These Rules and Regulations apply to and regulate the provision of Manhattan Credit Card facilities by Standard Chartered Bank, India.
1. Definitions:
a."Applicant" means an individual who has applied for a Manhattan credit card;
b."Bank" means Standard Chartered Bank, its successors, assignees, agents and authorised representatives;
c."Account Holder" means a CardMember in whose name the Bank has opened a Card Account
d."Card" or "Credit Card" means the Manhattan VISA Credit Card issued by the Bank to a CardMember and includes a Supplementary and Add-on Card.
e."Card Account" means an account opened in the name of the CardMember and maintained by the Bank for the purpose of usage of the Card within of India, Nepal and Bhutan as per the Rules and Regulations contained herein;
f. "CardMember" or "Cardholder" means an individual to whom a Card bearing that individual's name is issued by the Bank or an individual who uses the Card issued by the Bank, and includes a Supplementary and Add-on CardMember;
g."Cash Limit" means the maximum amount of cash as defined or prescribed by the Bank, that the CardMember can withdraw on his Credit Card including the Supplementary Card. Cash
Limit forms a subset of the CardMember's Credit Limit;
h. "Charge", "Voluntary Charges" and "Involuntary Charges" shall have the meaning ascribed to those words in Clause 5 below;
i. "Credit Limit" means the limit upto which the CardMember is authorised to spend on his Credit Card including the Supplementary Card;
j. "Merchant" means any person who owns or manages or operates a Service Establishment;
k. "Overseas Transactions" means an account opened in the name of the CardMember an maintained by the Bank for the purpose of use of the card outside of India, Nepal and Bhutan as per the Rules and Regulations contained herein;
l. "Person" means any individual, corporation, firm, company, institution, or other natural or legal person.
m. "Statement" or "Card Statement" means a monthly statement of account sent by the Bank to an Account Holder setting out the financial liabilities on that date, of the Account Holder CardMember and Supplementary CardMember in respect of the Card Account.
n. "Transaction Instruction" means any instruction given by a CardMember using a Card directly or indirectly to the Bank to effect a transaction. Transaction Instruction shall include, but not be limited to a charge slip, a cash advance slip or a mail order coupon;
o. "Service Establishment" means an establishment wherever located which honours the Card and shall include among others, stores, shops, restaurants, hotels, airline organisations, cash advance points including ATMs and mail order advertisers including mail order outlets (whether retailers, distributors or manufacturers); In this document, all references to a masculine gender shall be deemed to include the feminine gender and vice-versa and all references to the singular number shall include references to the plural number and vice-versa.
2. Applicability of the Rules and Regulations:
The Card shall be used subject to the rules and regulations mentioned herein and any additional rules and regulations, which the Bank shall, in its sole discretion, prescribe from time to time. The Applicant by signing the application form for the Credit Card or the CardMember by signing on the reverse of the Card or the CardMember by using the Card immediately without demur conveys his acceptance of these rules and regulations and amendments thereto.
3. The Card and its use:
a. The Card is the property of the Bank and shall be surrendered to the Bank at the Bank's Card Service Centres immediately on demand by the Bank. When surrendering the Card, the CardMember shall cut the card into four pieces to destroy the Card.
b. The Card shall be issued and used only for the purchase of goods or services, which is for bonafide personal and / or official purposes. The Card shall be issued and / or used only strictly in accordance with the Regulations issued by Reserve Bank of India (RBI) from time to time including the Exchange Control Regulations and the Foreign Exchange Management Act, 1999 (FEMA) and regulations thereunder. In the event of failure of the CardMember to comply with the same, the CardMember is liable for action under the applicable laws and regulations and shall be debarred from holding the Credit Card either as directed by RBI or at the sole discretion of the Bank. The CardMember accepts full responsibility to wrongful use in contravention to these rules and regulations and undertakes and agrees to indemnify the Bank to make good any loss, damage, interest, any financial charges that the Bank may incur and / or suffer as a result of the CardMember committing violation of the provisions thereof.
c. The Card shall be used within the Credit Limit and Cash Limit assigned to each Card as notified by the Bank.
d. The CardMember should not exceed the Credit Limit and Cash Limit, and if the Credit Limit and / or Cash Limit is/are exceeded, the CardMember shall immediately reduce the use of the Card in excess of the credit limit.
e. Where the Bank issues add on Cards, extent of use of all Cards so issued is to be limited by the credit limit set for the Card Account.
f. (i) The CardMember shall at all times be responsible for the safe custody of the Card.
(ii) The Card is not transferable.
