Cardmember must at all times maintain with FI a minimum balance of Ringgit Malaysia Fifty Thousand (RM50,000) in the fixed deposit account, in the Cardmember’s name or such other minimum balance as FI may determine from time to time.
b) if at any time the Cardmember’s balance in the fixed deposit account falls below the required minimum of Ringgit Malaysia Fifty Thousand (RM50,000), FI shall withdraw the Line of Credit with immediate effect without any notice to the Cardmember(s).
7. Payment
The Cardmember shall, upon receipt of any Statement of Line of Credit Account, pay either the total amount owing under the Line of Credit or the Minimum Repayment stipulated in the Statement of Line of Credit Account by the Line of Credit Due Date. Payment Made shall be the highest of the following :-
a) Five per centum (5%) of the total amount owing under the Line of Credit Account as stated in the Statement of Line of Credit Account plus the Minimum Repayment amount(s) due and unpaid as shown in preceding Statement(s) of Line of Credit Account, if any; OR
b) Where the total amount owing by the Cardmember has exceeded the Line of Credit Limit, such amount in excess of the Line of Credit Limit plus five per centum (5%) of the Line of Credit Limit plus the Minimum Repayment amount(s) due and unpaid as shown in preceding Statement of Line of Credit Account OR
(c) Such other amount as may be stipulated in the Statement of Line of Credit Account by FI; PROVIDED ALWAYS that the Minimum Repayment shall not be less than RM50.00.
8. Interest
a) Notwithstanding any other provision herein contained, the Cardmember shall, where applicable, pay the interest at the Prescribed Rate for all cash advances from the date of cash advance until full payment is received and credited into the Cardmember 's Line of Credit Account.
b) Interest at the Prescribed Rate shall be computed on Charges commencing from expiry of the Interest Free Period. Charges shall be allowed an interest free period of at least twenty (20) days from the Posting Date regardless of the amount owing under the Line of Credit Account.
c) Interest at the Prescribed Rate shall be charged on the transactions referred to in Clauses 8(a) and (b), above and shall continue to be charged and payable by the Cardmember until full payment is received and credited to the Cardmember 's Line of Credit Account.
9. Full Payment
Notwithstanding anything to the contrary, the Cardmember shall on demand by FI repay in full all monies disbursed under the Line of Credit together with all interest and other monies payable to FI under these Terms and Conditions.
10. Payment Centre
Payments are to be made at the centres notified by FI from time to time and at any time.
11. Acceptance of Partial Payments
Acceptance of late payments or partial payments shall not operate to prevent FI from invoking any and all common law rights against defaulting Cardmembers or any other rights and remedies FI may have under these Terms and Conditions.
12. Appropriation
All monies received by FI from the Cardmember shall be applied and appropriated at the discretion of FI and unless otherwise appropriated by FI shall be applied in the following order:-
a) all costs and expenses incurred in obtaining payment and other charges;
b) late payment interest;
c) interest;
d) repayment of principal monies according to the date of disbursement, the earlier being repaid first.
13. Duration
The Line of Credit will continue, unless sooner terminated under these Terms and Conditions throughout the validity of the Cardmember 's Card including any renewal thereof but shall determine immediately upon the termination of the Cardmember 's Card.
14. FI 's Review
The FI has the absolute discretion to review from time to time the Line of Credit granted to a Cardmember and FI may at any time and from time to time at its absolute discretion determine, vary, decrease or increase, suspend or terminate the Line of Credit.
15. Prescribed Rate
a) The Prescribed rate will be the interest rate reflected in the Statement of Line of Credit Account.
b) The FI shall be entitled at its absolute discretion by giving prior notice to the Cardmember, vary the Prescribed Rate at any time and from time to time.
c) Interest at the Prescribed Rate is also payable on the judgement sum after the date of any judgement obtained against the Cardmember.
16. Capitalisation
Interest on any principal monies disbursed, late payment interest and all costs, charges and incidental expenses under the Line of Credit shall at the Statement of Line of Credit Account Date be capitalised and added for all purposes to the total outstanding amount then owing under the Line of Credit and shall thereafter bear interest at the Prescribed Rate.
17. Late Payment Interest in Default of Minimum Repayment
If the Cardmember defaults in the payment of the Minimum Repayment by the Line of Credit Due date, the Cardmember shall in addition and without prejudice to the power, rights and remedies of FI pay to FI late payment interest rate of one per cent (1%) per month or such other rate as FI may prescribe from time to time on the Minimum Repayment or Ringgit Ten (RM10.00) whichever is higher from the date of default until full payment.
