These are the terms and conditions governing the use of your VISA Card or MasterCard issued by Citibank Berhad which is binding on you. You are deemed to have accepted these terms and conditions and are bound by them once you start using your Citibank Berhad VISA Card or MasterCard. In this respect, your activation of the Card(s), your signature or confirmation on any transaction record, sales draft, credit vouchers, cash withdrawal slip, any charge record and/or return of acknowledgement 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 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Further, these terms and conditions may be superseded by variations, revisions or changes from time to time and at any time, subject to prior notice and we are obliged to inform you that your retention or use of your Citibank Berhad VISA Card or MasterCard after the effective date of such variations, revisions or changes will constitute your acceptance of such variations, revisions or changes by you without any reservation.
In this Agreement, the following definitions apply.
The words "You", "Your" and "Yours" means all persons responsible for complying with this Agreement, including the person who applied to open the Card Account and the person to whom we address the statement of accounts.
The word "Card", unless stated otherwise, means one or more cards, with or without a Cash Back facility, or other access devices such as account numbers, that we have issued to permit you to obtain credit under this Agreement.
The words "We", "Us", "Our" and "the Bank" means Citibank Berhad (297089-M), the issuer of your Card under your Card Account.
The word "Card Account" means your VISA Card account and/or MasterCard account issued by us and "Other Bank Accounts" means your other bank account or accounts with us apart from your Card Account and includes your joint account with a third party (if any).
The word "Credit Limit" means the limit of the credit granted by us to you under each Card Account.
The word "Customer Credit Limit" means the total credit limit extended to you to cover the use of all the Cards you hold, regardless of the existing applicable credit limit for each Card.
The word "Current Products Payment Sum" means the sum of all monthly instalments which are due by you to us in accordance with the terms and conditions of the products implemented, amended and/or substituted by us, as shown in the monthly statement or in any other written notice communicated by us to you.
"MasterCard" or "MasterCard International" means MasterCard International Incorporated, a company registered as per the laws of Delaware, U.S.A. and whose office is situated at 2000 Purchase Street, Purchase NY 10577-2509 10577-2509 and includes its successors-in-title and assigns.
The word "Ordinary Transactions" means all transactions effected through the use of the Card other than transactions in respect of which the Current Products Payment Sum is payable.
"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 +94404-2172, United States of America of which we are a member institution and includes its successors-in-title and assigns.
1. Minimum Age
Principal Card Applicant
For principal card applicants, the minimum age is 21 years old.
Supplementary Card Applicant
For supplementary card applicants, the minimum age for all card types is 18 years old, (except for the CitiBusiness Card where the minimum age is 21 years old, and is only for employees with a declared minimum income of RM24,000 per annum).
2. Minimum Income
Minimum Income (fixed plus proven variable income) per annum.
- The minimum income of individual card applicants is RM24,000 per annum (including CitiBusiness Cards), or such higher income requirements as the Bank may determine at its absolute discretion
- If you are unable to prove your minimum income but meet the minimum age requirement, we may at our discretion require you to place a fixed deposit of the amount equivalent to the credit limit granted to you, which must be maintained for as long as the Card has not been terminated by us or you.
3. Using your Card Account and Your Credit Limit
- Upon receipt of your Card, you undertake to sign on the signature strip on the back of the Card (using the same signature affixed on the application form). However, whether or not you sign on the Card, you are fully responsible for complying with all the terms and conditions of this Agreement, including the obligation to pay us for all balances due on your Card Account as specified in this Agreement.
- You will be assigned a Credit Limit on the use of the Card. If you have 2 or more Cards, you will be assigned a Customer Credit Limit which represents the total credit limit extended to cover the use of all the Cards held by you, regardless of the existing applicable credit limit for each Card. Both your Customer Credit Limit and the existing applicable Credit Limit for each Card will be indicated in your statement of accounts or monthly statement.
- You may also request for a change to your Credit Limit or Customer Credit Limit by contacting us through CitiPhone or by way of written instruction to us to the address or facsimile number designated by us. Any request for an increase to your credit limit or Customer Credit Limit is subject to our credit assessment. Even if a Credit Limit or Customer Credit Limit has been assigned or approved at your request, the Customer Credit Limit and the existing applicable Credit Limit for each Card may be revised by us at any time. Any new credit limit will be notified to you either by way of notice or through your statement of accounts or monthly billing statements. For the avoidance of doubt, such change in credit limit may come into effect prior to receipt of notice by you.
- The total Credit Limit is available for the purchase of goods and services wherever the Card is honoured. Your cash advance limit is available through our bank counters or any ATM which accepts the Card.
- You must ensure that the total amount charged to your Card Account MUST NOT exceed your Credit Limit or Customer Credit Limit, whichever is lower, at any time without our approval.
- However, without prejudice to our rights under this Agreement, we are entitled in our absolute discretion (but not obliged) to approve transactions that result in your Credit Limit or Customer Credit Limit being exceeded. Processing a transaction which takes you over your Credit Limit or Customer Credit Limit does not mean that we are increasing your Credit Limit or Customer Credit Limit.
- In the event your Credit Limit or Customer Credit Limit is exceeded for any reason whatsoever, the provisions of Clause 23 below will apply.
- To ensure compliance of any laws, regulations and directives (by relevant authorities including Bank Negara Malaysia) introduced or revised from time to time, you expressly agree that we are entitled (but may not be obliged) to suspend, cancel, terminate your Card and Card Account and/or reduce your Credit Limit and/or Customer Credit Limit previously assigned upon the issuance of any Card to you. In this respect, you undertake to abide by and comply with any such laws, regulations and directives.
