7/29/2019 AmBank aggrmnt

1/12

The issuance of the AmBank (M) Berhad MasterCard/VISA (the Card) by AmBank (M) Berhad (the Bank)to the Cardmember and the use of the Card by the Cardmember shall be subject to the following terms and

conditions made known to the Cardmember at the time of application for and/or at the time of delivery ofthe Card. As these terms and conditions are binding on the Cardmember immediately uponacknowledgement of receipt and/or the use of the Card by the Cardmember it is important for theCardmember to read carefully and understand the terms and conditions printed below before using the Card.

1. Definitions

1.1 In this agreement the following words have these meanings unless the contrary intention

appears:a) AmBank Group refers to AMMB Holdings Berhad [Company No. 223035-V] and its group

of companies and includes any or all of the subsidiaries of AMMB Holdings Berhad.b) ATM refers to automated teller machine of the Bank or any subsidiary of AmBank

Group or MasterCard/VISA Member Banks.c) Bank refers to AmBank (M) Berhad [Company No. 8515-D], a company incorporated in

Malaysia and having its registered office at 22nd Floor, Bangunan AmBank Group, 55Jalan Raja Chulan, 50200 Kuala Lumpur.

d) Cancellation Bulletin refers to the cancelled card list consisting of Card accountnumbers that have been invalidated by the Bank or MasterCard/VISA Member Banks.

e) Card refers to the MasterCard/VISA issued by the Bank to the Cardmember and whereapplicable and where the contact context so permits the expression Card shall includea Supplementary Card.

f) Card Account refers to the Cardmembers MasterCard/VISA account to which allpayments for purchases of goods and services, and/or Cash Advances effected by the use

of the Card by the Cardmember and any Supplementary Cardmember and all annualfees and/or any other fees debited.

g) Credit Limit refers to the credit limit set by the Bank on the Cardmember and anySupplementary Cardmember for the use of the Card at its sole discretion and notified tothe Cardmember in writing at any time and from time to time.

h) Card Statement refers to a physical or electronic statement of account stating alltransactions to the Card Account, sent to the Cardmember monthly by post or viaelectronic means to the Cardmembers email address as provided, or at such intervals asthe Bank may deem fit. The Bank, at its absolute discretion, may or may not send out anystatement if there is a credit balance or no outstanding amount payable to the Bank andthere are no transactions for any particular month. The Bank may at its sole and absolutediscretion select any date of the month to be the Card Statement date.

i) Cardmember refers to the person who has applied and is issued with a Card bearinghis name and where applicable and where the contact context so permits the expressionCardmember shall include a Supplementary Cardmember.

j) Cash Advance refers to cash withdrawals in and outside Malaysia from the CardAccount at designated branches of the Bank or the Banks Group of Companies,participating branches of MasterCard/VISA Member Banks or at designated Banks ATMsand participating MasterCard/VISA Member Banks ATMs.

k) Cash Advance Fees refers to a service fee charged for each Cash Advance transaction bythe Cardmember.

l) Merchant refers to establishments or merchants who accept the Card as a form of

payment for goods and/or services and such payment shall be charged to the Card Account.

m) Minimum Payment Due refers to the minimum amount required to be paid by the

Cardmember by the Payment Due Date which is the higher of:

AmBank (M) BerhadMasterCard/VISA Agreement

7/29/2019 AmBank aggrmnt

2/12

i) 5% of the total outstanding balance of each Card Account or RM50.00, whicheveris higher; or

ii) in the event of excess of Credit Limit, the amount in excess plus 5% of the totaloutstanding balance in the Card Account.

n) Month means a gregorian calendar month.o) Payment Due Date refers to the date on which the payment is due and is currently 20days from the Card Statement date. The Payment Due Date may be varied at any timeand from time to time at the sole and absolute discretion of the Bank by giving priornotice and such variation shall be effective on the date stipulated by the Bank andbinding on the Cardmember.

p) PIN refers to the personal identification number issued on the Card to theCardmember.

q) Supplementary Card refers to the MasterCard/VISA Card issued by the Bank to aSupplementary Cardmember.

r) Supplementary Cardmember refers to any person who has applied and is issued aSupplementary Card with his name on the Card and is nominated and authorised by theCardmember to operate the Supplementary Card Account.

s) this Agreement refers to the agreement between the Cardmember and the Bankwhereby the Cardmember is issued with the Card by the Bank upon the terms and

conditions herein as well as the terms and conditions as contained in the Banksapplication form signed and submitted by the Cardmember to the Bank when applyingfor the issuance of a Card and such other terms and conditions supplemented oramended from time to time.

t) VISA refers to Visa International Service Association of P.O. Box 8999, San Francisco, CA94128-8999, United States of America (and includes its successors-in-title and assigns) ofwhich the Bank is a principal member

u) MasterCard refers to MasterCard International Incorporated, a company incorporated in

the state of Delaware, with its principal at 2000 Purchase Street, Purchase, NY10577-2509, United States of America (and includes its successors-in-title and assigns) ofwhich the Bank is a principal member.

v) VISA Member Banks refers to financial institutions which are members of VISA.w) MasterCard Member Banks refers to financial institutions which are members of

MasterCard.1.2 Interpretations:

a) Words importing the singular include the plural.b) Words importing the masculine gender include the feminine and neuter genders.c) For the period of calculation, any period of time or when an act is required to be done

within a certain period of time from a specified date, the period inclusive of the timebegins to run from the date so specified, unless otherwise varied by the Bank at itsabsolute discretion.

