Citibank CitiBusiness Credit CardCitibank CitiBusiness Credit Card

Enjoy better control and flexibility with Citibank CitiBusiness business credit card!

Take your business even further with the best credit card for business with effective payment tools designed for the increasingly sophisticated needs of the SME. Citibank business credit cards are tailored specifically to meet the financing needs of small and medium enterprises.

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Citibank CitiBusiness Credit Card Terms & Conditions

These Terms and Conditions will be in effect as of 30 December 2011.

These are the terms and conditions governing the legal relationship between Citibank Berhad and you, in respect of all CitiBusiness credit cards issued at your request. You are deemed to have accepted these terms and conditions and are bound by them once you or your Cardholder, as the case may be, start using the CitiBusiness credit card(s). In this respect, the activation of the CitiBusiness Card(s), your or your Cardholder’s signature or confirmation on any transaction record, sales draft, credit vouchers, cash withdrawal slip, any charge record and/or return of acknowledgment of receipt slip will constitute binding and conclusive evidence of your acceptance of these terms and conditions. As such, you should read and understand these terms and conditions before doing any of the above or allowing your Cardholder(s) to do so.

Further, these terms and conditions may be superseded by variations, revisions or changes from time to time and at any time, subject to prior notice and we are obliged to inform you that the retention or use of any CitiBusiness credit card(s) after the effective date of such variations, revisions or changes will constitute your acceptance of such variations, revisions or changes without any reservation.

Definitions

To simplify this Agreement for you, the following definitions will apply.

The words “you”, “your” and “yours” means the Business and the Guarantor.

The words “we”, “us”, “our” and “the Bank” means Citibank Berhad (297089-M), the issuer of the Card(s).

The word “ATM” means automated teller machine.

The words “Authorised Owner” means the individual whom you have designated in writing as being authorised to apply for the Card Account and perform all administrative duties for and on your behalf, including giving us instructions (oral or in writing) and settling all payments due under the Card Account. For the avoidance of doubt, any provisions in this Agreement affecting or relating to the Authorised Owner in his capacity as Authorised Owner and not as a Cardholder, if applicable, will be binding on you.

The words “Authorised Signatory” means the individual or individuals, including the Authorised Owner, whom you have designated in writing as being authorised to give instructions and perform all administrative duties for and on your behalf. This includes settling all payments due under the Card Account and instructions to us to do so must be in writing. For the avoidance of doubt, any provisions in this Agreement affecting or relating to the Authorised Signatory in his capacity as Authorised Signatory and not as a Cardholder, if applicable, will be binding on you.

The word “Business” means the business entity which may be a corporation, partnership, sole proprietorship or such business entity at whose request and for whose benefit the Card is issued and includes the successors-in-title, heirs and personal representatives, as the case may be.

The word “Card”, unless stated otherwise, means one or more credit cards, with or without cash rebate facility, or other access devices such as account numbers, that we have issued to permit a Cardholder to obtain credit under this Agreement.

The words “Card Accountt” mean the VISA and/or MasterCard business credit card account which we have opened in your name and include all Sub-Accounts unless expressly provided otherwise.

The word “Cardholder”, unless stated otherwise, means any individual or individuals who have or have been issued a Card or Cards under the Card Account.

The word “Credit Limit” means the limit of the credit granted by us to the Business under the Card Account and includes all Sub-Limits, if applicable.

The words “Current Products Payment Sum” means the total of all monthly instalments which are due and payable by you to us, in accordance with the terms and conditions of the products implemented, amended and/or substituted by us, which are shown as due in the statement or in any other written notice communicated by us to you.

The word “Guarantor” means one or more of those individuals and/or corporations as we may have identified or will identify as being required or who has or have agreed to stand as guarantor(s), to guarantee the repayment of all amounts due and owing to us under or in connection with the Card Account. This will include his/their estate, heirs, personal representatives, successors-in-title and permitted assignees. If the term “Guarantor” comprises of more than one individual and/or corporation, the liability of these individuals and/or corporation shall be joint and several.

The words “MasterCard” or “MasterCard International” means MasterCard International Incorporated, a company registered under the laws of Delaware, U.S.A. and whose office is situated at 2000 Purchase Street, NY 10577-2509 and includes its successors-in-title and assignees.

The word “MEPS” means Malaysian Electronic Payment System (1997) Sdn Bhd, a service providing ATM network banks and financial institutions.

The words “Ordinary Transactions” means all transactions effected through the use of the Card which are not transactions in respect of which the Current Products Payment Sum is payable.

The word “Shared Limit” means the Credit Limit which you have elected to be shared by all Cardholders, without assigning any specific Sub-Limit to any Cardholder, provided that the total amount incurred by all Cardholders does not exceed the Credit Limit at any time.

The word “Sub-Account” means the sub-account which you have assigned to the Cardholder, under the Card Account.

The word “Sub-Limit” means the sub-limit which you have assigned to the Cardholder, if applicable, from the Credit Limit, provided the aggregate of all Sub-Limits does not exceed the Credit Limit.

The words “Visa” or “Visa International” means VISA International Service Association, an association incorporated in the State of Delaware, United States of America with its registered office at 900, 901, 800, Metro Center Boulevard, Foster City, CA 94404-2172,United States of America of which we are a member institution and includes its successors-in-title and assignees.

The words “your Other Bank Accounts” means your other bank account(s) with us apart from the Card Account and includes any joint account with a third party and account(s) with us for any banking facilities granted to you solely or jointly with a third party.

1. Evidence of Agreement
(1) This Agreement will become effective and binding on you once any Cardholder signs, activates or uses the Card.
(2) The use of any Card and the operation of the Card Account is subject to our prevailing terms, conditions and regulations governing your Other Bank Accounts with us (including your joint account with a third party), if applicable, Bank Negara Malaysia Guidelines and Directives, Foreign Exchange Administration Rules and any relevant laws for the time being in force.
 
2. Sub-Account, Card Account and Related Liabilities
(1) You will not be issued a Card under the Card Account (but excluding the Sub-Account). However, at your request and at our discretion, a Card may be issued to an individual whom you have nominated to be a Cardholder, provided that the total number of Cards issued does not exceed ninety nine (99).
(2) Each Cardholder will have a Sub-Account which all transactions effected by the Cardholder through the Card and fees/charges imposed in respect of the Card will be charged to.
(3) The Card Account is made up of all Sub-Accounts and all amounts incurred under each Sub-Account will automatically be deemed to be incurred under the Card Account.
(4) You are solely liable for all amounts due and owing under the Card Account including each Sub-Account, even if any Cardholder has breached or exceeded the authority which you have given to such Cardholder.
 
3. Using the Card and the Credit Line
(1) The initial Credit Limit granted to you and the Shared Limit or the Sub-Limit assigned to the Cardholder will appear on the respective Card carriers.
(2) If you have assigned a Sub-Limit to each Cardholder, you may vary the Sub-Limit of each Cardholder at any time, provided the total of all Sub-Limits is less than or equal to the Credit Limit given to you.
(3) We may change the Credit Limit at any time at our sole and absolute discretion. We will notify you of any new Credit Limit through the billing statement sent to you or by sending you a notice by any mode of communication as we deem fit (including post, facsimile transmission, electronic mail and SMS). However, any change(s) may take effect before your receipt of notification from us. You may request a change to the Credit Limit by contacting us through CitiPhone Banking or sending us written instruction to the address or facsimile number set out in Clause 20 below, via electronic mail and any other mode of communication which we may designate from time to time with notice to you.
(4) If the Credit Limit, the Shared Limit and the Sub-Limit assigned to each Cardholder is observed, each Cardholder is allowed to make retail purchases wherever the Card is honoured and/or obtain a cash advance from our bank counters or ATM which accept the Card.
(5) The total amount charged to the Card Account, including purchases, balance transfers, cash advances, finance charges, fees and any other charges, must not exceed the Credit Limit. However, you must still pay us if that total amount exceeds the Credit Limit. At our absolute discretion, we may approve transactions that cause the Cardholder and you to exceed the Sub-Limit, the Shared Limit and/or the Credit Limit, without waiving our rights under this Agreement.
 
4. Authorised Owner and Authorised Signatory
(1) In relation to the Card Account, we will only recognise and accept instructions and/or communications given to us by the Authorised Owner and/or Authorised Signatory whose instructions and/or communications will be deemed to be from you. Instructions and/or communications from the Authorised Owner may be oral or in writing but if it originates from the Authorised Signatory, it must be in writing.
(2) If we receive contradictory instructions from the Authorised Owner and the Authorised Signatory, the Authorised Owner’s instructions shall prevail. However, if we have already acted upon any instructions, we shall be entitled to ignore any subsequent contradictory instructions even if they are from the Authorised Owner.
(3) All communications, information, documents and the Card if given to the Authorised Owner will be deemed as given to you. It is sufficient if any communications, information, documents and/or the Card required to be given to you, is given to the Authorised Owner.
(4) In relation to each Sub-Account, we will only recognise and accept instructions and/or communications made orally or in writing to us if they are given by the relevant Cardholder of the Sub-Account, unless such instructions relate to any increase in his Sub-Limit, Shared Limit and/or the Credit Limit. This does not affect the authority given to the Authorised Owner and Authorised Signatory under these Terms and Conditions. Regardless of the above, we have the absolute discretion to decide whether to act on any instruction or communication from any Cardholder.
 
5. Card
(1) The Card will be delivered to you and you must ensure that the Card is delivered to the respective Cardholder together with a copy of this Agreement.
(2) At all times, the Card is our property and upon our request or the request of our duly authorized agent, the Card must be surrendered to us immediately. Upon expiry of the Card, you must cut the expired Card into halves or several pieces across the magnetic strip and the microchip embedded in the Card (if any) so that those components are completely damaged and immediately surrender the expired Card to us and at our absolute discretion, we may issue a new Card. The Card is valid as long as the Card Account is not terminated. Upon the termination of the Card Account for any reason, the use of the Card will also terminate.
(3) The Card cannot be transferred and must be used exclusively by the person whose name appears on the Card. The Card cannot be pledged as security for any purpose.
(4) The Card may be used in connection with the facilities made available by us, including the following:-
  1. the payment for purchase of goods and/or services which will be charged to the Sub-Account and the Card Account;
  2. any ATM transactions effected through your Other Bank Account(s);
  3. any cash advance facility which will be debited from the Sub-Account and the Card Account; and
  4. any other facilities as may be offered by us, subject to prior arrangement with us.
(5) The Card must not be used for any unlawful activities. Any online betting and/or gambling activities are also prohibited and you agree that we do not owe you any duty and/or obligation to monitor and block the use of the Card for any unlawful activities. If we find that any Card has been used for unlawful activity, we will be entitled to exercise our right to terminate the Card Account and immediately terminate the use of the Card. Credits of any winning, unspent chips, or other value usable for gambling transactions will not be accepted nor credited into the Sub-Account or the Card Account.
(6) The Card must only be used for legitimate business and/or commercial purposes. If we deem any business or commercial purposes as unacceptable, we are entitled to block the authorisation for the use of the Card. However, you are still liable for all amounts incurred through the use of the Card even if the Card is not used for legitimate business or commercial purposes.
(7) Only the Authorised Owner may terminate the use of any Card at any time by giving us a written notice and returning the Card cut in halves or several pieces across the magnetic strip and across the microchip embedded in the Card (if any) to us at their own costs and expense. Termination of the use of a Card does not necessarily terminate the operation of the Card Account unless this is also requested in writing. No refund of the annual fee or any part of it will be made and you remain liable for any transaction effected through the use of the Card prior to its termination.
 
6. Citibank Credit Card Products
(1) We may introduce special products or programs linked or related to the use of the Card including products or programs that offer promotional rates, reduced rates or interest, interest-free days, instalment or repayments plans or other special terms as we may apply to a category of transactions. We will inform you of the terms and conditions of these products or programs at the time when they are introduced. The terms and conditions of these products and programs are binding on you as if they were contained in this Agreement. If there is any conflict between the terms and conditions of this Agreement and those of the special products or programs, the latter will prevail unless the terms and conditions of the special products or programs state otherwise.
(2) More than one special product or program may apply to the Card and/or the Card Account at the same time. We have the right to introduce and terminate any special products and programs at our absolute discretion by giving notice to you.
 
7. Transactions with Merchants
(1) You expressly consent that we may disclose the account number (or any new, renewed or replaced Card) and any other necessary information, including your last known address, to facilitate the use of the Card or the processing of any transaction effected through the use of the Card to any merchant or their successors-in-title or assigns or any interested persons whom the Card may be presented to or to any member institution of VISA International and/or MasterCard International.
(2) Without affecting the provisions above, we are not responsible for the refusal of any merchant or member institution of VISA and/or MasterCard to honour or accept the Card or for any defect or deficiency in the goods or services supplied to the Cardholder by any merchant.
(3) We are not responsible for goods and services purchased with the Card, whether at the merchant’s premises, via written instructions sent by mail, email or facsimile, telephone order, online internet or any other means by which you have authorised the use of the Card for the purchase of goods and services. You agree to settle all disputes directly with the merchant who honoured the Card or the member institution of VISA and/or MasterCard and you will pay us all amounts required by this Agreement despite such disputes. You are not entitled to set-off or counterclaim against us or to withhold payment to us on account of such complaint or under any circumstances in respect of the claim against the merchant or the member institution of VISA and/or MasterCard.
(4) The Cardholder should ensure that the transaction amount is correct before signing any sales drafts, credit vouchers, charge records and/or any transaction records given to the Cardholder by merchants or a financial institution when the Cardholder uses the Card and before the Cardholder enters his PIN or other identifying number or password at an electronic banking facility or internet. By signing any sales drafts, credit vouchers, charge records or transaction report or entering the PIN or other identifying number or password at an electronic banking facility or internet, the Cardholder indicates his acceptance that the transaction amount is correct and you are bound by the Cardholder’s acceptance.
 
8. Auto-Billing Facilities with Merchants
For the purpose of this Clause: -

“Service” means the auto-billing service which you or the Cardholder have/has registered with us or the Merchant(s) in relation to payments due to the Merchants under which you authorise us to auto-debit the Card(s) of such amount(s) for purposes of making recurring charges to the Merchant(s) on a monthly basis or at other intervals which we have been notified in writing from time to time.

“Merchant” or “Merchants” mean the merchants included for the Service from time to time.

(1) If a replacement card is obtained by reason of fraud, replacement of a lost, stolen or damaged card, renewal of an expiring card or upgrading of an existing card, we may (but are not obliged) to transfer all existing instructions for the Service to the replacement Card(s) to ensure the non-interruption of the Service.
(2) If the replacement Card option is not applicable, we may at our sole and absolute discretion (which discretion shall not be questioned) elect not to make any payment of the said charges to all or any of the Merchants, in which case you will be responsible for paying the unpaid charges directly to the Merchant(s) by other means.
(3) You and the Cardholder expressly authorise us to disclose the replacement card details to the Merchant(s) for purposes related to providing the Service and expressly consent to such disclosure and confirm that no further consent is necessary or required. We are not liable in any way for disclosing such information. Your authorization here will constitute the consent required pursuant to Section 99(1)(a) of the Banking and Financial Institutions Act 1989 and any other contractual consent for such disclosures.
(4) In consideration of us agreeing to provide the Service, you agree to indemnify us against all losses, costs, damages, expenses, claims and demands which we may incur or sustain as a result providing the Service.
(5) The Service may be terminated by either of us by giving to the other party at least one (1) month’s notice in writing or via CitiPhone Banking. Termination of the Service does not terminate the CitiBusiness Card Agreement between you and us. If the CitiBusiness Card Agreement is terminated for any reason, the Service and our obligation to pay the Merchant under the Service will terminate immediately.
(6) Regardless of the Service and our transferring of your/ the Cardholder’s existing instructions to ensure non-interruption of the Service to you/ the Cardholder, you remain fully responsible to comply with all terms and conditions existing between the Merchant and you/the Cardholder in the relevant underlying contract(s) between the Merchant, yourselves and your/the Cardholder’s obligations under those terms and conditions will continue to be binding between the Merchant and you/the Cardholder.
 