(iii) The CardMember shall sign on the reverse of the Card immediately upon receipt of the same.
g. The CardMember shall not use the Card after the month of expiry embossed on the card.
h. If the CardMember, for any reason whatsoever, wants to stop using the Card, he/she shall be solely responsible for invalidating the Card by destroying the same under intimation to the Bank. In the event Charges are incurred on the Card after the CardMember claims to have destroyed the Card, the CardMember shall be entirely liable for the Charges incurred on the Card whether or not the same are the result of the misuse and whether or not the Bank has been intimated of the destruction of the Card.
i. The CardMember may use this card for payment of subscription to foreign magazines/periodicals or purchases made on the internet. However, The Card cannot be used on internet or otherwise for effecting remittances for the purposes for which the release of exchange is not permissible under the extant regulations like subscription to
a. magazines which are on the prescribed / banned lists and
b. football pools, sweepstakes or lotteries, payment for call-back service.
c. Any product or service which is prohibited under the applicable law, rules and regulations for the time being in force and / or is against public policy.
j. The CardMember's right to use the Card shall determine forthwith
(i) in the event of termination pursuant to Clause 10 below, or
(ii) in the event of loss or theft of the Card.
k. The CardMember agrees that he/she has made a standing request that renewal and/or replacement Cards be issued to each CardMember until such time as the Bank is notified by the CardMember, and subject to the discretion of the Bank. However, the Bank reserves the right to decline to renew the Card at its sole discretion without assigning any reason whatsoever. In the event of such non -renewal the CardMember shall immediately settle the balance due to the Bank without demur or delay.
l. The CardMember undertakes to act in good faith at all times in relation to all dealings with the Card and the Bank.
m.The CardMember can use the Card to access cash from Automated Teller Machines (ATM's)/cash dispensers of Standard Chartered Bank or other banks participating in the VISA Domestic ATM networks within India and all ATMs overseas which carry the VISA/PLUS logos. The CardMember is advised to retain a record of transactions generated by the ATM/Branch with him/her. A transaction Charge will be levied which will be subject to change at the Bank's discretion.
n. If the Card is a non-photocard, cash advances made across the counter, if the Bank is offering such facility, may be disbursed only on production of a photo identity acceptable to the Bank.
o. The Bank reserves unto itself the absolute discretion and liberty to decline or honour the authorization requests on the Card without assigning any reason whatsoever.
p. The Bank reserves unto itself the absolute discretion and liberty to change credit limits, increase or decrease, without assigning any reason whatsoever.
q. The CardMember may be entitled to choose from various activities, events and privileges conducted / offered by the Bank promoted under the scheme called Manhattan 'Experiences'. The Bank shall be, at its sole discretion, entitled to vary the list and/ or remove 'Experiences' at a short notice without intimation to the CardMember. The Bank shall not be liable for the quality of the 'Experiences' or for any loss, injury or death which may be caused due to CardMember participation in any of the 'Experiences'. The Bank shall be entitled to vary the fees charged from the 'Experiences' from time to time and at its sole discretion.
r. Without prejudice to the other rights of the Bank hereunder, in case of delay in payment of the dues payable under the Card, the Bank reserves the right to withdraw the Card privileges by instructing the Service Establishments not to honour the Card.
4. Usage of International credit card:
a. The CardMember as a resident of India can use his card for making personal remittances, which are permitted under the extant Exchange Control Regulations subject to the applicable ceilings, if any, and compliance with conditions and documentation prescribed for the purpose concerned.
b. The CardMember as an Indian resident going abroad can use the card for all bonafide personal expenses, including the purchase of goods for personal use provided, the total exchange drawn during the trip abroad does not exceed the CardMember's entitlement as prescribed under the applicable laws, rules and regulations. Import of goods so purchased abroad into India would be governed by the Baggage Rules /Exim Policy in force. The CardMember may, if they so desire, draw foreign exchange against the Card in the form of foreign currency notes/travelers cheques to the extent of the entitlement from an Authorised Dealer/full fledged money changer. Sale of such foreign currency notes/travelers cheques out of entitlement would be governed by extant regulations and would be subject to the applicable ceilings.
c. International credit cards to NRIs: International credit cards may be issued to NRIs/ PIOs. Such transactions should be settled by inward remittance or out of balances held in the cardholder's FCNR/NRE/Non-Resident (Ordinary) Rupee accounts
d. A CardMember, who changes or intends to change his residential status from Resident Indian to Non-Resident Indian or vice versa or who is emigrating and/or proceeding abroad on permanent employment, shall not use the Card for drawing foreign exchange and shall immediately settle the outstanding dues on his Card Account irrespective whether a Card Statement has been received by the CardMember or not. The CardMember shall ascertain the outstanding dues on the Card by enquiring from the Bank's Card Service Centres. The CardMember shall, after settling the outstanding dues, invalidate and surrender the Card by cutting the card into four pieces to destroy the same. Thereafter, the CardMember shall inform the Bank of the same in writing.