2. Acceptance of The Card

2.1 In consideration of the Bank issuing the Card to the Cardmember and any Supplementary Cardto the Supplementary Cardmember, the Cardmember and the Supplementary Cardmemberagree to abide by the terms and conditions herein contained and any other terms andconditions as the Bank may impose from time to time with prior notice.

2.2 The Card may be used at Merchants, ATMs and financial institutions authorised to acceptMasterCard/VISA as a mode of payment. The Cardmember agrees to sign on the back of theCard immediately upon receipt of the Card.

2.3 The Card can only be used by the Cardmember to whom it is issued and the Cardmember shallnot allow anyone else to use the Card or transfer or otherwise part with possession of the Cardnor allow the Card to be used for any purpose not authorised by the Bank.

2.4 For the purpose of effecting ATM transactions with the Card, the Bank will issue and deliver aPIN to the Cardmember (upon the Cardmember request). The PIN is strictly confidential andshould not be disclosed to anyone else under any circumstances whatsoever.

2.5 The Cardmember shall be responsible and liable for all transactions effected by the use of the

PIN whether or not such usage was authorised by the Cardmember. The Cardmember shalltake all reasonable precautions to prevent fraudulent and/or unauthorized use of their PIN.

These precautions include, but are not limited to:

7/29/2019 AmBank aggrmnt

3/12

NEVER display or write the PIN on the Card, or on any other item normally kept with theCard.

NEVER write the PIN in a way that can be easily understood by anyone else. NEVER disclose/tell the PIN to anyone else.

IMMEDIATELY inform the Bank as soon the Cardmembers is aware or suspects that anyoneelse knows his PIN. IMMEDIATELY destroy the PIN advice after the Cardmember has read and noted the

contents.2.6 The Cardmember shall be fully responsible for any password assigned. The Cardmember shall

take all reasonable precautions to prevent the password from being disclosed to any thirdparty. All provisions relating to the PIN shall also apply accordingly to any password assigned.

3. Usage of Card

3.1 The Cardmember shall be responsible for all transactions arising from the usage of the Card bythe Cardmember and the Supplementary Cardmember(s). These responsibilities shall survivethe termination of this Agreement.

3.2 a) The Bank may debit the Cardmembers Card Account based on the amount stated in anysales draft or cash withdrawal draft executed by the Cardmember or unsigned salesdrafts or cash withdrawal drafts, if the Bank is of the opinion, that the nature of the

transaction does not require the Cardmembers signature or the omission of thesignature is due to an oversight on the part of the Cardmember and/or the Merchantand/or MasterCard/VISA Member Banks.

b) The Bank shall be entitled to treat the Banks record of any transaction effected by theuse of the Card including but not limited to transactions effected by mail order or via thetelephone, as evidence of a transaction properly effected by the Cardmember to bedebited to the Card Account notwithstanding that any such record may not contain thesignature of the Cardmember.

3.3 The Credit Limit must be strictly observed by the Cardmember.3.4 Where the Cardmember operates two or more Card Accounts or has authorized a

Supplementary Cardmember to use his Card Account, a combined Credit Limit will beestablished representing the total Credit Limit extended to all the Cards operated under hisCard Account.

3.5 Notwithstanding the fact that the combined Credit Limit shall have been established for theCardmember, the Bank may at any time at its sole discretion notwithstanding that the Card

Account is not in default of any due payments, vary such limit or restrict or refuse or withholdthe Cardmembers credit and/or without assigning any reason thereof with prior notice.

3.6 The Bank shall not be liable for any act or omission on the part of the Merchant including refusalby the Merchant to honour the Card or any defect or deficiency in any goods or services providedby the Merchant. The Cardmember shall resolve all complaints, claims and disputes against theMerchant directly and not through the Bank. The Cardmember undertakes not to involve the Bankin any such claim and/or dispute or legal proceedings against the Merchant. Any claim/disputewhich the Cardmember may have against the Merchant shall not relieve the Cardmember of theCardmembers obligation to pay to the Bank the amount incurred on the Card.

3.7 The Cardmember may use the Card to effect ATM transactions. Such usage will be subject to theBanks terms and conditions for ATM transactions and/or the terms and conditions of theparticipating MasterCard/VISA Member Banks in addition to the terms and conditions in thisAgreement.