9. Internet Transactions
(1) If the Cardholder uses the Card to purchase goods and/or services through the online internet sites or portals, the Cardholder is solely responsible for the security of such use. You agree that the entry of the any Card information on the Internet will be sufficient proof of the instruction’s authenticity.
(2) We are not obliged to verify the identity or authority of the person entering the Card information and we are not liable for acting on such use of the Card, regardless of whether the person is authorised or unauthorised and regardless of the circumstances prevailing at the time of the transaction.
(3) However, we may choose not to carry out any such transaction over the Internet if we have any reason to doubt its authenticity or if in our opinion, it is unlawful or otherwise improper to do so or for any other reason.
 
10. ATM Transactions and Electronic Banking Services
(1) Where any cash advances are made to the Cardholder via ATM, we will provide a Personal Identification Number (“PIN”) to each Cardholder. The PIN is strictly confidential and the Cardholder cannot disclose the PIN to any person under any circumstances or by any means, whether voluntarily or otherwise.
(2) We will issue and deliver the PIN to you at your and the Cardholder’s own risk. You and the Cardholder must not keep any written record of the PIN of the Cardholder at any place or manner which may enable a third party to have access and/or make use of the Card. Failure to comply with this requirement will expose you to the consequences of theft and/or unauthorised use of the Card, for which we will not be liable in any way. You hold us free from all claims and liabilities from all parties arising from the use of the PIN, whether authorised or otherwise.
 
11. Disclosure of PIN, or Loss, Theft or Unauthorised Use of Card
(1) You will remain liable to us for all transactions effected through the use of the Card, whether or not you have authorised such usage.
(2) You are obligated to ensure that the Cardholder uses all reasonable precautions and diligence to prevent any:-
  1. disclosure of the PIN to any person (including never writing the PIN on the Card, on anything kept with the Card or where the Cardholder keeps the Card in or on anything and anywhere which could be understood by any other person as the PIN to the Card); and/or
  2. loss, theft or unauthorised use of the Card (including never allowing any other person to use the Card or leaving the Card out-of-sight when making any transactions or using the Card).
If any of these events occur, you must immediately report this to us (and to the police in the case of (ii)), followed by a written confirmation to us (in the case of (ii), together with a copy of the police report) no later than seven (7) days from the occurrence of the event.
(3) All charges arising from all transactions effected through the use of the Card whether authorised or otherwise including all cash withdrawals and advances are deemed to have been made by the Cardholder, and you are liable for all such charges once the Card has been delivered to you. For the purposes of this provision, until you have reported any loss, theft or unauthorised use of the Card promptly to us, our records of any transaction effected through the Card will be conclusive and binding on you.
(4) At our absolute discretion, we may resolve that your liability is limited to RM250.00 (or any amount as we may determine) (“maximum liability limit”) on proof that:-
  1. the Cardholder had in good faith exercised reasonable care and diligence to prevent such loss, theft or unauthorized use of the Card; and
  2. you had promptly reported the loss, theft or unauthorized use to us.
(5) Even if the Cardholder has exercised all reasonable precaution and diligence to prevent the loss or theft or unauthorised use of the Card and reported the loss or theft or unauthorised use, you remain liable to us in the sums exceeding the maximum liability limit if:
  1. the Cardholder has acted fraudulently by being involved in the procurement of goods or services supplied by any merchant, cash advances or ATM transactions effected through the use of the Card by any person; or
  2. the Cardholder has failed to inform us upon discovering that the Card has been lost or stolen or use for purposes unauthorised by you.
(6) When the lost or stolen Card is found, you must ensure that the Cardholder does not use the Card so retrieved but must return the Card cut into halves or several pieces across the magnetic strip and the microchip embedded in the Card (if any) to us immediately.
(7) We are not obliged to issue a replacement card following its loss or theft. Any issuance of a replacement card will be subject to a replacement card fee as we may determine. Upon any loss, theft and/or unauthorised use of the Card or upon discovery that any person(s) have acquired knowledge of the PIN, you may request us to issue a replacement Card and we have the right to accept or refuse the request.
 
12. Prevention of Unauthorised Usage of Replacement of Damaged Card, Renewal of Expiring Card and Upgrading of Existing Card
(1) You are obligated to ensure that the Cardholder uses all reasonable precautions and diligence to prevent the unauthorised use of the unexpired old Card upon replacement of damaged Card, early renewal of expiring Card and upgrading of existing Card.
(2) To prevent unauthorised usage, you or the Cardholder must destroy the damaged/expiring/obsolete Card by cutting it into halves or several pieces across the magnetic stripe and the microchip embedded in the Card (if any) so that those components are completely damaged before disposing the Card.
(3) All charges arising from all transactions effected through the Card when it has been carelessly disposed including all cash withdrawals and advances are deemed to have been made by you and you are liable for all such charges.
(4) Without affecting our rights and even if you have exercised all reasonable precaution and diligence to prevent the loss, theft or unauthorised use of the Card, you will remain liable to us if you have or the Cardholder has acted fraudulently by being involved in the procurement of goods or services supplied by any merchant, cash advances or ATM transactions effected through the use of the unexpired old Card.
 
13. Cash Advance Facility
(1) The Cardholder may obtain cash advances of such amounts as may be decided by us at our absolute discretion by the following means:-
  1. presenting his Card at any of our branch or of any member institution of VISA and/or MasterCard together with evidence of his identification and signing the necessary transaction record; or
  2. if we have provided the Cardholder with the PIN, using his Card at any of our ATM or the ATM of any other bank or institution with whom we have an arrangement(s) for the use of the ATM of the said bank or institution (in which case the amount of each advance will be further subject to the applicable daily withdrawal limit imposed by such other bank or financial institution).
(2) For all inter-country transactions via ATM and/or any member institution of VISA and/or MasterCard, the exchange rates (if applicable) will be the prevailing exchange rates as determined by us at our sole discretion and all such transactions must not violate the laws existing in the country where the transactions are effected.
(3) The Cardholder’s use of his Card to obtain a cash advance is deemed to constitute your agreement to pay interest on each cash advance and cash advance fee as we may prescribe. Interest accrues on each cash advance from the date of the advance until repayment in full at the current rate of 1.5% per month (or 18% per annum) or such other rate as we may prescribe. A fee of 5% or such other rate as may be prescribed by us, is imposed on the amount of each cash advance (subject to a minimum of RM20.00 or such amount as we may determine) and charged to the Sub-Account and the Card Account.
(4) For the avoidance of doubt, any withdrawal of excess credit in a Sub-Account through the use of a Card or by requesting us to issue the Cardholder a cheque for such withdrawal will be treated as a cash advance and all terms and conditions relating to cash advance will apply to such withdrawal of funds.
(5) The monthly statement issued to you will show the interest that has been accruing on cash advance until the date of repayment in full and the cash advance fee.
 
14. Transactions Made in Foreign Currencies
(1) If a transaction is made in foreign currency, VISA or MasterCard will convert the transaction into a Ringgit Malaysia equivalent at the conversion rate as determined by VISA or MasterCard as at the date it is processed by VISA or MasterCard.
(2) In addition, administration costs at such rates as will be determined by us and VISA or MasterCard for the conversion of the transactions made in foreign currencies will be imposed.
(3) You agree that in the event of any disputes on the conversion rates determined by VISA or MasterCard on any transactions made outside Malaysia, we will not be responsible to settle such disputes on your behalf with VISA or MasterCard.
 
15. Annual Fee, Handling Charge and Other Fees/Charges
(1) We will charge the following fees to each Sub-Account:-
  1. an annual fee of an amount as we may prescribe for the issue of a Card and for each renewal of a Card;
  2. a handling charge as we may prescribe for a replacement card to be issued;
  3. a transaction and/or conversion fee or any fee referred to by any other name as we may prescribe for any foreign currency transactions;
  4. a statement request charge as we may prescribe to be imposed in the event you make a request for any statement which is more than two (2) months prior to the date the request was made or a Cardholder makes a request for a statement in respect of his Sub-Account;
  5. charges and fees as we may prescribe for the provision of copies of sales/cash advance drafts or any other documentation;
  6. overlimit fee of an amount as we may prescribe for the amount charged to the Sub-Account which is in excess of the Sub-Limit or the Shared Limit; and
  7. such other charges and fees not stipulated above as we may prescribe.
(2) All fees paid to or in connection with the Card to us are non-refundable under any circumstances.
 
16. Statement of Account
(1) A statement will not be sent to a Cardholder unless he requests for it, in which case, we are entitled to impose a statement request charge as we may prescribe.
(2) A statement in respect of each Sub-Account and the Card Account will be sent to your last known address in our records and such statement is deemed to have been received by you on the fifth (5th) day after posting. We will normally send a statement to you monthly on the statement date for active accounts, i.e. accounts which show some monetary activities within a continuous period of six (6) months for each account. The statement shows the total balance, any finance charges, fees, charges, the minimum amount due and the payment due date. It also shows amongst others your current Credit Limit and the Shared Limit or the Sub-Limit of each Cardholder, as the case may be, as well as an itemised list of current charges, payments and credits in the Card Account and each Sub-Account.
(3) Upon receipt of the statement, it is your responsibility to examine all entries in the statement and ensure that the Cardholder examines all entries in respect of his Sub-Account and as stated in the statement. You are under the duty to report in writing to us of any error, discrepancies or inaccuracies in the statement within fourteen (14) days from the date you receive or are deemed to have received the statement.
(4) If for any reasons, we do not receive a written notification from you within fourteen (14) days of any error in the statement, then you are deemed to have accepted the entries in the statement made up to the date of the last entry in the statement as correct and as final and conclusive evidence of the facts contained in the statement. For the avoidance of doubt, this provision only applies to you without affecting our rights to make good, correct or recover any monies mistakenly credited into the Card Account (whether by a third party or for the use of Citibank) for which you will be liable to pay over to us.

Unless you notify us in the matter stated above, the statement will be considered conclusive and binding as against you and your legal representatives and successors. You are therefore precluded from making any claim against us by alleging that the statement contains any error, discrepancy or inaccuracy.
(5) For the avoidance of doubt, proof of sending a written notification to us is not proof of us receiving your written notification.
(6) If you dispute any transactions stated in the statement, we may in our absolute discretion deem fit conduct any investigation(s) regarding the disputed transaction(s), in which case the following will apply:-
  1. If our investigation(s) reveal or indicate that you are liable for any of the disputed transaction(s), we are entitled to levy the following charges:-
    1. an investigation(s) charge(s) as we may deem fit to charge; and
    2. finance charge(s) from the date of the disputed transaction(s) until the finalisation of our investigation(s).
  2. No finance charge(s) and/or investigation charge(s) will be levied in the event that the investigation(s) reveal that you are not liable for any of the disputed transaction(s).
Our findings in any investigation conducted in relation to the Card Account are conclusive, final and binding on you.
 
17. How We Determine the Balance
The outstanding balance appears as the Current Balance on the statement. To determine the Current Balance, we begin with the outstanding balance on the Card Account at the beginning of each billing period, called the “Previous Balance” on the billing statement. We add any purchases or cash advances and subtract any credits or payments credited as of that billing period. We then add the appropriate finance charges and fees and make the applicable adjustments.
 
18. Finance Charge
(1) There is no finance charge imposed on the full amount shown as due in the statement (“Current Balance”) provided that you pay the Current Balance in full not later than the payment due date specified in the statement (“Payment Due Date”).
(2) Upon receipt of the monthly statement, you may choose to pay the Current Balance in full or if you choose not to settle the Current Balance in full, you must pay as a minimum, the Specified Minimum Payment on or before the Payment Due Date. “Specified Minimum Payment” means:
  1. where the Current Balance does not exceed your Credit Limit or Customer Credit Limit where applicable, minimum payment is calculated at 5% of [Outstanding Balance (including Finance Charges + Annual Fee + other fees and charges (if any)) - Overlimit Amount (if any)] + (Overlimit Amount) (if any) + (Non-revolving Instalments) (if any); OR RM50 whichever is higher.
  2. where the Current Balance exceeds your credit limit: the amount in excess of your credit limit (“Overlimit Amount”) plus (i) above. An Overlimit fee will be charged into your account. The fee amount will be as specified in the monthly statement.
(3) You will be obligated to pay us a finance charge if:
  1. you pay us less than the Current Balance;
  2. you make no payment on the Payment Due Date;
  3. you make payment after the Payment Due Date; and
  4. the you/Cardholder have/has taken out a cash advance.
(4) Finance charges would be at the rate prescribed by Bank Negara Malaysia under its guidelines (or such other rate that may be lower as determined by us at our sole discretion) which will be specified in the monthly statement and will be computed on:
  1. all transactions inclusive of cash advance, charges, fees, costs and incidental expenses charged to you in connection with the use of the Card commencing from the day they are posted to the Card Account on their respective posting dates;
  2. the unpaid balance or balances carried forward from the previous statement or statements, commencing on the respective dates for the computation of finance charges as set out in (i) above; and
  3. balance transfers from other credit card accounts to your Card Account.
(5) An interest-free period of 20 days from the statement due date for new retail transactions is only applicable for Cardholders with no outstanding balance from the previous month’s statement.
(6) On the date of each statement or at such other intervals as we may determine, all unpaid finance charges may be capitalised and added to the principal sum then owing, and will subsequently incur finance charges at the rates stated above both before and after any court order or judgment, until full and final settlement.
(7) If the Specified Minimum Payment amount is unpaid, partly paid or paid after the Payment Due Date, we may in our absolute discretion deem fit, without affecting our right to terminate the use of the Card and the Card Account, impose such fees, finance charges and/or late payment charges as we may determine until the Specified Minimum Payment is paid in full and/or may allow you to pay:-
  1. if the Current Balance does not exceed the Credit Limit, the current Specified Minimum Payment and the unpaid previous Specified Minimum Payment; and
  2. if the Current Balance exceeds the Credit Limit, the current Specified Minimum Payment and the excess over the Credit Limit and the unpaid previous Specified Minimum Payment.
 
19.Late Payment Charges
(1) If you fail to pay as a minimum, the Specified Minimum Payment by the Payment Due Date, you must also pay a late payment charge as specified in your statement by way of liquidated damages and not as penalty.
(2) On the date of each statement or at such intervals as we may determine, all unpaid late payment charges may be capitalised and added to the principal sum then owing, and will subsequently incur late payment charges at the rates stated above both before and after any court order or judgment, until full and final settlement.
 
