| MAYBANK FLASH CREDIT CARD AGREEMENT
1. Definitions
In this Agreement unless the context requires otherwise, the words used
in this Agreement shall have the following meaning:
(a) "Address" includes any street address, email address
and facsimile transmission number.
(b) ATM means an automated teller machine or any
card operated machine or device whether belonging to the Bank or other
participating banks or financial institutions or to the VISA and/or
MASTERCARD Global ATM Network or the ATM Plus and/or Cirrus Network
which accepts the Card or any other similar international network in
which the Bank may participate.
(c) Bank means Maybank Singapore Limited and its successors
and assigns.
(d) Card means the Maybank Flash Credit Classic
MasterCard and/or the Flash Credit Gold MasterCard, or the Maybank Visa
Classic and/or the Maybank Visa Gold Card each of which is issued by
the Bank as a Principal Card or a Supplementary Card to the Cardmember.
(e) Cardmember means any person to whom the Card
is issued by the Bank and includes his personal representatives.
(f) Card Account means the credit card account maintained
by the Bank for the Card Transactions.
(g) Card Account Statement means the Bank’s
monthly or other periodic statement showing the amount due to the Bank
in the Card Account.
(h) Cash Advance means a disbursement of cash in
any currency and/or any quasi cash transaction representing a Merchant’s
sale of items (including gaming chips, opening deposits or money orders)
that are directly convertible to cash, made or obtained by using the
Card.
(i) Card Transaction means any payment made or Cash
Advance obtained with the use of the Card and/or the PIN by a Cardmember.
(j) Credit Limit means the maximum debit balance
permitted by the Bank on the Card Account and notified to the Principal
Cardmember from time to time as the limit up to which the Principal
Cardmember and any Supplementary Cardmember(s) are collectively permitted
to effect Card Transactions.
(k) "eStatement" means any Card Account Statement
issued and transmitted by the Bank to the Cardmember by electronic mail.
(l) Merchant means any person, firm or corporation
which, pursuant to an agreement with the Bank, agrees to accept the
Card for payment or a Cash Advance.
(m) Month means a calendar month.
(n) PIN means the personal identification number
issued by the Bank to a Cardmember and includes any replacement number.
(o) Principal Card means a Card
issued to a Principal Cardmember is maintained.
(p) Principal Cardmember means the person in whose
name the Card Account is maintained.
(q) Security Devices means all access IDs, PINs,
passwords or other forms of electronic identification and other codes
or access procedures issued by the Bank or any other party designated
by the Bank in order to enable access to any services in connection
with the Card.
(r) Supplementary Card means a Card issued to a
Supplementary Cardmember.
(s) Supplementary Cardmember means the person (other
than the Principal Cardmember) to whom a Card is issued on the application
of the Principal Cardmember.
(t) Supplementary Cardmembers Indebtedness means
the aggregate amounts of all Card Transactions incurred in respect of
a Supplementary Card, all finance charges, fees, charges, interest and
any other liabilities payable therein and all losses and expenses reasonably
incurred by the Bank arising from the acceptance and/or the use of a
Supplementary Card, the PIN or any breach of this Agreement by the Supplementary
Cardmember.
(u) Total Indebtedness means the aggregate amounts
of all Card Transactions incurred in respect of a Principal Card and
any Supplementary Card, all finance charges, fees, charges and interest
payable and any other liabilities of the Principal Cardmember and the
Supplementary Cardmember owing, or payable to the Bank and all losses
and expenses reasonably incurred by the Bank arising from the acceptance
and/or the use of the Card, the Security Devices or any breach of this
Agreement by the Cardmember.
(v) (i) Words importing only the singular number shall
include the plural number and vice versa
(ii) Words importing the masculine
gender shall include the feminine gender and vice versa
(iii) Words importing a person
shall include a firm, company, corporation or other entity.
2. Collection of the Card and Security Devices
Upon the Bank’s acceptance of an application for the Card, the
Card and any Security Devices may be collected by the Cardmember or sent
by post to the Cardmember at the Cardmember’s risk.
3. Use of the Card and Security Devices
3.1 The Card may only be used by the Cardmember:
(a) for Card Transactions authorised by the Bank with any Merchant
or bank or financial institution or other person authorised to display
or use the VISA or MASTERCARD emblem; and
(b) to obtain such facilities, benefits and services made available
by the Bank or any Merchant from time to time, within the Credit Limit
unless the Bank’s prior approval is obtained.
