In consideration of Hong Leong Bank Berhad (hereinafter called “the Bank”) agreeing to make available the facilities offered by Mobile Money (hereinafter called “MM”) including affinity and co-branded Mobile Money Credit Card (hereinafter referred to as “the card”) to the individual named (hereinafter called the “Cardholder”) at the Cardholder's request the Cardholder hereby covenants, undertakes and aggress to the following terms and conditions: -
Clause (1) – Definitions
In this Agreement where the context to admit the following expression shall have the meanings designated unless otherwise distinguished: -
| (a) |
The expression “this Agreement” means the agreement between the Cardholder and the Bank whereby the Cardholder is issued with the Mobile Credit Card by the Bank upon the terms and conditions herein as well as the terms and conditions as contained in the Bank's application forms signed and submitted by the Cardholder to the Bank applying for the issuance of a Mobile Credit Card; |
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| (b) |
The expression “the Bank” means Hong Leong Bank Berhad of Wisma Hong Leong, 18, Jalan Perak , 50450 Kuala Lumpur ; |
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| (c) |
The expression “billing currency” means the billing currency in Ringgit Malaysia as set out in Clause 10 and includes its abbreviation “RM”; |
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| (d) |
The expression “the Card” means any Mobile Credit Card issued by the Bank which the Bank may introduce or replace from time to time and shall include cards issued in affiliation or in association with any third party and/or cards issued under any product or select names or reference; |
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| (e) |
The expression “the Cardholder” means the individual named on the card; |
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| (f) |
The expression “the Cardholder's Other Accounts” means the Cardholder's other accounts with the Bank and/or Hong Leong Finance Bud. Apart from the Mobile Credit Card and includes a Cardholder's joint account with a third party; |
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| (g) |
The expressions “finance charge” and “Minimum Payment Due” mean the finance charge and the minimum payment due referred to in Clause 12 hereof; |
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| (h) |
The expression “late payment charge” means the late payment charge referred to in Clause 13 hereof; |
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| (i) |
The expression “Mobile Credit Card Account” means the Cardholder's Mobile Credit Card account to which all payments for purchases of goods and/or services and cash advances effected by use of the Card including all annual fees, handling charges, finance charges and/or late payment charges are debited; |
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| (j) |
The expression “Mobile Credit Card Account Number” means the account number allocated to the Mobile Credit Card Account; |
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| (k) |
The expression “MM” means Mobile Money International Sdn Bhd, a company incorporated and registered under the laws of Malaysia and having its business address at Suite 22-28, 5 th Floor, IOI Business Park, 47100 Puchong, Selangor of which the Bank is a member institution; |
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| (l) |
The expression “merchant” shall mean all MM registered Merchants supplying goods and/or services; |
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| (m) |
The expression “Minimum Payment Due” means the sum indicated in the Statement as the minimum payment due from the Cardholder, which sum is equivalent to 5% (or such other percentage as may be determined by Bank Negara Malaysia or the bank from time to time) of the Current Balance plus all unpaid minimum payments (if any) specified in previous Statements or RM50.00 (or such other sum as may be determined by the Bank from time to time, whichever is higher. Where the Current Balance on the Cardholder's account exceeds the assigned credit limit, the excess over this limit is added to the minimum payment due for the purposes of computing the minimum payment due; |
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| (n) |
The expression “Current Balance” means the aggregate amount shown as due in the Statement or any other written notice communicated by the Bank; |
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| (m) |
The expression “Payment Due Date” means the date specified in the Statement by which payment of the Current Balance or minimum payment due must be made by the Cardholder; |
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| (o) |
The expression “Posting Date” means the date on which any transaction incurred by the Cardholder is debited to and recorded in the Statement; |
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| (p) |
The expression “prescribed credit limit” means the credit limit prescribed by the Bank in respect of all the Cardholder's purchases, cash advances and all other transactions whatsoever, whether or not such credit limit is not notified to the Cardholder; |
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| (q) |
The expression “Processing Fee” means the amount or such other sum as the Bank and /or MM may at its absolute discretion determine at any time or from time to time |
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| (r) |
The expression “Statement” means the periodic Mobile Credit Card Statement issued by the Bank to the Cardholder which shows inter alia the amount so charge, the payment due date and the method of calculation of the finance charges. |
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| (s) |
The expression “PIN” means the six digit Personal Identification Number selected by the Cardholder relating specifically to the mobile phone number as the Confirmation PIN for purposes of the Mobile Credit Card, which may be changed by the Cardholder with prior notification to MM and the Bank; |
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| (t) |