e. Cards to Foreign Nationals: A foreign national who is a CardMember shall avail of cash advances within the limits specified by the RBI and notified from time to time. In the event the Applicant/CardMember is a foreign national residing in India, he/she hereby undertakes to inform the Bank's Card Service Centres before leaving the country permanently and shall immediately settle the outstanding dues on his Card Account irrespective whether a Card Statement has been received by the CardMember or not. The CardMember shall ascertain the outstanding dues on the Card by enquiring from the Bank's Card Service Centres. The CardMember shall, after settling the outstanding dues, invalidate and surrender the Card by cutting the card into four pieces to destroy the same. Thereafter, the CardMember shall inform the Bank of the same in writing.
5. Charges:
a. Charges comprise each of the following:
(i) Voluntary Charges, namely:
A. the amount of any purchase of goods and/or services made by a Transaction Instruction;
B. the amount of any cash advance provided pursuant to a Transaction Instruction;
C. any amount which the Bank is requested to debit to the Card Account and which the Bank debits pursuant to such request; and
D. any amount chargeable to the Card Account by virtue of a Transaction Instruction.
(ii) Involuntary Charges namely:
A. any fees charged by the Bank in respect of a Card Account or Card, including entrance, annual replacement, renewal, handling, late payment, overlimit, inactivity /non usage of Card.
B. The Bank's finance charges made on any Charge and
C. commission on specific types of transactions.
b. The method of calculation of Involuntary Charges will be those notified from time to time by the Bank in the Statement or on the reverse thereof, or otherwise in accordance with Clause 16 below.
c. The Card carries no annual fee, joining fee or renewal fee, however the Bank reserves its right to charge any fee on the Card, without notice and at its discretion and for such amount as it may deem fit.
d. The Bank may at its discretion vary the interest rates chargeable for each CardMember individually depending upon spending and payment patterns of the CardMember. Any such variation of interest rate shall be intimated to the respective CardMember in writing or on the reverse of the Card Statement.
e. The Bank record of the amount of any Charges shall, in the absence of manifest error, be final and binding on the CardMember and shall be conclusive in any case where the Bank has effected any payment pursuant to a Voluntary Charge. f. Charges in Foreign Currency: all such charges will be billed in the Cardholder's billing statement in Indian Rupees. Each Cardholder hereby authorises the Bank to convert Charges incurred in a foreign currency to the Indian Rupee equivalent there of at such rate as the Bank may from time to time designate.
g. Any payment of a charge made by the Bank will be with full recourse to the CardMember and will not be considered as absolving the CardMember of any liability in relation to incurring of such Charge or payment thereof by the Bank and the Bank shall be fully indemnified and held harmless against all consequences of such payment, by the concerned CardMember.
h. Transactions with Airlines/Railways: When a ticket is booked with a Card, the CardMember will be billed in the monthly statement of the Card Account. As purchase & refund of the ticket are two separate transactions, the CardMember will have to pay for the purchase of the ticket as per the billing. For any ticket subsequently cancelled amount will be credited to the Card Account (less cancellation charges) as and when the credit advice is received from the Service Establishments (Airlines & Railways/Acquiring Bank). In the event credit advise from the Service Establishments (Airlines & Railways/Acquiring Bank), which could take upto 45 days from date of cancellation to reach the Bank, is not received even after 45 days from the date of cancellation, credit may be effected by the Bank at its discretion, to the Card Account, provided the CardMember submits the original credit charge slip to the Bank. Service charges as may be applicable from time to time will be levied in such cases.
i. The CardMember agrees without demur that all charges with respect to the issue and use of the Card are subject to change without prior notice at the sole discretion of the Bank.
6. Transaction Instructions:
a. Transaction Instructions comprise each of the following:
(i) In the case of purchase of goods and/or services, the record of the amount of such purchase prepared by the person supplying the same and submitted to the Bank's Card Service Centres or the Bank;
(ii) the input to the Bank's computer of such instructions, and
(iii) any other instructions which the Bank is requested to effect and which the Bank effects pursuant to such request.
b. (i) The Bank will provide a Personal Identification Number to be used in conjunction with the Card when effecting a Transaction Instruction at an ATM.
(ii) The CardMember must under no circumstances whatsoever disclose the Personal Identification Number to any other Person.