3.2 The Bank shall be entitled at any time without prior notice and without
giving any reason therefor and without liability to the Cardmember to
withdraw or restrict the Cardmember’s right to use the Card or to
refuse to authorise any Card Transaction or to vary the Credit Limit of
the Cardmember or to withdraw all and any privileges whether attached
to the Card or to the use of the Card or otherwise.
3.3 The Cardmember agrees to use the Security Devices issued or designated
by the Bank and to comply with the Bank’s instructions and procedures
regarding the use of the Security Devices and to ensure that all instructions
and requests to the Bank are where applicable, verified with the Security
Devices.
4. Supplementary Cardmembers
4.1 The Bank may in its absolute discretion issue a Supplementary Card
for use by any Supplementary Cardmember nominated by the Principal Cardmember
and approved by the Bank as an authorised user on the Card Account. All
the terms and conditions of this Agreement shall unless otherwise stated,
apply to the Supplementary Cardmember and the use of the Supplementary
Card of any PIN or any Security Devices issued to the Supplementary Cardmember.
4.2 The issue or use of the Supplementary Card to the Supplementary Cardmember(s)
shall be governed by these Terms and Conditions and the Terms and Conditions
in the Maybank (Personal) Credit Card Agreement, and any other applicable
terms and conditions governing the use and operation of the Cardmember's
account(s) and the respective services linked thereto (as amended, or
varied or supplemented from time to time).
4.3 The Principal Cardmember and the Supplementary Cardmember hereby
agree jointly and severally to indemnify and save the Bank harmless in
respect of any losses or damage suffered by the Bank in connection with
anything arising out of the issue or use of the Supplementary Card or
any PIN. This indemnity exists notwithstanding any legal limitation, death,
disability or incapacity of the Principal Cardmember and/or any Supplementary
Cardmember.
4.4 Separate Supplementary Card Statement Fees
(a) Supplementary Cardmembers shall receive statement showing the amounts
due to the Bank for Card Transactions or Cash Advances obtained with
the use of the Supplementary Card and/or PIN by mail.
(b) A monthly statement fee (as specified in the Highlights of Terms
and Conditions) will be charged to the Supplementary Cardmember’s
Card for monthly statement sent to the Supplementary Cardmember’s
mailing address.
The Bank shall have the right, by giving the Cardmember 30 days’
prior notice, to revise the monthly statement fee from time to time.
(c) The Supplementary Cardmember shall promptly notify the Bank of
any change in his/her mailing address.
4.5 Payment by Supplementary Cardmember
(a) All payments received by the Bank from the Supplementary Cardmember
in respect of the Supplementary Card Account must be paid in full. Partial
payments will not be permitted by the Bank.
(b) Payment made by the Supplementary Cardmember will be reflected under
the individual Cardmember’s card number in the Principal Cardmember’s
monthly statement and Supplementary Cardmembers’ own monthly statement
(upon request).
(c) Any excess payment received by the Bank from the Supplementary Cardmember
in respect of the Supplementary Card Account shall be credited to the
Principal Cardmember’s Card Account. Refund of excess payment
(if any) will be made upon request to the Principal Cardmember only.
4.6 Late Payment and Finance Charges
(a) If by the Due Date specified in the Card Account Statement, the
Total Due therein, is not paid in full either by the Principal Cardmember
and/or the Supplementary Cardmember, the late payment and/or finance
charge payable shall be specified in the following months statement
of the Principal Cardmember.
4.7 Monthly Spending Limit for Supplementary Cardmember
(a) The Principal Cardmember will be allocated a Credit Limit which
shall be the maximum debit balance permitted by the Bank on the Principal
and Supplementary Card Account. The Credit Limit shall at all times
be the limit up to which the Principal Cardmember and the Supplementary
are collectively permitted to effect Card Transactions.
(b) The Principal Cardmember may allocate a part of the Credit Limit
permitted by the Bank on the Principal Card Account to the Supplementary
Cardmembers as the Monthly Supplementary Credit Limit.
(c) Supplementary Cardmembers will be notified by the Principal Cardmembers,
and not the Bank, on the Monthly Supplementary Credit Limit. Any request
for information in relation to the Monthly Supplementary Credit Limit
shall be directed to the Principal Cardmember, and not the Bank.
