(For full details, please refer to the DBS Card Agreement below)
LIABILITY FOR LOST/STOLEN CARDS
You shall not be liable for any transactions carried out after we have been notified of the loss/theft/disclosure.
However, you shall be liable for all transactions carried out before we are notified of the loss/theft/disclosure,
even if such transactions were carried out without your authorisation.
PAYMENT OBLIGATIONS
You shall pay us the entire outstanding balance or at least, the minimum payment specified in the Card Account statement by the payment due date.
If minimum payment is not received by the payment due date specified in your Card Account Statement, a late charge of S$45 will be levied.
If payment is not made in full, you must pay a finance charge of 24% p.a. (subject to a minimum charge of S$2.50) on (i) the outstanding balance in your Card Account statement from the date such transaction was effected to the statement date of that Card Account and (ii) the entire outstanding balance of your Card Account (less any partial payment made) from the statement date of the Card Account until full payment of such outstanding balance is made.
TRANSACTIONS IN FOREIGN CURRENCIES
Transactions in foreign currency shall be converted to Singapore dollars on the date of conversion based on the prevailing wholesale currency market rates or the government-mandated rate, as shall be determined by the respective card associations, namely Visa International, MasterCard International & American Express International, Inc. The rate used for the conversion may be different from the rate in effect on the date of the transaction due to market fluctuation. All transactions in foreign currency are subject to a charge imposed by the respective card associations, either as a reimbursement charge representing the charge imposed on us or as a direct charge to you. An administrative fee of 1.5% of the foreign currency transaction amount for services provided or actions taken by us in relation to such foreign currency transactions shall be payable by you and debited to your Card Account.
OTHER CHARGES
In addition to the above, you shall also be responsible where applicable for the following charge, including but not limited to:
- annual service fee
a non-refundable fee for the issuance and renewal of each Principal and Supplementary Card,
- processing fee for returned GIRO or dishonoured cheques
a fee for any returned GIRO or dishonoured cheque tendered to us as payment,
- retrieval service fee
a fee for retrieval of sales draft or monthly statement (beyond the current 3 months),
- cash advance fee
a fee for any cash advance obtained by using your Card and/ or PIN. A finance charge of 24% p.a. on the amount
withdrawn, chargeable on a daily basis from the cash advance transaction date until full payment applies.
DBS CAPITACARD AGREEMENT
This Agreement contains the terms and conditions applicable to your Card(s) and your Card Account(s). Please read
them carefully before you sign or use the Card(s). Upon signing or using the Card(s), you will be bound by this Agreement. A reference to the words "use", "using" or "use of" any Card shall mean use of the physical Card or any detail or particular of the Card including but not limited to the Card Account number and expiry date of the Card or use via such other permitted means or channels as we may designate or allow from time to time.
When you read this Agreement, bear in mind that "you", "your" and "Cardholder" mean the person named on the enclosed
Card. The words "we", "our" and "us" refer to DBS Bank Ltd and its successors and assigns. If you are the individual requesting us to issue the Card(s) to you, you will be known as the "Principal Cardholder" and you will have an account with us called the "Card Account". If you have received this Card(s) upon the request of a Principal Cardholder to be used in conjunction with the Principal Cardholder's Card Account, you will be called the "Supplementary Cardholder", and each Card(s) issued to you will be known as a "Supplementary Card".
1. USE OF CARD/PIN
1.1 RECEIPT OF CARD/PIN
Once your application for a Card is approved, we shall send you a Card and a Personal Identification Number (PIN) to
be used in conjunction with your Card. Upon receipt of your Card, you should sign the Card before you use it. By signing
the Card or using the Card, you will be bound by the terms and conditions of this Agreement.
1.2 CARD AND PIN FACILITIES
You may use your Card for making authorised purchases or obtaining cash advances. No other person is allowed to
use the Card and/or PIN to make any transactions. We may determine at our sole discretion the facilities that you may
utilise using your PIN. Should we decide to, we may also modify any such facilities.
2. CREDIT LIMIT
2.1 CHARGES NOT TO EXCEED OVERALL CREDIT LIMIT
We may set an overall credit limit in respect of each Card Account. The total charges incurred under each
Card Account by the Principal Cardholder and the Supplementary Cardholder(s) when added together, must not
exceed the credit limit set for each Card Account. We may, where necessary, review any of your credit limits without notice.
2.2 WHERE CHARGES EXCEED CREDIT LIMIT
We may choose to approve certain card transactions that would result in the credit limit being exceeded. On any
occasion where the credit limit relating to your Card Account has been exceeded, you shall immediately pay us the
amount in excess of your credit limit. We may also refuse to authorise any card transaction that you wish to effect
even though such card transaction would not cause the credit limit to be exceeded.