The expression “Mobile Money Credit Card Transaction” means transaction involving the use of Mobile Credit Card by the Cardholder to purchase goods, products or services from the merchants: |
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| (u) |
The expression “Mobile Phone Number” means the mobile phone number which has been registered by the Cardholder as the authorised mobile phone number from which the Cardholder shall use the services together with the PIN |
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| (v) |
The expression “Services” means payment for goods, products or services through Mobile Credit Card |
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| (w) |
The expression “Merchants” means, merchants, vendors, persons, corporation or entity registered with MM to sell or provide goods, products and services to the Cardholder: |
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| (x) |
The expression “SMS” means the short text message sent to and from mobile telephones which text comprises words or numbers or an alphanumeric combination in accordance with the prevailing standards prescribed by the GSM Association; |
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| (y) |
The expression “Customer Service” means the customer care unit of MM |
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| (z) |
The expression “ IVR” means interactive voice response provided by MM in the process of PIN setting and PIN confirmation. |
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| (aa) |
The expression “eCash” means, the electronic cash allocated and issued to the Mobile Phone Number and to be used with the eCash Number for an amount as may be authorised by the Customer from time to time; |
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| (bb) |
The expression “eCash Number” means, the eCash Random Number and the eCash ID Number ; |
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| (cc) |
The expression “eCash Random Number” means, the six (6) digit random number issued by MM to the Customer for one time usage; |
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| (dd) |
The expression “eCash ID Number” means, the four (4) digit identity code to be determined by the Customer; |
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Clause (2) – Issue of Card/ Use of Services
Clause 2 (a):
The Card is issued for use in connection with the facilities made available by the Bank from time to time at its absolute discretion including but not limited to the following: -
| (a) |
The payment for any purchase of goods and/or services from any Merchant by using a mobile phone bearing the Mobile Phone Number and the PIN or the use of eCash in accordance with this Agreement, which payment may be charged to the Mobile Credit Card Account; |
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| (b) |
Other facilities subject to prior written arrangement with the Bank. |
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Clause 2 (b):
The Bank does not issue a physical plastic card. The bank shall provide the Cardholder a notification of a 16 digit Mobile Credit Card Number to facilitate use of the Services in which the Mobile Credit Card Number is required and/ or payment to the Bank.
Clause 2 (c):
Cardholder is responsible to be acquainted with the guidelines and procedures for the use of the Services and the eCash that are set out in the user guide issued by the Bank and/ or MM from time to time. The Bank and/ or MM is not liable for any errors caused by the Cardholder's use of the Services.
Clause 2 (d):
The Bank and /or MM may at its absolute discretion immediately terminate, discontinue, withdraw or suspend, impose conditions or restriction on the Cardholder to use the Services or change the procedures, the mode of operation of the Services without giving any reason or notice thereof
Clause 2 (e):
In addition to and not in derogation of Clause 2 (d), the Bank and/ or MM shall immediately terminate the Cardholder's use of the Services without notice to the Cardholder if Cardholder has not utilise the Services (or any of them) for a continuous period of one (1) month subject to the Card service being available. The Cardholder may reactive the use of the Services by registering again with MM through calling MM Customer Service.
Clause 3 (a), (b), (c) & (d) – Compliance by Cardholder
Clause 3 (a):
All transaction records relating to the PIN through the registered Mobile Phone Number will constitute binding and conclusive evidence of the Cardholder entering into this Agreement with the Bank. The use of the Card shall also be subject to the Bank's prevailing conditions, rules and regulations and all other terms and conditions and regulations governing the Cardholder's other Accounts including any Exchange Control Regulations and other regulations of Bank Negara Malaysia .
Clause 3 (b):
The Card is not transferable and shall be used exclusively by the Cardholder. The Card may not be pledged by the Cardholder as security for any purposes whatsoever.
Clause 3 (c):
In amplification and not in derogation of the above, the Cardholder may at any time terminate the use of the Card by written notice to the Bank. No refund of the annual fee or any part thereof will be made to the Cardholder shall be and remain liable for any transaction effected through the use of the Card prior to the receipt by the Card Services centre of the Bank of such written notice of termination.
Clause 4 (a) & (b) – PIN
Clause 4 (a):
Upon approval of the Card, the Cardholder shall select a six (6) digit combination as the PIN. The Cardholder is responsible to keep the PIN confidential. The Cardholder shall not at any time and under any circumstances reveal or disclose or in any way facilitate access of the PIN to any party and shall take all steps to prevent the disclosure of the PIN.
Clause 4 (b):
Any notification or confirmation sent by the Mobile Phone Number together with the PIN shall deemed to have been issued by the Cardholder notwithstanding that such notification or confirmation may have been issued by third party, either authorised or otherwise, and the Cardholder shall be bound by such notification or confirmation.
