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 Cardholder and Supplementary Cardholder.
Before activating, signing the back, and using the Card, the Cardholder shall thoroughly read through all terms and conditions stipulated in this Credit Card Agreement since any one of the abovementioned actions shall be deemed to constitute acceptance of all terms and conditions stipulated herein.
1. The Cardholder’s Rights and Obligations
1.1 The Card is issued for use only by the Cardholder while the ownership there of 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 the terms and conditions stated herein in all cases.
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) any transaction made through various channels e.g. website, online program provided by the Company, telephone, mail order or ATM or any other channels provided by the Company. The Company reserves its rights to disapprove or not to account for the credit line arising out of non-compliance of utilization objectives or incurred by the use of the Card in violation of Clause 2.1 hereof. By entering/making 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 it is signed by the Cardholder, shall constitutes and form part of this Agreement and the Cardholder shall be bound by such terms and conditions in all cases.
1.3 In the event that the Cardholder exceeds the credit limit with temporary approval from the Company, such approval shall not be deemed the permanent credit line increased. The Cardholder will be liable for payment of the excess amount in accordance with terms and conditions specified by the Company.
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 any way, prejudice 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 (i) transaction via telephone system pursuant to Clause 5 hereof, (ii) withdrawal cash through VISA/MASTERCARD/JCB network through the counter having the sign of VISA/MASTERCARD/JCB and/or (iii) withdrawal cash from the automatic teller machines (ATM) or electronic machines of a financial institution that displays the sign VISA/PLUS/MASTERCARD/CIRRUS/ATM POOL/JCB 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 or any other channels, the Cardholder can set Personal Identification Number (PIN) by himself/herself with procedures determines by the Company for cash advance withdrawal which is subject to the withdrawal amount limit and frequency. The PIN can be changed thereafter and shall be kept in strictest confidence
(c) The cash withdrawal, from whatsoever mean, if made by the Cardholder shall be deemed completely made and be bound by the Cardholder.
(d) The Cardholder agrees that the Company may impose fees for cash withdrawal at the rate stipulated and announced from time to time by the Company, and as allowed by laws being applicable at that time. The Cardholder can use the Card for cash advance withdrawal in the amount 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/JCB, 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 then current credit line with the Company’s customer service.
1.7 By using the Card for payments instead of cash, the Cardholder shall present the Card to salesperson of the merchant and sign in the document evidencing the purchase of goods or service (Sales Slip) or any other device for evidence of use of the Card unless the Company or merchant specifically stipulates that a signature is not required for the Sales Slip or other device (as the case may be). In any case, the Cardholder agrees that the use of the Card is completed. The Cardholder may request for a receipt, however, such receipt is not considered as evidence of payment to the Company and shall not relief the Cardholder’s obligation to make payment of the debt to the Company in full.
1.8 If the Cardholder makes purchase order by using the Card to pay for goods or services by 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) If the purchase is made via an online or internet network channel, the Cardholder agrees and accepts the completed transaction providing that he or she completes the form and correctly follows the purchasing procedure as shown on the website. However, if the Cardholder can prove that he or she has not made such purchase order, and the payment has already been made, the Company shall refund such amount to the Cardholder by means specified by the Company;
(b) If a transaction is made via other channels other than Section 1.8(1), the Cardholder is entitled to cancel the purchase of goods or request for the service within 45 days from the date of purchase of goods or request for the service was made 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 service 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 of the 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 debts 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 hard copy or electronic form), and will deliver to the Cardholder by postal mail or electronic mail and/or inform the Cardholder to check from the Company’s website or the Company’s Program and/or any other channels provided by the Company 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 in 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 or the Company’s Program and/or any other channels provided by the Company, in determining the due date, the Company shall investigate the exact date and time of delivery of the billing statement to the deliverer and the work procedure of the delivery service provider;
(b) if the Company verifies and resolves that the billing statement is correct, 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 of receipt of the statement 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 at 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 via 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: VISA: http://corporate.visa.com/pd/consumer_services/consumer_ex_rates.jsp MASTERCARD: http://www.mastercard.com/us/personal/en/cardholderservices/currencyconversion/index.html JCB: http://www.jcb.jb/rate/usd.html In addition, the Cardholder agrees and accepts that the currency conversion risk premium at the rate not exceed 2.5% 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, or a transaction is made via the Card by other person (whether the Card is used 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. In the absence of such notification from the Cardholder, the Cardholder shall be liable for any debts (including, but not limited to, the cash advance fees), all costs and expenses pertinent to all transactions together with interest and fees at the maximum rates announced by the Company. However, subject to certain type of the card, the Cardholder may be entitled to be protected under card loss policy. Details of terms and conditions of the card loss policy can be found in the Benefit Book or the Company’s website or other channels provided by the Company. Nevertheless, upon the due investigation, in case the Company finds that any debt incurred after such notification is incurred by the act of the Cardholder or the Cardholder has participated in the occurrence of such debt, the Cardholder agrees to be responsible for all of such debts. 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 subsequently 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 give consent to the Company, the credit bureau company, or any other credit data companies to which the Company is a member to verify or disclose his/her personal information and/or credit information and/or other information stated in the application form or any communication method with the Company, the credit bureau company, other 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. Nonetheless, 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 credit analysis for determination whether the qualification of the Cardholder falls under Clause 2.2 or not.