20. Communications
For the purposes of this Clause:

“Communication” or “Communications” means any statement, request, instruction, notice, demand, document or any form of communications (including oral, documentary and electronic).

(1) You expressly agree that we may send any Communication to you by leaving it at, or by sending it by prepaid ordinary post to, your last known address (whether within or outside Malaysia and whether such address is a Post Office Box or is a place of residence or business) or by facsimile transmission to your facsimile number as may be provided to us or our solicitors. Any Communication is deemed to have been received by you on the date of delivery if it is delivered by hand; or on the fifth (5th) day from the date of posting if sent by post (even if it is returned through the post office undelivered); or on the date of transmission if sent by facsimile transmission, electronically or digitally.
(2) Despite anything to the contrary in this Agreement, you expressly agree that any Communication given or required to be given to you may conveyed by us to you:-
  1. via the telephone or CitiPhone;
  2. via short messaging system (SMS); or
  3. via computer generated form,
in which case, such Communication will not bear any signature and may contain a printed or facsimile signature. You will not hold us liable for any technical, hardware or software failure, interruption, breakdown or errors arising from such modes of communication.
(3) You authorize us, although we are not obliged, to rely upon and act in accordance with any Communication given:
  1. via the telephone or CitiPhone (“Telephone Instructions”);
  2. via facsimile transmission (“Fax Instructions”);
  3. via electronic or digital transmission, including electronic mail (“Electronic Instructions”); or
  4. via short messaging service (SMS),
which may be, or purport to be, given by or on behalf of you, without inquiry or verification on our part as to the authority or identity of the person making or purporting to make such Communication.
(4) We may rely upon and act in accordance with such Communication provided that:-
  1. in the case of Telephone Instructions, the Phone Banking terms and conditions appearing below will govern such communications; and
  2. in the case of Electronic Instructions, the person making or purporting to make such Communication must have satisfied such requirements as may be required by us or provided for by us.
(5) We are entitled (but not obliged) to treat any Communication as authentic and valid and fully authorized by and binding upon you, and we are entitled (but not bound) to take such steps in reliance upon such Communication as we may consider appropriate, regardless of any error or misunderstanding or lack of clarity or details in the terms of such Communication.
(6) All Fax Instructions must be sent to us at such facsimile number as provided below or notified by us for the purposes of Fax Instructions.
(7) You agree and undertake to indemnify and keep us indemnified against all losses, costs and expenses incurred or sustained by us of whatever nature in connection with such Communication given via the telephone or via facsimile transmission or via electronic or digital transmission.
(8) Any notice or other document to be given under this Agreement by you to us must be in writing and may be given or sent by hand, registered post or facsimile to us at the address or facsimile transmission number that we may notify to you in the statement sent to you or by any other means deemed suitable by us, or to the address or facsimile transmission number set out below:
By Mail By Hand
Customer Correspondence Unit
Citibank Berhad
P.O.Box 11725
50754 Kuala Lumpur
Facsimile Number: +603-2383 6666
Customer Correspondence Unit
Citibank Berhad
No. 165, Jalan Ampang
50450 Kuala Lumpur
 
Reminders
(9) We are entitled at any time and at our sole discretion to send you reminders in respect of the amount of the Specified Minimum Payment and the Payment Due Date each month (“Reminder”), whether or not you have requested the same, and you may be notified of each Reminder via telephone or SMS (which you may be subjected to charges by the relevant service provider(s) or telephone operator(s)).
(10) You are fully aware that your receipt of each Communication/Reminder may be delayed or prevented by factor(s) affecting the relevant service provider(s), telephone operator(s), currency market(s) and any other relevant entities. You accept that we do not guarantee the delivery or accuracy of the contents of each Communication/Reminder, and we will not be liable to you or anyone else for losses or damages arising from:
  1. any non-delivery, delayed delivery or wrongful delivery of each Communication/Reminder;
  2. inaccurate content of each Communication/Reminder; or
  3. your use or reliance on the contents of any Communication/ Reminder for any purposes.
(11) The information in respect of any Communication/Reminder may be subject to certain time lags and/or delays. The features of any Communication/ Reminder may at any time be varied or discontinued by us at our absolute discretion with notice.
 
21. Cheque Return Payment Fee
We are entitled to levy an administration charge as we may prescribe if any cheque presented by you for payment is dishonoured i.e. because of insufficient funds or ambiguous amount, for example.
 
22. Payments
(1) You will pay us in the billing currency, which is Ringgit Malaysia.
(2) Payments by you to us are not considered as made until all relevant funds have been received for value by us and entered into our records on the day following our receipt of payment.
(3) Payments can be made by cash, cheques, direct transfer to the Card Account from your Other Bank Accounts or through the Inter-Bank GIRO system or otherwise. All payments by cheques must include the inland exchange commission, where applicable, failing which we are entitled to debit the Card Account accordingly or to exercise our right of set-off as we deem fit.
(4) Payment will be applied in the order of balances attracting the highest interest rate to the lowest interest rate (and in the case of same interest rate, the order will start from the earliest to the latest transaction date.
 
23. Excess of Credit Limit
(1) You must ensure that each Cardholder does not operate the Sub-Account such that the amount owing under his Sub-Account exceeds his Shared Limit or Sub-Limit, as the case may be, or the aggregate amount owing to us under the Card Account exceeds the Credit Limit without obtaining our prior written approval.
(2) If the Credit Limit, the Shared Limit and/or the Sub-Limit is exceeded, you must pay us upon demand the excess amount in full, failing which, we may in our sole and absolute discretion suspend, terminate or cancel the Card Account or the relevant Sub-Account. If the Card Account and/or the Sub-Account is terminated or cancelled, the provisions relating to the termination will apply.
 
24. Guarantee And Indemnity
(1) The Guarantor irrevocably and unconditionally:
  1. guarantees the punctual performance by the Business of the Business’ obligations in respect of the Card Account;
  2. undertakes to us that whenever the Business does not pay any amount when due under or in connection with the Card Account, the Guarantor will immediately on demand pay that amount as if it was the sole principal debtor and not merely a surety. Accordingly, the obligations of the Guarantor are valid regardless of whether any other security for the obligations of the Business has not been perfected and it will not be discharged, nor will its liability be affected, by anything which would not discharge it or affect its liability if it were the sole principal debtor;
  3. undertakes to indemnify us immediately on demand against any cost, loss or liability suffered by us if any obligation guaranteed by it is or becomes unenforceable, invalid or illegal. The amount of the cost, loss or liability must be equal to the amount which we would otherwise have been entitled to recover.
(2) This guarantee is a continuing guarantee and will extend to the ultimate balance of the sums payable by the Business under or in connection with the Card Account, regardless of any intermediate payment or discharge in whole or in part.
(3) If any payment by the Business or any discharge given by us (whether in respect of the obligations of the Business or any security for those obligations or otherwise) is avoided or reduced as a result of insolvency or any similar event:
  1. the liability of the Guarantor will continue as if the payment, discharge, avoidance or reduction had not occurred; and
  2. we will be entitled to recover the value or amount of that security or payment from the Guarantor, as if the payment, discharge, avoidance or reduction had not occurred.
(4) The obligations of the Guarantor under this Clause will not be affected by an act, omission, matter or thing which, but for this Clause, would reduce, release or prejudice any of its obligations under this Clause (without limitation and whether or not known to it) including:
  1. any time, waiver or consent granted to, or composition with any of you or other person
  2. the release of any of you or any other person under the terms of any composition or arrangement with any creditor of any of you or any other person;
  3. the taking, variation, compromise, exchange, renewal or release of, or refusal or neglect to perfect, take up or enforce, any rights against, or security over assets of, any of you or other person or any non-presentation or non-observance of any formality or other requirement in respect of any instrument or any failure to realise the full value of any security;
  4. any incapacity or lack of power, authority or legal personality of or dissolution or change in the members or status of any of you or any other person;
  5. any amendment (however fundamental) or replacement of any of the provisions herein or any other document or security;
  6. any unenforceability, illegality or invalidity of any obligation of any person under the provisions herein or any other document or security; or
  7. any insolvency or similar proceedings.
(5) The Guarantor waives any right it may have of first requiring us to proceed against or enforce any other rights or security or claim payment from any person before claiming from the Guarantor under this clause. This waiver applies irrespective of any law or any provisions contained in this Agreement to the contrary.
(6) Until all amounts which may be or become payable by you under or in connection with the provisions in this Agreement have been irrevocably paid in full, we may:
  1. refrain from applying or enforcing any other moneys, security or rights held or received by us in respect of those amounts, or apply and enforce the same in such manner and order as we see fit (whether against those amounts or otherwise) and the Guarantor shall not be entitled to the benefit of the same; and
  2. hold in a suspense account (whether interest bearing or not), any money received from the Guarantor or on account of the Guarantor's liability under this clause.
(7) Until all amounts which may be or become payable by you under or in connection with the Card Account and the provisions herein have been irrevocably paid in full and unless we otherwise direct, the Guarantor may not exercise any rights which it may have by reason of performance by it of its obligations set out here:
  1. to be indemnified by an obligor;
  2. to claim any contribution from any other guarantor of any of your obligations in connection with the Card Account; and/or
  3. to take the benefit (in whole or in part and whether by way of subrogation or otherwise) of any of our rights herein or of any other guarantee or security taken pursuant to, or in connection with, the provisions set out here.
(8) This guarantee is in addition to and is not in any way prejudiced by any other guarantee or security now or subsequently held by us.
 
25. Events of Default
(1) We may suspend, withdraw or terminate the Card Account and/or any of the services offered in connection with the use of the Card with prior notice, even if we may have waived our right on some previous occasion upon the occurrences of any one or more of the following events (collectively, “Events of Default” and each as an “Event of Default”):-
  1. if any of you should fail or default in payment of any sum of money due from any of you to us at any time under the Card Account or under the provisions here;
  2. if any of you are liable to us on any of your Other Bank Accounts;
  3. if the Card is used for any unlawful activities such as online betting and/or gambling activities;
  4. (iv) if any of you have given any data, information, statements, representations and warranties (implied or express) in connection with this Agreement or any other agreement or arrangement(s) with us which is incorrect, untrue or misleading in any material aspect when made or if we reasonably believe that you have give at any time;
  5. if any of you commit or threaten to commit a default or breach of any agreements, covenants, stipulations, terms or conditions set out in this Agreement on your part to be observed and performed;
  6. if any indebtedness of any of you and/or the indebtedness of any Cardholder with us or any other financial institution(s) becomes capable, in accordance with the relevant terms, of being declared due prematurely by reason of a default by any of you and/or the Cardholder in any of your/his obligations, or if due on demand when demanded or the security for any such indebtedness becomes enforceable or any loan, advance or credit made available to any of you and/or the Cardholder is withdrawn. For these purposes, “indebtedness” includes any obligation (present or future, actual or contingent, direct or indirect, secured or unsecured, several or joint, as principal or otherwise) for the payment and repayment of money;
  7. if any of you and/or the Cardholder leaves Malaysia to take up residence elsewhere;
  8. if any of you and/or the Cardholder and/or the Guarantor (if applicable) dies or becomes insane, taken into custody, incapacitated or declared by any Court of competent jurisdiction or any appropriate authority to be incapable of administrating your/ his/ its affairs;
  9. if any legal proceedings, suit or action of any kind is instituted by or against any of you and/or the Cardholder;
  10. if any of you and/or the Cardholder are wound-up or dissolved or adjudged a bankrupt, as the case may be;
  11. if any legal proceedings, suit or action of any kind is instituted by or against you in any jurisdiction or any order is made by any court of competent jurisdiction, or any other appropriate authority or any step is taken for any of your and/or the Cardholder’s bankruptcy, winding-up, liquidation or for the appointment of a judicial manager, or a trustee, or a similar officer is appointed of all or a substantial part of any of your assets and/or the assets of any Cardholder, as the case may be;
  12. if any of you and/or, the Cardholder are unable to pay any of your debts or the Cardholder’s debts as they fall due, suspend payment of these debts, enter into composition or arrangement with any of your creditors or the Cardholder’s creditors (if applicable), or commit an act of bankruptcy or become insolvent;
  13. if a distress, execution or other process of a court of competent jurisdiction is levied upon or issued against any of your property and/or the property of the Cardholder and such distress, execution or other process, as the case may be is not satisfied by any of you and/or the Cardholder within 21 days of such order;
  14. if a receiver is appointed in respect of any of your assets and/or the Cardholder’s assets or any part of these assets or a meeting (whether formal or informal) is called by any of your creditors and/or the Cardholder’s creditors;
  15. if a judgment debt obtained against any of you and/or the Cardholder remains unsatisfied for a period of 7 days from the date of the order (other than judgment debt on which any of you or any Cardholder have obtained a stay of execution and filed a Notice of Appeal within the time prescribed by law);
  16. if there is any change in the Business’ nature or scope or in the constitution, composition, management, control, shareholding or the structure of the Business;
  17. if there is a material adverse change in any of your business, assets and financial position and/or the Cardholder’s business, assets and financial position;
  18. if the whereabouts of any of you and/or any Cardholder becomes unknown to us;
  19. if in our absolute opinion, the Card Account and/or your Other Bank Accounts is or has not been operated satisfactorily;
  20. if you, the Authorised Owner or the Authorised Signatory of the Business, as the case may wishes to terminate the Card Account and/or the Sub-Account respectively;
  21. if it becomes illegal or impossible or Bank Negara Malaysia or other governmental or judicial authority asserts that it has become illegal or impossible for any of you and/of the Cardholder to perform any obligations or for us to enforce any rights under this Agreement, any security document or any other agreement, document, instrument or arrangement(s) between us and any of you and/or the Cardholder;
  22. if an event or events have occurred or a situation exists which should or might in our opinion affect your ability to perform your obligations under this Agreement;
  23. if we in our absolute discretion, decides to cancel or terminate the Card Account;
  24. if we refuse to issue a replacement Card or renew any Card; or
  25. if we refuse to issue a replacement Card or renew any Card; or
(2) Where an or any Event of Default has occurred and if any of you and/or Cardholder do not remedy any Event of Default before the expiry of the time specified in any notice given to any of you and/or the Cardholder or under this Agreement, or if there is an Event of Default that cannot be remedied, or upon termination of the use of the Card for any reason, the whole outstanding balance on the Card Account will become immediately due and payable to us and/or we may enforce our rights against the Guarantor under the guarantee and indemnity delivered by the Guarantor. In addition, all further monies debited to your Card Account after the date of such termination, including all interest, fees and charges, become due and payable upon its entry into your Card Account.
(3) Upon termination of the Card Account, the whole outstanding balance on the Card Account will become immediately due and payable to us and all further monies debited from the Card Account after the date of such termination including all interest, fees and charges shall become due and payable upon its entry into the Card Account.
(4) If we obtain judgment from any court for any sum owing under this Agreement, any interest, finance charge, late payment charge and any other charges payable will continue to be payable from the date of judgment until the date of full payment of the sum of money which has been adjudged as payable to us.
(5) If you have committed an Event of Default or are in breach or default in respect of the Card Account or this Agreement, this will result in you being in breach or default of any other of your Card Account(s) and/or your Other Bank Accounts. If we are entitled to invoke remedies in respect of one Card Account, we are also entitled to invoke such remedies in respect of your other Card Account(s) and/or your Other Bank Accounts.
(6) Without affecting the generality of the above, if you have committed any Event of Default, we are entitled to:
  1. transfer, set off against, combine or consolidate any of your Other Bank Accounts with us in the manner set out in Clause 31 below toward repaying the outstanding balance and/or any sums owing by you under this Agreement;
  2. suspend the use of the Card and Card Account;
  3. reduce your Credit Limit, Shared Limit and/or Sub-Limit; and/or
  4. terminate the use of your Card Account, in which event, all provisions in this Agreement relating to such termination will apply.
 