- At all times, your Card remains our property and must be surrendered to us immediately upon our request, or the request of our duly authorised agent. Upon expiry of your Card, you must cut your expired Card it 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 and request for a new Card. It is up to our absolute discretion whether to issue a new Card.
- Your Card cannot be transferred and will be used exclusively by you. You must not pledge your Card as security for any purpose.
- Your Card may be used by you in connection with the facilities made available by us, including the following:-
- the payment for purchase of goods and/or services which are charged to your Card Account;
- any ATM transaction effected through your Other Bank Accounts;
- any cash advance facility which is debited to your Card Account; and
- other facilities offered by us, subject to prior arrangement with us.
- Your Card must not be used for any unlawful activities. Any online betting and/or gambling activities are also prohibited. 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 your Card has been used for unlawful activity, we may immediately terminate the use of the Card. Credit of any winnings, unspent chips, or other value which may be used for gambling transactions will not be accepted or credited into your Card Account.
You cannot use your Card for business and/or commercial purposes which are deemed to be unacceptable by us. We are entitled to block the authorisation for the use of the Card for such activities.
Terminating the Use of Your Card
- At any time, you may terminate the use of your Card by calling CitiPhone or giving prior written notice to us and returning the Card cut in halves or several pieces across the magnetic strip and across the microchip embedded in the Card (if any) at your own cost . No refund of the annual fee will be made to you. You will remain liable for the amount of any transaction effected through the use of your Card (whether before or after the termination of your Card), including transactions effected but not yet posted to the Card Account, and transactions arising from any mail or telephone order schemes, existing standing instructions or otherwise, made or purported to have been made by you to a merchant establishment for the provision of goods and services and charged to the Card Account. It is your sole duty and responsibility to notify the merchant and cancel any existing standing instructions prior to or upon termination of your Card.
5. Supplementary Cards
- You may request additional Cards on your Card Account ("Supplementary Card(s)") for a person or persons nominated by you to be an additional Cardholder or Cardholders ("Supplementary Cardholder(s)"). However, if you do, you must pay us for all charges made by the Supplementary Cardholder(s), including charges for which you may not have intended to be responsible and notwithstanding that the Supplementary Card(s) may bear different credit card account numbers and may have separate assigned credit limits. All terms and conditions of this Agreement will apply to the Supplementary Cardholder(s) in relation to the Supplementary Card(s) unless otherwise provided in this Agreement. The Supplementary Cardholder(s) may be subject to all other terms and conditions as we may impose from time to time. The Supplementary Cardholder(s) agrees to be bound by this Agreement and all other terms and conditions applicable to the Supplementary Card(s).
- All amounts charged to the Supplementary Card(s) will be transferred to your Card Account at the next statement date. As such and subject to the terms and conditions of this Agreement, the Supplementary Cardholder(s) will be able to utilise his/her Supplementary Card(s) up to the whole amount of your available Credit Limit or Customer Credit Limit (if no separate credit limit is assigned to the Supplementary Card(s) or as the case may be, up to the whole amount of the assigned credit limit of his/her Supplementary Card(s) (if a separate credit limit is assigned) after the date of the statement so long as the aggregate charges on the Card and Supplementary Card(s) do not exceed your Credit Limit or the Customer Credit Limit, whichever is lower.
- Even though the Supplementary Card(s) may have a separate credit limit if such has been assigned, we are entitled at our absolute discretion (but not obliged) to approve transactions that result in the credit limit of the Supplementary Card(s) being exceeded, in which event you must still pay us for all charges made by your Supplementary Cardholder(s) including the amounts in excess of the assigned credit limit.
- The Supplementary Card(s) is valid for so long that the Card is valid. Upon the termination of the Card for whatever reason, the use of the Supplementary Card(s) will also terminate. You and the Supplementary Cardholder(s) will be jointly and severally liable to us for all amounts and charges due and owing to us howsoever arising from the use by the Supplementary Cardholder(s) of his own Supplementary Card(s).
6. Citibank Credit Card Products
- We may introduce special products or programs related to the use of your Card, including products or programs that offer promotional rates, reduced rates or interest, interest-free days, instalment or repayment plans or other special terms.
- We will inform you of the terms and conditions of such products or programs at the time that they are introduced. The terms and conditions of such products and programs are binding on you as if they had been contained in this Agreement.
- If there is any conflict between the terms and conditions of this Agreement and the terms and conditions of the special products or programs, the terms and conditions of the special products or programs will prevail (unless expressly stated otherwise in the terms and conditions governing the special products or programs).
- More than one special product or program may apply to your Card Account at the same time. We may choose to introduce and terminate any such special products and programs at our absolute discretion by giving notice to you.
7. Transactions with Merchants
- You expressly agree that we may disclose to any merchant to whom your Card is presented, or any member institution of VISA International and/or MasterCard International or their successors-in-title and assigns or any interested persons, your Card account number (of any new, renewed or replaced Card) and any other information, including your last known address, which may be necessary for the use of your Card or the processing of any transaction effected through the use of your Card.
Without affecting paragraph (1) above, we are not responsible for:
- any refusal by a merchant or member institution of VISA and/or MasterCard to accept your Card; or
- any defect or deficiency in the goods or services supplied to you by any merchant.