The Bank and/or MM shall not be liable for acting on the notification or confirmation sent by the Mobile Phone Number together with the PIN. Subject to Clause 18 (a), such notification or confirmation shall be deemed irrevocable and binding on the Cardholder upon receipt by the Bank and/ or MM notwithstanding any error, fraud, forgery and lack of clarity or misunderstanding in respect of the terms of such notification or confirmation. The Cardholder shall immediately notify MM and the Bank upon receipt of incomplete, garbled or inaccurate data or information or any data or information, which is not intended from MM or any doubtful information or message . The Cardholder shall delete such data or information from the mobile phone.
Clause 5 (a) & (b) – Return of Card/ Termination/ Cancellation of Services
Clause 5 (a):
The Bank and/ or MM reserves the right to withdraw or suspend at its absolute discretion, the Card and/or any of the services thereby offered at any time with or without (as it in its absolute discretion deems fit) prior notice and in such circumstances if it so deem fit to terminate use of the Card by the Cardholder. It is further agreed that the Bank and/ or MM is under no obligation whatsoever to reveal the reason for the termination of the use of the Card.
Clause 5 (b):
Without prejudice to or limiting or affecting the Bank's rights contained in Clause 5 (a) above, the Bank may withdraw the Card and/or any of the services thereby offered with or without (as it in its absolute discretion deems fit) prior notice and in such circumstances if it so deems to terminate the use of the Card whereupon the provisions of Clause 11(b) and (c) shall be applicable notwithstanding that the Bank may have waived its right on some previous occasions upon the occurrences of any or more of the following events:-
| i. |
If the Cardholder fails or defaults in the payment of any sum of money whatsoever and howsoever payable, including but not limited to the minimum payment due, finance charges, and late payment charges and any other fees and monies and changes, when due and payable by virtue of and in accordance with provisions herein contained whether formally demanded or not; |
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| ii. |
If the Cardholder should commit or threaten to commit a default or breach any of the agreements covenants stipulations terms or conditions herein contained on the part of the Cardholder to be observed and performed; or |
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| iii. |
If a petition for bankruptcy should be presented or an order be made for any adjudicating and/or receiving order against the Cardholder; or |
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| iv. |
If a distress or execution or other process of a court of a competent jurisdiction is levied upon or issued against any property of the Cardholder and such distress, execution or other process as the case may be is not satisfied by the Cardholder within twenty-one (21) days of such order; or |
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| v. |
If the Cardholder should have furnished false information or data to the Bank; or |
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| vi. |
A receiver being appointed in respect of the Cardholder's assets or any part thereof or a meeting, whether formal or informal being called by the Cardholder's creditor or any of them; or |
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| vii. |
If the Cardholder should allow a Judgement debt obtained against him/her to remain unsatisfied for a period of seven (7) days from the date of the order (other than judgement debt on which the Cardholder shall have obtained a stay of execution and filed a Notice of Appeal within the time prescribed by the law); or |
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| viii. |
If in the absolute opinion of the Bank, the MM, MasterCard, Visa and/or American Express Card Account and/or Cardholder's Other Accounts with the Bank is or has not operated satisfactorily; or |
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| ix. |
If an event or events has or have occurred or a situation exists which should or might in the absolute discretion of the Bank prejudice the ability of the Cardholder to perform his/her obligations under this Agreement; or |
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| x. |
If the Cardholder shall become insane or die; or |
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| xi. |
If the whereabouts of the Cardholder is unknown to the Bank. |
Clause 6 – Theft or Loss of PIN/ Mobile Phone
Save as hereafter provided the Cardholder shall be and remain liable to the Bank for any goods and services supplied by the merchants effected through the use of the Card whether or not such usage is authorised by the Cardholder. The Cardholder must report immediately to MM any loss of Mobile Phone Number and/ or disclose of the PIN to any unauthorised person followed by a written confirmation to MM. The Cardholder shall be and remain liable to the Bank for any goods or services supplied by merchants effected by the use of the Card from the Mobile Phone together with the PIN at any time before the receipt by the Bank of the Cardholder's written confirmation.
Clause 7 (a) & (b) – Replacement/Renewal of Card
Clause 7 (a):
Upon any loss and/or theft of the Mobile Phone Number that unauthorised person or persons have acquired knowledge of the PIN, the Cardholder may request MM to issue a replacement PIN and MM shall have the right at its sole discretion to accept or to refuse such request without having to assign any reason whatsoever.
Clause 7 (b):
In the event that a Cardholder replace the Mobile Phone Number and/ or PIN, the whole outstanding Current Balance and all other debit entries constituting the Current Balance in the Mobile Money Credit Card Account will remain in the said account and the responsibility of the Cardholder.