26. Review, Suspension, Withdrawal of Any Facilities or Terminate Use of Card
We have the right at our absolute discretion to review, suspend, restrict, withdraw and/or in circumstances if we so deem fit, terminate or impose conditions for the use of the Card including all or any of the facilities provided by us in connection with the Card at any time, with notice and without any obligation to give reasons, even if we have waived our rights on some previous occasions.
 
27. Right to Restrict or Refuse Credit
(1) We are entitled at any time to restrict or limit the credit to you or any Cardholder or refuse and withhold credit. Such decision will be at our absolute discretion.
(2) If we detect unusual or suspicious activity on a Sub-Account, we may temporarily suspend the credit privileges until we can verify the activity.
 
28. Our Right to Check Credit Standing
You, the Cardholder and the Guarantor agree that we have the absolute right to check the credit standing from any source (including credit reference agencies, Bank Negara Malaysia, the Credit Bureau and/or the Central Credit Reference Information System (CCRIS) established by Bank Negara Malaysia) of any of you, the Cardholder and/or the Guarantor any time, as and when we deem fit, without referring to any of you (the Cardholder and/or the Guarantor).
 
29. Telephone Monitoring and Recording
You authorise us to contact the Authorised Owner by telephone about the Card Account. You agree that we may place such telephone calls using an automatic dialing and that such calls will not be unsolicited calls. We may monitor and/or record telephone calls between the Authorised Owner and us. You agree that monitoring and/or recording may be done and that no additional notice to you or additional approval from you is needed.
 
30. Liens
In addition and without prejudice to any other remedy, right or security which we may have, so long as the Card Account has not been closed or any money remains owing or payable under this Agreement, we have a general lien on all of your securities and other assets which are now or which may from time to time be deposited with or in or come into our possession, custody or control of or held in our name or to our order or for our account and/or our nominee’s account whether for safe custody or security or otherwise or for any specific purpose or generally.
 
31. Consolidation of Accounts and Set-Off
(1) In the event of the occurrence of any of the Event or Events of Default (defined in Clause 25 above), we may, at any time with notice:
  1. combine or consolidate any of your Other Bank Accounts with us (whether located in or outside of Malaysia and whether in Ringgit Malaysia or in any other currency); and/or
  2. transfer or set-off any sums standing in credit in your Other Bank Accounts (whether matured or not and including a joint account with a Cardholder/ the Guarantor and a joint account with any other person),
towards discharge of all sums due to us under any of your account(s) with us even if that the credit balances and the liabilities in any or all of your Other Bank Accounts may not be expressed in the same currency.
(2) You authorise us to make any necessary conversions at our prevailing exchange rates (which will be determined by us at our sole discretion), if the balances in any or all of your Other Bank Accounts and the sums due may not be expressed in the same currency. Further, you authorize us to make any necessary conversions at our own rate of exchange then prevailing at the date of set-off. The consequence of accounts being combined will be that one balance remains and if that is a debit balance, you will remain liable to us for that amount.
(3)
(a) The consequence of set-off is that amounts that you and we owe to each other are reduced by the same amount. We will not exercise these rights so as to cause a liability to become secured if we agree that it would not be secured.
(b) No notice will be given to you prior to the set-off or consolidation of your accounts, unless we intend to set-off a credit balance in your deposit account(s) against a debit balance in any of your Card Account(s) and/or Other Bank Accounts, or such notice is required by law.
(4)
(a) In the case of joint accounts, we may set-off the liabilities of any joint account holder to us on any accounts against the credit balance in the joint accounts.
(b) Where the said sums have been incurred by only one or some (but not all) of the joint account holders, our rights above will also extend to credit balances to which all the joint account holders are singly or jointly entitled.
(5) Where monies are set-off by us following the exercise of our rights, you undertake that you will not, without first obtaining our prior written consent, withdraw or cause any act that would result in the withdrawal of such monies. We reserve the right to earmark such monies before the setting-off.
 
32. Suspense Account
To enable us to preserve the liability of any party (including any of you, the Cardholder and/or the Guarantor), once a writ or summons or any originating process has been issued or to prove in your bankruptcy or insolvency or for such other reasons as we think fit, we may place and keep any monies received, recovered or realized under this Agreement or under any other security or guarantee to your credit as we think fit, at any time and for a duration as we think prudent, without any obligation on our part to use it to discharge of the sums due and owing to us.
 
33. Variation Revision or Change of Terms and Conditions
(1) By giving any of you written notice, we may amend or vary the terms and conditions of this Agreement. However, our failure to give a written notice does not stop such amendment or variation in these terms and conditions from having effect.
(2) By giving any of you written notice, we may amend or vary the terms and conditions of this Agreement. However, our failure to give a written notice does not stop such amendment or variation in these terms and conditions from having effect.
  1. their being displayed at any of our offices or branches nationwide;
  2. their inclusion in your monthly statement;
  3. a notice of the amendments and variations being sent to you;
  4. being advertised or advertisement in one issue of a daily national newspaper addressed to the general public;
  5. posting on our website; or
  6. any other mode which we deem sufficient.
(3) Such variation applies on the effective date specified by us in accordance with the applicable laws and Bank Negara Malaysia guidelines and will apply to all outstanding balance in your Card Account, among others.
(4) Such variation applies on the effective date specified by us in accordance with the applicable laws and Bank Negara Malaysia guidelines and will apply to all outstanding balance in your Card Account, among others.
(5) If you do not accept the proposed variation, you must terminate the use of the Card(s) by calling Citibank Phone Banking (CitiPhone) or giving prior written notice to us, before the effective date of such proposed variation. The provisions relating to termination above will subsequently apply, followed by you cutting the Card(s) into halves or several pieces across the magnetic strip and the microchip embedded in the Card(s) (if any) so that those components are completely damaged and immediately returning the Card(s) to us.
 
34. Change in Constitution
(1) The terms, conditions, covenants and undertakings under this Agreement will remain in full force and effect regardless of any change in your and/or the Guarantor’s constitution or composition or by any change by dissolution, winding-up, death, insanity, incapacity, bankruptcy, insolvency or otherwise in you and/or the Guarantor and no change of any sort whatsoever in relation to or affecting you and/or the Guarantor will in any way affect the security, liabilities and/or obligations created hereunder in relation to any transaction whether past, present or future.
(2) Without affecting the above, if any of you are partners in a partnership or firm, the terms and conditions of this Agreement will be binding on all persons who are partners of the firm as at the date of the opening of the Card Account, regardless that such person or persons may at any time after the opening of the Card Account cease to be a partner or partners and regardless that notice of such cessation has been given to us. For the sake of clarity, the terms and conditions of this Agreement will continue to be binding on all persons and/or any of the persons from time to time carrying on business in the name of or in succession to the firm although by death, retirement or admission of partners or other causes the constitution of the firm may have been in part or wholly varied.
(3) The terms, conditions covenants and undertakings under this Agreement will continue to bind you and/or the Guarantors regardless of any change by dissolution, winding-up or otherwise howsoever in us including but not limited to any reconstruction involving the formation of and transfer of the whole or any part of our assets to another company, whether or not such company differs from us in its objects, character or constitution.
 
35. Disclosure
(1) You, the Cardholder and/or the Guarantor expressly agree that:
  1. the Bank;
  2. the Bank’s head office, branches, representative offices; and
  3. any subsidiaries, affiliated or associated companies of, or related entities controlled directly or indirectly by Citigroup Inc. and any of their respective branches and offices,
(singly or collectively, “Citigroup”) are permitted to collect, use, store and share Data.
(2) For the purposes of paragraph (1) above, “Data” means public and non-public information from any source about:
  1. you;
  2. your beneficial owners;
  3. any security providers;
  4. persons under the trust;
  5. partners, committee members, directors and officers (where applicable);
  6. authorized signatories; and
  7. any of your and/or security provider’s accounts, transactions and dealings with Citigroup or any other party.
(3) The purposes for which Data is collected and further processed depends on the nature of your relationship with Citigroup and the products and services you obtain from Citigroup. Purposes for which Data may be used include:-
  1. to establish a relationship between you, the Cardholder and/or the Guarantor and Citigroup;
  2. to process applications for products and services;
  3. for risk management;
  4. to provide services and products to you, the Cardholder and/or the Guarantor;
  5. for data processing purposes;
  6. to evaluate and monitor provision of products and services;
  7. to respond to inquiries from you, the Cardholder and/or the Guarantor;
  8. for deposit insurance purposes;
  9. for research and development of products and services;
  10. for debt collection purposes;
  11. for enforcement of rights and obligations;
  12. for assessing, processing and investigating insurance risks and claims;
  13. to enable a party to evaluate any proposed assignment, participation, sub-participation, and/or novation of our rights and/or obligations;
  14. to maintain and protect our offices and automatic teller machines;
  15. to meet legal and regulatory requirements;
  16. processing instructions and generating confirmations, advices and statements;
  17. maintaining accurate “know your customer” information;
  18. operating control systems and management information systems;
  19. marketing products and services;
  20. for such other purposes as permitted by applicable law or with your, the Cardholder and/or the Guarantor’s consent; and
  21. for all other purposes incidental or associated with the above.
(4)
(a) You, the Cardholder and/or the Guarantor understand and agree that the Data may be transferred to, used and stored in other jurisdictions, the laws of which may not offer the same level of protection as the laws of the jurisdiction from which the Data originates. The Data may also become subject to the legal disclosure requirements of other jurisdictions.
(b) You, the Cardholder and/or the Guarantor understand and agree that Citigroup is permitted to disclose the Data, for confidential use, to:
  1. and among Citigroup;
  2. Bank Negara Malaysia (“BNM”) and the Credit Bureau, the Central Credit Reference Information System (“CCRIS”) and the Dishonoured Cheques Information System (“DCHEQS”) maintained by BNM, such body or authority having jurisdiction over Citigroup and any credit reference agencies;
  3. comply with any law, regulation, or request by any government, court, administrative, regulatory or other authorities;
  4. any agents and persons to whom Citigroup outsources the performance of its operational functions (including, without limitation, any third party service provider) and/or who provides any services, whether within or outside Malaysia;
  5. any communications, clearing, settlement or payment system, intermediary bank or depository;
  6. any novatee, assignee, participant, sub-participant or transferee, or proposed novatee, assignee, participant, sub-participant or transferee of any of our rights or obligations;
  7. guarantors, sureties and third party security providers for facilities granted or services provided by Citigroup to you;
  8. financial institutions, merchants, VISA International Services Association, MasterCard International Incorporated and other card associations in relation to any Citibank credit cards and/or debit cards issued to you;
  9. any parties engaged by Citigroup to enable or assist Citigroup to exercise its rights and perform its obligations;
  10. to such parties as may be permitted by the laws of Malaysia,
whether within or outside Malaysia, for any of the purposes set out in this Clause 35.
(c) You, the Cardholder and/or the Guarantor agree that Citigroup may give your, the Cardholder and/or the Guarantor’s personal data and, where applicable, that of your beneficial owners, persons under the trust, partners, committee members, directors, officers or authorized signatories to other parties outside Citigroup, for any use as specified above, including for commercial purposes.
(d) You, the Cardholder and/or the Guarantor understand and agree with the consequences of the giving of your personal data and those of the other persons mentioned above to parties outside of Citigroup.
(5)
(a) Citigroup does not guarantee the security of any information transmitted by or to it through any means of communication or correspondence (including mail, courier service, electronic mail or other electronic means (including short message service (SMS))./td>
(b) Citigroup does not guarantee the security of any information transmitted by or to it through any means of communication or correspondence (including mail, courier service, electronic mail or other electronic means (including short message service (SMS)).
(c) Regardless of the above, you, the Cardholder and/or the Guarantor agree that Citigroup will transmit such information to the address or other relevant particulars specified by you, the Cardholder and/or the Guarantor, and that such information may not be protected with encryption, password protection or any other form of security from disclosure to unauthorized third parties. You accept the risk that such transmission of information may be received, accessed or disclosed to third parties other than the intended recipient(s).
(6)
(a) To the fullest extent permitted by law, Citigroup is not liable for any losses, costs, damages, expenses, claims and demands arising directly or indirectly in connection with any disclosure of information to third parties by Citigroup in the course of its carrying out a transaction or an instruction transmitted by any means of communication or correspondence, including where such disclosure arose out of Citigroup’s negligence or through physical or electronic interference by a third party.
(b) To the fullest extent permitted by law, Citigroup is not liable for any losses, costs, damages, expenses, claims and demands arising directly or indirectly in connection with any disclosure of information to third parties by Citigroup in the course of its carrying out a transaction or an instruction transmitted by any means of communication or correspondence, including where such disclosure arose out of Citigroup’s negligence or through physical or electronic interference by a third party.
(7) Unless otherwise notified by you, the Cardholder and/or the Guarantor in writing or by calling Citibank Phone Banking (CitiPhone), you, the Cardholder and/or the Guarantor agree and permit the Bank to send commercial electronic messages to you relating to the Bank’s products and/or services (i.e. either by way of electronic mail and/or SMS), which may be unsolicited and/or sent in bulk to the Bank’s clients.
(8) You, the Cardholder and/or the Guarantor represent and warrant that you have obtained the agreement and consent of all relevant persons, including your beneficial owners, persons under the trust, partners, committee members, security providers, directors, officers and authorized signatories, to any disclosure of information relating to them pursuant to this Clause 35.
(9) You, the Cardholder and/or the Guarantor agree that your consent in this document constitutes your consent for any such disclosure for the purposes of:
  1. section 47 of the Central Bank of Malaysia Act 2009;
  2. section 99(1)(a) of the Banking and Financial Institutions Act, 1989;
  3. any other disclosure imposed by law; and
  4. any other requirement whether statutory, contractual or otherwise and whether or not having any force of law.
 
36. Our Right to Appoint Agent
You and/or the Guarantor expressly agree that we may appoint an agent (“the Agent”) to collect all sums due to us from you under this Agreement and we may disclose to the Agent, your Card Account and any other relevant information pertaining to the Card Account to facilitate the collection of all sums due and owing to us by you and/or the Guarantor.
 
37. Conclusive Evidence
(1) Any admission or acknowledgement in writing by you or any person authorised by you and/or the Guarantor, as the case may be, of the amount of indebtedness owing to us and any judgment recovered by us against you and/or the Guarantor in respect of such indebtedness will be binding and conclusive against you and/or the Guarantor, as the case may be, in all courts of law in Malaysia and elsewhere.
(2) You and/or the Guarantor, as the case may be, expressly and irrevocably agree that a certificate of indebtedness issued by one of our officers is conclusive and binding evidence as to the any monies for the time being due and owing under the Card Account and this Agreement to us and will be conclusive evidence against you and/or the Guarantor, as the case may be, in any legal proceedings.
 