(d) The Monthly Supplementary Credit Limit of the Supplementary Cardmembers
shall revert to the pre-determined limit set by the Principal Cardmember
at the expiry of each Card Statement cycle, provided always that the
Credit Limit of the Principal Cardmember shall not be exceeded for such
period.
(e) The minimum Monthly Supplementary Credit Limit of the Supplementary
Cardmember, to be pre-determined by the Principal Cardmember based on
the Principal Cardmember’s Credit Limit shall be SGD1,000.00.
4.8 Change / Increase Monthly Supplementary Credit Limit for Supplementary
Cardmember
(a) Principal Cardmembers may write in or fax their request to change
the Monthly Supplementary Credit Limit for each of their Supplementary
Cardmembers.
(b) Only the Principal Cardmember, and not the Supplementary Cardmember,
shall be entitled to request the Bank for an increase in the Monthly
Supplementary Credit Limit.
(c) Temporary increase in the Monthly Supplementary Credit Limit for
Supplementary Cardmember will not be permitted by the Bank.
4.9 PIN for Supplementary Cardmembers
(a) Supplementary Cardmember will be issued with a Personal Identification
Number (PIN) and may use the Card and the PIN to obtain Cash Advances
at Maybank ATMs and any other banks’ ATMs which accept the Card
in Singapore. The Card and the PIN may only be used for Cash Advances,
Fund Transfers and Card Payments.
(b) Cardmember may use the Card outside Singapore for Cash Advances
from ATMs carrying the Plus and/or Cirrus logo.
(c) Cash Advances fees and finance charges incurred by the Supplementary
Cardmember will be specified in the monthly statement of the Principal
Cardmember.
5. Liability of Cardmembers
5.1 The Bank shall be entitled to debit the Card Account
with the Total Indebtedness.
5.2 The Principal Cardmember shall be liable to pay to the
Bank the Total Indebtedness.
5.3 The Principal Cardmember and the Supplementary Cardmember
shall be jointly and severally liable to pay to the Bank all that Supplementary
Cardmember’s Indebtedness.
6. Use of the Card Outside Singapore
When the Cardmember uses the Card outside Singapore, the Card Transactions
shall be charged in the official currency of the country where the Card
is used and converted into Singapore Dollars at such exchange rate at
such time as may be determined by Visa International Service Association
and/or MasterCard International Incorporated at its absolute discretion.
7. Fees Payable
The Cardmember agrees to pay to the Bank and authorises the Bank to debit
the Card Account for the following:
(a) joining fee which shall not be refundable in any event,
(b) account maintenance fee or service charges which shall not be refundable
in any event, including, without limitation, the following service charges:
(c) in the case of a Cardmember with the Flash Credit Classic MasterCard,
a quarterly service charge (as specified in the Highlights of Terms
and Conditions); and
(d) in the case of a Cardmember with the Flash Credit Gold MasterCard,
a quarterly service (as specified in the Highlights of Terms and Conditions);
(e) cheque processing fee in the event that any cheque tendered for
the payment of any charges recorded in the Card Account is dishonoured
for any reason whatsoever,
(f) administrative fee for any records, statements, sales drafts, credit
vouchers or other documents relating to the use of the Card and copies
thereof which are made available at the Cardmember’s request ,
including, without limitation, a fee (as specified in the Highlights
of Terms and Conditions) in respect of each physical copy of any Card
Account Statement issued to the Cardmember,
(g) fees and charges for any Cash Advance, both before as well as after
judgement,
(h) such fees as the Bank may prescribe for any replacement Card and/or
Security Device, and any other fees and charges not specified above
which the Bank may impose at its discretion.
(i) The rate of the fees and charges payable are set out in the Highlight
of Terms and Conditions. The Bank shall have the right by giving the
Cardmember 30 days’ prior written notice from time to time to
revise to the rate of the fees and charges.
8. Cash Advances
8.1 The Cardmember may use the Card to obtain Cash Advances at the counters
of the Bank, any other participating banks and financial institutions,
any Merchant and at ATMs which accept the Card.
8.2 A Cash Advance fee of S$15.00 or 5% (or such other rate as the Bank
shall have the right by giving 30 days’ prior written notice to
the Cardmember, impose from time to time) on the amount of each Cash Advance,
whichever is the greater, will be debited to the Card Account.
