| 3. |
Issuance of the
Card: The Bank will issue a Card only if the Cardholder has duly completed
an application form, agreed to these Terms and Conditions and the Terms and
Conditions for bank accounts and it has been accepted by the Bank. Opening
and maintaining a bank account with the Bank is a condition precedent for the
issuance of the Card. |
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| 4. |
Ownership of the
Card: The Card belongs to the Bank and the Bank or any authorised officer,
servant, employee, associate or agent of the Bank may retain the Card, require
the Cardholder to return the Card or suspend the use of the Card at any time
in its absolute discretion and the Bank shall not be liable for any loss suffered
by the Cardholder as a result thereof. The Card may not be used by any person
other than the Cardholder. |
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| 5. |
Validity and Activation:
The Card will not become valid or operational until the Cardholder acknowledges
receipt of the Card and accepts the Terms and Conditions for Card usage. The
Card will then require to be activated by such mode as the Bank may specify.
The Card is only valid for the period shown on it and must not be used outside
that period or if the Bank has required by notice in writing to the Cardholder
that it be returned to the Bank. When the period of validity of a Card expires
it must be destroyed by cutting it in half through the magnetic strip. |
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| 6. |
Loss or Theft: The
Cardholder must take all precautions to prevent unauthorised use of the Card
or its PIN. If the Card is lost or stolen the Cardholder shall immediately
notify the Bank by telephone on the contact number(s) from time to time notified
to the Cardholder and the Cardholder must, in addition, immediately notify
the Bank in writing of such loss or theft. The Cardholder will be liable for
all Transactions until the Bank is duly notified in the foregoing manner.
The Cardholder must co-operate with any officers, employees, representatives or
agents of the Bank and/or law enforcement agencies in any efforts to recover the
Card if it is lost or stolen. The Bank may disclose information about the Cardholder
and the Account if the Bank thinks it will help avoid or recover any loss to the
Cardholder or the Bank resulting from the loss, theft, misuse or unauthorised
use of the Card.
If the Card is found after the Bank has been given notice of its loss or theft
the Cardholder must not use it again. The Card must be cut in half through the
magnetic strip and returned to the Bank immediately. |
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| 7. |
PIN: At the request
of the Cardholder, the Bank will issue a PIN to the Cardholder. If the Bank
issues a PIN, the Cardholder must take all reasonable precautions to avoid
unauthorised use, including destroying the PIN mailer issued by the Bank promptly
after receipt, never disclosing the PIN to someone else, never writing the
PIN on the Card or any other item normally kept with the Card, never writing
the PIN in a way that can be understood by someone else and notifying the Bank
as soon as possible if someone else knows or is suspected of knowing the PIN.
If the PIN is held with the Card and subsequently lost or stolen, the Cardholder
will be liable for all PIN related Transactions. If the Cardholder discloses the
PIN then the Cardholder will be liable for all subsequent PIN related Transactions. |
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| 8. |
Charges: The Cardholder
agrees that charges, fees, duties, levies and other expenses (collectively
the “charges”) will be charged by the Bank for the issuance and usage of the
Card. The Cardholder agrees to pay and reimburse the Bank all or any of such
charges immediately upon demand. Such charges will change from time to time
at the discretion of the Bank and it is the Cardholder’s responsibility to
obtain the prevailing rates of such charges from the Bank’s branch nearest
to him/her. All charges are non-refundable unless otherwise indicated by the
Bank. |
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| 9. |
Total Usage: The
total amount of any Transactions carried out in any one day shall be limited
to such amounts and by such other conditions as shall be notified in writing
to the Cardholder by the Bank from time to time with effect from the date of
such notice. The Cardholder is not authorised to enter into Transactions using
the Card to a value in excess of the credit balance (if any) of the Account
from time to time.
If the Bank is asked to authorise a Transaction, the Bank may take into consideration
any other Transactions which have been authorised but which have not been debited
to the Account (and any other transactional activities upon the Account) the limits
and other conditions referred to in these Terms and Conditions and if the Bank
determines that there are or will be insufficient available funds in the Account
to pay the amount that would be due in respect of such Transaction, the Bank may
in its own absolute discretion refuse to authorise such Transaction, in which
event such Transaction will not be debited to the Account. The Bank shall not
be liable for any loss resulting from any such refusal to authorise any Transaction. |
|
| 10. |
Insufficient Funds:
In the event that there are insufficient available funds in the Account to
pay any Transaction or other amount payable from the Account, including any
mark-up, fees, charges, currency conversion charges, service fee or any other
payments due to the Bank, the Bank may in its own absolute discretion (and
without any obligation to do so) transfer or arrange the transfer of sufficient
funds from any other account held by the Cardholder with the Bank to the Account.
In this regard, the Cardholder permits, authorises and consents to the Bank
consolidating, combining or setting off any such credit balances existing in
such other accounts against the Transactions charged or to be charged by the
Cardholder against the Account. |
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| 11. |
Refusal to Accept
Card: The Bank shall not be liable for any loss resulting from the refusal
of any retailer, supplier, other bank or card operated machine to accept use
of the Card in connection with any Transaction. No claims of the Cardholder
against any retailer or supplier may be the subject of set-off, claim or counterclaim
against the Bank. The Bank shall not be liable in any way for the quality,
quantity, sufficiency, acceptability, merchantability of goods and/or services
booked, used or purchased by the Cardholder through the use of the Card or
for any breach or non-performance of any Card Transactions by a retailer or
supplier. The retailer or supplier shall under no circumstances be regarded
as an agent or representative of the Bank and neither the Bank shall be responsible
nor liable in any manner for any acts or omissions or breach of representations
on part of the Merchant. |
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| 12. |
Statement: The Cardholder
must check the Transaction Records from the Account Statement sent by the Bank
as per the set frequency or the service can be availed through internet banking
and through mini statement from an ATM.