38. Our Right to Appoint Agent
You are liable to pay to us all legal costs (including costs on a solicitor and client basis), charges and expenses which we may incur in enforcing or seeking to enforce any of the provisions of this Agreement or in obtaining or seeking to obtain payment of all or any part of the monies owing by you.
 
39. Indemnity
You hold us harmless and fully indemnify us against any liability for loss, damage, costs and expenses (legal or otherwise, including costs on a solicitor and client basis) which we may incur by reason of the provisions of or enforcement of our rights under this Agreement.
 
40. Service of Legal Process
(1) Any notice, request or legal process will be deemed to have been served on you and/or the Guarantor if sent by prepaid ordinary post to your and/or the Guarantor’s last known address(es), as the case may be, (whether such address is a Post Office Box or is a place of residence or business) as may be provided to us or to our solicitors. Nothing in this section will affect our rights to serve any legal process on you and/or the Guarantor, as the case may be, in any other manner permitted by law.
(2) Such legal process or document is deemed to have been received by you on the fifth (5th) day from the date it is posted, regardless of whether it is returned through the post office undelivered.
(3) Where you and/or the Guarantor do not reside in Malaysia, you undertake to nominate an agent with an address in Malaysia to accept service of any legal process in Malaysia, if requested to do so by us. Such agent will acknowledge in writing to us of its appointment as such agent and service of legal process on the agent will be deemed good service on you and/or the Guarantor, as the case may be.
(4) For the purposes of this Section, “legal process” includes all forms of originating process, pleadings, interlocutory applications of whatever nature, affidavits, orders and such other documents and notices as may be required to be given or served under any legislation or subsidiary legislation.
 
41. Waiver
(1) Even if we have previously:
  1. accepted late payments, partial payments, or cheques or money orders marked as constituting payment in full;
  2. waived any of our rights; or
  3. granted any indulgence;
we are not prevented from enforcing our rights or collecting amounts due to us under this Agreement. In addition, such actions on our part do not constitute our consent to the variation of any of the terms of this Agreement in any way.
(2) We may waive our rights under this Agreement in certain circumstances, without affecting our other rights. If we waive any right, we do not waive the same right in other circumstances.
(3) The rights and remedies provided in this Agreement are cumulative and not exclusive of any rights or remedies provided by law.
 
42. Time of Essence
Time is of the essence of this Agreement.
 
43. Assignment
(1) Subject to applicable laws, we may at any time and without your consent assign any of our rights, title and interest under this Agreement (including your Card Account) to any institution, corporation or person.
(2) If required under any applicable laws, we will notify you of any assignment of any of our rights, title and interest under this Agreement that relates to your Card Account or related arrangements if they have the effect of:
  1. replacing us as the provider of credit to you;
  2. replacing us as the entity responsible for decisions about your Card Account;
  3. causing detriment (whether financial or otherwise) to you; or
  4. limit or reduce your rights under this Agreement.
(3) If we notify you of an assignment and you do not wish to continue your Card Account, you should notify us that you wish to close your Card Account.
(4) However, you may not assign any of your rights and obligations under this Agreement (including your Card Account) without our prior written consent.
 
44. Successors Bound
This Agreement binds our respective successors-in-title and assigns.
 
45. Severability of Provisions
If any of the provisions of this Agreement becomes or is finally determined to be invalid, illegal or unenforceable in any respect under any law, rule or regulation, all other provisions of this Agreement will still be valid and enforceable.
 
46. Governing Law and Jurisdiction
(1) This Agreement is deemed to be a contract made under the laws of Malaysia, and is for all purposes governed by and construed in accordance with the laws of Malaysia. Parties to this Agreement agree to submit to the non-exclusive jurisdiction of the Courts of Malaysia or the courts of such other competent jurisdictions as we may in our sole discretion elect.
(2) If you are a non-citizen or non-resident of Malaysia, you should be aware of the laws in your country with regards to your banking and banking relationship with us in Malaysia. We will not be liable for any loss or liability imposed by your country on you as a result of your non-compliance with any laws, regulations or directives of your country.
 
47. Execution of Further Documents
You, the Cardholder and/or the Guarantor undertake to sign any further documents as we may request.
 
48. Notification of Change
(1) You undertake and are obliged to inform us promptly if:
  1. you intend to reside outside Malaysia;
  2. there is any change or proposed change in your registered address or business address, email address and/or your contact number(s); and/or
  3. there is any change to the personal information furnished by you in our records;
and you must immediately provide us with any or other information and documents as we may require from time to time in our absolute discretion.
(2) We rely on your personal information being kept up-to-date and complete. You will not hold us liable or make any claims against us if our records are out-of-date, incomplete or inaccurate because we were not advised of the change. For purposes of informing us, you may do so:
  1. by calling Citibank Phone Banking (CitiPhone); or
  2. by writing to us in the manner provided in Clause 20 above, including via Fax Instructions or via Electronic Instructions.
 
49. Cardholder’s Departure from Malaysia
(1) If any Cardholder is absent from Malaysia for more than one (1) month, you and/or the Authorised Owner is obligated to inform us of this at least seven (7) days prior to departure.
(2) If the Cardholder leaves Malaysia to take up residence elsewhere, without affecting our right to terminate the Card and/or Card Account, you and/or the Authorised Owner must ensure that the Card is returned to us cut into halves or several pieces (including magnetic strip the microchip embedded in the Card) so that these components are completely damaged, for cancellation at least fourteen (14) days prior to the departure of the Cardholder.
 
50. Features and Benefits Renewable
In line with our commitment to upgrade the Card’s services and benefits, we may review and revise any of the features and benefits listed in any brochures printed by us or appearing on our website.
 
PHONE BANKING TERMS AND CONDITIONS
Note: This is only applicable to the Authorised Owner who is the only person authorised to use the phone banking facility for purposes of giving any instructions to us on your behalf. The word “you” will include the Authorised Owner, where applicable.

In addition to the above terms and conditions, if you request for the use of our services via telephone, whether through telephone or other telecommunication services offered by us, (the “Services”) and may have been issued a personal identifying code or number (“T-PIN”), the following terms and conditions will also apply:

(1) Regardless of the terms of any present or future mandate or other agreement between you and ourselves, we are authorised to act on and to treat and consider as valid and binding on you any telephone instructions given by any person quoting or keying in the title or number of the Card Account and the valid and current T-PIN for the Card Account or any personal information in relation to you which was previously furnished by you to us.
(2) You agree that the quoting and keying in of such information is sufficient proof of the authenticity of such instructions. We are not under any obligation to verify the identity or the authority of the person giving the telephone instructions in or purportedly in your name and we are not liable for acting on the telephone instructions which are given by the person regardless of whether the person is authorised or unauthorised and regardless of the circumstances prevailing at the time of such instructions.
(3) However, we reserve the discretion not to carry out any such instructions if we have any reason to doubt its authenticity or if in our opinion it is unlawful or otherwise improper to do so or for any other reason.
(4) You agree to keep the T-PIN strictly confidential at all times and must not disclose or permit it to be disclosed to any person. You must report to us immediately if the T-PIN has become known to any person. You must bear all consequences arising out of your failure to comply with your obligations under this provision.
(5) We may at our sole and absolute discretion require you to:
  1. confirm the instructions in writing within the period stipulated by us and/or call us to confirm the instructions and/or to provide such other information and/or execute such other documents which we may deem necessary, failing which we may treat such instructions as having lapsed; or
  2. refute the instructions in writing within the period stipulated by us, failing which we may treat such instructions as having been confirmed by you.
(6) Transactions relating to the Card Account requested by you through the use of the Services will be reflected in your next statement. Upon receipt of the statement, you are deemed to have examined all the entries, including all entries requested through the use of the Services.
(7) You are under the duty to report any errors, discrepancies or inaccuracies in the statement to us in writing, within fourteen (14) days from the date you received or are deemed to have received the statement. If for any reasons, we do not receive any such written notification from you within fourteen (14) days, you will be deemed to have accepted the entries in the statement made up to the date of the last entry in the statement as correct and as final and conclusive evidence of all facts relating to all transactions requested by you through the use of the Services. For the avoidance of doubt, this provision only applies to you without affecting our rights to make good, correct or reverse any entries to recover any monies mistakenly credited into your Card Account (whether by a third party or for our use) for which you will be liable to pay over to us.

The statement will be considered conclusive and binding as against you and your legal representatives and successors and you will be precluded from making any claim against us by alleging that the statement contains any error, discrepancy or inaccuracy in relation to the transactions requested by you through the use of the Services.
(8) For the avoidance of doubt, all terms and conditions in this Agreement relating to statements of account will apply to the extent that they are not inconsistent with the terms and conditions of this provision.
(9) Any information given by us under the Services is for reference only. We are not liable or responsible for the sufficiency or accuracy of the information so given and we reserve the right to update and vary such information at any time with notice.
(10) We are not liable for any loss, however it may arise, in connection with the carrying out or failure or delay in carrying out your instructions.
(11) We may (but are not obliged to) record the telephone instructions by recording and such recording of instructions will be conclusive and binding on you. You agree and authorise us to use such recordings (or transcript of such recordings) for purposes of any legal proceedings.
(12) All documents sent by you and received by us and all taped recordings of your instructions will be admissible as primary evidence in any civil proceedings between us and you and/or the Guarantor.
(13) We reserve the right to add to or vary any of the Services available through telephone or any of the terms and conditions here by giving you due notice in any form that we deem sufficient.
(14) We reserve the right to cancel or suspend any of the Services.
(15) You will pay us all fees and charges which we may impose in connection with the Services.
(16) The Services includes (but is not limited to) checking on the status of the Card Account, making payments and accepting the offers to participate in the products or programs as may be introduced or implemented by us in relation to or in connection with the use of the Card.
(17) The terms and conditions here are in addition to and not in substitution for any other agreements, mandates, terms and/or conditions relating to the Card Account.
 
CITIBANK ONLINE TERMS AND CONDITIONS
In addition to the above terms and conditions, if you request for the use of our services through Citibank Online, the terms and conditions of our online terms and conditions will apply in addition to and not in substitution for any terms and conditions contained in this Agreement. You can view Citibank Online terms and conditions at www.citibank.com.my.
View / Print T&C
 

Citibank Credit Card Agreement Terms and Conditions

This document contains the terms and conditions governing the legal relationship between Citibank Berhad and you, in respect of all CitiBusiness credit cards issued at your request.

By allowing the CitiBusiness credit card(s) to be used, you shall be deemed to have accepted the terms and conditions herein and shall be bound by them.

Definitions

To simplify this Agreement for you, the following definitions will apply.

The words you, your and yours mean the business entity which may be a corporation, partnership, sole proprietorship or such other entity at whose request and for whose benefit the Card is issued and includes the successors-in-title, heirs and personal representatives, as the case may be.

The words we, us and our mean Citibank Berhad (297089-M), the issuer of the Card.

The words "Authorised Owner" mean the individual whom you have designated in writing as being authorised to apply for the Card Account and perform all administrative duties for and on your behalf including giving instructions (which can be either oral or in writing) to us and settling all payments due under the Card Account. For the avoidance of doubt, any provisions in this Agreement affecting or relating to the Authorised Owner in his capacity as Authorised Owner and not as a Cardmember, if applicable, shall be binding on you.

The words "Authorised Signatory" mean the individual or individuals, including the Authorised Owner, whom you have designated in writing as being authorised to give instructions and perform all administrative duties for and on your behalf including settling all payments due under the Card Account, which instructions to us must be in writing only. For the avoidance of doubt, any provisions in this Agreement affecting or relating to the Authorised Signatory in his capacity as Authorised Signatory and not as a Cardmember, if applicable, shall be binding on you.

The word "Card", unless stated otherwise, means one or more credit cards, with or without a cash rebate facility, or other access devices such as account numbers, that we have issued to permit a Cardmember(s) to obtain credit under this Agreement.

The words "Card Account" mean the VISA and/or MasterCard business credit card account which we have opened in your name and includes all Sub-Accounts unless expressly provided otherwise.

The word "Cardmember", unless stated otherwise, means any individual or individuals who has or have been issued a Card or Cards under the Card Account.

The words "Credit Limit" mean the limit of the credit granted by us to you under the Card Account and includes all Sub-Limits, if applicable.

The words "Current Products Payment Sum" mean the sum of all monthly instalments which are due and payable by you to us in accordance with the respective terms and conditions of the products implemented, amended and/or substituted by us from time to time shown as due in the statement or in any other written notice communicated by us to you.

The word "Guarantee" means the guarantee, which shall be a joint and several guarantee in the event there is more than one (1) guarantor, in form and substance acceptable to us (as originally executed or as may be amended from time to time) provided or to be provided by the Guarantor as security for the obligation under the Card Account.

The word "Guarantor" means one or more of those individuals and/or corporations who has or have agreed to stand as guarantor or guarantors as we any other individuals and/or corporations who may at any time be or become a guarantor for the Business in respect of all amounts which may be due and owing to us under or in connection with the Card Account, and includes his or their estate, heirs, personal representatives, successors-in-title and permitted assigns, as the case may be. In the event there is more than one individual and/or corporation comprised in the term "Guarantor", the liability of such individuals and/or corporation shall be joint and several.

The words "MasterCard" or "MasterCard International" mean MasterCard International Incorporated, a company registered as per the laws of Delaware, U.S.A. and whose office is situated at 2000 Purchase Street, NY 10577-2509 and includes its successors-in-title and assigns.

The words "Ordinary Transactions" mean all transactions effected through the use of the Card other than transactions in respect of which the Current Products Payment Sum is payable.

The word "Shared Limit" means the Credit Limit which you have elected to be shared by all Cardmembers without assigning any specific Sub-Limit to any Cardmember provided that the aggregate of the amounts incurred by all Cardmembers shall not at any time exceed the Credit Limit.

The word "Sub-Account" means the sub-account assigned to the Cardmember by you under the Card Account.

The word "Sub-Limit" means the sub-limit assigned to the Cardmember by you, if applicable, from the Credit Limit.

The words "Visa" or "Visa International" mean VISA International Service Association, an association incorporated in the State of Delaware, United States of America with its registered office at 900, 901, 800, Metro Center Boulevard, Foster City, CA 94404-2172, United States of America of which we are a member institution and includes its successors-in-title and assigns.

The words "your Other Bank Accounts" mean your other bank account or accounts with us apart from the Card Account and includes your joint account with a third party (if any) and account(s) with us in respect of any banking facilities granted to you solely or jointly with a third party (if any).

1. Evidence of Agreement

Our agreement to open the Card Account for you and to issue the Card is subject to you causing the Guarantor to provide to us the Guarantee, if so required by us. The stamp duty payable on the Guarantee shall be borne by you and we shall be entitled to automatically charge the amount of the stamp duty to the Card Account and/or any of the Sub Accounts. Where you are a partnership, all persons who are partners as at the time of the opening of the Card Account shall be liable to pay to us all amounts as may howsoever be due to us under the Card Account and hereunder notwithstanding that such person or persons may at any time after the opening of the Card Account cease to be a partner or partners of the partnership and notwithstanding that notice of such cessation may have been given to us.

Subject to us having received the Guarantee, if required by us, this Agreement shall become effective and binding on you when any Cardmember signs, activates or uses his Card.

