Credit Card Agreement
Unless otherwise defined in this Agreement:
“Company” means Krungsriayudhya Card Company Limited.
“Card” means the credit card issued by the Company to the cardholder (Primary Card) and to the person designated by the cardholder (Supplementary Card).
“Cardholder” means the person approved by the company to be a member of the Company and is entitled to use the Card and to whom the Company has delivered the Card as the Primary and Supplementary Cardholder.
Before activating, signing the name on the Card and/or using of the Card, please read carefully the terms and conditions of this Agreement and make sure that such terms and conditions are thoroughly understood. By signing the Cardholder’s name on the Card, activating the Card and/or utilization the Card, it shall be deemed to constitute acceptance of such terms and conditions be the Cardholder and will bind the Cardholder.
1. The Cardholder’s Rights and Obligations
1.1 The Card is issued for use only by the Cardholder while the ownership thereof belongs to the Company. The Cardholder shall not, in any case, transfer its right under this Agreement to any person, nor permit any person to use and/or sign the name on the Cardholder’s behalf. The Cardholder shall sign his/her name in the space provided on the back of the Card immediately after receiving the Card. Once the Card is signed and/or used, it shall be deemed that the Cardholder agrees to be bound by and to comply with terms and conditions of this Agreement.
1.2 The Cardholder can use the Card within the credit limit approved by the Company for (a) cash advance withdrawal or (b) for payment of goods, services and/or any other fees at the shop, the place that displays the sign of the Card or (c) transaction made through various channel e.g. website, telephone, mail order or ATM. The company reserves its rights to disapprove or not to account for the credit line incurred by the use of the Card in violation of Clause 2.1 hereof. By entering/doing any transaction (including the direct debit for any utility through the Card) made by the Cardholder, the Cardholder agrees that any terms and conditions related to the specific transaction (if any), whether or not sign by the Cardholder, shall constitutes be form part of this Agreement and the Cardholder shall be bound by such terms and conditions.
1.3 In the event that the Cardholder uses the Card over the credit limit with approval from the Company, it shall not be deemed that the Company has permanently increased the credit line for the Cardholder. In this case, the Cardholder cannot make minimum payment in accordance with Clause 3.1, and shall pay such excess amount to the Company in full.
1.4 Once the Company has approved and issued the Supplementary Card to the Primary Cardholder, the Primary Cardholder shall be liable to pay to the Company all expenses (including, but not limited to, interest, charge and fee) incurred from or as a result of the issuance and/or the use of the Supplementary Card notwithstanding any legal limitation, disability or incapacity of the Supplementary Cardholder and shall not use such reason as an execution for not being liable for any of its obligations. The Primary Cardholder agrees that the use of Card by the Supplementary Cardholder is done under the account of the Primary Cardholder and the Primary Cardholder shall, in any case, not refuse any debt incurred from the use of Card by the Supplementary Cardholder. Additionally, the Supplementary Cardholder shall be jointly liable with the Primary Cardholder to the Company for the payment of the goods and/ or services arising from the use of the Card as well as interest, penalties and other fees. In a case where the Company demands payment from the Primary Cardholder and/or any of the Supplementary Cardholders, this shall not, in anyway, prejudice and the rights of the Company to demand for payment from the other Cardholders until the outstanding debts have been paid in full.
1.5 The Cardholder can use the Card to withdraw cash advance by either of (i) making utilization request via telephone pursuant to clause 5 hereof (ii) withdrawal cash through VISA/MASTERCARD network through the counter having the sign of VISA/MASTERCARD and/or (iii) withdrawal cash from the automatic teller machines (ATM) or electronic machines of a financial institution that displays the sign VISA/MASTERCARD/CIRRUS/ATM Pool or at any automatic teller machines installed by the Company pursuant to Clause 6 hereof.
(a) The Cardholder agrees to comply with the conditions provided herein and agrees to accept any change to be made from time to time.
(b) In relation to the transaction made via telephone or ATM, the Company shall provide the Cardholder personal identification number (PIN) (which can be changed by the Cardholder) for cash advance withdrawal which is subject to the withdrawal amount limit and frequency. The Cardholder shall keep such PIN Number confidential and shall not let the PIN Number known by any person.
(c) The cash withdrawal, from whatsoever mean, if made by Cardholder shall be deemed completely made and be bound by the Cardholder.