3.8 The Cardmember agrees that:-a) where the Cardmember enjoys other banking facilities with the Bank and in the opinion

of the Bank, such other banking facilities or this Card facility is not conducted in amanner satisfactory to the Bank; and/or

b) if the Card is found to be used for any unlawful activities, including but not limited toillegal online banking, betting or gambling

The Bank shall be entitled to immediately suspend, cancel or recall the Card with prior noticeand liability to the Cardmember.

3.9 Excess of Credit Limita) Any transactions in excess of the assigned Credit Limit will be subject to the

Cardmembers good conduct of account and the excess limit allowable is only at thediscretion of the Bank.

b) An Excess Limit Fee of 2% of the amount above the assigned Credit Limit or a minimum

7/29/2019 AmBank aggrmnt

4/12

of RM50, whichever higher, shall be imposed on Cardmembers if their transactionexceeds the Credit Limit.

c) The Cardmember shall ensure that the total amount owing to the Bank in the CardAccount does not exceed the Credit Limit. In this respect the Cardmember shall solely be

responsible for monitoring the utilization of the Card and the Bank is under no duty orobligation to ensure that the Cardmembers Credit Limit is not exceeded.d) The Cardmember undertakes to immediately settle all amounts in excess of the Credit

Limit upon receipt of the Card Statement or upon demand, failing which the Bank shall,without prejudice to its other rights hereincontained, be entitled to immediatelysuspend, cancel or recall the Card with prior notice and liability to the Cardmember.

e) Cardmember must notify the Bank should they choose to spend within their assignedCredit Limit. Once Cardmember have done so, any transactions in excess of the assigned

Credit Limit will be declined. However, this would not be applicable to stand-inprocessing transactions, interest or any fees imposed by the Bank and auto-debittransactions. Stand-in Processing transactions are transactions involving paymentnetwork authorization (ie Visa/MasterCard) service which is required for use if or whenthe Bank authorization processor is unavailable. For auto-debit transactions, the ExcessLimit Fee would still be imposed.

3.10 Daily Withdrawal Limit for Cash Advance

a) The use of the Card for cash withdrawal at an ATM is subject to the daily withdrawal limitof the respective ATMs and/or the Banks Cash Advance limit and/or Cardmembersavailable Credit Limit whichever is lower.

b) The Bank may change the Cash Advance limit from time to time at its sole and absolutediscretion by giving prior notice.

4. Supplementary Card

4.1 At the request of the Cardmember, the Bank may at its sole discretion issue a SupplementaryCard to the Supplementary Cardmember.

4.2 The Bank shall collect from either the Cardmember or the Supplementary Cardmember theoutstanding balances in the Card Account relating to the Supplementary Card without givingup any of its rights.

4.3 The Supplementary Card may be cancelled upon notification in writing by the Cardmember tothe Bank, provided such cancellation shall not affect the Cardmembers and/or theSupplementary Cardmembers rights, duties and obligations accrued before such cancellation.

The notice shall be accompanied by the Supplementary Card which shall be cut in halves andreturned to the Bank.

4.4 The Supplementary Cardmember, shall only be responsible for all transactions arising from theusage of his Supplementary Card. These responsibilities shall survive the termination of thisAgreement.

4.5 The Cardmember shall ensure that the Supplementary Cardmember complies with the termsand conditions set out in this Agreement.

5. Overseas Transactions

5.1 The Cardmember may use the Card outside Malaysia at MasterCard/VISA Merchants,MasterCard/VISA Banks or MasterCard/VISA ATMs.

5.2 All international Cash Advances shall be subject to the laws of the country where the CashAdvance is made.

5.3 For transactions effected outside Malaysia in any foreign currency, such charges shall first beconverted into Ringgit Malaysia at such exchange rate as determined by MasterCard/VISA at its

sole and absolute discretion before being debited to the Card Account.5.4 The Cardmember shall comply with all applicable Exchange Control laws (including regulations

prescribed by Bank Negara Malaysia or any other regulatory authority) in respect of anyoverseas transaction. The Cardmember shall be solely responsible and liable for anyinfringement of such laws.

6. Card Account

6.1 The Bank shall maintain separate Card Accounts for the Cardmember and his SupplementaryCardmember for each Card held and all transactions effected by the use of the Cards and all

fees and charges in respect of thereof shall be debited to the respective Card Accounts.

7/29/2019 AmBank aggrmnt

5/12

6.2 A Card Statement for all Card Accounts belonging to the Cardmember and the SupplementaryCardmember stating the transactions posted to the Card Accounts shall be sent to theCardmember monthly or at such intervals as the Bank may deem fit, on a date determined bythe Bank and the Bank may at its sole and absolute discretion select any date of the month to

be the Card Statement date.6.3 Notwithstanding clause 6.2, the Cardmember agrees that no Card Statement will be mailed tothe Cardmember in the event:a) there is a credit balance in the Card Statement; and/orb) there is no outstanding balance in the Card Statement; and/orc) there are no transactions for the particular month.However, in such a situation, Card Statement will be available to the Cardmember uponrequest.