- We are not responsible for goods and services purchased with your Card, whether at the merchant's premises or through any written instructions sent by mail, email or facsimile, telephone order, online internet or any other means by which you have authorised the use of your Card for the purchase of goods and services.
- You agree to settle all disputes directly with the merchant who honoured your Card or the relevant member institution of VISA and/or MasterCard. 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 by reason of such disputes with the merchant or the member institution of VISA and/or MasterCard.
- You should check that the transaction amount is correct before you sign the sales voucher or transaction records given to you by merchants or a financial institution when you use your Card and before you enter your PIN or other identifying number or password at an electronic banking facility or internet. By signing a voucher or transaction report or entering your PIN or other identifying number or password at an electronic banking facility or internet, you are deemed to have accepted that the transaction amount is correct.
8. Auto-Billing Facilities with Merchants
For the purpose of this Clause:-
"Service" means the auto-billing service which you may have registered with us or Merchant(s) in relation to payments due to the Merchant(s) under which, you authorise us to auto-debit your Card of such amount(s) for purposes of making recurring charges to the Merchant(s) on a monthly basis or at other intervals which we may be notified in writing from time to time.
"Merchant" or "Merchants" mean the merchants included for the Service from time to time.
- In the event that you obtain a replacement Card for reasons of fraud, replacement of lost, stolen or damaged card, renewal of expiring card or upgrading of existing card, we may (but are not obliged to) transfer all your existing instructions for the Service to the replacement Card to ensure the non interruption of the Service.
- 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 recurring charges to all or any of the Merchants, in which event you will be responsible for paying the unpaid said recurring charges directly to the Merchant by other means.
- You expressly authorise us to disclose the replacement Card details to the Merchants from time to time for purposes in relation to providing the Service and expressly consent to such disclosure and confirm and declare that no further consent from you is necessary or required in relation to such purposes and we will be under no liability for disclosing such information. This 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.
- In consideration of using the Service and us transferring your existing instructions to ensure non-interruption of the Service to you, you undertake to indemnify us against all losses, costs, damages, expenses, claims and demands which we may incur or sustain as a result.
- Regardless of the Service and our transferring your existing instructions to ensure non-interruption of the Service to you, you remain fully responsible to comply with all terms and conditions existing between the Merchant and you in the relevant underlying contract(s) between yourselves and your obligations set out in such contract(s) will continue to be binding between you and the Merchant.
9. Internet Transactions
- If you use your Card to purchase goods and/or services through online internet sites or portals, you are solely responsible for the security of such use at all times. You agree that the entry of your Card information on the internet is sufficient proof that instructions were given for the use of your Card.
- We are not required to verify the identity or the authority of the person entering your Card information. We are not liable for acting on such use of your Card regardless of whether the person who entered your Card information is authorised to do so, and regardless of the circumstances prevailing at the time of the transaction.
- However, we may choose not carry out any transactions 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 Bank and Services
- For the purposes of effecting any cash advances via the Automated Teller Machines ("ATM"), we will provide a Personal Identification Number ("PIN") to you. The PIN is strictly confidential and you must not disclose the PIN to any person under any circumstances or by any means, whether voluntarily or otherwise.
- We will issue and deliver the PIN to you at your own risk. You should not keep any written record of your PIN at any place or manner which may enable a third party to have access and/or make use of your Card. Failure to comply with this requirement will expose you to the consequences of theft and/or unauthorised use of your Card, for which we will not be in any way liable. You hold us free from all claims and liabilities from all parties arising from the use of your PIN, regardless whether such use is authorised.
11. Disclosure of PIN, or Loss, Theft or Unauthorised Use of Card
- You are liable to us for all transactions effected through the use of your Card whether or not you have authorised such usage.
You will use all reasonable precautions and diligence to prevent any:
- disclosure of the PIN to any person (including never writing the PIN on the Card, on anything kept with the Card or where you keep the Card in or on anything and anywhere which could be understood by any other person as the PIN to your Card); and/or
- loss, theft or unauthorised use of your Card (including never allowing any other person to use your Card or leaving your Card out-of-sight when making any transactions or using the Card).
If any of the above events occur, you must report it to us (and in the case of (ii), to the police as well) immediately, 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.
- All charges arising from transactions carried out through your Card, whether authorised or not, including all cash withdrawals and advances, are deemed to have been made by you. You are liable for all such charges once your Card has been delivered to you. For the purposes of this provision, until you have reported any loss, theft or unauthorised use of your Card promptly to us, our records of any transaction effected through the use of your Card is conclusive and binding on you.
At our absolute discretion, we may resolve that your liability is limited to RM250.00 (or such amounts as we may determine) ("maximum liability limit") on proof that:
- you had in good faith exercised reasonable care and diligence to prevent such loss, theft or unauthorised use of your Card; and
- had promptly reported the loss or theft or unauthorised use of your Card to us.
Even if you have exercised all reasonable precaution and diligence to prevent the loss or theft or unauthorised use of your Card and reported the loss or theft or unauthorised use, you remain liable to us in the sums exceeding the maximum liability limit if:
- you have 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 your Card by any person; or
- you have failed to inform us upon discovering that your Card has been lost or stolen or used for purposes unauthorised by you.
- When the lost or stolen Card is found, you must not use the Card and must return it to us, cut into halves or several pieces across the magnetic strip and the microchip embedded in the Card (if any), immediately upon retrieval of your Card.