Clause 8 – Limit of Purchases and Transactions
| i. |
Where the prescribed credit limit which shall be applicable to the aggregate of all purchases and all other transactions whatsoever by the Cardholder, has been notified to the Cardholder, the Cardholder shall not exceed the prescribed credit limit unless prior written approval to exceed this limit is obtained by the Cardholder from the Bank. |
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| ii. |
Notwithstanding that a prescribed credit limit may not be notified to the Cardholder, the Bank may at any time at its sole discretion set such a limit for its control purposes without informing the Cardholder. |
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| iii |
The Bank may at its sole discretion at any time from time to time vary the prescribed credit limit and save and except in the situation set out in this Clause 8(ii), the Bank may at any shall notify the Cardholder of the revised credit limit and the revised credit limit shall take effect from the date of the Bank's notice. |
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| iv. |
Notwithstanding the aforesaid, the Cardholder shall be liable for all his liabilities including but not limited to all purchases and transactions exceeding the prescribed credit limit. |
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| v. |
The Bank is not duty bounded in any way whatsoever to ensure that the prescribed credit limit is not exceeded by the Cardholder as the case may be. |
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Clause 9 – Fee and Charges
The Cardholder agrees to pay an annual fee for the Card and additional charges may be payable by the Cardholder to the Bank and/ or MM for the provision of any further services the Bank and/ or MM may from time to time provide.
The Cardholder has to bear all charges for outgoing SMS initiated by the Cardholder from the Mobile Phone Number in the process of any MM Transactions according to the rate applicable to the relative Mobile Phone operator.
Clause 10 – Records of Transaction
The Bank shall be entitled to deem as conclusive : -
| i. |
Any transactions record, and/or other charge record bearing the Mobile Phone Number and the PIN or other reproduction of the information contained by the Card; and/or |
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Such debts if incurred in a currency other than the billing currency shall, before being debited to the Mobile Credit Card Account, be converted into the Billing Currency at such rate of exchange as may be conclusively determined by the Bank as at the Posting Date. The Cardholder agrees that the records of the Bank of any transaction whichever effected by the use of the Card shall be conclusive and binding on the Cardholder for all purposes. |
Clause 11 (a), (b) & (c) – Statement of Account
Clause 11 (a):
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A Statement for the Mobile Credit Card Account will be rendered to the Cardholder once a month or at such other intervals as the Bank may deem fit to the last known address of the Cardholder in the Bank's records and it is hereby agreed that such Statements shall be deemed to have been received by the Cardholder within forty eight (48) hours from the date of posting. |
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The Cardholder may also access the MM Website and view the transaction history for the preceding one hundred and twenty (120) days. |
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Upon receipt of the Statement the Cardholder is deemed to have examined all entries in the Statement. |
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The Cardholder hereby expressly covenants and undertakes with the Bank and/ or MM that it shall be his/her duty to report in writing to the Bank any error in the Statement within fourteen (14) days from the date the Cardholder receives or is deemed to have received the Statement. |
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If the Cardholder for any reason whatsoever does not within the aforesaid fourteen (14) days notify the Bank in writing of any error in the Statement then the Cardholder shall be deemed to have accepted the entries contained therein made up to the date of the last entry in the Statement as correct and as final and conclusive evidence of the facts contained therein an the Statement shall be considered conclusive and binding as against the Cardholder and his/her legal representatives and successors and the Cardholder shall therefore be precluded from making any claims against the Bank by alleging that the Statement contains any error. |
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Clause 11 (b):
Notwithstanding the minimum payment due and the Payment Due Date specified in the Cardholder's Statement the whole of the outstanding balance on the Mobile Credit Card Account including finance charges and late payment charges shall become due and immediately payable upon termination of the use of the Bank or the Cardholder under the applicable provisions of this Agreement.
Upon the termination of the use of the Card all monies debited to the Mobile Credit Card Account including finance charges and all other charges whatsoever provided herein shall be immediately payable (both before as well as after any court order or judgement).
Clause 11 (c):
Notwithstanding the exercise by the Bank of any of its rights hereunder finance charges and late payment charges at the rates stipulated in this Agreement and compounded in accordance with Clause 12 (c) hereof shall continue to be chargeable on any sum of money which remains due and unpaid after the exercise of any of the Bank's rights and in the event that judgement is obtained in relation to any sum wherein it is adjudged that any sum of money be paid to the Bank, finance charges and late payment charges as aforesaid shall be payable to the Bank from the date such judgement until the date of full payment of such sum so adjudged to be payable to the Bank.