18. Late Payment Interest Upon Termination
Upon termination of the Cardmember 's Line of Credit, the Cardmember shall in addition and without prejudice to the power, rights and remedies of FI, including but not limited to the right to recover the total amount owing under the Line of Credit, interest at the Prescribed Rate and late payment interest pursuant to Clause 17 above, pay FI late payment interest at the rate of one per centum (1%) per annum or such other rate as FI may prescribe from time to time on the total amount owing by the Cardmember under the Line of Credit.
19. Convenant on Interest
The obligation to pay interest at the Prescribed Rate and late payment interest are independent obligations and accordingly shall be applicable whether before or after judgment, and shall not merge with the judgment.
20. Termination
All monies due and owing by the Cardmember hereunder shall at the option of FI become immediately due and payable without prior notice upon any of the following occurrences
a) the Cardmember failing to perform and/or to observe any of the Terms and Conditions herein; OR
b) the Company suspending, terminating or withdrawing the Cardmember 's rights to use the Card; OR
c) the Cardmember dies, insane or becomes insolvent, committing an act of bankruptcy, or in the case of the Cardmember being a company, a petition is presented for its winding up or a resolution is passed for its voluntary winding up; OR
d) the Cardmember failing to pay any other indebtedness owed to FI when due; OR
e) if in the opinion of FI, the Cardmember 's Line of Credit with the Line of Credit Provider (including any other account the Cardmember may have with FI or any other institutions) is or has not been operated satisfactory and/or if the Cardmember commits or threatens to commit a default of any provision of any agreement, or security documents, or both (as the case may be), relating to other accounts or loan facilities granted by FI or any other institutions to the Cardmember or other party in which the Cardmember is a guarantor, or chargor or assignor; OR
f) any order for execution, writ of attachment, garnishment, injunction or any other legal proceeding is issued against the Cardmember; OR
g) an event has occurred or a situation exists which could or might in the sole and absolute opinion of FI:
i) prejudice the ability of the Cardmember to perform his obligations herein; OR
ii) prejudice the repayment of the Line of Credit or the repayment of the Minimum Repayment.
h) Notwithstanding the above, upon termination of the Card(s) any credit balance below RM10.00 shall be absorbed by FI as administrative fees.
20A. Suspense Account
Any money received by FI may be placed and kept to the credit of a non-interest bearing suspense account for so long as the FI thinks fit without any obligation in the meantime to apply the same or any part thereof in or towards discharge of any money or liabilities due or incurred by the Cardmember to it. Notwithstanding any such payment, the FI may prove and agree to accept any dividend or composition in respect of the whole or part of such monies or liabilities in the same manner in the event of any proceeding of bankruptcy, liquidation, winding up, composition or arrangement has been proceeded against the Cardmember.
21. Consolidation
The FI may at any time by giving prior notice to the Cardmember, combine or consolidate all or any of the accounts including deposit and saving accounts the Cardmember may have with FI and set-off or transfer any sum or sums standing to the credit of any one or more of such accounts in or towards satisfaction of all or any of the Cardmember 's liabilities to FI.
22. Demand
a) The Cardmember shall pay the Minimum Repayment as set out in the Statement of Account without demand from FI.
b) The FI may at any time with or without reason demand for payment of the total amount owing by the Cardmember under the Line of Credit by a notice in writing (without any legal obligation to do so) requiring payment within the time specified therein.
c) Any notice or request given hereunder may be signed on behalf of FI by the manager or any duly authorised officer of FI or by any solicitor or firm of solicitors acting for FI and/or may be computer generated by FI through FI 's computer systems and shall not require any signature and such notice shall be accepted by the parties hereto as final and conclusive evidence in a Court of Law of the amounts owing by the Cardmember to FI.
23. Costs of Enforcement
In the event of any breach or non-compliance with any of the Terms and Conditions as stated herein, the Cardmember will be liable to bear and pay all costs and incidental expenses (including solicitors' fees on a solicitor and client basis) incurred by FI in connection with the demand and enforcement of all payments of monies owing to FI or otherwise howsoever incurred in enforcing any Terms and Conditions herein stated.
24. Statement of Account
It is hereby expressly agreed that the Statement of Line of Credit Account issued by FI shall be accepted by the parties hereto as final and conclusive evidence in a Court of Law of all monies due and owing including all late payment interest, costs, charges, incidental expenses and interest accrued and/or cash advances incurred by the Cardmember.
25. No Waiver
Time shall be of the essence of these Terms and Conditions but no delay or omission or indulgence by FI in exercising any right, power or privilege hereunder shall operate to impair such right, power or privilege or construed as a waiver thereof and any single or partial exercise of any such right, power or privilege shall not preclude any other or further exercise thereof or the exercise of any right, power or privilege. The rights and remedies herein provided are cumulative and not exclusive of any rights or remedies provided by law.