8.3 A finance charge at such rate(s) as the Bank may notify the Cardmember
will be imposed:-
(a) on each Cash Advance from the date of such Cash Advance until repayment,
and
(b) on the Cash Advance fee stated in clause 8.2 from the Posting Date
stated in the Card Account Statement until repayment.
The Bank shall have the right by giving the Cardmember 30 days’
prior written notice from time to time to revise the rate of the fees
and charges.
9. Charges
9.1 Unless otherwise expressly stated, this Clause shall
apply to all Card Transactions, except for cash advances, which is governed
by Clause 8.
9.2 If by the Due Date specified in the Card Account Statement,
the Total Due therein, is not paid in full, a finance charge at such rate(s)
as the Bank may notify the Cardmember shall be payable on the daily outstanding
balance from the Posting Date (specified in the Card Account Statement),
until full payment is received. Such finance charge shall be payable as
well after as before judgement. The Bank shall have the right by giving
the Cardmember 30 days’ prior written notice from time to time to
revise the rate of the charge.
9.3 In the event that the Minimum Due specified in the Card
Account Statement is not paid by the Due Date, a late payment charge of
5% per month (or such other rate as the Bank shall have the right, by
giving 30 days’ prior written notice to the Cardmember, impose from
time to time), shall be payable on the Minimum Due, subject to a minimum
late payment charge of S$50.00, such late payment charge to be payable
as well after as before judgement. The late payment charge is payable
in addition to any finance charge payable.
9.4 All charges payable under this Agreement shall be calculated
based on a 365-day year or on a 366-day year in a leap year.
10. Payment
10.1 Payment of the Total Due or the Minimum Due specified in the Card
Account Statement must be made to the Bank by the Due Date stated therein.
10.2 Any payment to the Bank will only take effect when received at the
address notified by the Bank and credited to the Card Account.
10.3 All payments received by the Bank from any party including the Principal
Cardmember and/or Supplementary Cardmember in respect of the Card Account
shall be payments in gross.
10.4 In the absence of written instructions to the Bank on the manner
in which payments are to be appropriated, the Bank shall have the right
to appropriate all such payments in the manner it deems fit.
10.5 All goods and services tax imposed on or payable in respect of any
payment debited to the Card Account shall be borne by the Cardmember.
11. Loss/Theft of Card and Security Devices
11.1 The Card shall remain the property of the Bank at all times and
the Cardmember undertakes not to transfer or otherwise part with the control,
custody or possession of the Card.
11.2 If a lost or stolen Card is found or recovered, the Cardmember must
not subsequently use the Card but must cut the Card in half and return
it immediately to the Bank.
11.3 The Cardmember undertakes to ensure that:
(a) all Security Devices are kept completely confidential and secure
and shall not disclose the same to any other party (including any Principal
Cardmember and/or Supplementary Cardmember with the same Card Account);
and there is no unauthorised use or abuse of the Security Devices.
11.4 The Cardmember undertakes to notify the Bank immediately if he has
reason to believe that, suspect that or has knowledge that:
(a) the security of any Security Device may have been compromised;
(b) that such Security Device has become known or been revealed to
any person other than the Cardmember;
(c) there has been unauthorised use of any Security Device; breach
of such occurrence resulting in a “Compromised Security Device”
and the Cardmember shall immediately cease to use such Compromised Security
Device until further notice from the Bank. In the event the Security
Device is compromised and/or the Card is lost or stolen, the Cardmember
shall forthwith lodge a police report.
11.5 The Bank shall be entitled to deactivate or revoke the use of any
one or more of the Security Devices at any time without assigning any
reason and without prior notice to the Cardmember.
11.6 The Principal Cardmember will not be liable for any unauthorised
card transactions made after notification to the Bank, and the liability
will be limited to S$500 for any unauthorised card transactions made before
notification. However, the Principal Cardmember shall continue to be liable
for unauthorised Card Transactions effected with the use of the PIN and
Cash Advances made after notification of the loss or theft to the Bank.
The Principal Cardmember and Supplementary Cardmember shall be jointly
and severally liable for a sum limited to S$500 for any unauthorised card
transactions made before notification to the Bank, and will not be liable
for any unauthorised card transactions made after notification to the
Bank. However, the Principal and Supplementary Cardmember shall continue
to be jointly and severally liable for unauthorised Card Transaction affected
with the use of the PIN and Cash Advances made after notification of the
loss or theft to the Bank. Except as expressly provided herein, the Cardmember
shall be bound by all instructions and transactions effected by the use
of any Compromised Security Device or which the Bank was unable to stop
the processing of after being notified of any of the events in Clause
11.4 or loss of the Card.
