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Citibank · Thank you for choosing a Citibank Persona Credit Account It is important that You and...

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Citibank Citibank Personal Credit Terms and Conditions
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Citibank

Citibank Personal CreditTerms and Conditions

Please note

Page 1 of Your Account Terms and Conditions is the �etter You�etter You received confirming Your financia� tab�e and Account detai�s�and Account detai�s�

Contents Page

1� Definitions 42� Opening of Account and Issue of Cheque,

Card and Security Code 73� Credit Limit and Avai�ab�e Credit 84� Additiona� Cardho�ders or Signatories and

Rep�acement Cards 85� Use of Account, Card or Identifier 96� Property of Card and Cheque 97� Securing the Card, Identifier and Security Code 108� Lost or Sto�en Cheque, Card or Security Code and

Unauthorised Transactions 119� Liabi�ity for Unauthorised EFT Transactions 1210� Statement of Account 1311� E�ectronic Statements 1312� Paying the Account 1413� Account in Credit 1514� App�ication of Payments 1515� Fees, Charges and Expenses 1516� Interest Charges 1617� Specia� Promotions 1618� Defau�t and Cance��ation of Credit Faci�ity 1719� C�osing Your Account 1820� Variation 1921� Error/Dispute Reso�ution 1922� Responsibi�ity for Recurring Instructions

and Goods and Services Supp�ied 2023� Limits on Cash 2124� Limits on Use of E�ectronic Equipment 2125� Ma�function of E�ectronic Equipment or

E�ectronic Systems 2126� Currency Conversions 2127� Refunds 2228� Refusa� to A��ow Use of Card 2229� Transaction Record 2230� Password 2231� Certificate 2232� Notices 2333� Change of Persona� Detai�s 2334� App�icab�e Law 2335� No �iabi�ity 2436� Privacy at Citigroup Austra�ia 2437� Codes of Conduct 2638� Assignment 2639� Severabi�ity 2640� No Mortgage 2641� Commission 2642� Information on Request 27THINGS YOU SHOULD KNOW ABOUT YOUR PROPOSED CREDIT CONTRACT 27

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Thank you for choosing a Citibank Persona� Credit Account�

It is important that You and any Additional Cardholder or Signatory read and understand these Terms and Conditions.

This document contains important information about the proper management of Your credit faci�ity and detai�s the respective rights and ob�igations of You and Citibank� P�ease retain this book�et for future reference�

Accepting the Citibank Offer

The first use of the credit faci�ity by You or an Additiona� Cardho�der or Signatory wi�� constitute agreement to the Terms and Conditions�

If You are issued a Card for use on this Account, You must sign the signature pane� on the reverse of the Card with a ba��point pen immediate�y upon receiving it�

If you do not agree with these conditions:

• do not sign Your Card or transact on the Account;

• do not a��ow an Additiona� Cardho�der or Signatory to sign a Card or transact on the Account;

• cut Your Card diagona��y in ha�f and return it to Citibank immediate�y;

• destroy Your PIN – do not return Your PIN advice to Citibank; and

• advise Us immediate�y by ca��ing CitiPhone Banking using the number on the back of this book�et�

Activating Your Card

To activate Your Card p�ease ca�� CitiPhone Banking using the te�ephone number �isted on the back page of this book�et and fo��ow the voice prompts�

Securing Your Card

As a security precaution, Your Security Code in the form of Your persona� identification number (PIN) wi�� be mai�ed to You separate�y� The security of the Card and any Security Code is very important� The Card and Security Code must not be used by any person other than the Cardho�der�

What to do if Your Card, Security Code or Cheques are Lost or Stolen

If it is suspected that a Card or Cheque has become �ost or sto�en or that an Unauthorised Transaction has been effected on Your credit faci�ity, p�ease contact CitiPhone Banking immediate�y� P�ease note that subject to c�ause 9 You may be �iab�e for Unauthorised Transactions resu�ting from poor Card or code security or where Citibank has not been notified immediate�y of a Card or Security Code becoming �ost or sto�en�

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About Your Statement

You wi�� be issued with a month�y statement of Your Account� P�ease ensure that the “Tota� Minimum Payment Due” is paid by the Payment Due Date as non-payment may resu�t in cance��ation or suspension of the credit faci�ity� It is You as the Primary Cardho�der who is responsib�e for a�� payments required on the Account�

Financial Transaction Reports Act

The Financia� Transaction Reports Act requires certain Cardho�ders to provide evidence of their identity� Where Citibank’s records indicate that We have not received this information, Citibank is required by �aw to restrict access to Your credit faci�ity, in some circumstances without notice�

Where You do not a�ready comp�y, fu�� detai�s of this Federa� Government requirement wi�� be provided to You� If You are concerned that Your credit faci�ity may be affected prior to this time, p�ease contact CitiPhone Banking immediate�y�

Terms and Conditions

This document is one of severa� documents forming the precontractua� statement� The pre-contractua� statement constitutes Your contract with Citibank�

This document together with any other document that Citibank may issue from time to time stating that it makes up part of the Terms and Conditions of the Account are the documents which Citibank must provide to You where Your Account is subject to the Consumer Credit Code.

In these Terms and Conditions reference to the singu�ar inc�udes the p�ura� and the p�ura� inc�udes the singu�ar�

1� Definitions

Account means Your “Citibank Persona� Credit” credit faci�ity�

Additional Card means a Card issued in accordance with c�ause 4�

Additional Cardholder or Signatory means the person who is nominated by You to effect Transactions separate�y on Your Account�

Amount Due means the minimum month�y payment required on Your Account as shown on Your Statement, that must be paid by the Payment Due Date�

Annual Percentage Rate (APR) means the percentage rate or rates per annum used to ca�cu�ate interest charges as notified to You from time to time�

ATM means Automatic Te��er Machine�

Available Credit means the difference between the Credit Limit and the sum of the outstanding ba�ance and any Transactions not yet debited to Your Account�

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Card means any Citicard or other access card inc�uding a VISA or MasterCard authorised by Citibank for use on Your Account and inc�udes a Card issued to an Additiona� Cardho�der�

Cardholder means You and any Additiona� Cardho�der or Signatory�

Cash Advance means a Transaction where cash or its equiva�ent is obtained, as determined by Citibank at its discretion, inc�uding but not �imited to Transactions such as a te�egraphic transfer or other credit transfer, certain bi�� payments and the purchase of trave��ers cheques or gamb�ing tokens�

Chargeback means the re�evant operating ru�es for transferring the Transaction Amount of a disputed Card Transaction from the Merchant’s financia� institution to Your Account�

Cheque means any cheque issued by Citibank to You or on Your beha�f, or any cheque faci�ity attached to Your Account (exc�udes trave��ers cheques and convenience cheques)�

Citibank means Citigroup Pty Limited (ABN 88 004 325 080), its successors and assigns�

Citishare Network means a�� ATM networks and institutions participating in such networks that have contracted with Citishare Corporation to permit Cardho�ders to uti�ise their Cards at the ATMs of the participating institutions� This term does not inc�ude any institutions at which Cardho�ders may uti�ise their Card by virtue of networking arrangements made by the VISA and MasterCard organisations�

Citishare Network Member means a�� institutions and corporations nominated by Citibank to participate in, and the processors of information or data in re�ation to, the Citishare Network�

Closing Balance means the tota� amount outstanding on Your Account at the end of the Statement Period�

Credit Limit means the amount agreed from time to time as being the maximum amount of credit which Citibank wi�� extend on Your Account�

Credit Purchase means a Transaction other than a Cash Advance or a Specia� Promotion, as determined by Citibank at its discretion�

Daily Transaction Limit means the dai�y �imits referred to in c�ause 23 and 24�

Daily Percentage Rate means the app�icab�e Annua� Percentage Rate divided by 365�

Device means a physica� device used with E�ectronic Equipment to access Your Account, for examp�e a Card, token or biometric reader�

Easi-Pay means the automatic payment p�an offered by Citibank for use in connection with Your Account�

EFT Transaction means a Transaction to which the E�ectronic Funds Transfer Code of Conduct app�ies�

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EFTPOS means E�ectronic Funds Transfer Point of Sa�e�

Electronic Equipment inc�udes, but is not �imited to, any e�ectronic termina� (such as ATM and EFTPOS termina�), computer, te�evision, and te�ephone, which are approved by Citibank and through which Transactions may be effected�

Identifier means information inc�uding an account number, Card number and Card expiry date:

• the content of which is known to a Cardho�der but not on�y to a Cardho�der; and

• which the Cardho�der is not required to keep secret�

Merchant means any entity (inc�uding any approved deposit taking institution) with whom a Transaction may be effected�

Network means the organisations, institutions and schemes through which You may perform Transactions on Your Account inc�uding the Citishare Network�

Our/Us/We refers to Citigroup Pty Limited ABN 88 004 325 080, its successors and assigns�

Password means a genera� Security Code�

Paylite means the agreed payment p�an for a nominated transaction in Your Citibank Account�

Payment Due Date means the date specified in Your Statement for payment of the Tota� Minimum Payment Due�

PIN means the Security Code in the form of the persona� identification number a��ocated to a Card by Citibank or as changed by You�

Primary Cardholder means You�

Recurring Instruction means an instruction provided by a Cardho�der to a Merchant that is of a continuing or recurring nature and a��ows for goods or services to be provided by the Merchant in the future (e�g� a magazine subscription) or for the payment for goods or services by insta��ments�

Security Code means information inc�uding ATM PIN, On�ine PIN, TPIN and Password:

• the content of which is known on�y to a Cardho�der and Citibank; and

• which Citibank requires the Cardho�der to keep secret�

Special Promotion means any Transaction or promotiona� offer identified by Citibank as a Specia� Promotion, inc�uding but not �imited to ba�ance transfers, Pay�ite and convenience cheques�

Statement means Your statement of Account�

Statement Period means the period to which a Statement app�ies�

TPIN means the Security Code in the form of a te�ephone PIN that may be required to access Your Account by te�ephone�

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Terms and Conditions means the terms and conditions set out in this document and any other document issued by Citibank which states that it forms part of the Terms and Conditions of Your Account�

Third Party means any person or company other than You, Citibank or a re�ated body corporate of Citibank�

Total Minimum Payment Due means the amount, advised to You on Your Statement, required for payment by the Payment Due Date and inc�udes any overdue amounts�

Transaction means any transaction authorised by a Cardho�der which is made by the use of a Card, an Identifier, the Card or Identifier and Security Code, by signature or by any other means authorised by Citibank from time to time� A Transaction may inc�ude, but is not �imited to, a Credit Purchase, a Cash Advance or a Specia� Promotion�

Transaction Amount means the do��ar amount posted to Your Account due to the effecting of a Transaction�

Transaction Date means the date on which a Transaction is effected�

Unauthorised EFT Transaction means an EFT Transaction that is made without the Cardho�der’s know�edge, consent or authorisation�

Unauthorised Transaction means a Transaction that is made without the Cardho�der’s know�edge, consent or authorization and inc�udes as app�icab�e an Unauthorised EFT Transaction�

Warning Bulletin means the notice circu�ated to Merchants advising them of �ost, sto�en, cance��ed or suspended Cards�

You/Your means the person in whose name the Account is he�d�

2� Opening of Account and Issue of Cheque, Card and Security Code

(a) These Terms and Conditions form part of the contract offered to You by Citibank to provide You with a credit faci�ity�

(b) Citibank may issue You (and any Additiona� Cardho�der or Signatory that You have nominated) with a Card, and a separate Security Code for use on the Account�

(c) Where Your Account has a cheque faci�ity avai�ab�e Citibank may issue You with a chequebook for use on the Account�

(d) Acceptance of the Citibank offer occurs on the first use (which inc�udes a Transaction, Card activation or a payment to the Account) of the credit faci�ity by You or an Additiona� Cardho�der or Signatory and wi�� constitute agreement to the Terms and Conditions�

By accepting the Citibank offer You agree:

(i) that the intended use of credit obtained under this contract is for persona�, domestic or househo�d purposes and consent to and authorise Citibank and

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any of its authorised service providers to co��ect, store, communicate, process, re�ease and transmit a�� information and data in any form necessary to enab�e processing, management and reconci�iation of Your account;

(ii) You wi�� be he�d �iab�e for repayment of a�� amounts debited to Your Account� A�� such amounts are a debt due to Citibank by You�

3� Credit Limit and Available Credit

(a) The Credit Limit shown in the financia� tab�e on the �etter You received confirming Your Account detai�s, is the maximum amount of credit to be extended under this credit faci�ity and shou�d under no circumstances be exceeded� Your Credit Limit may be reviewed at a future date at Citibank’s discretion�

(b) Any excess above Your Credit Limit sha�� be immediate�y repayab�e by You without the necessity for Citibank to demand repayment�

(c) By processing a Transaction which causes You to exceed the Credit Limit, Citibank is not increasing Your Credit Limit�

(d) Your Account must not be used where the Transaction Amount exceeds the amount of the Avai�ab�e Credit (as at the date of presentation or representation of a Cheque or the date of a proposed Transaction)� If You do this Citibank may without notice to You:

(i) countermand or stop payment of that Transaction and reverse a�� entries in respect of that Transaction; or

(ii) otherwise refuse to process the Transaction�

4� Additional Cardholders or Signatories and Replacement Cards

(a) You may at any time app�y for an Additiona� Card to be used in the operation of this credit faci�ity�

(b) Citibank may at its discretion a��ow an additiona� person nominated by You to operate separate�y on Your Account� We may (at Our discretion) seek confirmation from You before processing certain Additiona� Cardho�der requests�

(c) Citibank at its discretion may issue the nominated person an Additiona� Card to operate on the Account and a separate Security Code for use on the Account� Where a cheque faci�ity is avai�ab�e, Citibank may a�so issue a chequebook to the Additiona� Cardho�der or Signatory�

(d) An Additiona� Card inc�uding a reissued, renewed or rep�acement card is subject to the Terms and Conditions and the existing Credit Limit on Your Account�

(e) You are responsib�e for a�� amounts arising from, or �osses incurred by Citibank in connection with Transactions being effected on Your Account by an Additiona� Cardho�der or Signatory (inc�uding any use in breach of the Terms and Conditions)�

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5� Use of Account, Card or Identifier

(a) The use of the Account, Card and Cheques within and outside of Austra�ia is subject to the �aws and sanctions of Austra�ia, the USA, and any other jurisdiction re�evant to any transaction (as determined by Citibank)�

(b) The Card or Identifier or Cheques may be used to effect Transactions with participating Merchants in Austra�ia and outside Austra�ia� In accordance with c�ause 28 Citibank wi�� not be he�d �iab�e for non-acceptance of any Card or any Cheque by any Merchant�

(c) A Card or Identifier must not be used:

(i) by any person other than the Cardho�der whose name and signature appears on the Account;

(ii) during or after the Account or Card’s expiry, suspension or cance��ation;

(iii) by the Cardho�der to effect Transactions with a Merchant (other than a pub�ic�y �isted company) in which the Cardho�der has an ownership interest (which is determinab�e at Citibank’s discretion);