(d) The Cardholder agrees that the Company may charge the fees for cash withdrawal at the rate specified by the Company, which such rate shall not exceed the maximum rate allowed by laws. The Cardholder can use the Card for cash advance withdrawal in the amount of cash not exceeding the remaining credit limit and each withdrawal shall be no less than Baht 1,000. For the cash advance withdrawal at the counter having the sign of VISA/MASTERCARD, the amount of cash advance can be withdrawn shall be as specified by the relevant service provider.
1.6 In addition to Clause 2.2, the Cardholder agrees that the credit line (including cash advance line) of the Card can be adjusted (increasing/decreasing) at any time pursuant to the Company’s policy, where the Company reserves the rights to increase or decrease the credit line and/or cash advance line (including cancel cash advance line) subjected to the Cardholder’s qualification, Card usage behavior, payment history and/or year of membership. The Cardholder can check for the current credit line with Company’s customer service.
1.7 By using the Card under this Agreement, the Cardholder shall present the Card to the salesperson of the merchant and sign in the document (Sale Slip) or on the Electronic Sign Pad or other devices as an evidence of the use of the Card. The Cardholder can request for a receipt, however, such receipt cannot be used as evidence of payment to the company and shall not relief the Cardholder’s obligation to make payment of the debt to the Company.
1.8 If the Cardholder makes the purchase order by using the Card to pay for goods or services by the disclosing the Card’s number either verbally or in writing to the seller or service provider and instruct them to collect the payment from the Company, the Cardholder hereby agrees to comply with the following :
(a) In the event that the Cardholder notifies the Company that he/she has not made the purchase order or has not requested for service or where the payment has already been collected, the Company shall refund such amount to the Cardholder. If the Company can prove that it the Cardholder’s own act, the Company shall have the right to collect the payment from the Cardholder in due course where the Cardholder shall be responsible for any interest and/or fee incurred during that period.
(b) The Company shall not deprive the Cardholder of right to cancel the purchase of goods or request for the service within the 45 days as from the date of purchase order or request for service or within a period of 30 days from the due date for delivery of goods or service. In case the due date for the delivery of goods and services is prescribed in writing, if the Cardholder can prove that he/she has not made such purchase order or request the service, or that he/she has not obtained the goods within the prescribed time, or the goods or service is defective or does not otherwise satisfy the purpose for which it was provided, the Company shall suspend the collection of payment from the Cardholder. If such transaction has been made domestically and the collection of payment has been made, the company shall make a refund to the Cardholder within 30 days as from the date notification of the Cardholder. If such transaction has been made abroad, the Company shall make a refund to the Cardholder within 60 days as from the date of the notification of the Cardholder.
1.9 The Cardholder shall pay the debt arising from the use of the Card at the rate and method as agreed with the Company. The Company will prepare the monthly billing statement (which may be in the form of electronic billing statement), and will send the monthly billing statement to the Cardholder by mail or electronic mail and/or inform the Cardholder to check from the Company’s website at least 10 days prior to the payment due date. The Cardholder agrees to make the payment of goods, services, or other debt arising from the use of Card by the Primary Cardholder and/or the Supplementary Cardholder including other fees within the due date as specified in the billing statement. The minimum payment specified in the billing statement shall be the minimum amount that the Cardholder shall pay to the Company in each month. If the Cardholder is of opinion that the statement received is incorrect or whatsoever either part or in whole, the Cardholder shall :
(a) Inform the Company within 10 days as from the date of the receipt of the billing statement and/or the date on which the Company inform the Cardholder to check the billing statement from its website, in determining the due date, the Company shall investigate the exact date and time of the billing statement to the deliverer and the work procedure of the deliverer;
(b) If the billing statement has been verified to be correct by the Company, the Cardholder shall prove that the description and the amount of the transaction specified in the statement is incorrect, and such incorrect transaction does not arise from the Cardholder’s fault or mistake. In this case, the Cardholder shall dispute within a period of 60 days as from the date receipt of the state from the Company. If the Cardholder requests a copy of the billing statement or a copy of the sales slip in order to examine the transaction incurred from the use of the Card, the Cardholder agrees to pay the fee the rate specified by the Company.
If the Cardholder requests a copy of the billing statement or a copy of the sales slip in order to examine the transaction incurred from the use of the Card, the Cardholder agrees to pay the fee at the rate specified by the Company.