26. Force Majeure
Notwithstanding anything to the contrary herein contained FI shall not be liable for any inability on its part to perform its obligation under the terms and conditions herein arising from directly or indirectly any directions of the Central Bank, or any written law or regulation made thereunder, the failure of any machine, data processing system or transmission link to any industrial dispute or to any reason beyond the control of FI but notwithstanding any such inability on the part of FI the Cardmember 's liability hereunder to effect payment under the Line of Credit shall continue. In the event that FI is unable to send the Statement of Line of Credit Account to the Cardmember, the Line of Credit Due Date for payment of each Statement of the Line of Credit Account shall be the date falling one (1) month after the last Line of Credit Due Date and each subsequent instalment shall be payable at monthly intervals thereafter until such time as FI shall resume sending periodic Statement of Line of Credit Account to the Cardmember.
27. Variation
a) The FI may change, amend, add or vary these terms and condition including the terms of repayment at any time and from time to time by written notice to the Cardmember in the manner provided by Clause 37. Such changes shall take effect on the date stated in the notice.
b) If the Cardmember does not accept any changes to these terms and conditions as notified from time to time, the Cardmember must discontinue using the Card as from the date on which such changes come into effect and shall notify FI thereof promptly by written notice and return the Card cut in half.
c) If the Cardmember uses the Card after the date on which the notice of any change in these Terms and Conditions is to take effect, the Cardmember shall be deemed to have accepted and agreed to such changes without reservations.
d) Any statements or notice referred to in these conditions shall be deemed to have been received by the Cardmember after postage to the Cardmember’s last known address.
28. Information
The Cardmember hereby expressly gives his consent to and authorises FI as and when FI may at its absolute discretion deem fit and necessary to do the following things hereinafter set forth:-
a) to provide, exchange or obtain information relating to his account or credit, to or from third parties including for the purposes of collection of monies from the Cardmember via collection agent(s);
b) to release any information with respect to the Line of Credit account and the financial affairs of the Cardmember at all times to Company without any further reference to the Cardmember;
c) to give, produce, divulge, reveal, publish or otherwise disclose, or make a record of, the Cardmember 's personal particulars submitted to Company and/or FI in connection with the Line of Credit and such other information or document whatsoever in respect of the Line of Credit to any credit bureau or agencies approved by the Association of Finance Companies of Malaysia, the Central Credit Unit of Bank Negara Malaysia and other body of authority (governmental or otherwise) as FI may deem fit under any applicable law, regulation, guidelines, regulatory requirement or directive (whether having the force of law or otherwise), and such information or document whatsoever relating to the Cardmember 's affair or account (including but not limited to his credit standing) in respect of the Line of Credit to third parties making enquiries with the view to entering into prospective transactions with him;
d) to lodge reports (including Police reports) and/or circulars and/or insert advertisements (including any advertisement in any media) incorporating the Cardmember 's personal particulars (including but not limited to his financial status) and particulars of the subject matter of the Line of Credit arising from any difficulty that FI may experience for any reasons whatsoever in enforcing its rights under the terms and conditions contained herein;
e) to check the Cardmember’s personal particulars, dealings and credit standing with whatsoever financial institutions by obtaining therefrom such information as may be required by FI, whether by way of oral communication or through documents; and
f) to give, release, produce, divulge, reveal, publish or otherwise disclose information relating to the Cardmember 's particulars, dealings and credit standing which may be in FI‘s possession in connection with the Line of Credit or any other credit facilities which the Cardmember may have obtained from FI to any other financial institutions which may at the material time be conducting a credit check on him or to the guarantors of any other loans and/or credit facilities whatsoever which the Cardmember may obtain from FI of any other financial institution.
29. Collection Agents
The Cardmember hereby expressly agrees that FI shall be entitled to appoint an agent(s) in its absolute discretion and without giving notice thereof to the Cardmember to collect all sums due and owing to FI from the Cardmember under the Line of Credit. The costs and expenses of such appointment shall be borne by the Cardmember.
30. Assignment
The FI is hereby expressly authorised to assign, sell or transfer the amount owing or any part thereof under the Line of Credit including any of its rights and/or obligations under these Terms and Conditions to third parties.
31. FI 's Discretion
The FI shall be entitled at its absolute discretion and at any time to disburse or withhold disbursement or to allow partial disbursement of any drawdown of the Line of Credit or to refuse to allow any disbursement at all or to suspend or terminate the Line of Credit. Notwithstanding the above, after termination of Cardmember’s Line of Credit, any credit balance below RM10.00 shall be absorbed by FI as administrative fees.