(iv) for the purpose of conducting business transactions or un�awfu� activities (which is determinab�e at Citibank’s abso�ute discretion)�

(d) Where Your Account has a cheque faci�ity You may be entit�ed to make drawings from Your Account by:

(i) use of the cheque forms provided by Citibank;

(ii) requesting Citibank to draw a cheque or otherwise advance funds in an agreed manner to any Third Party nominated by You�

6� Property of Card and Cheque

(a) The Card and Cheque sha�� remain the property of Citibank and may not be in any way defaced or a�tered�

(b) The Card sha�� prompt�y be cut diagona��y in ha�f and returned to Citibank by the Cardho�der in the fo��owing circumstances:

(i) upon cance��ation of the Account, the Card or the right to use the Card; or

(ii) where a Card has been previous�y reported �ost or sto�en, upon it subsequent�y being found�

In these circumstances Citibank or an agent of Citibank may ca�� on a Cardho�der to obtain possession of a Card�

(c) You must ensure that any Additiona� Cardho�der or Signatory comp�ies with this c�ause and You acknow�edge that unti� the Card is returned to Citibank, You sha�� (subject to c�ause 9) remain �iab�e for a�� Transactions unti� the Card is returned�

(d) Where Your Account has a cheque faci�ity:

(i) in accordance with c�ause 8(d) You must inform Citibank immediate�y if a chequebook has been �ost

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or sto�en or You suspect there has been unauthorised use;

(ii) where a chequebook has been previous�y reported �ost or sto�en, upon it subsequent�y being found You must destroy the chequebook and return it to Citibank�

7� Securing the Card, Identifier and Security Code

(a) Use of an approved Security Code may entit�e You to obtain such financia� detai�s in re�ation to Your Account and effect such Transactions as determined by Citibank�

(b) The Security Code may be chosen by You within such parameters that are determined by Citibank�

(c) The security of the Card and Security Code is very important� If any Cardho�der fai�s to observe these security requirements You may incur increased �iabi�ity for any unauthorised use (see c�ause 9)

The Cardho�der must:

(i) sign the signature pane� on the reverse side of the Card with a ba��point pen immediate�y upon receiving it;

(ii) not te�� anyone (inc�uding fami�y or friends) their Security Code;

(iii) not �et anyone e�se use their Card, Security Code, or Identifier;

(iv) use care to prevent anyone e�se seeing their Security Code being entered into E�ectronic Equipment or overhearing their Security Code;

(v) take reasonab�e steps to protect their Card or Security Code from �oss or theft; and

(vi) immediate�y destroy any expired Card by cutting it diagona��y in ha�f�

(d) It is recommended that each Cardho�der memorise their Security Code and then destroy any record of it� The Cardho�der must not:

(i) choose a Security Code which is c�ear�y re�ated to them (such as birth date, post code, phone number or car registration number) or which represents a recognisab�e part of their name;

(ii) choose a Security Code which has an easi�y retrieved combination (such as repeated or consecutive numbers or �etters e�g� 1111, 1234, BBBB or BCDE);

(iii) write or in anyway indicate their Security Code on their Card even if disguised; or

(iv) keep a record of their Security Code (without making a reasonab�e attempt to disguise the Security Code) on any item norma��y carried with or stored with their Card or Identifier, or �iab�e to �oss or theft at the same time with the Card or Identifier�

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(e) The fo��owing are examp�es of what is NOT a reasonab�e attempt to disguise a Security Code:

– record the Security Code as a te�ephone number where no other numbers are recorded;

– record the Security Code amongst other numbers or �etters with any of them marked to indicate the Security Code;

– record the Security Code in reverse order;

– record the Security Code as a te�ephone number or name with the Security Code in its correct sequence;

– record the Security Code disguised as a date or an amount;

– record the Security Code in an easi�y understood form�

(f) Cardho�ders shou�d not carry their Security Code with their Card or Identifier or record it e�sewhere even if they have disguised it�

(g) Where the E�ectronic Funds Transfer Code of Conduct app�ies:

(i) the above guide�ines may differ from the circumstances in which You are �iab�e for �osses resu�ting from Unauthorised EFT Transactions under the E�ectronic Funds Transfer Code of Conduct;

(ii) Your �iabi�ity for such �osses wi�� be determined under the E�ectronic Funds Transfer Code of Conduct�

8� Lost or Stolen Cheque, Card or Security Code and Unauthorised Transactions

(a) You or the Additional Cardholder or Signatory must notify Us immediately, where you suspect that:

(i) a Card is lost or stolen;

(ii) a Security Code is lost, stolen, disclosed or known to someone else; or

(iii) Your Card (or any expired Card) or Identifier or Security Code has been used to effect an Unauthorised Transaction or has otherwise been misused.

Notification should be made by calling CitiPhone Banking. If you are calling from outside Australia you may use the international operator to call the number on the back of this booklet and We will accept the charges.

(b) Upon receipt of notification Citibank may cance� the Card and/or Security Code, and may cance� the Identifier� Citibank may provide the ca��er with a notification number� A cance��ed Card and/or Security Code or Identifier must not be used again (even if it is subsequent�y found)�

(c) In the event that Citibank’s notification faci�ities (inc�uding te�ephone faci�ities) are not avai�ab�e for any reason You must attempt to contact Us severa� times� If notification sti�� cannot be made, any �osses occurring during this

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period that were due to non-notification sha�� be deemed to be the �iabi�ity of Citibank, providing notification is made within a reasonab�e time of the faci�ity again becoming avai�ab�e�

(d) Where Your Account has a cheque faci�ity:

(i) A Cardho�der must inform Citibank immediate�y if a chequebook has been �ost or sto�en or they suspect there has been unauthorised use;

(ii) A Cardho�der may stop a cheque by ca��ing CitiPhone Banking;

(iii) where any cheque drawn on Your Account is improper�y comp�eted, materia��y a�tered or postdated at presentation, Citibank may at its discretion countermand or stop payment of the cheque and reverse a�� entries in respect of that cheque�

9� Liability for Unauthorised EFT Transactions

(a) Subject to paragraphs (b), (c) and (d) of this c�ause, You wi�� not be �iab�e for Unauthorised EFT Transactions:

(i) arising from EFT Transactions that are caused by the fraudu�ent or neg�igent conduct of emp�oyees of Citibank or companies invo�ved in networking arrangements or of Merchants who are �inked to E�ectronic Equipment or of their agents or emp�oyees;

(ii) re�ating to Cards, Identifiers or Security Codes that are forged, fau�ty, expired or cance��ed or sa�es vouchers which have been forged;

(iii) arising from EFT Transactions which require the use of a Card and/or Security Code and occurring before a Cardho�der has received their Card or Security Code;

(iv) resu�ting from Unauthorised EFT Transactions occurring after notification to Citibank that an event referred to in c�ause 8(a) has occurred;

(v) which have resu�ted from Unauthorised EFT Transactions where it is c�ear that neither You or the Additiona� Cardho�der or Signatory have contributed to those �osses; or

(vi) �osses that are caused by the same EFT Transaction being incorrect�y debited more than once to Your Account�

(b) Where it is unc�ear whether or not You or the Additiona� Cardho�der or Signatory have contributed to �osses which have resu�ted from Unauthorised Transactions, Your �iabi�ity is not to exceed the �esser of:

(i) A$150�00 (or such �ower figure as may be determined by Citibank);

(ii) the Avai�ab�e Credit at the time of the Unauthorised Transaction; or

(iii) the actua� �oss at the time Citibank is notified that an event referred to in c�ause 8(a) has occurred�

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(c) Where You or the Additiona� Cardho�der or Signatory have contributed to �osses which have resu�ted from Unauthorised EFT Transactions by (inc�uding but not �imited to):