1.10 The Cardholder agrees and accepts that any transaction made under the Card (including, but not limited to, a cash withdrawal) in any foreign currency shall be charged to the Cardholder in Thai Baht at the exchange rate being charged to the Company by the relevant credit card company as of the date on which such amount is charged to the Company. If the transaction amount is not in the US Dollar currency, such amount shall be converted into the US Dollar before converting into Thai Baht.
The Cardholder can check for the exchange rate for preliminarily reference from : http://corporate.visa.com/pd/consumer_services/consumer_ex_rates.jsp In addition, the Cardholder agrees and accepts that the hedging premium at the rate not exceed 2.0% of the spending amount shall be charged by the Company to protect for the risk incurred from such currency conversion.
1.11 If the Card is lost or stolen, or is used by other person (whether through the use of the Card or not), the Cardholder must immediately notify the Company to suspend the use of the Card and cancel the relevant PIN Number. The Company shall suspend the use of the Card within 5 minutes from the time of such notification where the Company will be responsible for any amount incurred during 24 hours prior to the time of such notification in the amount not exceeding Baht 50,000. The Company will transfer the actual amount to the Cardholder via the Cardholder’s Credit Card account within 45 days from the date the aforementioned notice has been sent to the Company. In the absence of such notification from the Cardholder and the Card is used by other person or dishonestly notify and/or the loss is occurred by the Cardholder’s negligence, the Cardholder shall be responsible for all incurred debts. In the case of cash advance withdrawal, the Cardholder agrees to repay to the Company together with the cash advance fees until the time of such aforementioned notification and the Company has suspended the use of the Card. The Cardholder shall be liable for any debts occurred before such notification (including, but not limited to, the cash advance fees). However, after the Company later inspects and proves that any incurred debt (either prior to or post notification) is due to the act of the Cardholder or the Cardholder is related to the occurrence of such debt, the Cardholder agrees to be responsible for all of such debts. If the Cardholder request the Company to issue a Card replacement, the Cardholder shall be responsible for any expense and debt incurred from the use of the Card (for the amount responsible by the Cardholder). In addition, the Cardholder agrees to pay a card replacement fee for the issuance of a new card at the rate announced by the Company. If the Cardholder retrieves the lost Card after notifying the Company, the Cardholder shall cut the retrieved Card in half to prevent further use of the Card.
1.12 The Cardholder hereby gives consent to the Company, the credit bureau company and any credit data company to which the Company is a member to disclose his/her private data and/or credit data and/or other data stated in the application or in any communication recorded or kept at the Company, the credit bureau company, credit data company, bank, financial institution, and other juristic person that is the member of the credit bureau company, credit data company and subsidiaries of the Company and also consents to the transfer of data abroad including but not limited to Australia and India. Such disclosure of information shall be for the purpose of credit review, credit support or credit analysis of the Cardholder regardless of whether the Cardholder has terminated the account or cancelled the service of the Company. Such disclosure of information shall be used for the purpose of credit analysis or other purposes as stipulated by law and the Cardholder agrees and allows the Company to use the result of the credit analysis for determination whether the qualification of the Cardholder falls under Clause 2.2 or not.
1.13 The Cardholder consents to the disclosure or exchange of data of the Cardholder given to the Company both in the application or in any communication recorded or kept at the Company’s subsidiaries or other persons including the use of the Cardholder’s telephone number, mobile phone number, e-mail address and/or pager number for any communication between the Company and the Cardholder, for sending billing or credit bureau information to the Cardholder via the internet or computer, for sending message or information related to the credit application and news, and offering various services, products or the operation of affiliates’ business, and informing the amount of debt due (if any). The Cardholder shall immediately inform the Company if there is any change of such address or detail. With respect to the collection of debt due (if any), The Cardholder acknowledges and agrees that the Company will appoint the third parties to do the collection for benefit and on behalf of the Company or the Company may do the collection by itself. The Cardholder hereby gives consent to the company and/or its representative in contacting any person related to the Cardholder for such collection in a necessary case or in a case where the company cannot contact the Cardholder and also agree that the company and/or its representative can disclose any information related to the Cardholder’s debt due to such aforementioned person including accepting of any payment or settlement of due debt made by such person as appropriate for the benefit of the Cardholder’s debt collection. The Cardholder agrees that this consent shall be continuous and remain valid although the Card has been terminated.
1.14 The Cardholder shall immediately notify the Company of the change of the Cardholder’s first name, last name, occupation, home address, and other details.