12. Termination
12.1 The Principal Cardmember may terminate the use of the Principal
Card by giving notice in writing to the Bank. Such termination shall only
be effective on receipt by the Bank of the Principal Card and all Supplementary
Cards cut in half and the payment of the Total Indebtedness.
12.2 The Principal Cardmember may terminate the use of any one or more
Supplementary Card by giving notice in writing to the Bank. Such termination
shall only be effective on receipt by the Bank of the Supplementary Card/s
cut in half and the payment of the Supplementary Cardmember’s Indebtedness.
12.3 The Bank may at any time without prior notice cancel and recall
any Card. The Cardmember shall immediately on the Bank’s request
return any or all Cards cut in half to the Bank. Upon termination, the
Total Indebtedness shall become immediately payable without demand.
12.4 In the event that the use of a Card is terminated either by the
Cardmember or the Bank, the Bank shall not be liable to refund any joining
fee or account maintenance fee or any part thereof. The Cardmember shall
continue to be liable for all Card Transactions carried out but not reflected
in the Card Account Statement as at the date of the termination.
12.5 The Cardmember acknowledges that termination of the use of the Card,
whether by the Bank or by the Cardmember shall not affect this Agreement
which shall continue to subsist with full force and effect with respect
to all charges, fees and interest which may have accrued and which may
accrue in the future in accordance with the terms herein and in relation
to the use of any and all Cards.
13. Limitation of Liability
13.1 The Bank shall not be liable to any Cardmember for any delay in
performance, any losses, expenses or damages howsoever arising, incurred
or suffered resulting from or in the event:
(a) the Bank, a Merchant, or other bank or financial institution or
any other party refuses to accept the Card or to extend any Cash Advance;
(b) the Bank is unable to perform any of its obligations under this
Agreement due whether directly or indirectly to the failure of any machine,
computer system, data processing system or transmission link, power
failure, acts or defaults of any telecommunications network operator
or third party telecommunications carriers, acts, restrictions, regulations,
bye-laws, prohibitions or measures of any kind by any governmental or
official authority, or industrial or other dispute, Act of God, fire,
natural disasters or anything beyond the control of the Bank;
(c) of any error(s) in the transmission of any communication, statement,
information or data through any electronic channel or mode;
(d) of the use of the Compromised Security Device by any party;
(e) of any prohibition, restriction, delay in use or access of any
services in connection with the Card caused by any laws and/or regulations
of Singapore or any other country; and/or
(f) of breach of any service agreements prescribed by telecommunications
carriers and/or internet service providers or as a result of any act
or omission of telecommunications carriers and/or internet service providers.
13.2 The Bank may send brochures and other promotional literature and/or
materials in respect of the Bank’s other services, products or programmes
or the services, products or programmes of any third party, in either
case whether or not relating to the use of the Card, to any Address of
the Cardmember. In case of the services, products or programmes of any
third party, under no circumstances shall it be construed that the Bank
endorses, sponsors, certifies, or approves such services, products or
programmes and the Bank shall not be liable in any way for any products
purchased from or services rendered by any person whatsoever whether or
not paid for by the use of the Card. In the event of any dispute between
the Cardmember and any Merchant or bank or financial institution or any
other person, the Cardmember’s liability to the Bank shall not in
any way be affected by such dispute or any counterclaim, right of set-off
or contractual right which the Cardmember may have against such Merchant
or bank or financial institution or person.
14. Records and Statements
14.1 The Bank’s records of any Card Transaction, instructions,
communications, operations, made, performed or effected in connection
with the Card shall be conclusive and binding on each Cardmember for all
purposes whatsoever and shall be conclusive evidence of the transaction
and the Cardmember’s liability to the Bank.
14.2 The Cardmember may by notice, in writing, to the Bank, elect to
receive an eStatement in lieu of a physical Card Account Statement at
no additional cost.
14.3 The Cardmember shall notify the Bank of any error or inaccuracy
in any Card Account Statement within fourteen (14) days of the date of
the Card Account Statement failing which, the contents shall be conclusive
and binding on each Cardmember.