The use of any Card and the operation of the Card Account shall also be subject to our prevailing terms, conditions and regulations governing your Other Bank Accounts with us (including your joint account with a third party) and Bank Negara Malaysia Foreign Exchange Administration Rules.

2. Sub-Account, Card Account and Liability Thereunder

No Card will be issued to you under the Card Account (not including the Sub- Account). At your request, a Card may at our discretion be issued to an individual nominated by you to be a Cardmember provided that the total number of Cards issued will not exceed ninety nine (99).

Each Cardmember will have a Sub-Account to which will be charged all transactions effected by the Cardmember through the use of his Card as well as all fees and charges imposed or levied in respect of his Card.

The Card Account is made up of all Sub-Accounts and all amounts incurred under each Sub-Account will automatically be deemed to be incurred under the Card Account.

You shall be solely liable for all amounts owed under the Card Account including each Sub-Account even if any Cardmember has breached or exceeded that authority given to him by you.

3. Using the Card and the Credit Line

The initial Credit Limit granted to you and the Share Limit or the Sub-Limit assigned to the Cardmember, as the case maybe, will appear on the respective Card carriers. If you have assigned a Sub-Limit to each Cardmember, you may at any time vary the Sub-Limit of each Cardmember provided that the aggregate of all Sub-Limits shall be less than or equal to the Credit Limit given to you.

At our discretion,we may change the Credit Limit at any time.Wewill notify you of any new Credit Limit either by sending you a notice or through the billing statement sent to you. A change may take effect before you receive notification from us. You may request a change to the Credit Limit by contacting us through CitiPhone or written instruction to us and sent to the address or facsimile number designated by us.

Subject to the Credit Limit, the Share Limit and the Sub-Limit assigned to each Cardmember, as the case may be, being observed, each Cardmember is allowed to buy goods and services wherever the Card is honoured and/or obtain cash advance from our bank counters or automated teller machines that accept the Card.

The total amount charged to the Card Account, including purchases, balance transfers, cash advances, finance charges, fees and other charges, whichever is applicable,must not exceed the Credit Limit. However, if that total amount exceeds the Credit Limit, you must still pay us. We may at our absolute discretion approve transactions that cause the Cardmember and you to exceed the Sub-Limit, the Shared Limit and/or the Credit Limit as the case may be, without waiving our rights under this Agreement.

4. Authorised Owner and Authorised Signatory

In relation to the Card Account, we will only recognise and accept instructions and/or communications given to us by either the Authorised Owner and/or Authorised Signatory whose instructions and/or communications shall be deemed to be from you. Instructions and/or communications from the Authorised Signatory must be in writing only whereas instructions from the Authorised Owner may either be in writing or oral.

In the event we receive contradictory instructions from the Authorised Owner and the Authorised Signatory, the instructions of the Authorised Owner shall prevail provided however that if we have already acted upon any instructions, we shall be entitled to ignore any subsequent contradictory instructions even if the subsequent contradictory instructions are from the Authorised Owner.

All communications, information, documents and the Card if given to the Authorised Owner shall be deemed to be given to you and it shall be sufficient if any communications, information, documents and/or the Card required to be given to you is given to the Authorised Owner.

Without prejudice to the authority given to the Authorised Owner and Authorised Signatory herein, in relation to each Sub-Account, we will only recognise and accept instructions and/or communications to us whether orally or in writing if they are given by the Cardmember of the Sub-Account concerned except where such instructions relate to any increase in his Sub-Limit, Shared Limit and/or the Credit Limit. Notwithstanding the foregoing, we shall have the absolute discretion whether to act on any instruction or communication from any Cardmember.

5. Card

The Card shall be delivered to you and you shall ensure that the Card is delivered to the respective Cardmember together with a copy of this Agreement.

The Card is and shall all times remain our property and shall be surrendered to us immediately upon our request or the request of our duly authorised agent. Upon expiry of the Card, the expired Card shall be surrendered to us immediately for a new Card to be issued entirely at our absolute discretion whether to do so.Without prejudice to the foregoing, we shall be at liberty to issue a new Card at our absolute discretion upon the expiry of the Card. The Card is valid for so long that the Card Account is not terminated. Upon the termination of the Card Account for whatever reason, the use of the Card shall also terminate.

The Card shall not be transferred and shall be used exclusively by the person whose name appears on the Card. The Card shall not be pledged as security for any purpose whatsoever.

The Card may be used in connection with the facilities made available by us from time to time including but not limited to the following:-

  • the payment for purchase of goods and/or services which payment shall be charged to the Sub-Account and the Card Account;
  • any cash advance facility which shall be debited to the Sub-Account and the Card Account; and
  • any other facilities as may be offered by us from time to time, subject to prior arrangement with us.

The Card must not be used for any unlawful activities. Any online betting and/or gambling activities are also prohibited and you agree that we do not owe you any duty and/or obligation whatsoever to monitor and block the use of the Card for any unlawful activities. If we do find that any Card has been used for unlawful activity, we shall be entitled without prejudice to our right to terminate the Card Account and immediately terminate the use of the Card without prior notice to you or the Cardmember. Credits of any winning, unspent chips, or other value usable for gambling transactions will not be accepted nor credited into the Sub-Account or the Card Account.

The Card shall only be used solely for legitimate business and/or commercial purposes.We shall be entitled to block the authorisation for the use of the Card for any business or commercial purposes which are deemed to be unacceptable by us. You shall however still be liable for all amounts incurred through the use of the Card even if the Card is not used for legitimate business or commercial purposes.

Only the Authorised Owner may at any time terminate the use of any Card by a written notice to us and returning the Card to us at your own costs and expense. Termination of the use of a Card does not necessarily terminate the operation of the Card Account unless you request for the termination. No refund of the annual fee or any part thereof will bemade and you shall remain liable for any transaction effected through the use of the Card prior to the termination of the use of the Card.

6. Citibank Credit Card Products

We may from time to time introduce products or programmes linked to or in relation to or in connection with the use of the Card including but not limited to products or programmes that offer promotional rates, reduced rates or interest, interest-free days, instalment repayments or other special terms as we may apply from time to time to a category of transactions. We will tell you of the terms and conditions of such products or programmes at the time of the introduction of the products or programmes. The terms and conditions of such products and programmes are binding on you as if the same are contained herein. In the event of any conflict between the terms and conditions of this Agreement and the terms and conditions of the special products or programmes, the terms and conditions of the special products or programmes shall prevail unless expressly stated otherwise in the terms and conditions of the special products or programmes.

More than one special product or programme may apply to the Card and/or the Card Account at the same time.We shall be at liberty to introduce and terminate any such special products and programmes from time to time at our absolute discretion.

7. Transactions with Merchants

We shall be entitled to disclose to any merchant to whom the Card may be presented or any member institution of VISA International and/or MasterCard International, the account number and any other information which may be necessary to facilitate the use of the Card or the processing of any transaction effected or to be effected through the use of the Card.

Without prejudice to the above, we shall not be responsible for the refusal of any merchant or member institution of VISA and/or MasterCard to honour or accept the Card or for any defect or deficiency in the goods or services supplied to the Cardmember by any merchant.

We are not responsible for goods and services purchased with the Card, whether at the merchant's premises, written instructions sent by mail, email or facsimile, telephone order, online internet or any other means by which you have authorised the use of the Card for the purchase of goods and services. You agree to settle all disputes directly with the merchant who honoured the Card or the member institution of VISA and/or MasterCard and you shall pay us all amounts required by this Agreement despite such disputes. You shall not be entitled to set-off or counterclaimagainst us or to withhold payment to us on account of such complaint or under any circumstances whatsoever in respect of the claim against the merchant or the member institution of VISA and/or MasterCard.

The Cardmember should ensure that the transaction amount is correct before he signs the sales voucher or transaction records given to the Cardmember by merchants or a financial institution when the Cardmember uses the Card and before the Cardmember enters his PIN or other identifying number or password at an electronic banking facility or internet. By signing a voucher or transaction report or entering the PIN or other identifying number or password at an electronic banking facility or internet, the Cardmember indicates his acceptance that the transaction amount is correct and you shall be bound by the Cardmember's acceptance.

8. Auto-Billing Facilities with Citibank One Bill Merchants

For the purpose of this section: -

Service shall mean the auto-billing service which you or the Cardmember have/has registered for howsoever in relation to payments due to the Merchant.

Merchant shall mean the participating merchants for the Service as from time to time listed in our Website.

In the event that a replacement card is obtained for reasons of fraud, replacement of lost, stolen or damaged card, renewal of expiring card or upgrading of existing card, we shall ensure that all instructions for the Service shall be transferred to the replacement card to ensure the non-interruption of the Service.

If the replacement Card option is not applicable, we may at its sole and absolute discretion (which discretion shall not be questioned) elect not to make any payment of the said Charges to all or any of the merchant, in which event you shall be responsible for paying the unpaid said Charges directly to the Merchant.

You and the Cardmember hereby authorise us to disclose the replacement card details to the Merchant from time to time for purposes in relation to providing the Service and expressly consents to such disclosure and confirms and declares that no further consent from you is necessary or required in relation thereto and we shall be under no liability for disclosing such information. This shall constitute the consent required pursuant to Section 99(1)(a) of the Banking and Financial Institutions Act 1989 and any other contractual consent for such disclosures.

In consideration of us agreeing to provide the Service, you undertake to indemnify us against all losses, costs, damages, expenses, claims and demands which we may incur or sustain as a result of the provision of the Service.

The Service may be terminated by either of us by giving to the other party not less than one month's notice in writing or via phone call to our Phone Centre. Termination of the Service shall not terminate the Credit Card Agreement between you and us. In the event the Credit Card Agreement is terminated for whatever reason, the Service and our agreement to make payment to the Merchant under the Service shall immediately terminate.

Notwithstanding the Service herein, all terms and conditions existing between the Merchant and you or the Cardmember and your or the Cardmember's obligations therein contained shall continue to be binding between you or the Cardmember and the Merchant.

9. Internet Transactions

If the Cardmember uses the Card to purchase goods and/or services through the online internet sites or portals, the Cardmember shall be solely responsible for the security of such use at all times. You agree that the entry of the Card information on the Internet shall be sufficient proof of the authenticity of such instructions. We shall not be under any obligation to verify the identity or the authority of the person entering the Card information and we shall not be liable for acting on such use of the Card regardless of whether the person is authorised or unauthorised and regardless of the circumstances prevailing at the time of the transaction. However, we reserve the discretion to not carry out any such transaction over the Internet if we have any reason to doubt its authenticity or if in our opinion it is unlawful or otherwise improper to do so or for any other reason.

10. ATM Transactions and Electronic Banking Services

Where any cash advances via the Automated Teller Machines ("'ATM") are made available to the Cardmember, we will provide a Personal Identification Number ("PIN") to each Cardmember. The PIN is strictly confidential and the Cardmember shall not disclose the PIN to any person under any circumstances or by any means whatsoever whether voluntarily or otherwise. We will issue and deliver the PIN to you at your and the Cardmember's own risk. You and the Cardmember should not keep any written record of the PIN of the Cardmember at any place or manner which may enable a third party to have access and/ormake use of the Card. Failure to comply with this requirement will expose you to the consequences of theft and/or unauthorised use of the Card, for which we will not be in any way liable. You shall hold us free from all claims and liabilities from all parties whomsoever arising from the use of the PIN whether authorised or otherwise.

11. Disclosure of PIN, or Loss, Theft or Unauthorised Use of Card

You shall be and remain liable to us for any goods and services supplied by the merchants and cash advances effected through the use of the Card whether or not you have authorised such usage.

You shall ensure that the Cardmember uses all reasonable precautions and diligence to prevent any (i) disclosure of the PIN to any person, and/or (ii) loss, theft or unauthorised use of the Card. In the event of the occurrence of any of the aforesaid events, youmust report to us (and in the case of (ii), to the police aswell) immediately, followed by awritten confirmation to us (in the case of (ii), togetherwith a copy of the police report) no later than seven (7) days from the occurrence of the event.

All charges arising from all transactions effected through the use of the Card whether authorised or otherwise including all cash withdrawals and advances shall be deemed to have been made by the Cardmember, and you shall be liable for all such charges once the Card has been delivered to you and for the purposes of this provision until such time you shall have reported any loss, theft or unauthorised use of the Card promptly to us, our records of any transaction effected through the use of the Card shall be conclusive and binding upon you.

At our absolute discretion, we may resolve that your liability be limited to RM250.00 (or such amounts as we may determine from time to time) on a per lost Card basis only in respect of transactions effected through the use of the Card for the period of one (1) hour prior to you reporting to us of the loss or theft or unauthorised use of a Cardmember's Card on proof that he had in good faith exercised reasonable care and diligence to prevent such loss or theft or unauthorised use of his Card and that you had promptly reported the loss or theft or unauthorised use of his Card to us. Without prejudice to our rights and notwithstanding that the Cardmember may have exercised all reasonable precaution and diligence to prevent the loss or theft or unauthorised use of his Card and you have reported the loss or theft or unauthorised use, you shall remain liable to us if the Cardmember has acted fraudulently in that he was involved in the procurement of goods or services supplied by any merchant or cash advances effected through the use of his Card by any person or if you have failed to inform us upon the Cardmember discovering that his Card has been lost or stolen or used for purposes unauthorised by you.

When the lost or stolen Card is found, you shall ensure that the Cardmember does not use the Card so retrieved but shall return the same, cut into half, to us immediately upon retrieval of his Card.

We are under no obligation to issue a replacement card following its loss or theft. Any replacement card will be subjected to a replacement card fee as we may determine from time to time. Upon any loss, theft and/or unauthorised use of the Card or upon discovery that any person or persons have acquired knowledge of the PIN, you may request us to issue a replacement Card and we shall have the right at our sole and absolute discretion to accept or to refuse such request without having to assign any reason whatsoever.

12. Prevention of Unauthorised Usage of Replacement of Damaged Card, Renewal of Expiring Card and Upgrading of Existing Card

You shall ensure that the Cardmember uses all reasonable precautions and diligence to prevent the unauthorised use of the unexpired old Card upon replacement of damaged Card, early renewal of expiring Card and upgrading of existing Card.

To prevent unauthorised usage, you or the Cardmember shall destroy the damaged/expiring/obsolete Card by cutting it into several pieces ensuring that the chip and magnetic stripe portion is completely damaged before disposing the Card.

All charges arising from all transactions effected through the use of the Card when it has been carelessly disposed including all cash withdrawals and advances shall be deemed to have been made by you and you shall be liable for all such charges.

Without prejudice to our rights and notwithstanding that you may have exercised all reasonable precaution and diligence to prevent the loss or theft or unauthorised use of the Card, you shall remain liable to us if you or the Cardmember have acted fraudulently in that you or the Cardmember were involved in the procurement of goods or services supplied by any merchant, cash advances or ATM transactions effected through the use of the unexpired old Card.

13. Cash Advance Facility

The Cardmember may obtain cash advances of such amounts as may be decided by us at our absolute discretion from time to time by the following means:-

  • presenting his Card at any of our branch or of any member institution of VISA and/or MasterCard together with evidence of his identification and signing the necessary transaction record; or
  • if we have provided the Cardmember with the PIN, using his Card at any of our ATM or the ATM of any other bank or institution with whom we have an arrangement(s) for the use of the ATM of the said bank or institution (in which case the amount of each advance will be further subject to the applicable daily withdrawal limit imposed by such other bank or financial institution).