1.15 If the Company does not notify the cancellation, suspense or decline the use of the Card in accordance with Clause 2.2 hereunder, the Cardholder can use the Card until the expiry date printed on the face of the Card. The renewal of the Card shall be done pursuant to the Company’s policy whereby the company reserves the rights not to renew the Card to any Cardholder whose qualification is not meet the Company’s policy. In the event that the company considers extending the expiry date of the Card, the Cardholder agrees to accept such extension by activating such Card as per the method informed by the Company. If the Card is not renewed, all rights of the Cardholder shall be discharged but the Cardholder is still liable to pay for any outstanding debts under the Card and/or this Agreement (if any) to the Company until all outstanding debts have been paid in full.
1.16 The Cardholder may terminate the use of the Card at any time by (i) informing the Company and/or (ii) cutting the Card in half and sending back to the Company where the Cardholder can ask for refund of the annual fee in proportion to the unused period. Such refund of annual fee shall be done within 1 year from the date the Card is terminated or cancelled by the Cardholder.
1.17 The Cardholder hereby agrees that the Company shall deduct the Cardholder payment in the order as specified under the credit card billing statement.
2. The Company’s rights and obligations
2.1 The Company shall not be responsible in the event that the Card is not accepted by any financial institution, shop or place of service and shall not be liable for any agreement in relation to the sale of goods or services made by the Cardholder with such shop or place of service. The Cardholder agrees that the Company has rights to terminate the Card in a case where the Card is used for any payment if its objective is expressly prohibited by law or is impossible or is contrary to public order or good morals including the use of Card for any commercial purpose or the use of the Card with inappropriate behavior.
2.2 The company reserves its right to reduce credit line, not renewal the Card, suspend the use of the Card and/or to cancel or revoke the rights of the Cardholder (both Primary Card and/or Supplementary Card) upon the occurrence of any of the following event of default or event of termination. In this regard, the Company shall notify the Cardholder of the suspension or revocation and such notification shall take effect immediately. Notwithstanding the suspension or termination of the Card, the Cardholder shall be liable to pay the outstanding amount to the Company within the period as specified in the suspension or revocation notification.
(a) The Cardholder has given false statement when applying for membership regardless of whether such false statement had appeared to or had been acknowledged by the Company prior to or after the issuance of the Card to the Cardholder;
(b) The Cardholder does not comply with any of the terms and conditions hereof;
(c) The Cardholder fails to make payment when due to the Company or any person or fails to make payment when due to the Company for at least 2 times (whether consecutive or not) within 6 months;
(d) There occurs change in financial status or income sources of the Cardholder (or the Cardholder has total debts or credit lines with the Company or other financial institution higher than his/her income) and the Company has considered that the Cardholder does not have ability to repay the debts incurred from the use of the Card or there is a circumstance which has a material adverse effect to the Cardholder’s ability to repay debts;
(e) The Company considers that the Cardholder uses the Card for any purpose difference from the purpose of the Card specified herein and/or has inappropriate behavior for the use of the Card and/or has inappropriate qualification to be a Cardholder including the use of the Card for business purpose, with fraudulent purpose , for any illegal purpose (including, but not limited to, creating and using falsified documents for applying the Card and/or any activities considering as conducting money laundering), or for any purpose that is impossible or in contrary to the good public order or good moral;
(f) There is a case made against the Cardholder in the civil case, bankruptcy case or criminal case, or there is an order by the relevant authorities to cease the Cardholder’s asset, or the Cardholder commits or is suspected to commit any fraud to the Company and/or other financial institution;
(g) The Cardholder is death, deceased, disappeared, or incapacitated or is quasi-incapacitated, or is adjudicated to be bankrupt as the case may be;
(h) The Cardholder fails to provide his/her income proof as required by the Bank of Thailand or any other related government agency within the specified period;
(i) There is a change in law, ministerial regulation, and/or notification of relevant authority which significantly affects the business of the Company and/or the service provided by the Company in accordance with the terms of Agreement and the company decides to terminate the credit card service under this Agreement;
(j) In the event where there is no outstanding debt, no transaction made through the Card, no account movement, no contact with the Company, and/or the Company cannot contact the Cardholder (as applicable) for at least 12 consecutive months.
(k) Any other event as notified by the Company from time to time.
If the Primary Card is suspended or terminated (or not renewed), all Supplementary Cards shall be suspended or terminated immediately with the suspension or termination of the Primary Card.