15. Amendment
The Bank may at any time upon giving the Cardmember 30 days’ prior
written notice make such changes to this Agreement as it may in its discretion
deem fit. Prior to any change in the terms and conditions of this Agreement,
the Bank will notify the Cardmember by such method of notification as
may be designated by the Bank which may include notification by way of
email or by posting the changes on-line. If the Cardmember does not agree
to be bound by the changes, he shall cease all use of the Card and any
services available in connection with the Card and shall terminate this
Agreement immediately by giving written notice to the Bank and returning
the Card duly cut in half. The Cardmember agrees that if he continues
to use the Card or the services available in connection with the Card
after being notified of such change to this Agreement, such use shall
constitute an affirmative :
(a) acknowledgement by the Cardmember of this Agreement and its changes
and
(b) agreement by the Cardmember to abide and be bound by this Agreement
and its changes.
16. Disclosure of Information
16.1 The Principal Cardmember and the Supplementary Cardmember irrevocably
authorise the Bank, at its discretion, at any time, from time to time,
to disclose any information and/or data relating to the Principal Cardmember's
and Supplementary Cardmember's account(s) and/or credit cards (if any)
with the Bank, or any other information as the Bank may deem necessary:
(a) to any member of the Visa International Service Association and/or
MasterCard International Incorporated;
(b) to any Merchant or bank;
(c) to any head office, representative and branch offices and to any
related company or associated company of the Bank, in any jurisdiction;
(d) to any government or regulatory agency or authority;
(e) to any service provider, computer, telecommunications or financial
institution;
(f) to any Supplementary Cardmember;
(g) to any potential assignee or transferee of the Bank's interests
herein; and
(h) to any credit bureau (including, without limitation, Credit Bureau
(Singapore) Pte Ltd), as well as the members of such credit bureau.
(i) to any credit reference or evaluation agencies wherever situated
for any purpose whatsoever.
16.2 The Cardmember acknowledges and agrees that the Bank does not warrant
the security of any information sent or transmitted to him whether electronically
or otherwise and the Cardmember hereby accepts the risk that any information
sent or transmitted to the Cardmember may be accessed by unauthorised
third parties. The Cardmember shall not hold the Bank or any of its officers,
employees or agents responsible or liable in contract, tort (including
breach of statutory duty), equity or otherwise for any such access or
disclosure or for any damages, losses, expenses or costs (whether direct
or indirect, or whether foreseeable or not) suffered or incurred by the
Cardmember as a result of any such access or disclosure.
17. Communications
17.1 All Card Account Statements, notices, demands, or other
communication under this Agreement may be sent by facsimile, email or
ordinary pre-paid post or delivered personally to the last known Address
of the Cardmember and shall be deemed to have been delivered,
(a) if sent by facsimile on the same day or,
(b) if sent by email to the Cardmember’s email address notified
to the Bank, on the date and time of transmission by the mail server
operated by the Bank and/or its service provider unless the Bank receives
a non-delivery or “returned mail” reply message or any error
message indicating that the email was not successfully sent to the Cardmember’s
mailbox or the mail server operated by the Cardmember or the Cardmember’s
service provider within one day from the date of transmission of the
email from the mail server operated by the Bank or its service provider;
or
(c) if delivered by pre-paid ordinary post on the next business day
after posting it to a street address in Singapore or 5 days after being
sent by airmail to another country or,
(d) in any case, when left at the street address required as aforesaid,
notwithstanding that it is not received by the Cardmember or returned
undelivered. Cards shall be deemed to have been delivered
(i) if delivered by pre-paid
ordinary post on the next business day after posting it to a street
address in Singapore or 5 days after being sent
by airmail to another country or,
(ii) in any case, when left at the last known street address
of the Cardmember.
17.2 Any court document or other legal process or any other
document requiring personal service on the Cardmember, may be sent by
pre-paid or ordinary mail or delivered personally by leaving it at the
last known street address of the Cardmember, and shall be deemed to have
been delivered on the day of delivery, if delivered personally by hand
by leaving at such address or the next business day after posting, if
sent by post in Singapore or 5 days after being sent by airmail to another
country, notwithstanding that it is not received by the Cardmember or
returned undelivered.
18. Notice of Change
The Cardmember shall immediately notify the Bank of any change in the
Cardmember’s Address or any change in employment.