The Cardholder will inform the Bank in writing within 7 days of Transaction or
issuance of Statement, whichever is later, if any irregularities or discrepancies
exist in the Transaction particulars of the Account on any Account Statement that
the Bank sends to the Cardholder. If the Bank does not receive any information
to the contrary within 7 days, the Bank is entitled to assume that all Transactions
are correct and can be treated as conclusive evidence for all purposes. |
|
| 13. |
Cancellation of
Transactions: A Transaction cannot be cancelled by the Cardholder after it
has been completed. |
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| 14. |
Posting: Subject
to these Terms and Conditions the Bank will normally debit the amount of any
Transaction to the Account as soon as the Bank receives proper instructions
in connection therewith, provided that the Bank will not be liable for any
loss resulting from any delay in doing so. |
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| 15. |
Refund: If a retailer
or supplier makes a refund by means of a Transaction the Bank will credit the
Account when it receives the retailer or supplier’s proper instructions and
the funds in respect of such refund, provided that the Bank will not be responsible
for any loss resulting from any delay in receiving such instructions and funds. |
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| 16. |
Promotions: Without
prejudice to the foregoing, the Bank may, from time to time and at its sole
discretion, promote the goods or services of certain specified companies (“affiliates”)
amongst all or any of its Cardholders. If such a promotion is made available
to the Cardholder and the Cardholder avails the promotion, the Cardholder agrees
that in addition to these Terms and Conditions, the Cardholder will abide by
the Terms and Conditions of the promotion as stipulated by the affiliates in
consultation with the Bank. Such promotion may be withdrawn at any time without
notice to the Cardholder. |
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| 17. |
Termination: The
Bank may terminate the Agreement comprised in these Terms and Conditions by
notifying the Cardholder in writing to the Cardholder’s last notified address
as per the Bank’s records. The Cardholder may terminate the Agreement comprised
in these Terms and Conditions by notifying the Bank in writing, cutting the
Card in half through the magnetic strip and returning the Card to the Bank.
Such termination shall be effective, subject to the provisions of the following
paragraphs of this clause, upon receipt by the Bank of such notice of termination
by the Cardholder. |
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| 18. |
Agreement to Remain
in Full Force and Effect: The Agreement comprised in these Terms and Conditions,
shall be deemed to remain in full force and effect if and in so far as any
Transaction is completed but not debited to the Account prior to termination
thereof. |
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| 19. |
Post Termination:
Termination of the Agreement comprised in these Terms and Conditions shall
not prejudice any liability in respect of things done or omitted to be done
prior to termination thereof. |
|
| 20. |
Limitation on Liability:
The Bank shall not be liable to the Cardholder for any loss suffered as a result
of the Bank being prevented from or delayed in providing any banking or other
services to the Cardholder due to strikes, industrial action, failure of power
supplies, systems or equipment or causes beyond the Bank’s control. The Bank
shall not be liable in any manner due to any accidental death, injury or property
damage that may be sustained by the Cardholder in using the Card at the ATM
rooms or locations, it being agreed that the Cardholder shall use the Card
entirely at his/her own risk, cost and consequences. |
|
| 21. |
Change of Terms
and Conditions: These Terms and Conditions and any charges relating thereto
may be changed by the Bank at its sole option at any time and from time to
time by notice (whether general, specific or by publication in the Bank’s Schedule
of Charges) to the Cardholder(s). Any such changes will be effective from the
date stated on the notice or Schedule of Charges or such later date as may
be expressly specified therein by the Bank.
However, any charges or fees due to VISA in respect of the use of the Card and
any variations thereto made by VISA shall be solely to the Cardholder’s Account
only and the Bank shall not be liable for same. |
|
| 22. |
Disclosure: The
Cardholder authorises the disclosure to any company within the Bank’s group
of companies, to any third party processors, service providers and/or card
personalisation firms utilised by the Bank from time to time. Such information
shall include but not be limited to the Cardholder’s details, the Card, the
Account and any Transaction as the Bank considers in its sole opinion to be
necessary or desirable. The Bank may also disclose such information in relation
to the Cardholder, the Card, the Account or any Transaction as may be required
by law, practice or usage. |
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| 23. |
Indemnity: The Cardholder
hereby indemnifies and holds the Bank harmless against any or all losses, damages,
costs or expenses which the Bank suffers or sustains as a consequence of the
Cardholder being in breach of these conditions or the Terms and Conditions
governing the Account or the Cardholder using or permitting the use of the
Card for any Transaction, whether illegal, unauthorised or otherwise. |
|
| 24. |
Bank Account Terms
and Conditions: These Terms and Conditions are to be read in conjunction with
the Account opening Terms and Conditions as shall be applicable to the Account
from time to time. |
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| 25. |
Governing Law: These
Terms and Conditions are to be read in conjunction with the Terms and Conditions
which govern the issuance and usage of debit cards issued by the Bank. These
Terms and Conditions are subject to the rules and regulations, circulars and
directives of the State Bank of Pakistan (as may be applicable from time to
time) and will be governed by the substantive and procedural laws of the Islamic
Republic of Pakistan. The courts in Pakistan will have exclusive jurisdiction. |
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| 26. |
Interpretation:
These Terms and Conditions are also being issued in Urdu and/or other regional
languages of Pakistan. In the event of any discrepancy or conflict between
the interpretation of the provisions of such clauses against the Terms and
Conditions stated above, the English version stated above shall prevail and
be deemed to be authentic. |
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| 27. |
Contact Details:
On notification of the Cardholder either telephonically or in writing in any
of the document about fresh/present contact details to any of the authorized
office/representative of the Bank, the Bank is authorized to update the record
by amending the previous particulars to fresh/latest one. |