(iii) Any ATM transaction put through using a card will render a CardMember liable not withstanding CardMember claiming non receipt of the Personal identification number.
c. (i) The Bank shall be entitled (but not bound) to give effect to any Transaction Instruction upon receipt of the same and as though the same were submitted by the CardMember to the Bank's Card Service Centres or the Bank in writing and signed, and for the avoidance of doubt, the CardMember hereby authorises the Bank to do so.
(ii) The Bank's record of any Transaction Instruction effected in conjunction with a Personal Identification Number shall be binding on the CardMember as to its consequence.
7. Disputes:
a. Any Charge or other payment requisition received from a
Service Establishment by the Bank for payment shall be conclusive proof that the Charge recorded on such requisition, was properly incurred at the Service Establishment by the CardMember referred to in that Charge or other requisition, as the case may be, by the use of the Card except where the Card has been lost, stolen or fraudulently misused, the burden of proof for which shall be on the CardMember. The other payment requisition referred to in this Clause shall include any and all payments pertaining to permissible expenses incurred by a CardMember at a Service Establishment by use of the Card which is not recorded as a Charge such as miscellaneous hotel charges etc. Signature of the CardMember on such charge slip together with the CardNumber noted thereon shall be conclusive evidence as between the Bank and the CardMember as to the extent of liability incurred by the CardMember and the Bank shall not be required to ensure that the CardMember has duly received the goods purchased/to be purchased or has duly received the service availed or to be availed to the CardMember's satisfaction. Should the CardMember disagree with a charge indicated in the statement, the same should be communicated to reach the Bank's Card Service Centres or the Bank within 15 days of receipt of the Statement, failing which it would be construed that all Charges and the Statement are entirely in order. Authority to charge CardMember's Account in respect of Charge made/to be made, services availed/to be availed would be given by the CardMember either in the form of a charge slip as used at the service establishment and provided by an authorised Visa/MasterCard member bank or such other form as may be prescribed by the Bank. The Bank shall make bonafide and reasonable efforts to resolve an aggrieved CardMember's disagreement with the applicable Charge indicated in these statements, within a month of receipt of the notice of disagreement. If after such effort, the Bank determines that the Charge indicated in the Statement is correct, then it shall communicate the same to the CardMember along with details, including a copy of the charge slip or payment requisition. The CardMember shall thereafter without demur make payment includinginterest and any other applicable charges.
b. Dishonour of the Card: The Bank accepts no responsibility for refusal by any Establishment to honour the Card. Nor will the Bank be responsible in any way for any goods or services supplied to the CardMember. Complaints against the Establishments should be resolved by the CardMember with the Establishment, and any claim by the CardMember against the Establishment, will not relieve the CardMember from any obligation to the Bank hereunder.
c. Change of address: It is obligatory on the part of the CardMember to inform the Bank of any change in name or address at one of its Card Centre offices by either telephone or in writing.
d. Lost Card Liability and fraud charges: In the event of misuse of the Card it is obligatory on the part of the CardMember to send to the Bank' s Card Service Centres or the Bank a copy of the notarised Affidavit confirming loss of the Card and disclaiming the Charges and also send to the Bank's Card Service Centres or the Bank a copy of the acknowledged report lodged with the local police authorities/law enforcement agency where the loss occurred
8. Quality of Goods and Services:
The Bank shall not be in any way
responsible for merchandise, warranty or services purchased or availed of by CardMember from Service Establishments including on account of delay indelivery, non-delivery, non-receipt of goods or receipt of defective goods from mail order placed by the CardMember. It must be distinctly understood that the card facility is purely a facility to the CardMember to purchase the goods or avail of services and the Bank holds out no warranty or makes no representation about quality, quantity, delivery or otherwise howsoever regarding the goods or services, and any dispute must be resolved by the Card Member with the Services Establishment. The existence of a dispute shall not relieve the CardMember of his obligation to pay all Charges and the Card
Member agrees to pay promptly such Charges, not with standing any pending dispute or claim whatsoever. All liquor charges shall be subject to the laws in
each State for acceptance of the Card. The Experience Packages being offered to the cardmember will be on a "best effort" basis. The bank does not guarantee the cardmember about information or invitation to any and all events. The Bank has tied up with various service providers to bring this feature and will not be held accountable for the quality of service or product provided. The Bank also
reserves the right to suspend or withdraw this feature at the bank's discretion and without notice.