6.4 All records and entries in the Card Statement shall be deemed correct and binding on theCardmember unless the Cardmember notifies the Bank in writing of any errors in the CardStatement not later than fourteen (14) days from the date of the Card Statement. Allcomplaints or disputes received by the Bank after such period shall not be entertained.

6.5 The Cardmember shall within 30 days after any change takes effect, notify the Bank in writingof any changes to the Cardmembers present and/or permanent residential address, telephonenumbers or employment as stated or declared in the application form. The Cardmember shall

also inform the Bank of his intention to be absent from Malaysia to avoid card usageinterruption.

7. Payment

7.1 Upon receipt of the Card Statement, the Cardmember shall on or before the Payment Due Dateas stated in the Card Statement, pay to the Card Account the Minimum Payment Due or theoutstanding balance, whichever is lower.

7.2 Where the Cardmember fails to make payment under subclause 7.1 above, the Bank shall beentitled to charge the Cardmember and the Cardmember shall be liable to pay certainadditional charges described in Clause 11 of this Agreement.

7.3 All payments to the Card Account must be made in Ringgit Malaysia. Payment by theCardmember shall not be considered to have been made until the relevant payments havebeen received for value by the Bank. All payments by outstation cheques shall include therelevant bank commission where applicable. Failure to include such commission shall entitlethe Bank to debit the Cardmembers Card Account for the same.

7.4 Payments made by the Cardmember to the Card Account will be used to pay off outstandingamounts that attract the highest finance charges rate first.

7.5 The Cardmember shall not withhold payment notwithstanding any dispute.7.6 In the event, the Cardmember pays the Bank an amount exceeding the total balance

outstanding (Prepayment), the Bank is entitled to verify the source of the funds of thePrepayment, at any time at its absolute discretion. Subject to the Bank having satisfied itselfwith the verification, the Bank, without any prejudice to any other rights of the Bank, mayapply the Prepayment towards the Cardmembers payment obligation of the purchases andtransactions effected by the Card. Pending the Banks verification of the source of the funds,the Bank reserves the right to suspend the use of the Card and/or decline any transactionattempted to the Card by the Cardmember after the Prepayment.

8. Possession of The Card

8.1 The Card remains the property of the Bank at all times and the Cardmember shall return to theBank the Card cut in halves when requested to do so or if the use of the Card by the

Cardmember is cancelled or suspended.

9. Lost/Stolen Card

9.1 The Cardmember shall take reasonable precautions to prevent loss or theft of the Card. In theevent of any loss or theft of the Card or the disclosure of the PIN to any unauthorised person,the Cardmember shall immediately notify the Bank at the place or location designated by theBank from time to time to handle the daily operations relating to the Card (the Bank Card

Centre) by telephone, upon discovery of such loss or theft followed by delivery of writtenconfirmation and a copy of the police report made by the Cardmember for the lost/ stolen Card

to the Bank Card Centre as soon as possible.

7/29/2019 AmBank aggrmnt

6/12

9.2 The Cardmember shall be liable for all transactions incurred from any unauthorised usage ofthe Card until a report of the loss or theft has been received by the Bank Card Centre. The Bankmay at its absolute discretion resolve that the Cardmembers liability be limited to RM250.00provided the Cardmember has not acted fraudulently or has failed to inform the Bank as soon

as reasonably practicable after having found that his Card is lost or stolen.9.3 The Cardmember shall be and remain liable for all transactions incurred from unauthorisedusage of the Card if investigations by the Bank or the Police show the Cardmembersinvolvement in the use of the Card by any unauthorised person.

9.4 The Bank is under no obligation to issue a replacement Card following the loss or theft of the Card.

10. Suspension/Cancellation/Termination

10.1 In addition to and without prejudice to any of the Banks other rights contained in this

Agreement, the Bank may, with notice and without assigning any reason whatsoever at itsabsolute discretion without any liability whatsoever to the Cardmember cancel, withdraw orrevoke the Card or suspend or restrict the use of the Card or any Supplementary Card under theCard Account or any of the services at any time or upon the occurrence of any of the events setout in clause 10.3. Such cancellation or revocation of the Card or suspension or restriction of theuse of the Card imposed on the Cardmember shall also apply to his SupplementaryCardmember and vice versa.

10.2 All monies owing to the Bank under the Cardmembers Card Account shall become due andimmediately payable upon the happening of any of the following events:a) the Cardmember defaults in any due payment; orb) the Cardmember is adjudged a bankrupt or is insolvent , dies or becomes insane; orc) any of the Cardmembers real or personal property is the subject of a levy of execution,

writ of attachment, or other legal encumbrance; ord) after a credit check, the Bank deems the Cardmember to be a credit risk (even though

the Cardmembers account may be in current); ore) the Cardmember uses the Card in excess of the Cardmembers Credit Limit; orf) the Cardmember fails to comply with any of the provisions set out in this Agreement; org) the whereabouts of the Cardmember is unknown to the Bank; orh) the Cardmember enters into or attempts to enter into a composition with creditors; ori) if any of the agreement, contract and/or instrument pursuant to the Card shall be

challenged with regards to its validity by any person.10.3 Upon full settlement of all outstanding amounts due under the Card Account, the Cardmember

may terminate this Agreement by giving the Bank written notice of the termination andreturning the Card and/or the Supplementary Card cut in halves to the Bank Card Centre. TheCardmember and the Supplementary Cardmember shall remain liable for all transactionseffected through the use of the Card prior to the Banks receipt of such written notice oftermination together with the Card cut in halves.