32. Arrangement for Payment
The Cardmember undertakes to ensure that payments will be made in accordance with these terms and conditions in the event of the Cardmember going abroad or out of town.
33. Photocopy of documents
The Cardmember shall pay FI RM5.00, or such other amounts as may be prescribed by FI, for any documents photocopied on request of the Cardmember.
34. Extent of Terms and Conditions
The terms and conditions herein shall be binding upon the heirs, personal representatives, lawful and permitted assigns or successors-in-title of the Cardmember and on the successors-in-title and assigns of FI.
35. Severability
The invalidity or unenforceability of any of the terms and conditions herein shall not nullify the underlying intent of these Terms and Conditions and the invalid or unenforceable term or condition shall be severable and the invalidity or unenforceability of any term or condition of these Terms and Conditions shall not affect the validity or enforceability of the other terms and conditions herein which shall remain in full force and effect.
36. Change of Address
The Cardmember hereby undertakes to inform FI promptly, in writing, of any changes of the Cardmember 's and Supplementary Cardmember's personal details, residential address telephone numbers or change of employment or business of the Cardmember or the Supplementary Cardmember(s).
37. Notice
Any notice, request, demand, Writ of Summons, Summons and all other legal process or other communication to be given or made under these Terms and Conditions, shall be deemed to have been sufficiently served on the Cardmember if left at his address specified herein or his last known place of residence or at his usual last known place of business or sent by ordinary post or registered post to any such addresses and in the last mentioned case services shall be deemed to be made two days after the letter has been posted. Any notice, request, demand or other communication to be made or delivered by the Cardmember to FI shall only be effected when received by FI duly acknowledged. "Legal process" shall mean all forms of originating process, pleadings, interlocutory applications of whatever nature, affidavits, orders and such documents, other than the aforesaid, which are required to be served under any legislation or subsidiary legislation.
38. Laws
These Terms and Conditions are governed by and will be construed in accordance with the Laws of Malaysia. The Cardmember agrees and submits to the jurisdiction of the Courts of Laws in Malaysia, The Cardmember hereby agrees that service of any process may be effected by posting the same to the Cardmember in the manner set out in clause 37 above.
39. Cardmember’s Liability
a) The Cardmember is liable not only for all charges, fees, interest, late payment charges and other costs and incidental expenses incurred by him and debited to the Line of Credit Account but also agrees to be jointly and severally liable with his Supplementary Cardmember(s) for all charges, fees, interest, late payment charges and other costs and incidental expenses incurred by his Supplementary Cardmember(s) and debited to the Line of Credit Account.
b) In consideration of FI making or continuing to make advances or otherwise giving credit or affording the Line of Credit for as long as FI may think fit to the Cardmember and in further consideration of FI agreeing to disburse (subject to the terms and conditions of the Line of Credit in force from time to time) advances to settle charges, fees, late payment charges or other costs and incidental expenses and, where applicable, cash advances incurred by the Supplementary Cardmember(s) in the use of his Supplementary Card(s), the Supplementary Cardmember(s) agrees to be jointly and severally liable with the Cardmember for all said charges, fees, interest, late payment charges, legal and other costs and incidental expenses incurred by the Supplementary Cardmember(s) and debited to the Line of Credit Account.
c) The Supplementary Cardmember hereby agrees and consents that FI may at all times without prejudice to and without discharging or in any way affecting the liability of the Supplementary Cardmember hereunder:
i) determine, vary, decrease or increase the Line of Credit Limit to the Cardmember and/or Supplementary Cardmember(s) ;
ii) vary or modify the terms and conditions of the use of the Line of Credit without notice to the Supplementary Cardmember(s);
iii) grant to the Cardmember or any other Supplementary Cardmember(s) or any other person(s) any time or indulgence;
iv) deal with, exchange, release, modify or abstain from perfecting or enforcing any security or other guarantee or rights which FI may now or hereafter have from or against the Cardmember or any other person;
v) compound or compromise with the Cardmember or guarantor or any other person.
d) The Statement of Line of Credit Account of FI as to the monies and liability for the time being due or incurred by the Supplementary Cardmember(s) to FI shall be conclusive evidence in any legal proceedings against the Supplementary Cardmember(s).
e) In the event of loss or theft of the Cardmember’s Card, FI may resolve that the Cardmember’s liabilities shall be limited to RM250.00 for any debits to the Line of Credit Account arising from all transactions effected before receipt of notification to Company of such loss or theft, PROVIDED ALWAYS that the Cardmember has not acted fraudulently and has informed Company or its agent promptly upon discovering that his Card is lost or stolen.
In this section unless the context otherwise requires and save as specifically defined under this section, words and expressions defined under the section “Definitions”shall have the same meaning when used in this Section.