Clause 12 (a), (b) & (c) – Finance Charges
Clause 12 (a) (i):
Upon receipt of the monthly Statement, the Cardholder shall pay on or before the Payment Due Date stated in the Statement, the Minimum Payment Due or up to the Current Balance. All unpaid balances inclusive of finance charges imposed thereon in the manner set out in Clause 12 (a) (ii) and late payment charges compounded in the manner set out in Clause 12 (c) hereof shall be carried forward to the next Statement or Statements and included in the Current Balance shown therein until full & final settlement of such unpaid balance.
Minimum Payment Due shall be:
| (a) |
5% of the Current Balance plus any previous Minimum Payments Due or RM50.00, whichever is higher (or such other percentages or amount as may be determined by the Bank from time to time); or |
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| (b) |
Where the Current Balance exceeds the prescribed credit limit or the assigned credit limit, the amount in excess of the prescribed credit limit or the assigned credit limit plus 5% of the Current Balance plus any previous Minimum Payment Due (or such other percentage or amount as may be determined by the Bank from time to time). |
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Clause 12 (a) (ii):
Finance charges at the rate of 18% per annum (or such other rate as may be determined by the Bank at its sole discretion from time to time) calculated on a daily basis shall be computed on:
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all new retail transactions, commencing on the date immediately following the Payment Due Date after the interest-free period of twenty (20) days (or such other period as may be prescribed by the Bank) from the Statement date regardless of the outstanding balance in the Cardholder's Mobile Credit Card Account; |
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| ii. |
all other transactions and charges, fees, costs and incidental expenses charged to the Cardholder in connection with the use of the Card, commencing on their respective posting dates; |
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| iii. |
The unpaid balance or balances carried forward from previous Statement or Statements, commencing on the respective dates for the computation of finance changes thereon as set out in (i) and (ii) above. |
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Finance charges computed at the rate and in the manner set out in this Clause 12 (a) (ii) shall be payable by the Cardholder before as well as after any court order or judgement until full and final settlement of the amount payable.
Clause 12 (a) (iii):
In the event that the Cardholder fails to pay to the Bank the Minimum Payment Due, the Bank shall be entitled to terminate the use of the Card and the provisions of Clause 11 (b) & (c) shall be applicable.
Clause 12 (b):
All payments for the purchases of goods and/or services effected by the use of the Card and all annual fees, handling charges, additional charges, finance charges and/or late payment charges and any other applicable fees and charges will be debited to the Mobile Credit Card Account in the billing currency and shall be reflected in the Statement. In amplification and not in derogation of Clause 24 , the Bank shall be entitled at its sole discretion by giving prior written notice to the Cardholder to vary the rate or method of calculation of the annual fees, handling charges, finance charges, the minimum payment due and/or late payment charges and any other applicable fees and changes from time to time.
Clause 12 (c):
All unpaid finance charges and late payment charges shall on the date of each Statement or at such other intervals as the Bank may at its sole discretion determine be capitalised and added to the principal sum then owing and shall henceforth incur finance charges and late payment charges at the rates aforesaid both before as well as after any court order or judgement, until full and final settlement.
Clause 13 – Late Payment Charges
Notwithstanding Clause 12 (a) (iii), if the Cardholder fails to make the minimum payment due on the payment Due Date, a late payment charge (which shall be payable before as well as after any court order or judgement) by way of liquidated damages and not as penalty of 1% of the minimum payment due (subject to a minimum of RM5.00 or such amounts as may be determined by the Bank from time to time) will be charged for each month that the minimum payment due is not paid. Upon the termination of the use of the Card, the late payment charge will continue to be levied for each month thereafter until full and final payment of the Cardholder's liabilities under this Agreement.
Clause 14 – Balance of Account Due
The Bank shall close the Cardholder's Mobile Credit Card Account upon the termination of the use of the Card or any such time thereafter as it deems fit. In connection with such clause of the Cardholder's Mobile Credit Card Account and where a credit balance remains, the following shall apply: -
| (i) |
where the Mobile Credit Card Account has a credit balance of more than Ringgit Malaysia Ten (RM10.00), the Bank, after deducting a refund processing charge of Ringgit Malaysia Ten (RM10.00) or such other amount which may deem fit from time to time, shall arrange for a refund of the balance hereof to be sent by post or by any other means to the Cardholder by way of Cashier's Order or Bank Draft or other mode of payment as the Bank deems fit; and |
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| (ii) |
Where the Mobile Credit Card Account has a credit balance of less than Ringgit Malaysia Ten (RM10.00), the Bank shall be entitled to debit or set off the said credit balance as charges to be incurred for the closure of the Account. |
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Clause 15 – Application of Payment
All payments to the Bank must be made in the billing currency. Payments by the Cardholder to the Bank shall not be considered to have been made until the relevant funds have been received for value by the bank. All payments by cheques must include inland exchange commission where applicable. Failure to include such inland exchange commission shall entitle the Bank to debit the Cardholder's Mobile Credit Card Account or exercise its right of set-off under Clause 19 hereof as the Bank deems fit. Payments made by the Cardholder to the Bank whether by direct debit to the Cardholder's Other Accounts or otherwise will be applied in the following order or in such other order as the bank may at its sole discretion decide: -
| (i) |
in or towards payment of all finance charges; and |
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| (ii) |
in or towards payment of all late payment charges; and |
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| (iii) |
in or towards payment of all other fees including legal fees (on a full indemnity basis) and other charges; and |
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| (iv) |
finally in or towards repayment of all principal amounts. |
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Clause 16 –Waiver
The Bank's acceptance of late payments or partial payments or cheques or money orders marked as constituting payment in full or any waiver by the Bank of its rights or indulgence granted to the Cardholder shall not operate to prevent the Bank from enforcing any rights under this Agreement to collect the amounts due hereunder nor shall such acceptance operate as consent to the modification of this Agreement in any respect.