10.4 Upon cancellation of the Card or upon revocation, suspension, termination or restriction on theuse of the Card, all monies owing to the Bank, shall become payable immediately and theCardmember shall upon demand by the Bank, settle in full to the Bank all monies due andoutstanding in his Card Account failing which the Bank may proceed to take any action deemednecessary at its sole and absolute discretion to recover the same.

10.5 In the event any Card and/ or Supplementary Card is cancelled or revoked, the Bank maywithout incurring any liability, place the Card and/or Supplementary Card number on theCancellation Bulletin and circulate it to all Merchants and/or MasterCard/VISA Member Banks.

11. Fees and Charges

11.1 The Cardmember agrees to pay and authorises the Bank to debit his Card Account for thefollowing fees and finance charges:a) Annual fee as prescribed by the Bank for the Card and each Supplementary Card issued

or renewed which fee shall be determined or varied by the Bank from time to time andany service tax or other taxes which may be imposed by any relevant authority fromtime to time with prior notice.

b) If the Card Account has been terminated by the Cardmember or by the Bank and monies

are still owing under the Card Account, the Bank shall be entitled to continue to imposethe annual fee and collect service tax and other taxes until the Card Account is fullysettled.

7/29/2019 AmBank aggrmnt

7/12

p) A Credit Balance Refund Fee of RM2 on all refund of overpaid amount (credit balance)

on the Card Account.

7/29/2019 AmBank aggrmnt

8/12

Finance charges at the following rates calculated on a daily rest basis (Tiered FinanceCharge), will be imposed on the balance outstanding:a) 1.25% per month (15% per annum) for the Cardmember who has promptly settled his

Minimum Payment Due in accordance with clause 7.1 hereof for 12 consecutive months; or

b) 1.42% per month (17% per annum) for the Cardmember who has promptly settled hisMinimum Payment Due in accordance with clause 7.1 hereof for at least 10 months in a 12months cycle; or

c) 1.5% per month (18% per annum) if the Cardmembers payment record does not fallwithin either (a) or (b) above.

The Card Account will reflect the full interest of 18% per annum every month and an interestrebate amount of 3% per annum or 1% per annum whichever is applicable will be credited tothe Cardmember after every 12 months depending on whether the Cardmember falls within

sub-clauses (a) or (b) above.11.4 The Tiered Finance Charge does not apply to:

a) Cash Advances. All outstanding balance due to Cash Advance shall be subject to clause11.1 (c); and

b) AmTransfer Program. All outstanding balance due under the AmTransfer Program shallbe subject to clause 11.1(f) and clause 13.

11.5 Cardmember who have fully settled the preceding months outstanding balance before or on

its relevant Payment Due Date as evidenced by the current months Card Statement, will enjoythe benefit of the interest free period in the current month for the new retail transactionposted to the current months Card Statement. The interest-free period for retail transactionsstarts from the Card Statement date and ends on the Payment Due Date. Retail transactionsshall mean transactions other than Cash Advances and betting or gaming transactions.

12. AmBonus (applicable to Cards with AmBonus points only)

12.1 For every RM1 charged to the Card for new retail purchases, one (1) AmBonus point will berewarded.

12.2 AmBonus points are applicable to retail spending only. Interest, finance charges, Cash Advancefees, balance transfers, other fees imposed by the Bank and outstanding balances broughtforward from the previous month are excluded from the AmBonus point computation.AmBonus points are not earned for transactions carried out at petrol stations.

12.3 AmBonus points earned on Supplementary Cards are computed separately. AmBonus pointsearned will be reflected in the Card Statement.

12.4 Different AmBonus point rates apply for selected card programs at such rates which the Bankmay stipulate from time to time with prior notice.

12.5 If any transactions are disputed and/or reversed, the Bank shall have the right to reverse theAmBonus points earned and credited from the disputed/reversed transaction. In the event theAmBonus points earned had been utilized, the Bank shall have the right to debit equivalentmonies to the Card Account.

12.6 AmBonus points accumulated have a validity of 3 years from date. Any unused or unutilizedAmBonus points will be automatically forfeited after the validity period.

12.7 Upon termination of the Card, whether effected by the Bank or the Cardmember, the unutilizedAmBonus points shall be forfeited and not redeemable by the Cardmember.