- We are not obliged to issue a replacement card following its loss or theft. Any issuance of a replacement Card is subject to a replacement card fee that we may prescribe. Upon any loss, theft and/or unauthorised use of your Card or upon discovery that any person or persons have acquired knowledge of the PIN, you may request us to issue a replacement Card. We have the right to accept or to refuse such request.
12. Prevention of Unauthorised Usage of Replacement of Damaged Card, Renewal of Expiring Card and Upgrading of Existing Card
- You must use all reasonable precautions and diligence to prevent the unauthorised use of your unexpired old Card upon replacement of damaged Card, early renewal of expiring Card and upgrading of existing Card.
- To prevent unauthorised usage, you must destroy the damaged/expiring/ obsolete Card by cutting it 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 before disposing the Card.
- All charges arising from transactions carried out through the use of your 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.
- Without affecting our rights and even if you have exercised all reasonable precaution and diligence to prevent the loss or theft or unauthorised use of your Card, you will still remain liable to us if you have acted fraudulently in that you were involved in the procurement of goods or services supplied by any merchant, cash advances or ATM transactions effected through the use of your unexpired old Card.
13. Cash Advance Facility
You may obtain cash advances of an amount that we may decide, by the following means:-
- presenting your Card at any of our branches or of any member institution of VISA and/or MasterCard together with evidence of your identification, and signing the necessary transaction record; or
- using your Card at any of our ATMs or the ATM of any other bank or financial institution with whom we have an arrangement(s) for the use of the ATMs of the said bank or financial 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/or MasterCard, the exchange rates (if applicable) are the prevailing exchange rates which are determined by us at our sole discretion. All such transactions must not violate the laws existing in the country where such transactions are effected.
- Your use of your 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 your Card Account.
- For the avoidance of doubt, any withdrawal of excess credit in your Card Account through the use of your Card or by requesting us to issue you a cheque for such withdrawals will be treated as a cash advance. All terms and conditions relating to cash advances will apply to such withdrawals of funds.
- Your monthly statement of account 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 Outside Malaysia
- If a transaction is made outside Malaysia in foreign currency, MasterCard or VISA, depending on which card is used, will convert the transaction into a Ringgit Malaysia equivalent at the conversion rate as determined by MasterCard or VISA as at the date it is processed by MasterCard or VISA.
- In addition, you will also pay administration costs at such rates as we may determine, for the conversion of the transactions made in foreign currencies.
- You agree that in the event of any disputes on the conversion rates determined by MasterCard or VISA on any transactions you have made outside Malaysia, we will not be responsible to settle such disputes on your behalf with MasterCard or VISA.
15. Annual Fee, Handling Charge and Other Fees/Charges
Your Card Account is subject to the following fees of an amount that we may prescribe, and which is to be paid by you to us:-
- an annual fee for the issue of your Card and for each renewal of your Card;
- a handling charge for a replacement card to be issued;
- a transaction and/or conversion fee or any fee referred to by any other name for any foreign currency transactions;
- a statement request charge to be imposed in the event you must request for any statement which is more than two (2) months prior to the date the request was made;
- charges and fees for the provision of copies of sales/cash advance drafts or any other documentation;
- overlimit fee for the amount charged to your Card which is in excess of your credit limit; and
- such other charges and fees not stipulated above.
- All fees paid in connection with the Card to us are non-refundable.
16. Statement of Account
- A statement will be sent to your last known address in our records. Such statements are deemed to have been received by you on the fifth (5th) day after posting.
- We will normally send you a monthly statement 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 Card account. Your statement will show the total balance, any finance charges, fees, charges, the Specified Minimum Payment (defined in Clause 18 below) due and the Payment Due Date (defined in Clause 18 below). Your statement will also show your current Credit Limit and Customer Credit Limit (if applicable), an itemised list of current charges, payments and credits and other important information.
- Upon receipt of the statement, it is your responsibility to examine all entries in the statement and you will be deemed to have done so. If there are errors, discrepancies or inaccuracies in the statement, you are under a duty to report them 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 a written notification from you within the 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) as correct 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 reverse any entries to recover any monies mistakenly credited into your 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 manner stated above, the statement will be considered conclusive and binding against you, 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.
- For the avoidance of doubt, proof of sending of a written notification to us is not proof that we have received your written notification if we have in fact not received it.
If you dispute any transactions stated in your statement, we may in our absolute discretion deem fit carry out any investigation(s) on the disputed transaction(s), in which case the following apply:
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:
- an investigation(s) charge(s) as we may deem fit; and
- finance charge(s) from the date of the disputed transaction(s) until the conclusion of our investigation(s).
- No finance charge(s) and/or investigation charge(s) will be levied against you if 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 your Card Account are final and binding on you.
17. How We Determine the Balance
The outstanding balance appears as the Current Balance (defined in Clause 18 below) on the statement. To determine the Current Balance, we begin with the outstanding balance on your Card Account at the beginning of each billing period, called the "Previous Balance" on the statement of accounts. 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 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").
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:
- 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.
- where the Current Balance exceeds your Credit Limit or the Customer Credit Limit, where applicable, the amount in excess of your Credit Limit or Customer Credit Limit, where applicable ("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.
You will pay us a finance charge if you:
- pay us less than the Current Balance;
- make no payment by the Payment Due Date;
- make a payment after the Payment Due Date;
- have taken a cash advance.