(i) vo�untari�y disc�osing the Security Code;

(ii) indicating the Security Code on the Card; or

(iii) keeping a record of the Security Code (without making any reasonab�e attempt to disguise the Security Code) with any artic�e carried with the Card or Identifier or �iab�e to �oss or theft at the same time with the Card or Identifier;

then You are �iab�e for a�� �osses that occur before Citibank is notified that an event referred to in c�ause 8(a) has occurred, except for that part of any �osses incurred which:

– on any one day exceed the Dai�y Transaction Limit; or

– exceed the Avai�ab�e Credit at the time of the Unauthorised EFT Transaction�

(d) Where You or an Additiona� Cardho�der or Signatory have contributed to �osses which have resu�ted from Unauthorised Transactions by unreasonab�y de�aying notification of the occurrence of an event referred to in c�ause 8(a), You are �iab�e for a�� �osses which occur between when You or the Additiona� Cardho�der or Signatory first became aware of (or shou�d reasonab�y have become aware of in the case of a �ost or sto�en Card or Security Code) an event occurring and when Citibank was actua��y notified, except for that part of any �osses incurred which:

(i) on any one day exceed the Dai�y Transaction Limit; or

(ii) exceed the Avai�ab�e Credit at the time of the Unauthorised Transaction�

10� Statement of Account

(a) Citibank wi�� send You a Statement each month un�ess not required by the app�icab�e �aws� In a�� cases We wi�� send You a statement at �east every 6 months, and You may request more frequent statements�

(b) Statements wi�� be expressed in Austra�ian currency�

(c) You shou�d check a�� entries on the Statement upon its receipt� Any apparent error or possib�e unauthorised use of Your Account must be immediate�y reported to Citibank otherwise, subject to c�ause 9, You may be �iab�e for the error or any Unauthorised Transactions�

11� Electronic Statements

(a) Citibank may offer to provide You with Statements, notices and other information re�ating to Your Account either:

(i) by emai�; and/or

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(ii) by making the Statement, notice or information avai�ab�e at Our website, provided:

– Citibank a�erts You by emai� to the avai�abi�ity of this information; and

– Citibank provides You with the abi�ity to readi�y retrieve and retain this information�

This offer wi�� be either on the app�ication form, by a separate notice to You or by any other means acceptab�e to Citibank�

(b) If You agree to receive Statements and other notices and information re�ating to Your Account by emai� or other e�ectronic form, You wi�� not receive a paper copy of Statements, notices or information re�ating to Your Account, un�ess You specifica��y request it�

(c) You may cance� Your authorisation to receive Statements, notices or other information re�ating to Your Account by emai� at any time, or by contacting CitiPhone Banking�

(d) Citibank wi�� send a�� notification of Statements and other notices and information to the most recent emai� address that You have supp�ied to Us� You must ensure that You notify Us of any change in Your emai� address as soon as possib�e� You may do this by emai� on Our secure website or by contacting Citiphone Banking�

(e) You may request a paper copy of any Statement, notice or other information re�ating to Your Account provided to You by emai� or other e�ectronic form within 6 months from the date of receipt of a statement or of the e�ectronic communication� Citibank may charge You a fee�

12� Paying the Account

(a) On or before the Payment Due Date specified in Your Statement, You must pay Citibank at �east the Amount Due as shown on Your Statement�

(b) Any overdue or over�imit amounts may be payab�e at Citibank’s request�

(c) Un�ess We advise You to the contrary,

(i) You may on�y make payments in the manner set out on the reverse side of Your Statement� A�� payments must be made in Austra�ian currency and paid to Citibank in Austra�ia� Any payments made in currency other than Austra�ian currency wi�� be sent to the country of origin for c�earance and can take �onger to c�ear unti� which, these funds wi�� not be credited to Your Account;

(ii) a payment wi�� not be treated as received unti� it is credited to Your Account which wi�� be as soon as practicab�e after receipt� Payments received by Citibank after 3�00 p�m� (EST) Monday to Friday or on weekends or pub�ic ho�idays may be deemed to be received on the next business day� The proceeds of which wi�� not be avai�ab�e unti� the funds are c�eared;

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(iii) where a payment is made and it is not accompanied with any means of reasonab�y identifying that it re�ates to Your Account, then the payment wi�� be deemed to be app�ied to Your Account on�y from the date You supp�y evidence to Citibank’s satisfaction that the payment shou�d be app�ied to Your Account� Where You have more than one Account with Citibank and payment is not accompanied with any means of reasonab�y identifying to which Account it re�ates, Citibank may (at its discretion) app�y the payment to the Account(s) of its choice�

(d) Any payment received by Citibank which is �ess than the fu�� amount outstanding on Your Account and which is expressed to be made in “fu�� and fina� sett�ement” (or words to this effect) wi�� on�y be treated as such where a senior officer of Citibank has previous�y and express�y agreed to this in writing� This sha�� app�y irrespective of whether the payment has been banked by Citibank�

(e) Citibank is not �iab�e for any de�ays in the processing of payments�

(f) If You are having difficu�ty making required payments (financia� or otherwise), contact CitiPhone Banking and speak to Our co��ections department to discuss payments to Your Account�

13� Account in Credit

If the ba�ance of Your Account has been in credit for 45 days or more, Citibank may at its discretion c�ose Your Account by giving You notice that is reasonab�e in a�� the re�evant circumstances, and subject to c�ause 18(f):

(a) issue You a Cheque for the amount of the credit ba�ance (exc�uding unc�eared funds) �ess any accrued interest, fees and charges and Transaction Amount up to the c�osing date (Net Credit Amount); or

(b) transfer the Net Credit Amount into a basic deposit account with Citibank that We open in Your name�

14� Application of Payments

Payments and refunds wi�� be app�ied to amounts inc�uding but not �imited to fees, charges and expenses, interest, Cash Advances, Credit Purchases and Specia� Promotions in any order as determined by Citibank considering the specific Transactions and credit p�ans then outstanding on Your Account� You may contact CitiPhone Banking for more information�

15� Fees, Charges and Expenses

Subject to app�icab�e �aws, Citibank sha�� charge to You and debit Your Account with the fo��owing:

(a) a�� Government taxes (inc�uding any Goods and Services Tax), duties and charges re�ating to Your Account and its operation both now and in the future (inc�uding those

15

imposed on the use of the Card or on Transactions) whether or not You are principa��y �iab�e;

(b) the amount, or the Austra�ian do��ar equiva�ent (as determined by Citibank) of any fee charged to Us by any Network or other Third Party in or outside Austra�ia for the provision or faci�itation of services to Your Account;

(c) any expenses reasonab�y incurred by Citibank in enforcing these Terms and Conditions against You� These enforcement expenses wi�� become payab�e in the event of a breach of the Terms and Conditions; and

(d) any fees and charges shown in the Terms and Conditions and such other fees and charges as Citibank may determine and advise You from time to time�

16� Interest Charges

(a) An interest charge is payab�e by You on the credit provided under Your Account� The interest charge wi�� be debited to Your Account at the end of each Statement Period and sha�� be the sum of the dai�y interest charges for each day of that Statement Period� The dai�y interest charge ca�cu�ation is the sum of each category of dai�y unpaid ba�ance of Your Account, separate�y mu�tip�ied by its app�icab�e Dai�y Percentage Rate� Interest charges wi�� become part of the dai�y unpaid ba�ance on the day they are debited to Your Account�

(b) Fees, charges and expenses debited to Your Account in accordance with c�ause 15 wi�� become part of Your dai�y unpaid ba�ance, for the purpose of ca�cu�ating interest charges on the day they are debited to Your Account�

(c) Transaction Amounts debited to Your Account wi�� become part of the app�icab�e dai�y unpaid ba�ance from the Transaction Dates�

(d) No “interest free period” app�ies to Your Account�

17� Special Promotions

(a) Citibank may provide a Specia� Promotion on such terms and conditions as Citibank determines, inc�uding:

(i) the Transactions which are e�igib�e for the Specia� Promotion; and

(ii) the period of time the Specia� Promotion wi�� app�y� Each Specia� Promotion wi�� be subject to those Terms and Conditions as we�� as these Terms and Conditions�

(b) Citibank wi�� on�y treat a Transaction that is e�igib�e for a Specia� Promotion as subject to a Specia� Promotion if, at the time You make the Transaction, You nominate, and Citibank agrees, that Transaction to be e�igib�e�

(c) Citibank may change any app�icab�e Specia� Promotion independent�y of these Terms and Conditions�

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18� Default and Cancellation of Credit Facility

(a) Citibank may cance� Your Account or any Card or Cheque, request a Card or Cheque to be returned, retain a Card presented to Us or otherwise restrict access to Your Account at any time without notice�

(b) Despite anything contained in the Terms and Conditions, the Account wi�� be in defau�t:

(i) if You or any Additiona� Cardho�der or Signatory is in breach of any of the Terms and Conditions;

(ii) if You or any Additiona� Cardho�der or Signatory fai� to provide Citibank with the “signatory information” required under the Financia� Transaction Reports Act 1988 prior to the occurrence of the “infringement day” as defined in Section 18(1) of that Act;

(iii) if Citibank reasonab�y be�ieves that:

– it was induced by fraud or misrepresentation to grant this credit faci�ity or issue a Card or Cheque;

– there has been fraud or misrepresentation with respect to the operation of Your Account; or

– the continued use of a Card or Cheque or Your Account may cause a �oss either to Citibank, you or an Additiona� Cardho�der or Signatory or may cause Citibank to breach any app�icab�e �aw; or

(iv) if You are in defau�t under the terms and conditions of another Citigroup faci�ity�

(c) Where Your Account is in defau�t, then subject to app�icab�e �aws, Citibank may without prior notice take any of the fo��owing actions:

(i) cance� or suspend Your Account, or the right to use any Card or Identifier or Cheque, refuse any request to reissue, renew or rep�ace any Card or Cheque or refuse authorisation of any Transaction;

(ii) give notice of any such cance��ation, suspension or refusa� to any Merchant, (inc�uding giving notice on any Warning Bu��etin) credit bureau or to any other person; and/or

(iii) require You to pay immediate�y to Citibank the who�e or any part of the outstanding ba�ance of Your Account�

(d) Where Your Account is cance��ed other than as a resu�t of Your Account being in defau�t, You must pay to Citibank the outstanding ba�ance of Your Account either:

(i) immediate�y; or

(ii) in accordance with c�ause 12, with interest charges (and any other fees, charges and expenses payab�e) continuing to accrue unti� the outstanding ba�ance is paid in fu�� or such other time as determined by Citibank�

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(e) Cance��ation or suspension of Your Account or a Card sha�� not affect any ob�igations incurred by You prior or subsequent to the cance��ation or suspension of Your Account or a Card� Any interest charges payab�e under the Terms and Conditions wi�� continue to accrue unti� payment of a�� amounts due�

(f) If Your Account is c�osed, Citibank wi�� not be required to pay You any Net Credit Amount (as defined in c�ause 13) that is �ess than or equa� to $10 (as Our reasonab�e estimate of the costs of the c�osure)�

(g) In addition to any other rights Citibank may have, You agree that Citibank may, at its abso�ute discretion and without notice, refuse to repay any indebtedness Citibank has to You if You have any outstanding �iabi�ities of any kind to Citibank or a re�ated body corporate� If We do so, then Citibank may a�ter, to the extent necessary, the terms of Citibank’s indebtedness to You�

(h) Citibank may, at any time and without notice, conso�idate any or a�� of Your Account ba�ances (with the exception of a Mortgage faci�ity), with Citibank or any re�ated body corporate, and/or set these off against any of Your outstanding �iabi�ities to Citibank� Citibank may exercise this right after Your death or �ega� incapacity�

19� Closing Your Account

(a) You may c�ose Your Account or cance� any Card at any time by notifying Citibank in writing or by ca��ing CitiPhone Banking�

(b) If You cance� Your Account, Your credit faci�ity contract with Citibank wi�� terminate when the �ast of the fo��owing occurs:

(i) You pay the outstanding ba�ance of Your Account under c�ause 18(d) (after the �ast Transaction authorised by You or any Additiona� Cardho�der or Signatory is debited to Your Account inc�uding a�� interest, fees and charges);

(ii) You cance� a�� direct debits and recurring instructions with Merchants operating on Your Account;

(iii) You destroy Your Card and a�� Additiona� Cards and Cheques issued on Your Account and return them to Citibank;

(iv) 6 months e�apse from the date of Your c�osure request (to a��ow for any de�ays by Merchants processing Transactions to Your Account)� At any time during those 6 months, You may request Citibank to reactivate Your Account, if You do so, subject to Citibank’s discretion Your credit faci�ity contract with Citibank may not terminate, but wi�� continue as if You had never c�osed Your Account�

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20� Variation

(a) Citibank may:

(i) vary any of the Terms and Conditions; and/or

(ii) make changes to the Annua� Percentage Rate, or the amount or frequency of payment of a fee, charge or the Tota� Minimum Payment Due; and/or

(iii) introduce a new fee or charge�

(b) Any variation sha�� be binding on You and any Additiona� Cardho�der or Signatory (as app�icab�e)�

(c) Subject to paragraph (d), prior notice of any variation sha�� be given in writing to You by posting it to Your �ast known address or by such other methods as are permitted by app�icab�e �aws and the Code of Banking Practice� Where required the notice wi�� set out particu�ars of the change, inc�uding the date on which it takes effect�

(d) Citibank need not give prior notice of a variation where it is not required under the Consumer Credit Code, the E�ectronic Funds Transfer Code of Conduct or the Code of Banking Practice or any other re�evant �egis�ation�

(e) A variation of which notice is required to be issued by Citibank may take effect:

(i) no ear�ier than the day on which notice is issued, if the variation:

– increases the Annua� Percentage Rate; or

– reduces Your ob�igations or extends the time for payment under Your Account; or

(ii) no �ess than 20 days from the day on which notice is given, for any other variation made without Your prior consent�

(f) If for any reason Citibank does not charge:

(i) any fee, charge or expense; or

(ii) interest on any fee, charge or expense, this does not constitute a variation of Your Terms and Conditions�

(g) Any de�ay or fai�ure by Citibank to exercise any right under this agreement does not constitute a waiver of that right�

21� Error/Dispute Resolution

(a) A Cardho�der must te�� Citibank immediate�y if they have a comp�aint or be�ieve that an error has occurred in re�ation to the Account� Lodgement of a comp�aint can occur in any way acceptab�e to Citibank inc�uding:

(i) by ca��ing CitiPhone Banking;

(ii) in writing; or

(iii) by visiting Our secure website and c�icking on “Send Us a Message”�

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(b) Where an enquiry is not sett�ed to Your satisfaction, Citibank may advise You in writing of the procedures for the investigation and reso�ution of the dispute� These procedures wi�� be in accordance with the E�ectronic Funds Transfer Code of Conduct if app�icab�e�

(c) Despite the existence of this procedure, You must first refer any disputes re�ating to a Transaction Amount to the Merchant or institution concerned�

(d) For e�igib�e Transactions processed through a Network Citibank may:

(i) reso�ve a comp�aint under the ru�es of the Network, if Citibank decides to reso�ve a dispute in this manner Citibank and You are bound by the operating ru�es of the Network and reso�ution wi�� be governed by the �imits imposed by those ru�es� Fai�ure to notify Us within the time frames set by the Network may affect the success of Your c�aim;

(ii) c�aim a Chargeback right where one exists and You have notified a disputed Card Transaction to Citibank within the required time frame which is at the �atest, the Payment Due Date of the Statement upon which the disputed charge appears;

(iii) c�aim a Chargeback for the most appropriate reason; and

(iv) reject refusa� of a Chargeback by a Merchant’s financia� institution if it is inconsistent with the re�evant operating ru�es�

(e) You must comp�y with any request by Citibank for further information in any form requested by Citibank (inc�uding a statutory dec�aration where required)�

22� Responsibility for Recurring Instructions and Goods and Services Supplied

Subject to app�icab�e �aws, Citibank sha�� not be responsib�e for any goods or services supp�ied to Cardho�ders by Merchants or a Recurring Instruction by a Cardho�der to a Merchant�

Where a Recurring Instruction remains in force and:

(a) Your Account is suspended, cance��ed or c�osed; or

(b) Your Card is re-issued and the instruction re�ates to a Card number that is no �onger in use on Your Account, then You must immediate�y cance� the Recurring Instruction with the Merchant� Where any instruction remains in force Citibank is authorised to do any or a�� of the fo��owing:

(i) refuse or approve authorisation of any proposed Transaction in respect of the Recurring Instruction;

(ii) advise the app�icab�e Merchant of the Account status; and

(iii) cance� the Recurring Instruction on Your beha�f without reference to You�

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(c) the existence of a comp�aint or dispute sha�� not re�ieve You of the ob�igation to pay Citibank a�� amounts and charges debited to Your Account� You are a�so bound by the operating ru�es of any Network (as app�icab�e)�

23� Limits on Cash

Dai�y and week�y Cash Advance minimum and maximum �imits may app�y to E�ectronic Equipment� Cardho�ders may be informed of these �imits from time to time either in writing by Citibank or in the form of notices on or near ATMs� Minimum and maximum amounts to be obtained by Cash Advance may be set by Merchants; and Citibank for an Account�

24� Limits on Use of Electronic Equipment

(a) Transactions made by use of a Card and E�ectronic Equipment may be �imited to minimum and maximum amounts in any specified period and to mu�tip�es of any amounts� Limits may vary between E�ectronic Equipment�

(b) The types of Transactions avai�ab�e with E�ectronic Equipment provided by Merchants wi�� be determined by those Merchants and may differ from those avai�ab�e with E�ectronic Equipment owned or operated by Citibank� Citibank is not responsib�e for any �oss or inconvenience a Cardho�der may suffer due to a �ack of uniformity between Transactions avai�ab�e with E�ectronic Equipment�

25� Malfunction of Electronic Equipment or Electronic Systems

(a) Citibank sha�� be �iab�e to You or an Additiona� Cardho�der or Signatory for �oss suffered that is direct�y attributab�e to the fai�ure or ma�function of Citibank’s E�ectronic Equipment or Citibank’s e�ectronic systems to record, comp�ete or otherwise accurate�y dea� with a Transaction�

(b) Citibank is not �iab�e if that E�ectronic Equipment or system does not accept a user’s instruction, or if an access method fai�s to operate the E�ectronic Equipment�

(c) Where Our E�ectronic Equipment does accept a user’s instruction, Citibank’s �iabi�ity sha�� be �imited to the correction of any errors and the refunding of any charges or fees imposed where:

(i) the fai�ure or ma�function is caused by an act or omission of the Cardho�der; or

(ii) the Cardho�der shou�d have been aware that the E�ectronic Equipment or e�ectronic system was unavai�ab�e for use or was ma�functioning�

26� Currency Conversions

When a Card is used outside Austra�ia, Transactions effected in a currency other than Austra�ian do��ars wi�� be converted to Austra�ian do��ars at a rate of exchange determined by Citibank� The Austra�ian do��ar amount wi�� then be debited to Your Account� This amount may inc�ude any fees and

21

charges charged to Citibank by any Third Party inc�uding any app�icab�e Network�

27� Refunds

Except where a refund is required in accordance with the provisions of c�ause 9 or a dispute has been reso�ved in Your favour, a refund wi�� on�y be credited to Your Account if Citibank receives a refund transaction from a Merchant or some other refund verification acceptab�e to Citibank� Refund amounts do not contribute to Your month�y payment ob�igations but wi�� reduce the C�osing Ba�ance by the refund amount�

28� Refusal to Allow Use of Card

Citibank sha�� not be �iab�e for the refusa� by a Merchant to a��ow Transactions to be made by means of the Card or Cheque or to accept or honour the Card or Cheque, whether at the direction of Citibank or for any reason whatsoever� Promotiona� materia� disp�ayed on any premises sha�� not be taken as a representation or warranty by Citibank or the Merchant that a�� goods and services offered by the Merchant may be purchased by means of the Card or Cheque�

29� Transaction Record

When a Cardho�der comp�etes a Transaction they shou�d be offered a record of the Transaction� These Transaction records are evidence of the Transaction Amount to which that record re�ates and shou�d be checked carefu��y� Any dispute must be reported to Citibank immediate�y�

30� Password

(a) Use of an approved password may entit�e a Cardho�der to obtain such financia� detai�s in re�ation to the Account and effect such Transactions as determined by Citibank�

(b) The password may be chosen by a Cardho�der within such parameters that are determined by Citibank�

31� Certificate

A certificate signed by an officer of Citibank:

(a) stating Your �iabi�ity to Citibank wi�� be evidence of the amount of Your �iabi�ity at the date of the certificate� You wi�� remain �iab�e for Transactions which Citibank has not been notified of at that date; or

(b) exhibiting microfi�m copies of documents, computer printouts or other documents or records kept in the norma� course of Citibank business which re�ate to Your Account or to any app�ication for Your Account, wi�� be evidence at the date of the certificate of the facts contained therein�

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32� Notices

(a) Any notice or document required to be served by Citibank may be served in any manner permitted by app�icab�e �aw�

(b) A certificate signed by an officer of Citibank that notification was posted on a particu�ar date sha�� be evidence that the notification was posted on that date� The notice sha�� be deemed to have been given to You on the �ater of the date it bears or the date when it wou�d have been de�ivered in the ordinary course of post�

33� Change of Personal Details

(a) A Cardho�der must immediate�y notify Citibank of any change:

(i) to a name or any contact detai�s; or

(ii) to the persona� information contained on Your credit fi�e or report he�d by Citibank�

(b) You acknow�edge that Citibank re�ies on this information being kept up-to-date and comp�ete� You sha�� not make any c�aim against Citibank where Citibank’s records show that such information is found to be out-of-date, incomp�ete or inaccurate due to Citibank not being advised of the change�

Notification may be made by:

(i) ca��ing CitiPhone Banking;

(ii) in writing to the address noted on Your Statement; or

(iii) visiting Our secure website and c�icking on “Send Us a Message”�

(c) You acknow�edge that Citibank has extended this Account to You based on certain persona� and financia� information about You that You have disc�osed to Citibank� You must immediate�y inform Citibank of any materia� adverse change to Your financia� situation which wi�� affect Your abi�ity to meet the payment ob�igations under this Account�

34� Applicable Law

(a) The app�icab�e �aw is the �aw of the Austra�ian State or Territory in which You reside or shou�d You reside overseas, the �aw of NSW� You agree that a�� c�aims and disputes be determined in the Court of competent jurisdiction in that State or Territory’s capita� city� You wi�� have no rights under any Consumer Credit Code where the credit provided under Your Account is not for persona�, domestic or househo�d purposes�

(b) If there is any inconsistency between the Terms and Conditions and any app�icab�e �aw, they sha�� be read so they are not inconsistent with that �aw�

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35� No liability

Under no circumstances sha�� any institution, corporation or person (inc�uding but not �imited to, any parent, subsidiary, affi�iated or re�ated body corporate of Citibank or any Citishare Network Member) be he�d �iab�e or responsib�e for any �oss or damage suffered by a Cardho�der which may arise from the Cardho�der’s use or attempted use of, or the operation of this credit faci�ity, except where express�y provided for in these Terms and Conditions�

36� Privacy at Citigroup Australia

Citigroup Austra�ia is subject to the Nationa� Privacy Princip�es under the Privacy Act� You can re�y on simi�ar�y high standards wherever in the wor�d You dea� with a Citigroup company, due to Citigroup’s Privacy Po�icies for consumers, fo��owed by a�� members of the Citigroup fami�y of companies� Note that in Austra�ia where there are differences between Citigroup’s Privacy Po�icies and Austra�ia’s Privacy Act, the stronger protection a�ways app�ies�

(a) Co��ection of information

The nature of the persona� information We co��ect, and where it comes from, wi�� vary according to the specific product, and may inc�ude:

– information We co��ect from You on app�ications or other forms, such as name, address, te�ephone number, occupation, assets and income;

– information about Your Transactions with Us, Our affi�iates, or Third Parties, such as Account ba�ances�

Payment history and Account activity:

– information We receive from credit reporting agency reports;

– hea�th information for insurance products�

We wi�� on�y co��ect persona� information necessary for the product/service� These purposes may inc�ude:

– processing a product app�ication;

– eva�uating and monitoring credit worthiness;

– the detection of possib�e fraud;

– processing receipts and payments, and servicing customers’ accounts;

– responding to customer enquiries about app�ications, accounts or services;

– understanding customer’s needs and offering products and services to meet those needs;

– a��owing Our affi�iates and se�ected Third Parties to promote their products and services to customers;

– assessing, processing and investigating insurance risks or c�aims;

– meeting �ega� and regu�atory requirements�

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(b) Other organisations (that may be outside of Austra�ia) to whom information may be disc�osed on a confidentia� basis are set out be�ow:

– mai�houses – for statement production and other mai� re�ated services;

– p�astic card services – for Card embossing;

– c�erica� services – for data entry;

– market research – for product deve�opment and p�anning;

– administration services – for Account management and data processing;

– �ottery services – for sweepstakes administration;

– data mode��ing services – for risk assessment;

– professiona� advisors – for assistance with administration of Your Account;

– organisations wishing to acquire an interest in any part of Citibank’s business – for assessment of any proposed acquisition;

– investigators, medica� attendants, professiona� and financia� advisors, other insurers and re-insurers – for assessing Your app�ication, underwriting and c�aims assessment;

– insurance industry bodies – for c�aims matching and cross-referencing�

(c) Citibank is required by �aw to co��ect certain information in order to open Accounts� This information is associated with the detection of fraud and money �aundering practices and is regu�ated by AUSTRAC under the Financia� Transaction Reports Act�

(d) Citibank may store information about You in databases that may be maintained outside Austra�ia by other Citigroup companies� On request, We wi�� provide You with a copy of any persona� information that Citibank ho�ds about You� We wi�� inform You beforehand if there is any charge associated with providing this information to You�

(e) Main consequences of not providing information

If We are unab�e to co��ect a�� the information requested in the Account opening process, or requested during the subsequent operation of the Account, We may be unab�e to provide, or to continue to provide, the Account� If You do not provide Us with the persona� information which We request We may not be ab�e to provide a service, or We may be required by �aw to take particu�ar actions such as deducting taxation at the top margina� rate�

Your Privacy Preferences

If You have not indicated that You wish to opt out of marketing communications, You authorise Citibank to use Your information for marketing and to share information about You (inc�uding Your dea�ings with Citibank) for

25

marketing purposes with other Citigroup companies� The nature of the products, services and offers which Citigroup companies may inform You about inc�udes but is not �imited to:

• credit cards, persona� �oans, home �oans, specia�ist banking services;

• insurance and investment products, inc�uding deposits, �ife insurance, superannuation and investment funds;

• charge card services;

• retai� broking services inc�uding stock purchases and margin �ending�

If You choose to opt out, We wi�� continue to mai� You information re�ating to Your Account or product, such as news�etters, statements or offers to upgrade the services provided�

Further information about Citibank's privacy practices can be found by requesting a copy of Our privacy po�icy�

If You have any queries p�ease contact Our Citigroup Privacy Officer by any means �isted on the back of this book�et�

37� Codes of Conduct

(a) The re�evant provisions contained in the E�ectronic Funds Transfer Code of Conduct sha�� be observed by Citibank in re�ation to Your Account where it is app�icab�e to Your Account�

(b) The re�evant provisions contained in the Code of Banking Practice sha�� be observed by Citibank in re�ation to Your Account where it is app�icab�e to Your Account�

38� Assignment

Subject to app�icab�e �aws, Citibank may without Your consent, assign a�� its rights, tit�e and interest hereunder (inc�uding Your Account) to any institution, corporation or person� Neither You or any Additiona� Cardho�der or Signatory may assign their rights and ob�igations hereunder (inc�uding Your Account)�

39� Severability

In the event that any of the provisions of the Terms and Conditions wi�� for any reason be he�d to be inva�id, i��ega� or unenforceab�e, the remaining provisions wi�� remain va�id and enforceab�e�

40� No Mortgage

Despite the terms of any security interest given by You to Citibank, the credit provided under Your Account is not secured now or in the future by any security interest�

41� Commission

Commission may be payab�e to a Third Party by Citibank for the introduction of credit business� If it is ascertainab�e, any commission amount payab�e is stated in the financia� tab�e on the �etter You received confirming Your Account detai�s�

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42� Information on Request

Information is avai�ab�e on request by ca��ing CitiPhone Banking in respect of:

(a) the Annua� Percentage Rate or rates;

(b) the nature and amount of any fees and charges;

(c) minimum and maximum Transaction requirements and, �imits set by Citibank;

(d) genera� descriptive information concerning Your Account;

(e) commission amounts;

(f) rights and ob�igations of an Additiona� Cardho�der or Signatory;

(h) Our ob�igations regarding the confidentia�ity of Your information;

(i) Our comp�aint hand�ing procedures; and

(j) the use of cheques and bank cheques�

THINGS YOU SHOULD KNOW ABOUT YOUR PROPOSED CREDIT CONTRACTThis statement te��s you about some of the rights and ob�igations of yourse�f and your credit provider� It does not state the terms and conditions of your contract�

If you have any concerns about your contract, contact your credit provider and, if you sti�� have concerns, your Government Consumer Agency, or get �ega� advice�

THE CONTRACT1. How can I get details of my proposed credit contract?