13. AmTransfer

13.1 If a Cardmember has an outstanding balance (including principal, accrued interest, finance andother charges as evidenced in the latest statement(s)) (Outstanding Balance) in anyprincipal credit or charge card account issued by other card issuers in Malaysia in his name and

such accounts are denominated in Ringgit Malaysia, the Cardmember may apply to transfer theOutstanding Balance to his Card Account. If the application to effect the transfer of theOutstanding Balance is approved, the Bank may debit the Cardmembers Card Account to paythe Outstanding Balance or any part thereof.

13.2 Payments made to settle the abovementioned Outstanding Balance utilising funds debitedfrom the Cardmembers Card Account shall be known as the AmTransfer Program orProgram.

13.3 The Bank has the sole and absolute discretion in deciding whether or not to approve theCardmembers application to participate in the Program without assigning any reason for itsdecision. Without prejudice to the foregoing, the Bank will reject applications to participate in

7/29/2019 AmBank aggrmnt

9/12

the Program if the Outstanding Balance requested to be settled:-a) exceeds the Cardmembers available Credit Limit; orb) does not meet the minimum prescribed transfer amount stipulated by the Bank.

13.4 In submitting his application to the Bank to participate in the Program, the Cardmember shall

submit to the Bank the latest credit/charge card statements evidencing the OutstandingBalance and such further or other documents which the Bank may deem necessary.13.5 The Cardmembers signature on the application form to participate in the Program in respect

of any Outstanding Balance shall constitute the Cardmembers instruction and authority to theBank to directly settle and pay the amount of the Outstanding Balance to the relevant cardissuer on behalf of the Cardmember. The amount payable to the relevant card issuer shall bethe amount specified by the Cardmember in the application form (or the amount approved, iflower) and not the amount set out in the credit/charge card statements evidencing the

Outstanding Balance, if different.13.6 Upon the Cardmembers Card Account being debited with the amount paid towards the

settlement of the Outstanding Balance or any part thereof pursuant to the Cardmembersapplication to participate in the Program, such amount will be subject to the Special InterestRate for the whole of the Special Interest Rate Term. Upon the expiry of the Special InterestRate Term, finance charges at the rate set out in Clause 11.1 (f) (currently 1.5% per month (18%per annum)) will be chargeable until full settlement. However, if at any time during the Special

Interest Rate Term the Cardmembers Card Account becomes overdue or delinquent, the Bankmay in its absolute discretion, without prejudice to any of its other rights hereincontained,immediately impose finance charges on the amount paid towards the Outstanding Balance atthe rate set out in Clause 11.1 (f).

13.7 Payment of the Outstanding Balance or part thereof (by way of InterBank GIRO/CashiersOrder/Bankers Draft issued by the Bank and forwarded to the relevant card issuer(s)) may bemade after the approval of the Cardmembers application to participate in the Program withprior notification to the Cardmember. Finance charges on such amount paid by the Bank will

be chargeable upon the same having been posted to the Card Statement.13.8 The Special Interest Rate shall be the rate specified by the Bank from time to time and

published at the time the Cardmembers application to participate in the Program is receivedby the Bank. For the avoidance of doubt, the Special Interest Rate chargeable on thetransferred Outstanding Balance is only applicable during the Special Interest Rate Term. TheSpecial Interest Rate Term shall be the term specified by the Bank from time to time andpublished at the time the Cardmembers application to participate in the Program is received

by the Bank. The Special Interest Term is calculated based on Cardmember statement cycle.Regardless of the date the balance transfer amount is debited from the Card Account, the dateof the Card Statement issued immediately after such debit shall be calculated as the 1st month.

13.9 Upon the approval of the Cardmembers application to participate in the Program, the amountequivalent to the Outstanding Balance to be settled will be earmarked from the CardmembersCredit Limit for this purpose and shall not be available for use by the Cardmember untilsettlement of the Outstanding Balance transferred pursuant to the Program.

13.10 The Cardmember shall continue and remain liable to the other credit and/or charge card issuersin respect of the cards issued by them in accordance with their respective terms and in allowingthe Cardmember to participate in the Program, no obligations or liabilities are assumed by theBank vis a vis the other credit and/or charge card issuers.

13.11 The Bank shall not be liable to the Cardmember for any interest or any other finance chargesimposed on the Cardmember by the other credit and/or charge card issuers if the Bank fails topay or delays the payment of the Outstanding Balance even though the Bank has alreadyapproved the Cardmembers participation in the Program.

13.12 The Bank reserves the right to terminate or suspend the Program with prior notice.

14. Optional Features

14.1 Cardmember who enrolls for any optional features (relevant to selected cards) provided by theBank are bound by the additional terms and conditions of each such optional feature asdetailed in the separate addendum/addenda.

15. Exclusion of Liability

15.1 The Bank shall not under any circumstances be liable for damages suffered or loss incurred bythe Cardmember in respect of any statement, representation, communication or implication

7/29/2019 AmBank aggrmnt

10/12

relating to or arising from any non-renewal or cancellation of the Card or any revocation,suspension or restriction of the use of the Card by the Cardmember or the SupplementaryCardmember including but not limited to any listing of the Card on the Cancellation Bulletin.