1.13 The Cardholder consents to the Company to disclose or exchange his/her data provided to the Company in the application or in any other communication channels, including, any other information, to/with any entities being in the group of which the Company is part and other persons/juristic persons. In addition, the Cardholder consents to the Company’s use of the Cardholder’s telephone number, mobile phone number, e-mail address and/or pager number and/or any other contacts of the Cardholder for any communication or delivery of the billing statement or delivery of data or documents related to credit information to the Cardholder via an internet communication system or computer. The Company may also use such data for the offering of products or services deemed beneficial to the Cardholder, or credit review, including, informing the amount of debt due (if any). In the latter case, the Company shall be entitled to disclose the amount of debt due. 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, office address, home address and other details. In this regard, any information or documents sent to the Cardholder by using the address, office address, mobile phone number and/or other contact channels provided by the Cardholder shall be considered that the message has been lawfully delivered to the Cardholder.
1.15 If the Company does not notify the Cardholder of any cancellation, recall or suspension of 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 the right to terminate the Card in a case where the Card is used for any payment of which its objective is expressly prohibited by law or is impossible to execute or is in violation of peace, order or public morality. This includes the use of the Card for any commercial purpose or any other inappropriate manner.
2.2. The Company reserves its rights to decrease the credit line, consider not to renewing 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) at any time 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. Event of default or event of termination shall include the following:
(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 other person, or fails to make payment when due to the Company for at least 2 payment cycles (whether consecutive or not) or more within a period of 6 months;
(d) There are changes in the Cardholder’s financial status or income sources (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 the debt;
(e) The Company considers that the Cardholder uses the Card for other 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, counterfeit and the use of falsified documents for applying the Card and/or any activities considering as conducting money laundering), or for any purpose that is impossible or in violation of peace, order or public morality;
(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(s);
(g) The Cardholder is 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 relevant government agency within the period specified by the Company;
(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 provision of its services in accordance with the terms of this Agreement, or 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 or any other period as determined by the Company.
(k) Any other event as may be notified by the Company from time to time. If the Primary Card is suspended or terminated (or not renewed), all Supplementary Card(s) shall be suspended or terminated immediately with the suspension or termination of the Primary Card.
2.3. In case of the occurrence of any event of default or event of termination (in addition to the righs to decrease the credit line, not to 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 provided to the Cardholder including but not limited to cancellation of the Special Credit Usage Fee applied to the Cardholder. In this regard, the Company reserves its right to adjust such Special Credit Usage Fee to be at the normal rate the Company is entitled to impose at that time, until such event of default or event of termination has been cured or resolved. By adjusting such Special 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 stated herein, whether in whole or in part, to the third party without any 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 notifying the Cardholder not less than 30 days in advance and it shall be deemed that the debts incurred from the use of the Card shall become due by the date specified in the billing statement, which is not considered as novation.
2.6. The Company reserves the right to amend the terms and conditions on the Card Usage, interest rate, charges, fees and any service fees, whether in whole or in part. The Company will notify the Cardholder by affixing the announcement at the office or branches of the Company or through www.krungsricard.com at least thirty (30) days in advance before the effective date of such amendment. However, in case of emergency, the Company will notify the Cardholder by postal mail, electronic mail or post an announcement on its website or publishing in a daily Thai language newspaper at least seven (7) days in advance, and will subsequently notify the Cardholder in writing. Such amendment shall be deemed a part of these terms and conditions and the Applicant and/or the Cardholder agree to be bound by these 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. Card Usage Fees
The Cardholder agrees that the Company shall be entitled to charge the following fees
3.1. When the Cardholder uses the Card for cash advance withdrawal or payment of goods or services, the Cardholder agrees to repay to the Company together with other fees (if any). The minimum payment for each cycle shall not be less than 10% of the outstanding amount or not less than the minimum amount announced by the Company at that time, whichever is greater.