For all inter-country transactions via ATM and/or any member institution of VISA and/orMasterCard, the exchange rates (if applicable) shall be the prevailing exchange rates which shall be determined by us at our sole discretion and all such transactions shall not violate the laws existing in the country where the transactions are effected.

The Cardmember's use of his Card to obtain a cash advance shall be deemed to constitute your agreement to pay interest on each cash advance and cash advance fee as we may prescribe from time to time.

Interest shall accrue on each cash advance from the date of the advance until repayment in full at the current rate of 1.5% per month (or 18% per annum) or such other rate as we may prescribe from time to time.

A fee of 5%or such other rate as may be prescribed by us from time to time shall be imposed on the amount of each cash advance (subject to a minimum of RM20.00 or such amount as we may determine from time to time) and charged to the Sub-Account and the Card Account.

For the avoidance of doubt, any withdrawal of excess credit in a Sub-Account through the use of a Card or by requesting us to issue the Cardmember a cheque for such withdrawal shall be treated as a cash advance and all terms and conditions relating to cash advance shall apply to such withdrawal of funds.

The monthly statement issued to you will show the interest that has been accruing on cash advance until the date of repayment in full and the cash advance fee.

14. Transactions Made in Foreign Currencies

If a transaction is made in foreign currency, VISA or MasterCard will convert the transaction into a Ringgit Malaysia equivalent at the conversion rate as determined by VISA or MasterCard as at the date it is processed by VISA or MasterCard.

In addition, administration costs at such rates as shall be determined by us and VISA or MasterCard for the conversion of the transactions made in foreign currencies will be imposed.

15. Entrance Fee, Annual Fee, Handling Charge and Other Fees/Charges

We will charge the following fees to each Sub-Account:-

  • an entrance fee of an amount as we may prescribe for the Card to be issued;
  • an annual fee of an amount as we may prescribe for the issue of a Card and for each renewal of a Card;
  • a handling charge as we may prescribe for a replacement card to be issued;
  • a transaction and/or conversion fee or any fee referred to by any other name as we may prescribe for any foreign currency transactions;
  • a statement request charge as we may prescribe to be imposed in the event you shall request for any statement which is more than two (2) months prior to the date the request was made or a Cardmember shall request for a memo statement in respect of his Sub-Account;
  • charges and fees as we may prescribe for the provision of copies of sales/cash advance drafts or any other documentation;
  • overlimit fee of an amount as we may prescribe for the amount charged to the Sub-Account which is in excess of the Sub-Limit or the Shared Limit, as the case may be; and
  • such other charges and fees not stipulated above as we may prescribe from time to time.

All fees paid to or in connection with the Card to us are non-refundable under any circumstances whatsoever.Wemay apply payments to our promotional credit plan balances before other account balances.

16. Statement of Account

No statement will be sent to a Cardmember unless he requests for it in which case, we are entitled to impose a statement request charge as we may prescribe.

A statement in respect of each Sub-Account and the Card Account shall be sent to your last known address in our records and such statement shall be deemed to have been received by you on the fifth day after posting. We will normally send a statement to you monthly on the statement date for active accounts, i.e. accounts which show some monetary activities within a continuous period of six (6) months for each account. The statement shows the total balance, any finance charges, fees, charges, the minimum amount due and the payment due date. It also shows amongst others your current Credit Limit and the Shared Limit or the Sub-Limit of each Cardmember, as the case may be, as well as an itemised list of current charges, payments and credits in the Card Account and each Sub-Account.

Upon receipt of the statement, you shall examine all entries in the statement and ensure that the Cardmember examines all entries in respect of his Sub-Account and as stated in the statement. You are under the duty to report in writing to us of any error in the statement within fourteen (14) days from the date you receive or are deemed to have received the statement. If for any reasons whatsoever, we do not receive a written notification from you within the aforesaid fourteen (14) days of any error in the statement, then you shall be deemed to have accepted the entries in the statement made up to the date of the last entry in the statement as correct and as final and conclusive evidence of the facts contained in the statement. The statement will be considered conclusive and binding as against you and your legal representatives and successors and you shall therefore be precluded from making any claim against us by alleging that the statement contains any error. For the avoidance of doubt, proof of sending of a written notification to us is not proof of receipt by us of your written notification if we are not in receipt of your written notification.

If you dispute any transactions stated in the statement, we may in our absolute discretion deem fit conduct any investigation(s) regarding the disputed transaction(s) wherein the following shall apply:-

  • If our investigation(s) reveal or indicate that you are liable for any of the disputed transaction(s), we shall be entitled to levy the following charges:-
    1. an investigation(s) charge(s) as we may deem fit to charge; and
    2. finance charge(s) from the date of the disputed transaction(s) until the finalisation of our investigation(s).
  • No finance charge(s) and/or investigation charge(s) shall be levied in the event that the investigation(s) reveal that you are not liable for any of the disputed transaction(s).

Our findings in any investigation conducted in relation to the Card Account shall be conclusive, final and binding on you and shall not be opened for questioning in any event.

17. How We Determine the Balance

The outstanding balance appears as the Current Balance on the statement. To determine the Current Balance, we begin with the outstanding balance on the Card Account at the beginning of each billing period, called the "Previous Balance" on the billing statement. We add any purchases or cash advances and subtract any credits or payments credited as of that billing period. We then add the appropriate finance charges and fees and make the applicable adjustments.

18. Finance Charge

There shall be no finance charge imposed on the full amount shown as due in the statement ("Current Balance") provided that you pay the Current Balance in full not later than the payment due date specified in the statement ("Payment Due Date").

Upon receipt of the monthly statement, you may choose to pay the Current Balance in full or if you choose not to settle the Current Balance in full, you shall pay the Specified Minimum Payment on or before the Payment Due Date. "Specified Minimum Payment" means:

  1. where the Current Balance does not exceed your Credit Limit, minimum payment is calculated at 5% of [(Outstanding Balance) + (Finance Charges + Annual Fee + other fees and charges) (if any)] + (Overlimit Amount) (if any) + (Non-revolving Installments) (if any); OR [1% of Outstanding Balance] + (Finance Charges + Annual Fee + other fees and charges) (if any) + (Overlimit Amount) (if any) + (Non-revolving Installments) (if any); OR RM50, whichever higher.
  2. where the Current Balance exceeds your credit limit, the amount in excess of your credit limit (Overlimit amount) plus (i) above. An Overlimit fee will be charged into your account. The fee amount will be as specified in the monthly statement.

If you pay us less than the Current Balance or make no payment or only part payment by the Payment Due Date or make payment after the Payment Due Date or a cash advance has been taken, you shall pay us a finance charge.

Finance charges would be at the rate prescribed by Bank Negara Malaysia under its guidelines (or such other rate that may be lower as determined by us at our sole discretion) which will be specified in the monthly statement and shall be computed on:

  1. all transactions inclusive of cash advance, charges, fees, costs and incidental expenses charged to you in connection with the use of the Card commencing from the day they are posted to the card account on their respective posting dates.
  2. the unpaid balance or balances carried forward from the previous statement or statements, commencing on the respective dates for the computation of finance charges as set out in (i) above;
  3. the unpaid balance or balances carried forward from the previous statement or statements, commencing on the respective dates for the computation of finance charges as set out in (i) above;

Interest free period of 20 days from the statement due date for new Retail transactions is only applicable for Cardmembers with no outstanding balance from the previous month's statement.

All unpaid finance charges shall on the date of each statement or at such other intervals as we may determine be capitalised and added to the principal sum then owing and shall henceforth incur finance charges at the rates aforesaid both before as well as after any court order or judgment, until full and final settlement.

If the Specified Minimum Payment amount shall be unpaid or partly paid or is paid after the Payment Due Date, we may in our absolute discretion deem fit, without prejudice to our right to terminate the use of the Card and the Card Account, impose such fee as we may determine until the Specified Minimum Payment is paid in full and/or may allow you to pay:-

  • if the Current Balance does not exceed the Credit Limit, the current Specified Minimum Payment and the unpaid previous Specified Minimum Payment;
  • if the Current Balance exceeds the Credit Limit, the current Specified Minimum Payment and the excess over the Credit Limit and the unpaid previous Specified Minimum Payment.

19. Late Payment Charges

If we do not receive at least the Specified Minimum Payment on the Payment Due Date, you shall also pay a late payment charge as shall be specified in the Statement by way of liquidated damages and not as penalty. All unpaid late payment charges shall on the date of each statement or at such other intervals as we may determine be capitalised and added to the principal sum then owing and shall henceforth incur late payment charges at the rates aforesaid both before as well as after any court order or judgement, until full and final settlement.

20. SMS Reminder

In respect of the Card Account, we shall be entitled at any time and at our sole discretion to send to the Authorised Owner reminders in respect of the amount of the Specified Minimum Payment and the Payment Due Date each month ("Reminder"), whether or not you and/or the Authorised Owner has or have requested for the same and the Authorised Owner may be notified of each Reminder via mobile phone (if supported by the Authorised Owner's phone operator) subject to the relevant terms and charges of the phone operator.

You are fully aware that the Authorised Owner's receipt of each Reminder may be delayed or prevented by factor(s) affecting the relevant service provider(s), phone operator(s), currencymarket(s) and any other relevant entities. You accept that we neither guarantee the delivery nor accuracy of the contents of each Reminder and shall not be liable to you or anyone else for losses or damages arising from:

  • a non-delivery, delayed delivery or wrongful delivery of each Reminder;
  • inaccurate content of each Reminder; or
  • your use or reliance on the contents of any Reminder for any purposes.

The information in respect of any Reminder may be subject to certain time lags and/or delays. The features of any Reminder may at any time be varied or discontinued by us, with or without notice, at our absolute discretion.

21. Cheque Return Payment Fee

We shall be entitled to levy an administration charge as we may prescribe from time to time if any cheque presented by you for payment is dishonoured due to but not limited to insufficient funds or ambiguous amount.

22. Payments

You will pay us in the billing currency. The billing currency is Ringgit Malaysia. Payments by you to us shall not be considered to have been made until all relevant funds have been received for value by us and entered into our records on the day following receipt of payment by us. Payments can bemade by cash, cheques, direct debit to the Card Account from your Other Bank Accounts or through the Inter- Bank GIRO system or otherwise. All payments by cheques must include the inland exchange commission, where applicable, failing which we are entitled to debit the Card Account accordingly or to exercise our right of set-off as we deem fit.

Payments and credits to the Card Account may be applied in the following order: firstly, finance charges, fees, including legal fees (on a full indemnity basis) or other charges and lastly, the outstanding principal amount of the transaction from the lowest finance charge rates to highest finance charge rates; or in any other order as we consider appropriate without prior reference to you.

23. Excess of Credit Limit

You shall ensure that each Cardmember shall and undertake not to operate the Sub- Account such that the aggregate amount owing to us shall exceed the Credit Limit, the Shared Limit and/or the Sub-Limit, as the case maybe, without our prior written approval being obtained. In the event the Credit Limit, the Shared Limit and/or the Sub-Limit, as the case maybe, is exceeded, you shall forthwith pay us upon demand the excess amount in full failing which Card Account or the relevant Sub-Account shall be deemed terminated and the provisions relating to the termination shall apply.

24. Events of Default

We may terminate the Card Account and/or any of the services offered with or without prior notice notwithstanding that we may have waived our rights on some previous occasion upon the occurrences of any one or more of the following events:-

  • if you shall fail or default in payment of any sum of money due from you to us at any time under the Card Account;
  • if you shall be liable to us on any of your Other Bank Accounts;
  • if any of your indebtedness and/or the indebtedness of the Cardmember and/or Guarantor (if applicable) with us or any other financial institution(s) shall become capable, in accordance with the relevant terms thereof, of being declared due prematurely by reason of a default by you, the Cardmember and/or the Guarantor (if applicable) in your/his obligations in respect of the same, or if due on demand when demanded or the security for any such indebtedness becomes enforceable or any loan, advance or credit made available to any of you, the Cardmember and/or the Guarantor (if applicable) is withdrawn. For the purposes hereof, "indebtedness" includes any obligation (whether present or future, actual or contingent, direct or indirect, secured or unsecured, several or joint, as principal or otherwise) for the payment and repayment of money;
  • if the Card shall be used for any unlawful activities such as online betting and/or gambling activities;
  • if you and/or the Cardmember shall commit or threaten to commit a default or breach of any agreements, covenants, stipulations, terms or conditions set out in this Agreement on your and/or his part to be observed and performed;
  • if any Cardmember and/or the Guarantor (if applicable) shall leave Malaysia to take up residence elsewhere;
  • if any Cardmember and/or the Guarantor (if applicable) shall die or become insane;
  • if you, the Cardmember and/or the Guarantor (if applicable) shall be wound-up or dissolved or adjudged a bankrupt (if applicable);
  • if a petition shall be presented against any of you, the Cardmember and/or the Guarantor (if applicable) for bankruptcy, winding-up, liquidation or for the appointment of a judicial manager, or a trustee, or a similar officer is appointed of all or a substantial part of your assets and/or the assets of the Cardmember and/or the Guarantor (if applicable);
  • if you, the Cardmember and/or the Guarantor (if applicable) shall be unable to pay your debts or his or its debts (if applicable) as they fall due or suspend payment thereof or enter into composition or arrangement with your creditors, the Cardmember's creditors and/or the Guarantor's creditors (if applicable), or commit an act of bankruptcy or become insolvent;
  • if a distress or execution or other process of a court of competent jurisdiction is levied upon or issued against any of your property and/or the property of the Cardmember and/or the Guarantor (if applicable) and such distress, execution or other process as the case may be is not satisfied by you, the Cardmember and/or the Guarantor (if applicable) within 21 days of such order;
  • if a receiver shall be appointed in respect of your assets, the Cardmember's and/or the Guarantor's assets (if applicable) or any part thereof or a meeting, whether formal or informal shall be called by your creditors, the Cardmember's creditors and/or the Guarantor's creditors (if applicable) or any of them;
  • if you, the Cardmember and/or the Guarantor (if applicable) shall allow a judgement debt obtained against you, the Cardmember and/or the Guarantor (if applicable) to remain unsatisfied for a period of 7 days from the date of the order (other than judgement debt on which you, the Cardmember and/or the Guarantor (if applicable) shall have obtained a stay of execution and filed a Notice of Appeal within the time prescribed by law);
  • if there shall have been any change in the nature or scope of your business or in your constitution or composition or in your management, control or shareholding or in the structure thereof;
  • if there shall have occurred a material adverse change in your, the Cardmember's and/or the Guarantor's (if applicable) business, assets and financial position;
  • if you, any Cardmember and/or the Guarantor (if applicable) shall have furnished false information or data to us;
  • if your whereabouts or the whereabouts of any Cardmember and/or the Guarantor (if applicable) shall be unknown to us;
  • if in our absolute opinion, the Card Account and/or your Other Bank Accounts is or has not been operated satisfactorily;
  • if you or any Cardmember shall wish to terminate the Card Account and/or the Sub-Account respectively;
  • if an event or events shall have occurred or a situation exists which should or might in our opinion prejudice your ability to perform your obligations under this Agreement;
  • if we shall in our absolute discretion decide to cancel or terminate the Card Account; or
  • if the Card shall be used for non-business or commercial purposes, or if it is used for business and/or commercial purposes which we shall deem not acceptable to be transacted using the Card.