2.3 During the occurrence of any event of default or event of termination (in addition to the rights to reduce credit line, not renew the Card, suspend the use of the Card and/or to cancel or revoke the rights of the Cardholder upon the occurrence of events under Clause 2.2), the Company reserves the rights to cancel any benefit or privilege providing to the Cardholder including but not limited to cancel the special Credit Usage Fee applied to the Cardholder. In this regard, the Company will adjust such special Credit Usage Fee to be at the normal rate applied to the Card (at the time of this Agreement, interest rate 15% per annum and Credit Usage Charge 5% per annum) until such event of default or event of termination has been cured or resolved. By changing such Credit Usage Fee rate pursuant to this paragraph, it shall not be deemed as interest rate/credit usage charge adjustment which requires the prior notice.
2.4 The Company may transfer its rights, obligations and benefits pursuant to this Agreement whether in whole or in part to the third party without obtaining consent from the Cardholder. In such case, the Company shall notify the Cardholder in writing
2.5 The Company shall have the right to change the payment cycle of the Cardholder by sending not less than 30 days written notice to the Cardholder and it shall be deemed that the debt incurred from the use of the Card shall become due as specified in billing statement.
2.6 The Company reserves the right to amend the terms and conditions on the Credit Usage, interest rate, charges, fees and any service fees, whether in whole or in part. The Company will notify the Applicant and/or the Cardholder by affixing the announcement at the office or branches of the Company or through www.krungsricard.com at least 30 days in advance of the effective date of such amendment. However, in an emergency case, the Company will notify the Applicant and/or the Cardholder by post or publishing in a daily Thai language newspaper at least 7 days in advance, follows by a written notice. The amendment shall be deemed a part of these terms and conditions and the Applicant and/or the Cardholder agree to be bound by the notified new terms and conditions without requiring to produce any document to the Company.
2.7 No failure to exercise, nor any delay in exercising, on the part of the Company, any right or remedy under the laws or this Agreement shall operate as a waiver, nor shall any single or partial exercise of any right or remedy prevent any further or other exercise or the exercise of any other right or remedy.
3. The Card’s Fees
The Cardholder agrees that the Company can charge the following fees
3.1 When the Cardholder uses the Card for cash advance or payment of goods or services, the Cardholder agrees to repay to the Company together with other fees (if any) an amount being not less than 10% of the outstanding amount or not less than minimum amount announced by the Company whichever is greater.
3.2 In case the Cardholder cannot make his/her payment as shown in the billing statement in full within the payment due date, it shall be deemed that the Cardholder requests for the extension of the remaining outstanding and agrees to pay (a) interest and credit usage charge of the total outstanding calculating from the posting date or the cash receiving date (as the case may be) until the partial payment date and (b) interest and credit usage charge of the remaining outstanding. The rate of interest and credit usage charge shall be determined by the Company, but shall not exceed the highest rate the Company is entitled to charge from the Cardholder in accordance with the applicable law (for the reference purpose, as of the date of this Agreement, the interest rate is at 15% per annum and the credit usage charge is at 5% per annum) and shall be calculated from the date that the Company made the payment to the merchants until all the outstanding amount has been paid in full. The interest and credit usage charge are altogether referred to as “Credit Usage Fee”.
3.3 In a case where the Cardholder makes any transaction having the payment as installment (whether card usage or cash advance transaction), the Cardholder agrees and acknowledges that the installment amount to be payable in each installment as informed by the Company is calculated by using the flat rate method for ease calculation to determine the amount of each installment. If the Cardholder makes any payment greater or less than the pre-determined amount and/or not makes a payment on time, the amount to be paid in the final installment (whether increase or decrease as the case may be) without having effect to the amount to be paid in other installment (rather than the final installment) and/or the number of installment may be reduced as the Company will apply the effective rate method for all actual payment made by the Cardholder.