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. The finance charges are computed on:
- all transactions inclusive of cash advance, charges, fees, costs and incidental expenses charged to you in connection with the use of your Card commencing from the day they are posted to the Card Account on their respective posting dates;
- 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
- balance transfers from other credit card accounts to your Card Account.
- 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.
- 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.
If the Specified Minimum Payment amount is unpaid, partly paid or paid after the Payment Due Date, we may, without affecting your obligation to pay finance charges or our right to terminate the use of your Card, impose such fees and/or late payment charges until the Specified Minimum Payment is paid in full, and/or may allow you to pay:-
- if the Current Balance does not exceed your Credit Limit, the current Specified Minimum Payment and the unpaid previous Specified Minimum Payment;
- if the Current Balance exceeds your Credit Limit, the current Specified Minimum Payment and the excess over your credit limit and the unpaid previous Specified Minimum Payment.
19. Late Payment Charges
- 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 next statement. This late payment charge is imposed by way of liquidated damages and not as penalty.
- On the date of each statement or at such other 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.
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).
- 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.
- 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:
- via the telephone or CitiPhone;
- via short messaging system (SMS); or
- via computer generated form,
in which case, such Communication will not bear any signature and may contain a printed of 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.
- You authorize us, although we are not obliged, to rely upon and act in accordance with any Communication given:
- via the telephone or CitiPhone ("Telephone Instructions");
- via facsimile transmission ("Fax Instructions"); or
- via electronic or digital transmission, including e- mail ("Electronic Instructions");
in 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.
- We may rely upon and act in accordance with such Communication provided that:-
- in the case of Telephone Instructions, the Phone Banking terms and conditions appearing below will govern such communications; and
- 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.
- 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.
- All Fax Instructions must be sent to Citibank at such facsimile number as provided below or notified by us for the purposes of Fax Instructions.
- 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.
- 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
50754 Kuala Lumpur
Facsimile Number:+603-2383 6666 603-2383 6666
Customer Correspondence Unit
No. 165, Jalan Ampang
50450 Kuala Lumpur
Electronic Statement (E-Statement) Facility
You can choose to receive your statement via electronic form and be viewed from a computer terminal by signing up for our E-Statement Facility on our website. Upon your successful signing up, any statements, notices or information will be sent to you electronically via the email address provided by you upon signing up or made available on our website.
- Once you have successfully signed up for the E-Statement Facility, you will be bound by the terms and conditions which govern the use of the E-Statement Facility which can be viewed on our website at www.citibank.com.my.
- Once you have successfully signed up for our E-Statement Facility, your enrollment will start on the next statement date and we will cease sending you physical copies of statements, notices of information after that until the E-Statement Facility is cancelled or terminated by you or us. However, when the E-Statement Facility is still active, if you request for a physical copy of any statements, notices or information, we may charge you a fee for a physical copy.
RemindersWe 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)).
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) and any other relevant entities. You accept that we neither guarantee the delivery nor 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:
- any non-delivery, delayed delivery or wrongful delivery of each Communication/Reminder;
- inaccurate content of each Communication/Reminder; or
- your use or reliance on the contents of any Communication/ Reminder for any purposes.
- 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 due to insufficient funds or ambiguous amount, or any other reasons.
- You will pay us in the billing currency. The billing currency of your Card is Ringgit Malaysia.
- Payments by you to us are not 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 be made by cash, cheques or direct fund 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 your Card Account accordingly or to exercise our right of set-off as we deem fit.
- 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).
- For the avoidance of doubt, no interest is earned on any credit balance reflected in your Card Account. Any credit balance reflected in the Card Account cannot in any way be assigned, transferred or charged to any third party or encumbered or dealt with whether by way of security or otherwise howsoever except with our prior written consent.
23. Excess of Credit Limit
- We may from time to time allow you to exceed your Credit Limit/Customer Credit Limit and/or your Supplementary Cardholder(s) to exceed his assigned Supplementary Card(s) limit (if a separate credit limit is assigned), at our sole discretion. You are liable for all amounts used including such amounts above the Credit Limit/Customer Credit Limit/assigned Supplementary Card(s) limit.
- If your Credit Limit or Customer Credit Limit is exceeded for any reason whatsoever, you must repay to us that amount in excess including any overlimit fees and charges immediately upon our request or by the next Payment Due Date, whichever is earlier. If you do not, we may suspend further use of your Card Account until the Card Account is once again under the Credit Limit or Customer Credit Limit, or terminate your Card Account.
- In addition to making the payment stated above, you must also pay us the Current Balance, or if you choose not to settle the Current Balance in full, then the Specified Minimum Payment at the very least, by the Payment Due Date. If you do not, we may suspend further use of your Card Account until the amounts owing are paid, or terminate your Card Account.