Your credit provider must give you a pre-contractua� statement containing certain information about your contract� The precontractua� statement, and this document, must be given to you before:

• your contract is entered into; or

• you make an offer to enter into the contract;

whichever happens first�

2. How can I get a copy of the final contract?

If the contract document is to be signed by you and returned to your credit provider, you must be given a copy to keep�

A�so, the credit provider must give you a copy of the fina� contract within 14 days after it is made� This ru�e does not, however, app�y, if the credit provider has previous�y given you a copy of the contract document to keep�

If you want another copy of your contract write to your credit provider and ask for one� Your credit provider may charge you a fee� Your credit provider has to give you a copy:

27

• within 14 days of your written request if the origina� contract came into existence 1 year or �ess before your request; or

• otherwise within 30 days of your written request�

3. Can I terminate the contract?

Yes� You can terminate the contract by writing to the credit provider so �ong as:

• you have not obtained any credit under the contract; or

• a card or other means of obtaining credit given to you by your credit provider has not been used to acquire goods or services for which credit is to be provided under the contract�

However, you wi�� sti�� have to pay any fees or charges incurred before you terminated the contract�

4. Can I pay my credit contract out early?

Yes� Pay your credit provider the amount required to pay out your credit contract on the day you wish to end your contract�

5. How can I find out the pay out figure?

You can write to your credit provider at any time and ask for a statement of the pay out figure as at any date you specify� You can a�so ask for detai�s of how the amount is made up�

Your credit provider must give you the statement within 7 days after you give your request to the credit provider� You may be charged a fee for the statement�

6. Will I pay less interest if I pay out my contract early?

Yes� The interest you can be charged depends on the actua� time money is owing� However, you may have to pay an ear�y termination charge (if your contract permits your credit provider to charge one) and other fees�

7. Can my contract be changed by my credit provider?

Yes, but on�y if your contract says so�

8. Will I be told in advance if my credit provider is going to make a change in the contract?

That depends on the type of change� For examp�e:

• you get at �east same day notice for a change to an annua� percentage rate� That notice may be a written notice to you or a notice pub�ished in a newspaper�

• you get 20 days advance written notice for

– a change in the way in which interest is ca�cu�ated; or

– a change in credit fees and charges; or

– any other changes by your credit provider;

except where the change reduces what you have to pay or the change happens automatica��y under the contract�

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9. Is there anything I can do if I think that my contract is unjust?

Yes� You shou�d first ta�k to your credit provider� Discuss the matter and see if you can come to some arrangement� If that is not successfu� you cou�d app�y to the court� Contact the Government Consumer Agency or get �ega� advice on how to go about this�

INSURANCE10. Do I have to take out insurance?

Your credit provider can insist you take out or pay the cost of types of insurance specifica��y a��owed by �aw� These are compu�sory third party persona� injury insurance, mortgage indemnity insurance or insurance over property covered by any mortgage� Otherwise, you can decide if you want to take out insurance or not�

11. Will I get details of my insurance cover?

Yes, if you have taken out insurance over mortgaged property or consumer credit insurance and the premium is financed by your credit provider� In that case the insurer must give you a copy of the po�icy within 14 days after the insurer has accepted the insurance proposa��

A�so, if you acquire an interest in any such insurance po�icy which is taken out by your credit provider then, within 14 days of that happening, your credit provider must ensure you have a written notice of the particu�ars of that insurance�

You can a�ways ask the insurer for detai�s of your insurance contract� If you ask in writing your insurer must give you a statement containing a�� the provisions of the contract�

12. If the insurer does not accept my proposal, will I be told?

Yes, if the insurance was to be financed by the credit contract� The insurer wi�� inform you if the proposa� is rejected�

13. In that case, what happens to the premiums?

Your credit provider must give you a refund or credit un�ess the insurance is to be arranged with another insurer�

14. What happens if my credit contract ends before any insurance contract over mortgaged property?

You can end the insurance contract and get a proportionate rebate of any premium from the insurer�

MORTGAGES15. If my contract says I have to give a mortgage, what

does this mean?

A mortgage means that you give your credit provider certain rights over any property you mortgage� If you defau�t under your contract, you can �ose that property and you might sti��

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owe money to the credit provider�

16. Should I get a copy of my mortgage?

Yes� It can be part of your credit contract or, if it is a separate document, you wi�� be given a copy of the mortgage within 14 days after your mortgage is entered into�

However, you need not be given a copy if the credit provider has previous�y given you a copy of the mortgage document to keep�

17. Is there anything that I am not allowed to do with the property I have mortgaged?

The �aw says you cannot assign or dispose of the property un�ess you have your credit provider’s, or the court’s, permission� You must a�so �ook after the property� Read the mortgage document as we��� It wi�� usua��y have other terms and conditions about what you can or cannot do with the property�

18. What can I do if I find that I cannot afford my repayments and there is a mortgage over property?

See the answers to questions 22 and 23�

Otherwise you may:

• if the mortgaged property is goods —give the property back to your credit provider, together with a �etter saying you want the credit provider to se�� the property for you;

• se�� the property, but on�y if your credit provider gives permission first; or

• give the property to someone who may then take over the repayments, but on�y if your credit provider gives permission first�

If your credit provider won’t give permission, contact your Government Consumer Agency for he�p�

If you have a guarantor, ta�k to the guarantor who may be ab�e to he�p you�

You shou�d understand that you may owe money to your credit provider even after mortgaged property is so�d�

19. Can my credit provider take or sell the mortgaged property?

Yes, if you have not carried out a�� of your ob�igations under your contract�

20. If my credit provider writes asking me where the mortgaged goods are, do I have to say where they are?

Yes� You have 7 days after receiving your credit provider’s request to te�� your credit provider� If you do not have the goods you must give your credit provider a�� the information you have so they can be traced�

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21. When can my credit provider or its agent come into a residence to take possession of mortgaged goods?

Your credit provider can on�y do so if it has the court’s approva� or the written consent of the occupier which is given after the occupier is informed in writing of the re�evant section in the Consumer Credit Code�

GENERAL22. What do I do if I cannot make a repayment?

Get in touch with your credit provider immediate�y� Discuss the matter and see if you can come to some arrangement� You can ask your credit provider to change your contract in a number of ways, for examp�e:

• to extend the term of the contract and either reduce the amount of each payment according�y or defer payments for a specified period; or

• to simp�y defer payments for a specified period�

23. What if my credit provider and I cannot agree on a suitable arrangement?

If you have been unemp�oyed, sick or there is another good reason why you are having prob�ems with your contract, then Your contract may be ab�e to be changed to meet your situation�

You may be ab�e to app�y to the court� Contact your Government Consumer Agency or get �ega� advice on how to go about this�

There are other peop�e, such as financia� counse��ors, who may be ab�e to he�p�

24. Can my credit provider take action against me?

Yes, if you are in defau�t under your contract� But the �aw says that you cannot be undu�y harassed or threatened for repayments� If you think you are being undu�y harassed or threatened, contact your Government Consumer Agency or the Trade Practices Commission, or get �ega� advice�

25. Do I have any other rights and obligations?

Yes� The �aw wi�� give you other rights and ob�igations� You shou�d a�so READ YOUR CONTRACT carefu��y�

IF YOU HAVE ANY DOUBTS, OR WANT MORE INFORMATION, CONTACT YOUR GOVERNMENT CONSUMER AGENCY OR GET LEGAL ADVICE. PLEASE KEEP THIS INFORMATION STATEMENT. YOU MAY WANT SOME INFORMATION FROM IT AT A LATER DATE.

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For more information on your Citibank Persona� Credit Account visit us at

www.citibank.com.auor ca�� CitiPhone Banking

13 24 84If you are ca��ing from overseas

+ 61 2 8225 0615For genera� correspondence p�ease write to

GPO Box 40

Sydney NSW 2001

For privacy re�ated enquiries you may contact the Citigroup Privacy Officer at

privacy�officer@citigroup�com�au

or write to:GPO Box 204

Sydney NSW 2001

A�ternative�y you may ca�� CitiPhone Banking

© 2007 Citigroup Pty Limited ABN 88 004 325 080, AFSL 238098� Citigroup, Citibank and Arc Design are registered trademarks of Citigroup Inc� and are used and registered throughout the wor�d�

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