15.2 The Bank shall not be liable for any loss or damage caused to the Cardmember arising from any

act or omission of any Merchant or Cash Advance outlet, however caused, including anyretention of and/or refusal to honour the Card or any statement, representation or anycommunication made by such Merchant or Cash Advance outlet or any defect or deficiency ingoods purchased or services rendered. The Cardmember shall handle all claims and/or disputesdirectly with the Merchant or Cash Advance outlet and undertakes not to involve the Bank inany such claim or dispute or withhold any payment due to the Bank upon the occurrence ofsuch claim or dispute.

15.3 The Bank shall not under any circumstances be liable for any loss or damage suffered or

incurred by the Cardmember due to any suspension, withdrawal or unavailability of any of theCard facilities and the Cardmember hereby agrees that the Bank is entitled in its discretion toterminate, suspend or withdraw any of the Card facilities with having to give prior notice to theCardmember.

15.4 The Cardmember and/or the Supplementary Cardmember hereby agrees to waive and/or torelease the Bank from any claims or demands arising directly or indirectly (including anypurported claim for defamation or losses incurred) from the withdrawal of the Card or for

denial of any charges regardless of his and/or their standing or that his Card Account is withinthe Credit Limit.

15.5 If the Bank is unable to produce or send a Card Statement, the Cardmembers liability for feesand charges shall continue.

16. Miscellaneous

16.1 Variation

a) The Bank shall have the right to vary, add to or delete the Terms and Conditions from

time to time by notifying the Cardmember 21 days in advance, of any such changes or

publishing any change of such Terms and Conditions before the effective date in any

manner as it considers appropriate. The Cardmember will be bound by such alterations

and amendments upon the effective date specified by the Bank. If the Cardmember does

not agree to such changes, the Cardmember shall immediately terminate the use of the

Card by giving prior written notice to the Bank and returning the Card cut in halves to the

Bank Card Centre together with full settlement of all amount outstanding to the Card

Account.

b) Retention or use of the Card or not paying off all amounts outstanding to the Card

Account after the effective date of any change of these Terms and Conditions shall be

deemed to constitute acceptance of such changes without reservation by the

Cardmember.

16.2 Disclosure

a) The Bank may disclose any information relating to the Cardmember or the

Cardmembers Card Account or any other accounts held with the Bank and conduct

thereof, the Cardmembers particulars and the Cardmembers affairs (financial or

otherwise) howsoever obtained by the Bank (hereinafter collectively referred to as

Cardmembers information) to:-

i) The Central Credit Unit established by Bank Negara Malaysia or to any other credit

bureau or agencies approved by the Association of Banks of Malaysia; and/or

ii) Any Merchant, participating Financial Institutions, MasterCard/VISA and any

member institution of MasterCard/VISA which accepts the Card, any member of

VISA International Service Association and/or MasterCard International Inc; and/or

iii) AmBank Group, its agents, servants and/or associates or such persons as the Bank

deems necessary; for any purpose deemed appropriate by the Bank in its sole and

absolute discretion including without limitation: (i) to facilitate the performance

and functions of the Bank; and/or (ii) to prevent crime and for audit, debt

collection and service process purposes; and/or (iii) to investigate, report and

prevention of money laundering, terrorist financing and criminal activities

generally; and/or

7/29/2019 AmBank aggrmnt

11/12

iv) for any and all other purposes imposed by or in accordance to law and regulations.

b) Disclosure of Cardmembers information to selected third parties inclusive of AmBank

Group for purposes of cross-selling, marketing and promotional will be permitted unless

the Cardmember expressly objects in writing to such disclosure. The Cardmember will be

given the option to disallow disclosure or information sharing with third parties inclusiveof AmBank Group for crossselling, marketing and promotional purposes.

16.3 Law - This Agreement shall be governed by and construed in accordance with the laws of

Malaysia and the Cardmember agrees to submit to the jurisdiction of the Courts in Kuala

Lumpur and hereby waives any objection to proceedings being brought in the Courts of Kuala

Lumpur either on the ground of venue or on the ground of inconvenient forum.

16.4 Indemnity - Notwithstanding any other provisions of this Agreement, the Cardmember agrees

to indemnify the Bank for any loss or damage, costs and expenses, fees and charges which theBank may incur due to a breach of any terms of this Agreement by the Cardholder and/or in

enforcing or attempting to enforce any of the terms of this Agreement against the

Cardmember and/or the Supplementary Cardmember.

16.5 Notices - Card Statements, Notices, legal process shall be deemed to have been received after

posting to the Cardmember and the Supplementary Cardmember at the last known address

notified to the Bank Card Centre. The parties hereby agree that the service of any Writ or

summons or any other legal process in respect of any claim arising from or connected with thisAgreement may be effected on the Cardmember by sending a copy of the same by prepaid

ordinary post to the Cardmembers address stated in the Banks Credit Card Application Form

or to the last known address as may be notified by the Cardmember to the Bank and such

postings shall be deemed good and sufficient service thereof on the Cardmember whether or

not the same shall be returned undelivered. Any failure on the part of the Cardmember to

notify any change of his/her address resulting in delay or return of any Card Statements,

Notices, correspondences and legal process shall not prejudice the Banks right andentitlement under this Agreement.