24. Events of Default
We may suspend, withdraw or terminate the Card, 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 or more of the following events (collectively, "Events of Default" and each an "Event of Default"):-
- if you fail or default in payment of any sum of money due from you to us at any time under the Card Account;
- if you are liable to us on any Other Bank Accounts;
- if you use your Card for any unlawful activities such as online betting and/or gambling activities;
- If 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 given at any time;
- if 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;
- if you leave Malaysia to take up residence elsewhere;
- if you die or become insane, been taken into custody, incapacitated or declared by any Court of competent jurisdiction or any appropriate authority to be incapable of administering your affairs;
- if you are unable to pay your debts as they fall due or become insolvent;
- if you have committed any act of bankruptcy;
- if a petition for bankruptcy is presented or an order is made for any adjudicating and/or receiving order against you;
- if you make or attempt to make any compromise or arrangements with your creditors or any general assignment for the benefit of your creditors;
- 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 other appropriate authority or any step is taken for your bankruptcy, liquidation or for the appointment of a trustee in bankruptcy, liquidator, receiver, judicial manager or trustee for any part of your assets, revenues or undertaking (whether in whole or part) or a meeting, whether formal or informal being called by your creditors or any of them;
- if a distress or execution or other process of a court of competent jurisdiction is levied upon or issued against any of your assets and such distress, execution or other process as the case may be is not satisfied by you within 21 days of such order;
- if you allow a judgment debt obtained against you to remain unsatisfied for a period of 7 days from the date of the order (other than judgment debt on which you have obtained a stay of execution and filed a Notice of Appeal within the time prescribed by law);
- if your whereabouts are unknown to us;
- if in our absolute opinion, your Card Account and/or Other Bank Accounts is or has not been operated satisfactorily;
- if you wish to terminate the use of your Card;
- 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 you to perform any obligations or for us to enforce any rights under the Agreement, any security document or any other agreement, document or instrument or arrangement between us and you;
- if an event has occurred or a situation exists which might, in our opinion, affect your ability to perform your obligations under this Agreement;
- if we refuse to issue a replacement card or renew your Card;
- if we decide to cancel or terminate the use of your Card; and/or
- if you use your Card for business and/or commercial purposes which we deem unacceptable to be transacted using your Card.
- Whether an or any Event of Default has occurred and if you do not remedy any Event of Default before the expiry of the time specified in any notice given to you or under this Agreement, or if there is an Event of Default that cannot be remedied, upon termination of the use of your Card for any reason, the whole outstanding balance on the Card Account will become immediately due and payable to us. 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.
- If we obtain judgment from any Court for any sum owing under this Agreement, any interest, finance charge, late payment charge or any other charges payable will continue to be payable from the date of judgment until the date of full payment of such sum of money so adjudged to be payable to us.
- If you have committed any Event of Default or are in breach of a Card Account or this Agreement, this will result in you being in breach or default of any other of your Card Accounts and/or Other Bank Accounts. If we are entitled to remedies in respect of one Card Account, we are also entitled to such remedies in respect of your other Card Accounts and/or Other Bank Accounts.
Without affecting the generality of the above, if you have committed any Event of Default, we are entitled to:
- transfer, set off against, combine or consolidate any of your Other Bank Accounts with us in the manner set out in Clause 29 below toward repaying the outstanding balance and/or any sums owing by you under this Agreement;
- suspend the use of your Card and Card Account;
- reduce your Credit Limit and/or Customer Credit Limit; and/or
- terminate the use of your Card Account, in which event, all provisions in this Agreement relating to such termination will apply.
25. Withdrawal of any Facilities or Terminate Use of Card
We may withdraw any of the facilities provided by us in connection with the use of your Card at any time by giving notice to you. In such circumstances, we may terminate the use of your Card if we deem fit, even if we may have waived our rights on some previous occasions.
26. Right to Restrict or Refuse Credit
- We are entitled at any time (in our absolute discretion and by giving you notice) to restrict or limit your credit or refuse and otherwise withhold credit.
- If we detect unusual or suspicious activity on your Card Account, we may temporarily suspend your credit privileges until we can verify the activity.
27. Our Right to Check Credit Standing
You agree that we have the absolute right to check your 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) at any time and from time to time without referring to you.
28. Telephone Monitoring and Recording
- You authorise us to contact you by telephone about your Card Account. You agree that we may place such telephone calls using automatic dialing, and that such calls are not unsolicited calls.
- We may monitor and/or record telephone calls between you 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. You agree and authorise us to use such recordings (or transcript of such recordings) for purposes of any legal proceedings.
29. Consolidation of Accounts and Set-Off
In the event of the occurrence of any of the Event or Events of Default (defined in Clause 24 above), we may, at any time with notice:
- 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
- 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 Supplementary Cardholder 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.
- 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 are 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.
- 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.
- No notice will be given to you prior to the set-off or consolidation of the your accounts, unless we intend to set-off a credit balance in your deposit account(s) against a debit balance in your Card Account(s) and/or your Other Bank Accounts, or such notice is required by law.
- 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.
- 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.
- 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.
30. Suspense Account
To enable us to preserve the liability of any party, including yourself, once a writ or summons or any originating process has been issued or to prove in your bankruptcy or insolvency or for other reasons as we think fit, we may place and keep any monies received, recovered or realized under this Agreement or any other security or guarantee to your credit, without any intermediate obligation on our part to use such monies to discharge the sums due and owing to us.
31. Variation Revision or Change of Terms and Conditions
- By giving you a written notice, we may vary the terms and conditions of this Agreement. However, our failure to give a written notice does not stop such variation in these terms and conditions from having effect.
Notice by us may take any form. Any amendments or variations to the terms and conditions of this Agreement shall be deemed to have been incorporated into these terms and conditions and have been drawn to your attention by:
- their being displayed at any of our offices or branches nationwide;
- their inclusion in your monthly statement;
- a notice of the amendments and variations being sent to you;
- being advertised or advertisement in one issue of a daily national newspaper addressed to the general public;
- posting on our website; or
- any other mode which we deem sufficient.
- 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.
- For the avoidance of doubt, the retention or use of your Card after the effective date of any variations, revisions or changes of/to the terms and conditions is deemed to constitute acceptance of such variations, revisions or changes by you without any reservation.