19. Intellectual Property Rights
The Cardmember acknowledges that the content used in connection with,
or incorporated or contained in or presented to the Cardmember in any
electronic channel or mode in connection with the services available in
relation to the Card and any materials presented by the Bank in connection
therewith are the exclusive property of the Bank and/or its third party
licensors.
20. Confirmation From The Bank
The Cardmember understands that the transmission of any communications
through any electronic channels may not be received by the Bank for reasons
beyond the Bank’s reasonable control including but not limited to
mechanical, software, computer, telecommunications or electronic failure.
The Cardmember further acknowledges that unless he receives confirmation
of receipt of the same from the Bank, communications may not have been
received and accordingly, may not be processed or accepted by the Bank.
The Cardmember acknowledges and agrees that the Bank shall not be liable
to the Cardmember in any way for any loss or damage whatsoever or howsoever
caused, directly or indirectly, in connection with the transmission or
failure of transmission of communications to the Bank through any electronic
channels or any lack of confirmation of receipt of any communications
by the Bank for whatever reason.
21. Evidence
The Cardmember agrees that all communications which may be made in electronic
form are written documents. The Cardmember shall not dispute or challenge
the validity or enforceability of any communication on the ground that
it is not a written document and the Cardmember hereby waive any such
rights that he may have at law.
22. Indemnity
The Cardmember undertakes to indemnify the Bank and hold it fully indemnified
from and against all claims, proceedings, penalties, demands, losses,
damages, liabilities, costs and expenses including legal costs on an indemnity
basis which the Bank may be subject to by reason of or due to:
(a) any breach by the Cardmember of terms and conditions of this Agreement,
(b) any unauthorised use by any party of the Security Devices,
(c) any failure or malfunction in the Cardmember’s hardware and/or
software used in connection with or for the purpose of access to any
services available for the Card,
(d) any virus and other destructive or corrupting code or program
or other software or hardware routine or components designated to permit
unauthorised access which have been introduced by the Cardmember to
any electronic service available in relation to the Card,
(e) the enforcement of the Bank’s rights as herein provided.
23. Set Off and Consolidation
23.1 The Bank may at any time and without prior notice or demand combine
or consolidate the outstanding balance on the Card Account with any one
or all accounts of the Principal Cardmember with the Bank and set-off
or apply any money standing to the credit of any one or all of such accounts
in or towards the satisfaction of the outstanding balance on the Card
Account.
23.2 The Bank may at any time and without prior notice or demand combine
or consolidate the Supplementary Cardmember’s Indebtedness with
any one or all accounts of the Supplementary Cardmember with the Bank
and set-off or apply any money standing to the credit of any one or all
of such accounts in or towards the satisfaction of the outstanding balance
on the Card Account attributable to the Supplementary Cardmember’s
Indebtedness.
24. Waiver
The Bank may at any time waive either unconditionally or on such Terms
and Conditions as the Bank deems fit in its absolute discretion any default
or breach by the Cardmember of this Agreement provided that such waiver
is given in writing by the Bank and save as aforesaid, no condoning or
excusing of and no neglect or forbearance on the part of the Bank of any
default or breach of this Agreement by the Cardmember shall operate as
a waiver of the Bank’s rights and powers. Any waiver shall operate
only as waiver of the particular matter to which it relates and shall
not operate as a waiver or release of any of the Terms and Conditions
of this Agreement.
25. Severability
If any one or more of the provisions of this Agreement or any part thereof
shall be declared or adjudged to be invalid or unenforceable under any
applicable law, such illegality, invalidity or unenforceability shall
not vitiate any other provisions of this Agreement which shall remain
in full force and effect.
26. Terms of Banking Services
This Agreement covers the use of the Card issued by Maybank, which is
additional to those governing your Account(s), ATM, Electronic Banking
Services and any other Services to which the Card(s) is or will be linked,
each of which may be amended or supplemented from time to time.
27. The Contracts (Rights of Third Parties)
A person who is not a party to these Terms and Conditions for Maybank
Flash Credit Card Agreement may not enforce its terms under the Contracts
(Rights of Third Parties) Act 2001.
28. Governing Law
This Agreement is governed by and construed in accordance with the laws
of the Republic of Singapore and the Cardmember hereby submits irrevocably
to the nonexclusive jurisdiction of the Courts of Singapore. Nothing in
this Clause shall limit the right of the Bank to bring or commence any
proceedings against the Cardmember in any other court of competent jurisdiction
elsewhere. |