Clause 17 – Payments by Cheques
Cheques paid in by the Cardholder and which have been dishonoured may be returned by messenger or by post to the Cardholder at the last known address of the Cardholder registered in the Bank's records and at the Cardholder's own risk and expense. The Bank shall not be liable to the Cardholder in the event that the dishonoured cheques are lost in transit. For each returned cheques handled by the Bank due to technical reason or insufficient funds, an administrative charge or RM10.00 and RM100.00 respectively (or such amount as may be determined by the Bank from time to time) shall be levied and payable by the Cardholder. Such administrative charges, which may by increased by the Bank from time to time with prior notice shall attract finance and other charges at the rate imposed by the Bank.
Clause 18 – Dispute Resolution
The Cardholder acknowledges that the Mobile Money service is provided by Mobile Money International Sdn Bhd to facilitate purchases made by Cardholders at all MM registered Merchants. The Cardholder therefore agrees that any disputes relating to such purchases will be resolved with the Merchant directly without recourse to the Bank. Nevertheless, the Cardholder acknowledges that MM's dispute resolution processes set out in the MM Terms and Conditions furnished to the Cardholder and any similar requirements that may be set by the Bank from time to time, will be complied with.
For avoidance of doubt, the MM Dispute Resolution terms are set out hereunder.
Clause 18 (a):
The Cardholder shall furnish MM with all requisites supporting documents and information in relation to and in connection with the disputed MM transaction and complete such other forms and documents as MM may required. The Cardholder shall also provide written representation as to the nature of the dispute with the Merchant
Clause 18 (b):
MM shall notify the Cardholder of the outcome of such investigation within thirty (30) days from receipt of all the documents and information stated in Clause 18 (a)
Clause 18 (c):
The decision made by MM pursuant to the investigation shall be final, binding and conclusive, save for manifest errors.
Clause 18 (d):
Where the outcome of investigation by MM:
| (i) |
shows an amount greater than the Purchase Price forming the disputed MM Transaction has been debited from the Account, MM shall refund to the Cardholder the amount in excess by depositing such amount in excess into the Account |
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| (ii) |
shows an amount deducted from the Account in respect of the disputed MM Transaction is correct, the Cardholder shall be notified accordingly; or |
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| (iii) |
shows that there is a shortfall in the amount debited from the Account in respect of the disputed MM Transaction, MM shall notify the Cardholder of the shortfall and MM shall instruct the Bank to debit the shortfall from the Account |
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Clause 18 (e):
If the Cardholder is not satisfied with the outcome of the investigation conducted by MM, the Cardholder shall be entitled at law to lodge a complaint with he Consumer Claims Tribunal
Clause 18 (f):
The Bank and/ or MM and/ or its employees, agents or licensees is not liable for all claims, demand and damages (actual or consequential) of every kind and nature arising out of or in relation to any disputes that the Cardholder may have with the Merchants
Clause 19 – Set-off
The Cardholder agrees that the Bank may, at any time and without notice, combine and consolidate all or any account(s) of the Cardholder with the Bank and/or Hong Leong Finance Berhad of whatever description and wheresoever located and whether in Ringgit Malaysia or in any other currency or set-off or transfer any sum standing the credit of such account(s) towards discharge of all sums due to the Bank and/or Hong Leong Finance Berhad under any account(s) of the Cardholder with the Bank and/or Hong Leong Finance Berhad of whatever description and wheresoever located and whether in Ringgit Malaysia or in any other currency and may do so notwithstanding that the balances on such account(s) and the sums due may not be expressed in the same currency and the Cardholder hereby authorises the Bank and/or Hong Leong Finance Berhad to effect any such combination consolidation set-off or transfer with the necessary conversions at the Bank's or as the case may be, Hong Leong Finance Berhad's prevailing exchange rates which shall be determined by the Bank or Hong Leong Finance Berhad at its sole discretion, whichever applicable, as the case may be.