3.4 In the case where the Cardholder gets the special Credit Usage Fee lower than the normal rate as specified in Clause 3.2 from any installment transaction whether by ways of (i) installment from payments for goods/services and/or cash withdrawal transaction and/or (ii) installment from balance transfer transaction, if the Cardholder wants to repay all of the outstanding amounts in whole before the agreed period, the Company reserves the rights to adjust such special Credit Usage Fee granted to be the normal Credit Usage Fee rate as allowed by the applicable laws where the amounts of the Credit Usage Fee to be paid by the Cardholder shall be in the aggregate of:
(1) The amount of interest and credit usage charge at the maximum rate allowed by the applicable laws calculated on the total principal amount utilized by the Cardholder from the posting date or the cash receiving date (as the case may be) to the actual date the repayment has been made in full; minus with
(2) The total amount of interest and credit usage charge that the Cardholder has already paid to the Company since the first installment to the day before the day on which the repayment has been actually made in full; provided, always, that: the total amount of interest and credit usage charge to be paid by the Cardholder shall not exceed the maximum rate allowed by the application laws.
3.5 If the Cardholder made the payment by a bank cheque where such cheque has been refused to be paid by the bank, the Cardholder agrees to pay the cheque return fee at the rate as specified by the Company but not exceeding the highest rate the Company is entitled to charge as allowed by the applicable laws.
3.6 the Cardholder agrees to pay any fees related to the use of the Card as specified in the application (or from time to time informed by the Company) to the Company whereby such fees, in any case, shall be the rate as allowed by the Bank of Thailand.
3.7 In addition to the fees in Clause 3.6, if, by using the card for goods/services including cash withdrawal, there is any fee charged by the relevant/service provider through the Card account, the Cardholder agrees that he/she is aware of such fees and agrees to be responsible for such fees.
3.8 If The Cardholder has been asked to pay for the debt incurred from the use of the use of the Card, the Cardholder must be liable to pay such expenses to the Company in full which includes legal expenses in litigation, attorney fee, and other expenses incurred to the Company in relation to the enforcement for any payment under this Agreement.
4. Terms and Conditions for Installment Payment of Goods or Services
Unless agreed otherwise, these Terms and Conditions are governing the Cardholder who uses the Card for installment payment of goods and/or services, and shall be constitutes as part of this Agreement.
4.1 The Applicant and/or the Cardholder can use the Card for installment payment of goods or services from the relevant shops or service providers pursuant to the following terms and conditions :
(a) The minimum price of goods and/or services shall not be less than the price specified by the Company and/or the relevant shops/services providers ;
(b) The Company will charge the processing fee for certain types of goods (if any) and/or the Credit Usage Fee to be determined in accordance with the agreed period and conditions. The price of goods plus the aforementioned fee and charge shall be the total amount to be paid;
(c) The Applicant and/or the Cardholder agrees to make the payment in installments as agreed with the Company and/or the merchant, where the number of installments and/or the final installment amount may be changed based on the timing of payment and the actual amount of payment made by the Applicant and/or the Cardholder in each installment;
(d) When purchasing a goods/service, the Applicant and/or the Cardholder shall sign in the document or sign on the Electronic Sign Pad or other devices stipulated by the Company to reaffirm of such purchasing by utilizing the facility under this Agreement;
(e) The Applicant and/or the Cardholder agrees that the Company shall pay for the price of the goods/services to the relevant shops/service providers on behalf of the Applicant and/or the Cardholder, and upon such payment has been made to the relevant shops/service provider it shall be considered that the Applicant and/or the Cardholder has completely received such loan from the Company. The evidence of payment made to the relevant shops/service providers shall be used as receipt evidencing the loan utilized by the Applicant and/or the Cardholder.
4.2 The Applicant and/or the Cardholder shall present the Card to the salesperson of the merchant and sign in the document (Sales Slip) or on the Electronic Sign Pad or on other equipments instead of cash.
4.3 Subject to Clause 3.3, in a case the Cardholder wishes to prepay all remaining installment amount, the Cardholder must inform the Company not less than 1 billing cycle and shall be responsible for all remaining principal and interest and/or Credit Usage Charge accrued thereon.
4.4 The Company shall not be held liable for any defect or damage or damage of the goods purchased by the use of the Card. For the request of change or return of such goods, the Cardholder hereby agrees to follow the instructions and/or conditions set forth by each shop or operators.
4.5 The Cardholder may choose to do the installment payment of goods/services via the telephone pursuant to the conditions specified by the Company. Unless otherwise specified, the Cardholder agrees that the provision of Clauses 4 and 5 of this Agreement shall apply to such installment payment transaction made through telephone as application
5. Terms and Conditions for Transaction made through a telephone
5.1 The Cardholder can use his/her personal identification number (PIN Number), which is issued by the Company or which is changed later by the Cardholder, for any services or transactions to be made through the Company’s automatic telephone system. The Cardholder shall keep such PIN Number confidential and shall not let the PIN Number known by any person. The PIN Number may be changed by the Cardholder without informing the Company.