Upon termination of the Card Account, the whole outstanding balance on the Card Account shall become immediately due and payable to us and all further monies debited to the Card Account after the date of such termination including all interest, fees and charges shall become due and payable upon its entry into the Card Account.

If we obtain judgement from any court for any sum owing under this Agreement, any interest, finance charge, late payment charge or any other charges payable shall continue to be payable from the date of judgement until the date of full payment of such sum of money so adjudged to be payable to us.

If you breach or default in respect of the Card Account, this will result in you being in breach or default of your Other Bank Accounts. If we are entitled to invoke remedies in respect of one Card Account, we shall then be further entitled to invoke such remedies in respect of all your Other Bank Accounts.

25. Review, Suspension, Withdrawal of Any Facilities or Terminate Use of Card

We shall have the right at our absolute discretion to review, suspend, restrict, withdraw and/or in such circumstances if we so deem fit, terminate or impose conditions for the use of the Card including all or any of the facilities provided by us in connection with the Card at any time with or without notice and without assigning any reasons for it, notwithstanding that we may have waived our rights on some previous occasions.

26. Right to Restrict or Refuse Credit

We shall be entitled at any time (in our absolute discretion and without giving notice thereof to you or assigning any reason thereon) to restrict or limit the credit to you or any Cardmember or refuse and otherwise withhold credit.

If we detect unusual or suspicious activity on a Sub-Account, we may temporarily suspend the credit privileges until we can verify the activity.

27. Our Right to Check Credit Standing

We shall have the absolute right to check your credit standing and/or the credit standing of any Cardmember and/or Guarantor at any time as and when we deem fit without reference to you.

28. Telephone Monitoring and Recording

You authorise us to contact the Authorised Owner by telephone about the Card Account. You agree that we may place such telephone calls using an automatic dialing and that such calls will not be unsolicited calls. From time to time we may monitor and/or record telephone calls between the Authorised Owner and us. You agree that monitoring and/or recording may be done and that no additional notice to you or additional approval from you is needed.

29. Consolidation of Accounts and Set-Off

In addition to any general right of set-off or other rights conferred by the law on us, we shall in our absolute discretion at any time and without notice be entitled to combine or consolidate all or any of your accountswith us ofwhatever description and wheresoever located andwhether in RinggitMalaysia or in any other currency and set-off or transfer any sums standing to the credit of any such account(s) including a joint account with any other person in or towards discharge of all sums due to us under any of your account(s) with us of whatever description and wheresoever located and whether in RinggitMalaysia or in any other currency, andmay do so notwithstanding that the balances on such account(s) and the sums due may not be expressed in the same currency, and you hereby authorise us to effect any such combination consolidation set-off or transfer with the necessary conversions at our prevailing exchange rates which shall be determined by us at our sole discretion.

30. Suspense Account

For the purposes of enabling us to preserve intact the liability of any party including yourself once a writ or summons has been issued or to prove in your bankruptcy or insolvency or for such other reasons as we think fit we may at any time place and keep for such time as we may think prudent any monies received, recovered or realised hereunder or under any other security or guarantee to your credit as we shall think fit without any intermediate obligation on our part to apply the same or any part thereof in or towards the discharge of the sums due and owing to us.

31. Variation Revision or Change of Terms and Conditions

We may from time to time by giving written notice to you vary, revise or change the terms and conditions of this Agreement but failure by us to give written notice shall not prejudice or have the effect of invalidating any such variation, revision or changes. Notice by us may take any form and an advertisement in one issue of a daily national newspaper addressed to the general public is deemed sufficient notice to you. Such variation, revision or change shall apply on the effective date specified by us and shall apply to all outstanding balance in the Card Account.

The retention or use of the Card after the effective date of any variation, revision or change of terms and conditions shall be deemed to constitute acceptance of such variation, revision or change without reservation by you.

If you do not accept the proposed variation, revision or change, you must terminate the Card Account by giving prior written notice to us and return the Card cut into half to us prior to the effective date and the use of the Card thereafter shall be deemed terminated upon our receipt of the Card cut into half and the provision relating to termination above shall henceforth apply.

32. Disclosure

You consent to the disclosure of your last known address to any bank or VISA and/or MasterCard or its successors and the disclosure of the Card numbers of any new, renewed or replaced Card to merchants or other interested persons. We shall be entitled to disclose and you irrevocably consent to our disclosure of any information pertaining to you, any Cardmember and/or the Guarantor (if applicable), Card Account and/or your Other Bank Accounts to such extent as we may at our sole and absolute discretion deemfit to the Central Credit Unit, Central Credit Reference Information System, the Dishonoured Cheques Information System(DCHEQS) and/or such other authority or body established by Bank Negara Malaysia, any other authority having jurisdiction over us, our branches, related corporations, associates, subsidiaries, affiliates, assignees, proposed assignees, agents and/or any other parties engaged by us to enable or assist us to exercise or enforce our rights hereunder and/or any other party whomsoever as we may, at our sole and absolute discretion, deem fit. No further permission or consent from you is necessary or required in relation thereto and this shall constitute the consent required pursuant to Section 99(1)(a) of the Banking and Financial Institutions Act 1989 and any other contractual consent for such disclosures.

Any disclosure by us of the information referred to in this provision will not render us liable to you for any claim, loss, damage (including direct or indirect damages or loss of profits or savings) or liability howsoever arising whether in contract, negligence, or any other basis arising from or in relation to:-

  • the release or disclosure of the information by us; and/or
  • the information being incorrect, erroneous or misstated; and/or
  • reliance on the information, whether caused by us or other third party's omission, misstatement, negligence or default or by technical, hardware or software failures of any kind, interruption, error, omission, viruses, delay in updating or notifying any changes in the information or otherwise howsoever.

33. Our Right to Appoint Agent

We shall be entitled to appoint an agent (hereinafter called "the Agent") to collect all sums due to us from you hereunder and we shall be entitled in our absolute discretion to disclose to the Agent (without giving any notice to you or assigning any reason therefore) your Card Account and any other relevant information pertaining to the Card Account to facilitate the collection of all sums due and owing to us by you.

34. Conclusive Evidence

Any admission or acknowledgement in writing by you or any person authorised by you of your amount of indebtedness to us and any judgment recovered by us against you in respect of such indebtedness shall be binding and conclusive in all courts of law in Malaysia and elsewhere.

You expressly and irrevocably agree that a certificate of indebtedness issued by one of our officers shall be conclusive and binding evidence as to the amount for the time being due and owing under the Card Account to us and it shall be conclusive evidence against you in any legal proceedings.

35. Costs and Expenses

You shall be liable to pay to us all legal costs (including costs on a solicitor and client basis), charges and expenses which we may incur in enforcing or seeking to enforce any of the provisions of this Agreement or in obtaining or seeking to obtain payment of all or any part of the monies owing by you.

36. Indemnity

You shall hold us harmless and indemnify us against any liability for loss, damage, costs and expenses (legal or otherwise including costs on a solicitor and client basis) which we may incur by reason of the provisions herein or in the enforcement of our rights hereunder.

37. Service and/or Notification

Notwithstanding any other provisions in this Agreement, you hereby irrevocably consent to the service of any notice or statement hereunder by prepaid ordinary post to your last known address in our records and such service shall be deemed effective on the fifth day after posting.

You hereby agree that in the event that any action is begun in the courts in Malaysia in respect of this Agreement, the legal process and other documents may be served by posting the documents to you at your last known address in our records and such service shall on the fifth day after posting, be deemed to be good and sufficient service of such process or documents.

You hereby irrevocably consent to the mailing of the Card and this Agreement by prepaid ordinary post or by courier service to your last known address in our records and the Card and this Agreement shall be delivered on the fifth day after posting.

Any notice or other document to be given under this Agreement and all other communications by you to us shall be in writing and may be given or sent by hand, registered post or facsimile to us at the address or facsimile transmission number set out below or to such other address or facsimile transmission number as we may give notice to you:-

By Mail By Hand

Customer Correspondence Unit
Citibank Berhad
P.O. Box 11725
50754 Kuala Lumpur

Customer Correspondence Unit
Citibank Berhad
No. 165, Jalan Ampang
50754 Kuala Lumpur
Facsimile Number: +603-2383 6666

For the avoidance of doubt, proof of sending of a written notice or other communication to us is not proof of receipt by us of your written notice or other communication if we are not in receipt of your written notice or other communication.

38. Waiver

Our acceptance of late payments or partial payments or cheques or money orders marked as constituting payment in full or any waiver by us of our rights or any indulgence granted to you shall not operate to prevent us from enforcing any of our rights hereunder to collect the amounts due hereunder nor shall such acceptance operate as consent to the modification of any of the terms of this Agreement in any respect.

Wemay, at our discretion from time to time without notice,waive our rights under this Agreement in certain circumstances. We can waive our rights without affecting our other rights. If we waive any right, we do not waive the same in other circumstances.

The rights and remedies provided in this Agreement are cumulative and not exclusive of any rights or remedies provided by law.

39. Time of Essence

Time shall be of the essence.

40. Assignment

We shall be entitled at any time without your consent to assign the whole or any part of our rights or obligations under this Agreement with or without notice to you.

41. Successors Bound

This Agreement shall be binding upon and endure to the benefit of our respective successors in title and assigns provided that you may not assign your rights and obligations under this Agreement without our prior written consent.

42. Severability of Provisions

If any of the provisions of this Agreement becomes or is finally determined to be invalid, illegal or unenforceable in any respect under any law, rule or regulation, all other provisions of this Agreement will still be valid and enforceable.

43. Governing Law and Jurisdiction

This Agreement shall be deemed to be a contract made under the laws of Malaysia and shall for all purposes be governed by and construed in accordance with the laws of Malaysia in Kuala Lumpur and both of us hereby agree to submit to the non-exclusive jurisdiction of the Courts of Malaysia or the courts of such other competent jurisdiction as we may in our sole discretion elect.

44. Execution of Further Documents

You undertake to sign such further documents as may be requested by us from time to time.

45. Notification of Change

You shall promptly notify us in writing of any change in your address and contact number.

46. Cardmember's Departure from Malaysia

In the event the Cardmember shall be absent from Malaysia for more than one (1) month, you and/or the Authorised Owner shall inform us at least seven (7) days prior to such departure.

In the event the Cardmember shall leave Malaysia to take up residence elsewhere, without prejudice to our right to terminate the Card Account, you and/or the Authorised Owner shall ensure that the Card is returned to us for cancellation at least fourteen (14) days prior to the departure of the Cardmember.

47. Features and Benefits Renewable

In line with our commitment to upgrade the Card's services and benefits, we may review and revise any of the features and benefits listed in any brochures printed by us or appearing in our website from time to time without notice to you.

PHONE BANKING TERMS AND CONDITIONS

Note: This is only applicable to the Authorised Owner who is the only person authorised to use the phone banking facility for purposes of giving any instructions to us on your behalf. The word "you" shall include the Authorised Owner, where applicable.

In addition to the foregoing terms and conditions, in the event you request for the use of our services via telephone,whether through telephone or other telecommunication services offered by us from time to time, (the "Services") and may have been issued a personal identifying code or number ("T-PIN"), the following terms and conditions shall also apply:

  1. Notwithstanding the terms of any present or future mandate or other agreement between you and ourselves, we are authorised to act on and to treat and consider as valid and binding on you any telephone instructions given by any person quoting or keying in the title or number of the Card Account and the valid and current T-PIN for the Card Account or any personal information in relation to you which was previously furnished by you to us. You agree that the quoting and keying in of such information shall be sufficient proof of the authenticity of such instructions. We shall not be under any obligation to verify the identity or the authority of the person giving the telephone instructions in or purportedly in your name and we shall not be liable for acting on the telephone instructions which are given by the person regardless of whether the person is authorised or unauthorised and regardless of the circumstances prevailing at the time of such instructions. However, we reserve the discretion not to carry out any such instructions if we have any reason to doubt its authenticity or if in our opinion it is unlawful or otherwise improper to do so or for any other reason.
  2. You agree to keep the T-PIN strictly confidential at all times and shall not disclose or permit it to be disclosed to any unauthorised person. You shall report to us immediately if the T-PIN has become known to any unauthorised person. You shall bear all consequences arising out of your failure to comply with your obligations under this provision.
  3. We may at our sole and absolute discretion require you to:
    1. confirm in writing the instructions within the period stipulated by us and/or call us to confirm the instructions and/or to provide such other information and/or execute such other documents which we may deem necessary, failing which we may treat such instructions as having lapsed; or
    2. refute in writing the instructions within the period stipulated by us, failing which we may treat such instructions as having been confirmed by you.
  4. Transactions relating to the Card Account requested by you through the use of the Services will be reflected in your next statement. Upon receipt of the statement, you are deemed to have examined all entries therein including all entries requested through the use of the Services. You are under the duty to report in writing to us of any error in the statement within fourteen (14) days from the date you received or are deemed to have received the statement. If for any reasons whatsoever, we do not receive any such written notification from you within the said fourteen (14) days, then you shall be deemed to have accepted the entries in the statement made up to the date of the last entry in the statement as correct and as final and conclusive evidence of all facts relating to all transactions requested by you through the use of the Services. The statement will be considered conclusive and binding as against you and your legal representatives and successors and you shall therefore be precluded from making any claim against us by alleging that the statement contains any error in relation to the transactions requested by you through the use of
    the Services. For the avoidance of doubt, all terms and conditions in this Agreement relating to statements of account shall apply insofar as they are not inconsistent with the terms and conditions of this provision.
  5. Any information given by us under the Services is for reference only. We shall not be liable or responsible for the sufficiency or accuracy of the information so given and we reserve the right to update and vary such information from time to time and at any time.
  6. We shall not be liable for any loss whatsoever arising out of or in connection with the carrying out or failure or delay in carrying out your instructions.
  7. We may (but shall not be obliged to) record the telephone instructions by tape recording and such recording of instructions shall be conclusive and binding on you.
  8. All faxed documents sent by you and received by us and all taped recordings of your instructions shall be admissible as primary evidence in any civil proceedings between us and you.
  9. We reserve the right to add to or vary any of the Services available through telephone or any of the terms and conditions herein by giving due notice to you in whatever formwe shall in our absolute discretion deem sufficient.
  10. We reserve the right to cancel or suspend any of the Services without any notice or reference to you.
  11. You shall pay to us all fees and charges which we may impose from time to time in connection with the Services.
  12. The Services shall include but is not limited to checking on the status of the Card Account, making payments and accepting the offers to participate in the products or programmes as may be introduced or implemented by us from time to time in relation to or in connection with the use of the Card.
  13. The terms and conditions herein are in addition to and not in substitution for any other agreements, mandates, terms and/or conditions relating to the Card Account.

CITIBANK ONLINE TERMS AND CONDITIONS

In addition to the foregoing terms and conditions, in the event you request for the use of our services through our internet online services, the terms and conditions of our online terms and conditions shall apply in addition to and not in substitution for any terms and conditions contained in this Agreement.

 

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