3.2. In case the Cardholder cannot make 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 the following: (a) interest and Credit Usage Charge of the total outstanding amount calculated from the posting date or the date of the receipt of principal (as the case may be) until the partial payment date; and (b) interest and Credit Usage Charge of the remaining outstanding amount. The interest rate and Credit Usage Charge shall be as Specified by the Company, but shall not exceed the maximum rate the Company is entitled to charge from the Cardholder in accordance with the applicable law at that time. The Company will calculate the interest and Credit Usage Charge from the date the Company made 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 the “Credit Usage Fee”.
3.3. In a case where the Cardholder makes any transaction which can be considered as an installment payment of principal (whether card usage or cash advance transaction), in the amount and number of monthly installments agreed with the Company, the Cardholder agrees and acknowledges that the installment amount to be payable in each installment as specified by the Company shall be preliminary calculation using a flat interst rate and Credit Usage Charge for ease calculation to determine the amount of each monthly installment. Since the Company applies the effective rate method in calculating Credit Usage Fee, if the Cardholder makes any payment greater or less than the pre-determined amount and/or makes a delayed payment, this will not affect the amount to be paid each month (except the final installment). However, it may result in an increasing or decreasing of the amount to be paid in the final installment (as the case may be), and/or may result in decreasing of the number of installment if the Cardholder makes any installment payments greater than the specified amount.
3.4. In case where the Cardholder receives a special rate on Credit Usage Fee, which is lower than the normal rate as specified in Clause 3.2, for any installment transaction whether by ways of (i) installment payments for goods/ services and/or cash advance withdrawal, in any form and/or (ii) installment from balance transfer transaction, if the Cardholder is willing 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 specified in Section 3.2. The amounts of the Credit Usage Fee to be paid by the Cardholder shall be equal to the difference between:
(1) The total 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
(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 before specified period. In any case, the total amount of interest and Credit Usage Charge to be paid by the Cardholder shall not exceed the maximum rate allowed by the applicable laws.
3.5. If the Cardholder makes 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 fees 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 form and fees table (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 the payment of goods and/or services, including cash advance withdrawals, there is any fee charged by the relevant merchant/service provider through the Card account, the Cardholder agrees and acknowledges that the Cardholder is aware of such fees at the time of the transaction or when using the Card, and agrees to be responsible for such fees.
3.8. In case of debt collection arising from the use of the Card, the Cardholder agrees to be liable for the payment of such expenses to the Company in full which includes legal expenses in litigation, attorneys’ fee, and other expenses incurred to the Company in relation to the enforcement for any payment hereunder.
4. Terms and Conditions for Installment Payment for Purchases of Goods and/or Services
Unless agreed otherwise, these Terms and Conditions shall be applied to 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 Cardholder may use the Card for installment payment of goods and/or services from the participating merchants or service providers (hereinafter collectively referred to as “Merchant”) pursuant to the following terms and conditions:
(1) the minimum price of goods and/or services shall not less than the price specified by the Company and/or the Merchant;
(2) the Company shall be entitled to charge the processing fee for certain types of goods or services (if any) and/or any other fees other than those specified in Section 3 which shall be calculated in accordance with agreed period and conditions. The price of goods or services plus the aforementioned fee and charge shall be a total amount to be paid;
(3) the Cardholder agrees to make payment for goods and/or services in installments as agreed with the Company and/or the Merchant. The number of installments and/or the final installment amount may be adjusted subject to the amount of each payment and the payment period made by the Cardholder;
(4) upon purchasing of goods/services, the Cardholder shall comply with the procedure of using the Card for payment instead of cash via the payment channel provided by the Merchant. The Cardholder shall sign the document or device specified by the Company or follow other procedure related to any other method that does not require a signature on any document or any other device to certify such purchasing by utilizing the facility under this Agreement;
(5) the Cardholder agrees that the Company shall pay for the price of the goods/services to the Merchant on behalf of the Cardholder. Upon the Cardholder’s receipt of goods and/or services from the Merchant, or the payment for goods and/or services has been made to the Merchant by the Company (whichever occurs first), it shall be deemed that the Cardholder has completely received the principal/loan from the Company. The evidence of payment made to the Merchant shall be considered as receipt evidencing the use of loan by the Cardholder.
4.2. The Cardholder shall follow the procedure of using the Card for payment instead of cash via the card as specified by the Merchant, or present the Card to the salesperson of the Merchant and then sign in the document evidencing the purchase of goods or services (Sales Slip) or any other device for evidence of the use of the Card.
4.3. Subject to Clause 3.3, in a case the Cardholder wishes to prepay all remaining installment amount, the Cardholder is required to inform the Company in advance at least 1 billing cycle and shall be responsible for all remaining outstanding amount and interest and/or Credit Usage Charge accrued thereon.
4.4. The Company shall not be held liable for any defect or damage of the goods purchased by the Cardholder. In case of an exchange or return of such goods, the Cardholder hereby agrees to follow the instructions and/or conditions set forth by each Merchant or place of business where the transaction occurred.