9. Exclusion of Liability:
Without prejudice to the foregoing, the Bank shall be under no liability whatsoever to the CardMember in respect of any loss or damage arising directly or indirectly out of;
a. any defect in any goods or services supplied;
b. the refusal of any person to honour or accept a Card;
c. the malfunction of any computer terminal;
d. the giving of TransactionInstruction other than by a CardMember;
e. any statement made by any person requesting the return of the card or any act performed by any person in conjunction;
f. handing over of the Card by the CardMember to anybody other than designated employees of the Bank at the Bank'spremises or at the Bank's Card Service Centres;
g. the exercise by the Bank of its right to demand and procure the surrender of the Card prior to the expiry date embossed on its face, whether such demand and surrender made and/or procured by the Bank or by any Person or Computer terminal;
h. the exercise by the Bank of its right to terminate any Card or the Card Account pursuant to Clause 15; or
i. any injury to the credit character and reputation of the CardMember alleged to have been caused by therepossession of the Card and/or, any request for its return or the refusal of any service establishment / mail order establishment to honour or accept the Card.
j. any mis-statement, mis-representation, error or omission in any details disclosed by the Bank pursuant to Clause 10.
k. decline of a charge because of exceeding foreign exchange entitlements as prescribed by RBI guidelines issued from time to time, on the Bank becoming aware of the CardMember exceeding his entitlements
l. In the event a demand or claim for settlement of outstanding dues from the CardMember is made either by the Bank or any person acting on behalf of the Bank, the CardMember agrees and acknowledges that such demand or claim shall not amount to be an act of defamation or an act prejudicial to or reflecting upon the character of the CardMember, in any manner.
10. Disclosure of information:
The CardMember hereby agrees that as a
pre-condition to the application for this Card by him/her to the Bank and / or issuance of the Card to him/her by the Bank, in the event he/she commits default in the payment of charges / dues / interest on the Card Account, the Bank and / or Reserve Bank of India will have an unqualified right to disclose or publish his/her name as defaulter in such manner and through such medium as the Bank or Reserve Bank of India in their absolute discretion shall deem fit. Notwithstanding the foregoing, the Applicant / CardMember hereby authorises the Bank to provide information about the Applicant / CardMember and/or the Card Account to disclose such information relating to my /our credit facility/ies to such parties or authorities whether statutory or otherwise, regulator/s, organisations, bodies, as may be deemed necessary at the sole discretion of the Bank.
11. Lost Card Liability:
If a card is lost or stolen in India, the CardMember must immediately inform the Bank's Card Service Centres in India or the Bank; if a Card is lost/stolen while travelling outside India, the CardMember must immediately inform either the Bank's Card Service Centres in India or the MasterCard/VISA Global Emergency Assistance HelpLines. Charges as applicable (refer your Facilities Directory for details) for the usage of services provided by the Visa/MasterCard Global Emergency Assistance Services will be billed by the Bank and payable by the CardMember. In either case, the CardMember must also file a report with the local Police / law enforcement agency where the loss/theft occurred. The CardMember must send the Bank's Card Service Centres or the Bank a copy of the acknowledged report filed with the local police/law enforcement agency. The CardMember will be liable for Charges incurred on the Card until the Bank's Card Service Centre in India or the Visa/MasterCard Global Emergency Assistance HelpLines are intimated of the loss. A CardMember may report a Card lost over the telephone duly supported thereafter by written intimation, duly signed. The Bank may upon adequate verification, temporarily suspend the Card Account and will not be liable for any inconvenience caused to the CardMember, on this account. After effective intimation to the Bank's Card Service Centres in India in the event of card lost/stolen in India, or effective intimation to either the Bank's Card Service Centres in India or the MasterCard/Visa Emergency Assistance Helpline in the event of Card lost/stolen outside India, of the loss, the CardMember's liability in case of adherence to the above, will be NIL. Once a Card is reported lost, stolen or damaged, the Card should not be used again, even if found subsequently as it may result in dishonoured transactions. The CardMember declares that if a Card is reported lost, stolen or damaged and is subsequently found, the CardMember, shall be solely responsible for invalidating the card by destroying the same under intimation to the Bank. In the event Charges are incurred on the Card after the CardMember claims to have destroyed the Card, the CardMember shall be entirely liable for the Charges incurred on the Card whether or not the same are the result of the misuse and whether or not the Bank's Card Service Centres or the Bank has been intimated of the destruction of the Card. The CardMember is responsible for the security of the Card at all times and shall take all steps towards ensuring the same. In the event the Bank determines that the aforementioned steps are questionable, financial liability on the lost/stolen Card would rest with the CardMember and could even result in cancellation of the Card Account. In case of loss / theft / damage of the Card, a replacement Card may be issued at the sole discretion of the Bank.