- If you do not accept the proposed variation, you must terminate the use of your Card by calling CitiPhone or giving prior written notice to us, before the effective date of such proposed variation. The provision relating to termination above will subsequently apply, followed by you cutting your Card it 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 returning the Card to us.
You expressly agree that:
- the Bank;
- the Bank's head office, branches, representative offices; and
- 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.
For the purposes of paragraph (1) above, "Data" means public and non-public information from any source about:
- your beneficial owners;
- any security providers;
- persons under the trust;
- partners, committee members, directors and officers (where applicable);
- authorized signatories; and
- any of your and/or security provider's accounts, transactions and dealings with Citigroup or any other party.
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:-
- to establish a relationship between you and Citigroup;
- to process applications for products and services;
- for risk management;
- to provide services and products to you;
- for data processing purposes;
- to evaluate and monitor provision of products and services;
- to respond to inquiries from you;
- for deposit insurance purposes;
- for research and development of products and services;
- for debt collection purposes;
- for enforcement of rights and obligations;
- for assessing, processing and investigating insurance risks and claims;
- to enable a party to evaluate any proposed assignment, participation, sub-participation, and/or novation of our rights and/or obligations;
- to maintain and protect our offices and automatic teller machines (ATM);
- to meet legal and regulatory requirements;
- processing instructions and generating confirmations, advices and statements;
- maintaining accurate "know your customer" information;
- operating control systems and management information systems;
- marketing products and services;
- for such other purposes as permitted by applicable law or with your consent; and
- for all other purposes incidental or associated with the above.
- You 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.
You understand and agree that Citigroup is permitted to disclose the Data, for confidential use, to:
- and among Citigroup;
- 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;
- comply with any law, regulation, or request by any government, court, administrative, regulatory or other authorities;
- 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;
- any communications, clearing, settlement or payment system, intermediary bank or depository;
- any novatee, assignee, participant, sub-participant or transferee, or proposed novatee, assignee, participant, sub-participant or transferee of any of our rights or obligations;
- guarantors, sureties and third party security providers for facilities granted or services provided by Citigroup to you;
- 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;
- any parties engaged by Citigroup to enable or assist Citigroup to exercise its rights and perform its obligations;
- 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 32.
- You agree that Citigroup may give your 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.
- You 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.
- 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, e-mail or other electronic means (including short message service (SMS)).
- You accept the risk that such information may be accessed by unauthorized third parties and/or disclosed by Citigroup and by its officers, employees or agents to third parties purporting to be the intended recipient.
- Regardless of the above, you agree that Citigroup will transmit such information to the address or other relevant particulars specified by you, 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).
- 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.
- You will not hold Citigroup responsible or liable, in contract, tort (including negligence or breach of statutory duty), equity or otherwise, for any such access or disclosure or for any losses, costs, damages, expenses, claims and demands suffered or incurred by you or any third party as a result of any such access or disclosure, except for any losses which result directly and solely from the Bank's fraud or willful default.
- Unless otherwise notified by you in writing or by calling CitiPhone, you 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.
- You 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 32.
You agree that your consent in this document constitutes your consent for any such disclosure for the purposes of:
- section 47 of the Central Bank of Malaysia Act 2009;
- section 99(1)(a) of the Banking and Financial Institutions Act, 1989;
- any other disclosure imposed by law; and
- any other requirement whether statutory, contractual or otherwise and whether or not having any force of law.
33. Our Right to Appoint an Agent
You 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 relating to your Card Account to assist 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 is binding and conclusive in all Courts of law in Malaysia and elsewhere.
- You agree that a certificate of indebtedness issued by any one of our officers is conclusive and binding evidence as to the amount due to us under your Card Account. Such certificate is conclusive evidence against you in any legal proceedings.
35. Costs and Expenses
You are liable to pay 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 monies owing by you to us.
You will hold us harmless and fully indemnify us against any liability for loss, damage and expenses (legal or otherwise including costs on a solicitor and client basis) which we may incur by reason of the provisions in this Agreement or in the enforcement of our rights under this Agreement.
37. Service of Legal Process
- Any notice, request or legal process will be deemed to have been served on you if sent by prepaid ordinary post to your last known address (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 in any other manner permitted by law.
- 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.
- Where you 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.
- 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.
Even if we have previously:
- accepted late payments, partial payments, or cheques or money orders marked as constituting payment in full;
- waived any of our rights; or
- 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.
- We may waive our rights under this Agreement in certain circumstances, without affecting our other rights. In doing so, we do not waive the same in other circumstances.
- The rights and remedies provided in this Agreement are cumulative and not exclusive of any legal rights or remedies
39. Time of Essence
Time is of the essence of this Agreement.
- 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.
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:
- replacing us as the provider of credit to you;
- replacing us as the entity responsible for decisions about your Card Account;
- causing detriment (whether financial or otherwise) to you; or
- limit or reduce your rights under this Agreement.
- If we notify you of an assignment and you do not wish to continue your account, you should notify us that you wish to close your Card Account.
- However, you may not assign any of your rights and obligations under this Agreement (including your account) without our prior written consent.
41. Successors Bound
This Agreement binds our respective successors in title and assigns.
42. Severability of Provisions
If any of the provisions of this Agreement becomes or is invalid, illegal or unenforceable in any way 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 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.
- 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.
44. Execution of Further Documents
You undertake to sign such further documents as may be requested by us.