4.5. The Cardholder may make installment payments for purchase of goods/services via the telephone and/or website and/or online channel on a mobile phone provided by the Company and/or via other channels notified by the Company and pursuant to the terms and conditions specified by the Company. Unless otherwise specified, the Cardholder agrees that the provision of Clauses 4, 5, and 7 of this Agreement shall be applied mutatis mutandis to such installment payment transaction made through channels provided herein.
5. Terms and Conditions for Transaction made Through Telephone
5.1. The Cardholder can use his/her personal identification number (PIN), which is to be used with the Card, or which is notified by the Company, or which is set by himself/herself or which may be changed later by the Cardholder, for any services or transactions to be made through the Company’s automatic telephone system. The Cardholder agrees to keep such PIN confidential. The PIN 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 and/or through the officer of the Company via telephone (where personal information of the Cardholder will be verified) including, but not limited to, the utilization of cash advance withdrawal or the change of personal information. After such transaction or request has been made, the Cardholder agrees to be irrevocably bound by such transaction or request, unless the confirmation of the revocation has been made in writing. Any transaction made through the automatic telephone system shall be valid and binding both Primary and Supplementary Cardholder in all cases.
5.3. The Cardholder agrees that any manuals, guidelines, terms and conditions, and any other documents related to the use of automatic telephone system which the Company has provided or to be provided (or amended), which the Company has delivered to the Cardholder, including instructions, recommendation, response or any transactions made through telephone which the Cardholder used in the transactions, shall be constituted as part of the terms and conditions of this Agreement.
5.4. The Cardholder agrees to pay any fees incurred from the use of the telephone service (if any) within the time and at the rate specified by the Company. The Company reserves the rights to adjust such fees at any time by notifying the Cardholder in writing at least 30 days in advance.
5.5. The Cardholder agrees and acknowledges that any transaction made through the automatic telephone system (including any communication made with the Company via telephone) may be recorded in the computer system for verification 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 Conditions for Use of the Card at an Automatic Teller Machine (ATM)
6.1. The Cardholder can use the Card for any services through the automatic teller machine (ATM) of financial institutes, whether domestic or international in accordance with the qualifications of each type of Card specified by the Company. The Cardholder shall use the PIN set by himself/herself in accordance with the procedures determined by the Company (or as changed thereafter by the Cardholder) together with the Card at an ATM at all times. The Cardholder shall keep such PIN confidential. The PIN may be changed by the Cardholder without informing the Company.
6.2. The Cardholder can use the Card up to a specific number of times and in amounts that do not exceed those specified by the Company. In a case where the Cardholder inputs the wrong PIN exceeding the times limited by the ATM service provider, such Card will be blocked and cannot be used until the Cardholder contacts the Company.
6.3. By using the Card for cash advance withdrawal, the Cardholder agrees to be bound by the terms and conditions of this Agreement and agrees that: (i) the slip/statement and/or (ii) the information/data the Company receives from the computer system of the financial institution who owns the relevant ATM are evidence of receipt of cash from the Company under this Agreement.
6.4. When a transaction is made via an ATM, service fees may be charged by the financial institution who owns/operates such ATM where such fee is not related to or charged by the Company. The Cardholder, thus, should see details of such fees before making any transaction. By making the transaction, it shall be deemed that the Cardholder agrees to and acknowledged the fee, and agreed to pay for all fees and any other expenses arising from the use of the ATM. Additionally, the Cardholder consents to the Company’s debiting his or her Card at the rate and time specified by the Company.
7. Terms and Conditions for Making Transactions and/or Using Services via the Company’s Website or an Online Channel Provided by the Company on a Mobile Phone
7.1. The Cardholder can use certain services via the Company’s website or online channel provided by the Company on a mobile phone (“Program”) or any other channels provided by the Company (as available at such period of time) by registering with the Company’s website or Program or any other means as provided by the Company. The Cardholder will be required to use the identity number received from such registration (or as specified by the Cardholder) to make transactions or use services via the Company’s website and/or on the Program or any other channels provided by the Company.
7.2. The Cardholder agrees that in acquiring any transaction and/or service through the Company’s website and/or Program and/or any other channels provided by the Company, the Cardholder agrees to comply with the terms and conditions related to the use of such website and/or Program in all cases 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 Company’s website and/or Program and/or any other channels provided by the Company may be recorded for monitoring or using as evidence of a transaction made between the Company and the Cardholder 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, offer the redemption program or benefit or any marketing campaign for the use of the Card of the Cardholder pursuant to the terms and conditions of the program as communicated by the Company. The Cardholder agrees to be bound by the relevant and most recent terms and conditions, which 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 or 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 a 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