12. Payment:
a. Statements will not be issued for accounts with balances less than
INR 100/- only when a new transaction reflects in the account. For accounts reflecting a credit balance, statements will be issued only when a new transaction reflects in the account.
b. The CardMember shall pay to the Bank upon receipt of the Statement, the "Minimum Payment Due" amount described in the Statement against "Domestic Transactions" by the "Payment Due Date" stipulated thereon.
c. Each CardMember is liable, jointly and severally with the Account Holder, to pay the Bank "Minimum Payment Due" to the Bank's Card Service Centres upon receipt of the Statement by the CardMember.
d. The Applicant / CardMember agrees that the Bank shall have a paramount charge, lien and right of set off on all monies, securities, deposits and other assets and properties belonging to the Applicant / CardMember or standing to the Applicant's / CardMember's credit (whether singly or jointly wth any other person/s) in any account whatsoever with any branch of the Bank for any purpose whatsoever, without notice to the Applicant / CardMember, to adjust any outstanding in the Card Account in the event that payments as defined here under are in arrears/due.
e. Payments to the Bank in respect of the liabilities of the Applicant shall be deemed not to have been made until such time as the Bank has received the relevant cleared funds.
f. (i) Payments of any amount less than the "Statement Balance: shown on the Statement will be appropriated by the Bank in order of priority notified by the Bank in Clause 19
(ii) of these Rules and Regulations.
(iii) The CardMember hereby waives all right to appropriate payments in any other manner.
g. All amounts due to the Bank under these Rules and Regulations shall be payable without any deduction whatsoever by way of set off or counterclaim or otherwise of any amount due or alleged to be due or outstanding from the Bank or any other Person and notwithstanding any legal limitation, disability or incapacity of any CardMember. The Bank shall have general lien on all the assets/monies/deposits/securities belonging to the CardMember and which are in or under the possession, control or power of the Bank.
h. Any credit given in respect of the supply of goods and/or services will be applied by the Bank to the Card Account only after receipt by the Bank's Card Service Centres of notification in form acceptable to the Bank and in accordance with the prevailing MasterCard/Visa rules and regulations as applicable.
i. The Bank will be entitled (but not bound) to give effect to any instructions given by the CardMember that payment may be effected by crediting the Card and debiting with the like amount such other account as may have been established by the CardMember with the Bank.
j. In the event that a cheque representing payment as defined above, is returned by the drawee Bank for any reason, the CardMember shall be liable for criminal proceedings in terms of the provisions contained in the Negotiable Instruments Act, 1881 or its successor.
k. The entire outstanding dues in the Card Account shall become payable in full by the CardMember, his successors or assignees, in the event of death, insolvency or winding up of business of the CardMember. In the event that repayment liability is borne by a CardMember's employer and in the event that such employer's business is wound up or becomes bankrupt or is declared insolvent for any reason whatsoever, and/or is unable to make such payment, the CardMember shall be personally held liable for the settlement of all dues to the complete satisfaction of the Bank.
l. In the event of non-receipt of the Statement for any reason whatsoever, the CardMember undertakes to call the Bank's Card Service Centres to request his/her latest balance and/or a duplicate copy of the Statement, and to pay the Bank the sum total of all dues.
m. As per RBI guidelines, the CardMember need not submit document-ary evidence like invoice/bills etc. for use of the Card for the purposes listed in Clause 4 (b) if the remittance involved is less than $ 250 or its equivalent, and the Authorised Dealer is satisfied about the bonafides of the remitter and the purpose of remittance.
n . It is the Cardholder's onus and liability to make payment against all balances in Overseas Transaction accounts.
o. As per RBI guidelines, in case the amount on account of use of the Card during visits abroadexceeds the CardMember's foreign exchange entitlements, the CardMember should provide the reimbursement claimed, and the Bank is authorised to report the matter to the Regional Office of the Exchange Control Department giving full details. However under no circumstances should repayment of the credit card bill/dues be delayed or refused on the grounds of excess drawing.
p. Payments will be considered acceptable to the Bank where A/c Payee and crossed cheque/drafts payable to "SCB A/c (Card No.)" or "Manhattan A/c (Card no)" are drawn on Banks in the cities of Ahmedabad, Bangalore, Baroda, Calcutta, Coimbatore, Delhi, Hyderabad, Madras, Mumbai and Pune, Cheques drawn on other centres will be considered outstation cheques, proceeds of which will be obtained on a collectionbasis and upon which the Bank's and agency applicable collection service charges will be charged. The Card Account will be credited only on receipt of proceeds from the drawee bank and will be for the amount net of the Bank's collection charges as applicable from time to time.
q. Cross default: TheCardMember expressly accepts that if the CardMember fails to pay any monies when due or which may be declared due prior to the date when they would otherwise have become due or commits any other default under Agreement/applicable Rules and Regulations (including CardMember Rules and Regulations) with the Bank under which the CardMember is enjoying any financial/credit/other facility, then in such event, the Bank shall without prejudice to any of its specific rights under each Agreement or Rules and Regulations, be absolutely entitled to exercise all or any of its right as set out in this Rules and Regulations at the sole discretion of the Bank.
r. Authorized debt collection Agency: The Bank reserves the right to assign dues from any CardMember to its authorized collection agency to collect the amount outstanding due and that the Bank shall be entitled to debit the CardMember account with the expenses it has incurred in doing so.
s. Returned Payments: In case any payment instrument forwarded by the CardMember/on behalf of CardMember is not honoured the Bank reserves the right to proceed legally against the CardMember and would at its discretion levy penal fees and/or cancel the Card facility.