5.2 The Cardholder agrees to be liable for any acts committing through the automatic telephone system by using the PIN Number and/or through the officer of the Company via telephone (where the personal information of the Cardholder will be verified) including, but not limited to, the utilization of cash advance or the change of personal information. If such transaction has been made, the Cardholder agrees to be bound by such transaction where such transaction cannot be revoked except the confirmation of such revocation has been made in writing. Any Transaction made through a telephone system shall be valid and binding both Primary Cardholder and Supplementary Cardholder.
5.3 The Cardholder agree that any manual, guideline, terms and conditions, and any other document related to the telephone service which the Company has provided or to the Cardholder shall be constituted as part of this Agreement.
5.4 The Cardholder agrees to pay any fees incurred from the use of the telephone service (if any) on the time and at the rate specified by the Company. The Company reserves the rights to adjust such rate by giving 30 days prior notice to the Cardholder.
5.5 The Cardholder agrees and acknowledges that any transaction made through the telephone system (including any communication made with the Company via telephone) may be recorded for monitoring or using as evidence, and the Cardholder agrees that such record can be used as evidence by the Company without any further consent of the Cardholder.
6. Terms and Condition for ATM
6.1 The Cardholder can use the Card to withdraw cash advance from the automatic teller machines (ATM) or electronic machines of a financial institution whether domestic or international. The Cardholder shall use the personal identification number (PIN), issued by the Company or as changed by the Cardholder, for cash advance withdrawal. The Cardholder shall keep such PIN Number confidential and shall not let the PIN Number known by any person. The PIN Number may be changed by the Cardholder without informing the Company.
6.2 The number of transaction made and the amount of cash to be withdrawn shall be subjected to the conditions of the Company. In a case where the Cardholder input the wrong PIN Number exceeding the times limited by the ATM service provider, such Card will be blocked and cannot be used unless and until the Cardholder contact the Company.
6.3 By using the Card for withdrawal cash advance, the Cardholder agrees to be bound by the terms and conditions of this Agreement and agrees that: (i) the statement and/or (ii) the information/data the Company received from the financial institution who is the owner of the relevant ATM are the evidence of receipt that the Cardholder has received cash from the Company under this Agreement.
6.4 By doing transaction via ATM, there might be an associated fees charged by the financial institution who owns/operates such ATM where such fee is not related/charged by the Company. The Cardholder, thus, should study for such associated fees (if any) before doing a transaction, and it shall be considered that the Cardholder acknowledges and accepts to such fees when doing the transaction. In this regard, the Company agrees to pay any fees incurred from the use of the Card via the ATM on the time and at the rate specified by the Company.
7. Terms and Conditions for Website
7.1 The Cardholder can do some transaction via the Company’s website (as available at such time) by register with the Company’s website. After registration, the Cardholder will get password to access to the website.
7.2 The Cardholder agrees that in acquiring any transaction and/or service through the website the Cardholder shall be bound by the terms and conditions related to the use of such website and such transaction/service shall be valid and binding the Cardholder without any written document to be signed by the Cardholder.
7.3 The Cardholder agrees and acknowledges that any transaction/service made through the website may be recorded for monitoring or using as evidence, and the Cardholder agrees that such record can be used as evidence by the Company without any further consent of the Cardholder.
8. Terms and Conditions for Redemption Program and Benefits
8.1 The Cardholder agrees and acknowledges that the Company may, from time to time, hold the redemption program, benefit or any marketing campaign pursuant to the terms and conditions thereof as specified or to be specified by the Company. The Cardholder agrees that such terms and condition shall be constituted as part of this Agreement.
8.2 The Cardholder agrees that, in addition to the terms and conditions of each redemption program, benefit or marketing campaign, the Company reserves the rights to provide any promotion, privilege, bonus point or gift under such redemption program, benefit or marketing campaign only to the Cardholder who has good payment history, whose account is in good status and is not suspended or terminated, and/or who does not breach any terms and conditions of this Agreement.
This Agreement is governed by and construed in accordance with the laws of Thailand. In a case where this Agreement is made in both Thai and English languages, the Thai language version of this Agreement shall prevail in respect of the construction and interpretation hereof in the event of discrepancy and inconsistency.