Clause 20 – Indemnity
The Cardholder shall be liable to pay the bank all legal costs (including but not limited to legal cost on a solicitor and client basis), charges and expenses which the Bank may incur in enforcing or seeking to enforce this Agreement or in obtaining or seeking to obtain payment of all or any part of the monies owing by the Cardholder. The Cardholder further undertakes to hold the Bank harmless and to indemnify the Bank against any liability for loss, damage, cost and expenses (legal or otherwise) which the Bank may incur by reason of the provision herein or in the enforcement of its rights hereunder.
Clause 21 – Force Majeure
Without prejudice to any of the provision of this Agreement, the Cardholder agrees not to hold the Bank and/ or MM liable in the event that the Bank is unable to perform in whole or in part any of its obligations under this Agreement, attributable directly or indirectly to the failure of any mechanical or electronic device, data processing system, transmission line, electrical failure, industrial dispute, any act beyond the Bank's control or due to any factor in a nature of a force majeure. In the event that the Bank is not able to furnish the Cardholder with a Statement pursuant to Clause 11 hereof, for any period of time the Cardholder's liability for finance and other charges shall, nevertheless, continue to accrue and for the purpose of computing the interest payable to the Bank or establishing the due date for payment of interest and principal, the Bank may select any day of the month as the monthly statement due.
Clause 22 (a) & (b) – Disclaimer
Clause 22 (a):
It is expressly agreed and declared by all parties hereto that the Bank shall not be liable or responsible to the Cardholder and/or any other person(s) for any losses, damages, costs or expenses whatsoever suffered by such person(s) arising out of or in connection with the issue, use, withdrawal and/or termination of the Card resulting from or in consequence of any act or omission by the Bank and/ or MM except in the case of wilful default by the Bank, for which such liability shall be limited to the amount of actual loss only.
Clause 22 (b):
In amplification and not in derogation of the aforesaid, the Bank and/ or MM shall not for any reason whatsoever be liable for damages suffered or loss by the Cardholder under any circumstances whatsoever whether or not such circumstances relate to or arise out of this Agreement including but not limited to non-acceptance for any reasons whatsoever of the Card by any merchant, person or body, non-acceptance by any bank or any member institution of MM, rejection of the Card, non-renewal, restriction or cancellation of the credit limit or facilities, the listing of such Card number in any cancellation lists or under any other circumstances.
Clause 23 – No Agency or Partnership
The Bank shall not be responsible for the refusal of any merchant or member institution of MM to honour or accept the Card or for any defect or deficiency in the goods or services supplied to the Cardholder by any merchant. Any complaint by the Cardholder must be resolved directly with the merchant may be set-off or counter claimed against the Bank. Furthermore the Cardholder will not withhold payment to the Bank on account of any such complaint or under any circumstances whatsoever.
Clause 24 – Amendments
The Bank reserves the right to add, delete, alter or amend any of these terms and conditions at any time by giving at least seven (7) business days notice to the Cardholder and such amendments shall become effective on such date as the Bank may elect to adopt. At the discretion of the Bank, notice of such additions or modifications or amendments may be despatched to the Cardholder or by mailing the aforesaid to the Cardholder or by notification in the mass media or posting up on the Bank website at www.hlb.com.my . Such change will apply on the effective date specified by the Bank and will apply to all outstanding balances in the Mobile Credit Card Account. Retention or use of the Card after the effective date of any change of terms and conditions shall be deemed to constitute acceptance of such changes without reservation by the Cardholder.
Clause 25 – Severability
If any of the provisions of this Agreement become invalid, illegal or unenforceable in any respect under any law the validity, legality and enforceability at the remaining provisions shall not in any way be affected or impaired.
Clause 26 (a), (b) & (c) – Disclosure
Clause 26 (a):
The Cardholder agrees that the Bank may disclose to any merchant, any officer of the Bank, MM and/or any person or entity and/or any other interested party (including third parties with whom Cards are issued in association or affiliation) and/ or any other party whomever as the Bank may at its absolute discretion deems fit, information concerning the Mobile Credit Card Account and the Cardholder's other Accounts and any other information which may be necessary to facilitate the use of the Card, the processing of any transaction effected through the use of the Card or for the purpose of recovering any monies due and owing from the Cardholder to the Bank.