13. Amendments:
a. These Rules and Regulations shall be amended by the Bank at any time and from time to time without the consent of the CardMember and the CardMember shall be bound by the same.
b. Any such amendment, shall be deemed to be effective and binding on the CardMember in accordance with the notice issued in terms of Clause 16(b) below.
14. Breach and Termination:
a. Breach: In the event of any breach of the terms of these Rules and Regulations by the CardMember;
(i) not withstanding any other provision of these Rules and Regulations the CardMember shall be liable for any loss directly or indirectly resulting from such breach: and
(ii) the CardMember shall be liable to pay the Bank upon demand all amounts outstanding from the CardMember to the Bank whether due and payable to the Bank at the date of such demand or not.
b. Termination
(i) A. The CardMember may at any time terminate the Card Account by informing the Bank's Card Service Centres or the Bank either telephonically or in writing.
B. Such notice will not take effect until the Card has been destroyed by the CardMember under intimation to the Bank's Card Service Centres or the Bank and subject to Clause 3 (h) of these Rules and Regulations.
C. Save as aforesaid, neither the Card Account nor any Card may be terminated by the CardMember.
(ii) The Bank may at any time, and with or without notice as the circumstances in the Bank's absolute discretion may require, terminate the Card.
(iii) On termination of the Card and notwithstanding any prior agreement or arrangement between the Bank and the CardMember to the contrary:
A. whether or not already reflected in the "Statement Balance" of a statement; and
B. the amount of any Voluntary Charges incurred after termination (with effect from the date of the relevant Transaction Instruction), shall become forthwith due and payable by the CardMember as though they had been so reflected and interest will accrue thereon as applicable from time to time as the Bank may notify the monthly interest rate in the Statement.
15. Warning Bulletin:
The Bank shall have absolute right and discretion to make reference of the Card in the warning Bulletin in India or abroad notifying the Merchants to seize the Card, without assigning any reason whatsoever.
16. Notices:
a. The Applicant / CardMember agrees and authorises the Bank to serve any notice, statement, communication, demand for payment, legal process, to the Borrower may at the address stated in the application form or to such other address as may be intimated to the Bank by the Borrower in writing.
b. Any of the aforesaid documents may be served by sending the same by ordinary post/personal courier; to the usual or last known address of the Account Holder, and such document shall be deemed to have been, duly served four days after the date of posting if mailed to any address in India.
17. Expenses of Enforcement:
The CardMember agrees to indemnify the Bank in respect of any and all expenses incurred by the Bank in enforcing or attempting to enforce these Rules and Regulations including all legal fees and disbursements on a full indemnity basis.
18. Add on Cards:
With respect to more than one Card being issued on a Card
Account, the holder of any such additional Card on the Card Account and the CardMember authorising its issuance are jointly and severally bound by these Rules and Regulations and are jointly and severally liable for all charges, incurred by the use of Card/s.
19. Application of Payments:
(i) The Applicant / CardMember shall be liable to pay costs, charges and expenses to the Bank as per the "Tariff of Charges for Bank Cards" in force from time to time.
(ii) Payments and credits received in respect of the Card Account shall be applied in the following order:
a. interest and Involuntary Charges;
b. cash advances shown in the Statement;
c. purchases of goods and/or services shown in the Statement;
d. Transaction Instructions not yet shown in the Statement.
e. If the CardMember has multiple Card Accounts, the Bank reserves the right to transfer any credit balance/ payment in one Card Account to another Card Account with/without the consent of the CardMember.
(iii) Charges incurred in Indian Rupees or local currencies of Nepal/Bhutan on a Card, are billed in the Card Statement under the head "Domestic Transactions", while charges incurred in all currencies other than Indian Rupees or the local currencies of Nepal/Bhutan on a Card are billed under the separate head "Overseas Transaction".