45. Notification of Change
You undertake and are obliged to inform us promptly if:
- you intend to reside outside Malaysia;
- there is any change or proposed change in your employment or business or address (office or residential), email address and your contact number(s); and/or
- 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.
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:
- by calling CitiPhone; or
- by writing to us in the manner provided in Clause 20 above, including via Fax Instructions or via Electronic Instructions.
46. Your Departure from Malaysia
- If you are absent from Malaysia for more than one (1) month, you must settle the amount outstanding under your Card Account at least seven (7) days prior to your departure.
- If you leave Malaysia to take up residence elsewhere, you will settle the amount outstanding under your Card Account and call CitiPhone or by giving prior written notice to us for cancellation at least fourteen (14) days prior to your departure. The provision relating to termination above will subsequently apply and your Card(s) and all Supplementary Card(s) (if any) must be returned to us.
47. Features and Benefits Renewable
In line with our commitment to upgrade your 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.
PHONE BANKING TERMS AND CONDITIONS
In addition to the terms and conditions above, if you:
- request the use of our services via telephone, (whether through telephone or other telecommunication services offered by us) (the "Services"); and
- have been issued a personal identifying code or number ("T-PIN"),
the following terms and conditions will also apply:
We are authorised to act on, and consider as valid and binding on you, any telephone instructions given by any person quoting or keying in:
- the title or number of your Card Account and the valid and current T-PIN for your Card Account; or
- any personal information in relation to you which you previously gave us.
You agree that the quoting and keying in of such information is sufficient proof that the instructions are authentic.
We are not obliged to verify the identity or the authority of the person giving the telephone instructions in or purportedly in your name. We are not liable for acting on the telephone instructions which are given by the person, regardless of whether the person is authorised to do so, 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.
You agree to keep the T-PIN strictly confidential at all times and will not disclose or permit it to be disclosed to any person. You will report to us immediately if the T-PIN has become known to any person.
You bear all consequences arising out of your failure to comply with your obligations under this provision.
We may at our absolute discretion require you to:
- confirm in writing the instructions within the period specified by us, call us to confirm the instructions, 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
- refuse in writing the instructions within the period specified by us, failing which we may treat such instructions as having been confirmed by you.
- Transactions relating to your 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 including those requested through the use of the Services.
You are under the duty to report any error, inaccuracy or discrepancy 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 written notification from you within fourteen (14) days, 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 conclusive evidence of all facts relating to all transactions you have requested though 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 on you, your legal representatives and your successors. You will therefore be precluded from making any claim against us by alleging that the statement contains any error, inaccuracy or discrepancy in relation to the transactions.
- For the avoidance of doubt, all terms and conditions in this Agreement relating to statements of account apply to the extent that they are not inconsistent with the terms and conditions of this provision.
- Any information given by us under the Services is for reference only. We are not liable or responsible for the completeness or accuracy of the information given, and we may update and vary such information at our discretion.
- We are not liable for any loss arising out of or in connection with the carrying out or failure or delay in carrying out your instructions.
- We may (but are not obliged to) record telephone instructions. Such recording are 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.
- All documents sent by you and received by us and all recordings of your instructions are admissible as primary evidence in any civil proceedings between us and you.
- We reserve the right to add to or vary any of the Services available through telephone or any of the terms and conditions stated here by giving you notice in whatever form we deem sufficient.
- We reserve the right to cancel or suspend any of the Services without any notice or reference to you.
- You will pay us all fees and charges which we may impose in connection with the Services.
- The Services include checking on the status of your 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 the use of your Card.
- The terms and conditions contained in this Agreement are in addition to and not in substitution for any other terms and/or conditions relating to your Card Account.
CITIBANK ONLINE TERMS AND CONDITIONS
In addition to the above terms and conditions, if you request for our services through Citibank Online services, the terms and conditions of our online terms and conditions 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.
PRIVACY FOR CONSUMERS AT CITI
Our goal is to maintain your trust and confidence when handling your personal information.
You Have Choices
As a Citi customer, you have the opportunity to make choices. As you consider this, we encourage you to make choices that enable us to provide you with quality products and services that help you meet your financial needs and objectives.
Security of Personal Information
The security of your personal information is our priority. We protect this information by maintaining physical, electronic, and procedural safeguards that meet applicable laws. We train our employees in the proper handling of personal information. When we use other companies to provide services for us, we require them to protect the confidentiality of personal information they receive.
Your Choices at Citibank Malaysia
At Citibank we endeavor to keep you informed of the latest marketing and promotional offers we feel would be useful and beneficial to you. These include programs you may find valuable in helping you manage your account such as product or service upgrades, credit line increases and other benefits.
However, you can choose not to receive these materials should you so desire, by calling our 24-Hour CitiPhone at 03-2383 0000 03-2383 0000 (Kuala Lumpur), 04-296 0000 04-296 0000 (Penang), 07-268 0000 07-268 0000 (Johor Bahru) or 1800-82-1010 1800-82-1010 (Sabah and Sarawak), or writing to our Customer Service Centre, Citibank Berhad, (Ref: Privacy), P.O. Box 11725, 50754 Kuala Lumpur, or by facsimile to +603-2383 6666 +603-2383 6666) or logging in to Citibank Online at www.citibank.com.my to email us. Please allow 8 to 10 weeks for your request to take effect. If you would like to be reinstated, simply call our CitiPhone Officers and we will gladly assist you with your request.