Clause 26 (b):
The Bank shall have right to check the credit standing of an applicant for the Card and/or check the credit standing of the Cardholder at any time as and when the Bank deems fit without reference to him. The Cardholder consents to the disclosure of such information pertaining to the Cardholder to any Bank and/or financial institution and/or Central Credit Bureau established by Bank Negara Malaysia and/or MM or its successors as is relevant in connection with queries regarding the credit standing of the Cardholder and to the disclosure of Card numbers, Mobile Phone Numbers, of the new, renewed or replaced cards to merchants and any other persons.
Clause 27 – Authorisation
The Cardholder irrevocably and unconditionally allows and permits the Bank and/ or MM and/ or merchants to contact or send SMS to the Cardholder in respect of updates, notification and/ or reminder on services, promotions, events or services offered or provided
Clause 28 – Further Documents
The Cardholder undertakes to sign such further documents as may be requested by the Bank from time to time and the Cardholder hereby expressly covenants and agrees that at the election of the bank such further documents may deemed to take effect retrospectively. The Bank shall be entitled at any time without the consent of the Cardholder to assign the whole or any part of its rights and obligations under this Agreement with or without notice to the Cardholder.
Clause 29 (a), (b) & (c)– Service/ Notice
Clause 29 (a):
The Cardholder hereby irrevocably consents to the service of any notice under this Agreement or any court process by registered post to the address stated in this Agreement or to the last known address of the Cardholder in the Bank's record and such service shall be deemed effective two (2) days after posting or via the Bank's website at www.hlb.com.my , which the Cardholder agrees to access regularly. Service of court process may also be effected by any other manner permitted by the law.
Clause 29 (b):
The Cardholder must promptly notify the Bank in writing of any changes in employment or business or address (office and/or residential) or if the Cardholder intends to be absent from Malaysia for more than 60 days.
Clause 29 (c):
All notices and documents required to be given by the Cardholder to the Bank shall be deemed served when such notice or document is received by the Card Services Centre of the Bank.
Clause 30 – Conclusive Evidence Certificates
A certificate by an officer of the Bank as to the amount for the time being due and owing to the Bank from or by the Cardholder shall be conclusive evidence against the Cardholder in any legal proceedings. Any judgement recovered by the Bank against Cardholder in respect of such indebtedness shall be binding and conclusive in all courts of law in Malaysia and elsewhere.
Clause 31 – Suspense Account
For the purposes of enabling the Bank to preserve intact the liability of the party including the Cardholder once a writ of summons has been issued to or prove in the bankruptcy or insolvency of the Cardholder or for such other reasons as the Bank deems fit, the Bank may at any time and place keep for such time as the Bank may deem prudent any monies received, recovered or realised hereunder or under any other security or guarantee to the credit of a separate account in the name of the Cardholder as the Bank shall deem fit without an immediate obligation on the part of the Bank to apply the same or any part thereof in or towards the discharge of the sums due and owing to the Bank.
Clause 32 – Appointment of Agent
In amplification and not in derogation of its rights under this Agreement, the Bank shall have the right, at its sole discretion, to appoint an agent of its choice to collect all and any sums due to the Bank from the Cardholder under this Agreement.
Clause 33 – Successors
This Agreement shall be binding upon the heirs, personal representatives and successors-in-title of the Cardholder and on the successors-in-title and assigns the Bank.
Clause 34 – Reconstruction of the Bank
The obligations and liabilities of the Cardholder shall continue to be valid and binding for all purposes whatsoever notwithstanding any change by amalgamation, reconstruction or otherwise which may be made in the constitution of the Bank or of any company by which the business of the bank may for the time being be carried on and shall be available to the company carrying on that business for the time being.
Clause 35 – Time of Essence
Time, whenever mentioned, shall be the essence of this Agreement but no failure to exercise and delay in exercising on the part of the Bank of any right, power or privilege under this Agreement shall operate as a waiver thereof, nor shall any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof for the exercise of any other right, power or privilege. The rights and remedies herein provided are cumulative and not exclusive of any rights or remedies provided by law.
Clause 36 – Law Applicable
This Agreement shall be deemed to be a contract under the laws of Malaysia and shall for all purposes be governed by and construed in accordance with the laws of Malaysia and the parties hereto hereby agree to submit to the non-exclusive jurisdiction of the Courts of Malaysia or the courts of such other competent jurisdiction as the Bank may in its sole discretion elect to submit and further agree that service of any legal process may be effected in the manner set out herein. The Bank may at its sole discretion elect to file legal proceedings, commence and complete legal proceedings against the Cardholder in the courts in the Federal Territory of Kuala Lumpur or the State of Selangor, irrespective of the Cardholder's place of residence or business or the place where the Card was issued.
Clause 37 – English Version of This Agreement
In the event of any conflict in the interpretation of this Agreement and any translation of it in any language, the English version of this Agreement shall prevail.
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