16.6 Force Majeure - The Bank shall not be liable for failure to carry out its obligations due directly

or indirectly to any Acts of God, or force majeure, war (whether declared or undeclared), strike,

riot, civil commotion, acts of terrorists, industrial dispute, labour unrest, lock-out, fire, accident,

breakdown of machinery, data processing system or transmission link or telecommunication

system failure or electrical failure, or, without limiting the generality of the foregoing anything,

any matter beyond the control of the Bank.16.7 Binding Effect - The obligations of the Cardmember and the Supplementary Cardmember shall

be binding on the personal representatives and heirs of the Cardmember and the

Supplementary Cardmember.

16.8 Authority to Renew - The Cardmember authorises the Bank to renew the Card for the

Cardmember and the Supplementary Cardmember upon its expiry. However, notwithstanding

such authorisation the Bank shall be entitled at, its absolute discretion, to withhold or refuse to

renew any Card.16.9 Right to Set Off and Consolidation - The Cardmember agrees that the Bank may at its absolute

discretion at any time immediately combine, set-off or consolidate all or any account(s) of the

Cardmember including accounts in the name of the Bank or of the Cardmember jointly with

others, where such joint account is maintained in the name of the Cardmember and the

Supplementary Cardmember (whether current, deposit, loan or any other nature whatsoever

whether subject to notice or in whatever currency) wheresoever situated and set-off or

transfer any sum standing to the credit of any such account(s) in or towards satisfaction of allthe Cardmembers and/or the Supplementary Cardmember liabilities to the Bank including but

not limited to the settlement of the debit balance due under the Card Account. The Bank shall

have the right at any time and from time to time, to suspend and/or prohibit any withdrawals

from any of the Cardmembers current and deposit accounts maintained with the Bank and the

Bank will give a notice of 7 days to the Cardmember of its intention to exercise its right to

set-off or transfer any credit balance in the Cardmembers current and deposit account towards

payment of the debit balance in the Card Account.16.10 Section 62 Banking and Financial Institutions Act 1989 - The Cardmember and the

Supplementary Cardmember shall indicate on the application forms if they are connected

7/29/2019 AmBank aggrmnt

12/12

parties pursuant to the revised Guidelines on Credit Transactions and Exposures With

Connected Parties applicable to all Banks and in relation to Section 62 of Banking and

Financial Institutions Act 1989. Where no indication or affirmation is made on the application

form, the Cardmember and the Supplementary Cardmember shall be deemed to be

non-connected parties.16.11 Time - Time wherever mentioned shall be of the essence of this Agreement.

16.12 Waiver - Notwithstanding any provision to the contrary, no failure or delay on the part of the

Bank in exercising any of its rights, powers or remedies herein shall be construed as waiver and

shall not impair such rights, powers or remedies.

16.13 Preservation of Rights and Entitlement - Notwithstanding anything in this Agreement, the

Banks rights and entitlement under this Agreement shall continue to remain in full force and

effect and shall survive any cancellation, revocation or suspension of the Card by the Bank.16.14 Certificate of Indebtedness - A certificate signed by an authorised officer of the Bank as to the

monies for the time being due and owing to the Bank from the Cardmember shall in the

absence of manifest errors be conclusive evidence and proof that the amount appearing

therein is due and owing and payable by the Cardmember to the Bank.

16.15 Appointment of Agent - In amplification and not in derogation of its rights under this

Agreement, the Bank shall have the right to appoint an agent of its choice to collect all and any

sums due to the Bank from the Cardmember under this Agreement.16.16 Suspense Account - Any payment received hereunder may be placed and kept to the credit of

a non-interest bearing suspense account for so long as the Bank thinks fit and the Bank may

apply the same or any part thereof in or towards discharge of any money or liabilities due or

incurred by the Cardmember. Notwithstanding any such payment in the event of any

proceedings in or analogous to bankruptcy or insolvency of the Cardmember, the Bank may

prove for and agree to accept any dividend or composition in respect of the whole or any part

of such money and liabilities against the Cardmember.16.17 Reconstruction of the Bank - The obligations and liabilities of the Cardmember shall continue

to be valid and binding for all purposes whatsoever notwithstanding any change in the

constitution of the Bank which may be made by amalgamation, reconstruction or otherwise.

16.18 A Malay language version of this Agreement will be available to the Cardmember at the Banks

website or upon request.

16.19 Cardmember is required to check the Banks website periodically for the most recent updates

of terms and condition as any changes or updates to these terms and conditions published onthe Banks website will be binding on the Cardmember.

For any assistance, Cardmember may contact the Bank through its Contact Centre at +603-2178 8888.

Version : July 2012