20. Miscellaneous:
a. The Applicant / CardMember hereby authorises the Bank to contact his employer or any other source to obtain any further information that may be required regarding the Applicant/ CardMember.
b. The CardMember agrees that the Bank is entitled (not bound to) to telephonically remind the CardMember of the payments Due on a bill or leave with person receiving the telephone call on behalf of the CardMember, a reminder message. However, the Bank shall be under no obligation what so ever to remind the CardMember regarding dues payable on the Card whether in writing or otherwise and the Bank exercising its option and right on the aforesaid shall not be called in question.
c. None of the Bank's rights shall be deemed to have been waived by any act or conduct of the Bank, or by any neglect or relay in exercising such rights, and every right shall continue in full force and effect until specifically waived by the Bank in writing.
d. The Bank reserves the right to assign or securitise the receivables and / or the credit card business as a whole or a part thereof in any manner whatsoever without obtaining any consent, either express or oral from the CardMember.
e. The CardMember agrees that the Bank shall not pay any interest on the credit balance, if any, in the CardMember's account The Applicant / CardMember agrees and authorises the Bank to contact / communicate to him or his family members by telephone, direct mail or electronic mail or Short
Messaging Service (SMS) or any other medium to make various offers and schemes promoted and / or distributed by the Bank. If the Applicant / CardMember does not want to be called through telephone or other medium, the Applicant / CardMember agrees he shall inform the Bank accordingly. The Bank shall not be liable for an loss, damage, compensation, loss caused / incurred to the Applicant / CardMember for any reason whatsoever.
21. Photograph in PictureCard:
a. The Bank shall, at its sole discretion and without assigning any reasons, refuse to accept the picture / photograph submitted by the Applicant / CardMember. The Applicant / CardMember shall submit such picture/photograph in such manner as the Bank shall prescribe. The Applicant / CardMember understands and accepts without demur that the process of actual reproduction of picture/photograph on the face of the card might result in slight loss of colour or change in contrast of the picture/photograph. The Bank is not obliged to return the picture/photograph to the Applicant / CardMember and neither shall it be liable to pay any compensation therefor.
b. The Applicant / CardMember agrees to indemnify and hold harmless the Bank from any and all claims or legal actions, damages, costs, liabilities and expenses (including actual attorney's fees and expenses) arising directly or indirectly out of reproduction of the picture/photograph on the face of the Credit Card or in relation to any dispute with respect to the ownership or use of the copyright in the picture/photograph.
c. The Applicant / CardMember confirms having read the terms and conditions of the Photo/Picture Card and agrees to abide and be bound by the same. The Applicant / CardMember confirms that he/she is the owner of the copyright in the picture/photograph and that the Bank would not be in breach of copyright or any other proprietary or other right in using the picture/photograph. The Applicant / CardMember also agrees to offer the Bank all assistance in defending any claim or legal action whether criminal or civil, arising out of the use by the Bank of the picture/photograph for issuing the Photo/Picture Card.
22. Reward points:
Reward points shall mean points awarded by the Bank under a Reward Scheme promoted by the Bank. Under this Scheme, the Bank shall award reward points for valid charges incurred by the CardMember on the Card. On redemption, the reward points so redeemed, shall automatically stand reduced from the accumulated reward points in the Card Account. If at any time before the termination of the Scheme, the use of the Card is cancelled, withdrawn or invalidated or is liable to be cancelled, or the Card Account is termed as a Delinquent Account, all reward point then standing to the credit of the CardMember shall ipso facto stand immediately and automatically cancelled. These reward points shall not be credited to the Card Account even if the membership is reinstated. The Bank expressly reserves the right, at any time and without prior notice to the CardMember, to add to and / or alter, modify, change or vary all or part of the Scheme or withdraw the Scheme altogether.
23. To protect the interest of the CardMember or the Bank, the CardMember's card account will be blocked in the event the Bank perceives any credit or fraud risk.
24. The Applicant/CardMember authorises the Bank or its authorised agencies to contact him / her any time and using any means of communication including but not limited to telephone, mobile, through references or through visitations, as the Bank shall deem fit and necessary in this regard, if the Bank is required to inform / confirm / follow up / verify for any reason whatsoever, for any account / application related matter.
25. The Applicant/CardMember authorises the Bank to make use of the information provided in the application form (or authorised changes made thereafter) to inform Applicant/CardMember of various schemes, products and services, that the Bank (or its agencies/partners) may run from time to time. For this purpose, the Applicant/CardMember consents to the Bank or its authorised agencies to contact him / her any time and using any means of communication including but not limited to telephone, mobile, through references or through visitations, as the Bank shall deem fit and necessary in this regard.
26. Jurisdiction for Dispute and Settlement: These Rules and Regulations shall be governed and construed in accordance with the Laws of India. All disputes are subject to the exclusive jurisdiction of court at Bangalore only. |