3. LOSS/THEFT OF CARD/DISCLOSURE OF PIN/ACCOUNT NUMBER
3.1 DUTY TO PREVENT LOSS/THEFT/FRAUD
Your Card(s) remain our property at all times. You must keep your Card(s) securely and ensure that your Card
Account number(s) and PIN are not disclosed to any other person.
3.2 DUTY TO NOTIFY US
Should you discover that your Card is lost, stolen or used or PIN or any detail or particular of your Card or Card
Account is stolen, disclosed or used in an unauthorised way, you shall notify us immediately of the loss, theft or unauthorised use by calling our Customer Service Hotline at 1800 111 1111 or by notifying us in writing. In certain circumstances, we may also require you to make a police report accompanied by written confirmation of the loss/theft/disclosure and any other information that we may require.
3.3 LIABILITY FOR LOST/STOLEN CARDS
You shall not be liable for any transactions carried out after we have been notified of the loss/theft/disclosure.
However we shall debit the relevant Card Account for all transactions carried out before we are notified of the
loss/theft/disclosure, even if such transactions were carried out without your authorisation.
4. PAYMENT
4.1 LIABILITY FOR TRANSACTIONS
You are liable for all authorised card transactions and cash advances. In addition, you shall be responsible for unauthorised transactions referred to in Clause 3.3 above. We shall send the Principal Cardholder a Card Account statement every month listing the transactions incurred by the Principal Cardholder and the Supplementary Cardholder(s) (where applicable) in respect of each Card Account(s).
4.2 PAYMENT OBLIGATIONS
- You shall pay us the entire outstanding balance or at least, the minimum payment specified in the Card Account
statement by the payment due date. If your card transactions exceed your credit limit in any given month, you shall also pay all amounts by which the credit limit has been exceeded. If you do not pay the entire outstanding balance by the payment due date, you must pay a finance charge of 24% p.a. on (i) each individual transaction comprising the outstanding balance in your Card Account statement from the date such transaction was effected to your Card Account to the statement date of that Card Account and (ii) the entire outstanding balance of your Card Account (less any partial payment made) from the statement date of the Card Account until full payment of such outstanding balance is made.
- If you fail to make at least the minimum payment specified in your Card Account Statement by the payment due date,
you may also be liable for a late payment charge at such rate as we may determine.
- Any finance or late payment charge payable by you shall be calculated based on a 365-day year or on a 366-day
year in a leap year.
4.3 OTHER CHARGES
In addition to the above, you shall also be responsible where applicable for the following charges including but not
limited to:
- annual service fee
a non-refundable annual service fee for the issue and renewal of each Principal and
Supplementary Card;
- processing fee for returned GIRO or dishonoured cheques
a processing fee for any returned GIRO or dishonoured cheque tendered to us as payment;
- administrative fee for production of documents
an administrative fee for any replacement Card or production
of documents relating to your Card;
- service fee for irregular payment made through another financial institution
a service fee if payment under
any arrangement made between you and another financial institution in respect of payment for your Card Account is irregular;
- cancellation fee for "no show reservation"
a charge for cancelling or failing to fulfil an airline or hotel reservation secured through your Card;
- cash advance fee
a cash advance fee of 5% of the cash advance or $15 (whichever is greater) for any cash
advance obtained by using your Card and/or PIN;
- service charge/administrative fee
a service charge or administrative fee for any service or facility provided by us or any action taken by us in carrying out any of your instructions and/or requests relating to your Card Account, whether such service or action is referred to or contemplated in this agreement or otherwise.
4.4 CASH ADVANCES
Notwithstanding the overall credit limit referred to in Clause 2.1, you may use your Card to obtain cash
advances only up to the limit determined by us from time to time, whether or not such limit is notified to you. If a cash advance is obtained through the use of your Card and/or the PIN of your Card, we may debit the Card Account of your Card with:
- the fee stated in Clause 4.3(f); and
a finance charge (at the rate stated in Clause 4.2) on the amount of the cash advance as from the date the
cash advance was obtained until full payment of the outstanding balance of that Card Account is made.
4.5 RIGHT TO VARY CHARGES
We may vary with notice the rate or amount of any charge, fee or interest payable under this Agreement.
4.6 GOODS AND SERVICES TAX
You shall be responsible for all goods and services tax and all other taxes imposed on or payable in respect
of any amount required to be paid under this Agreement. We may debit the amount of such tax to your Card Account.
5. TERMINATION OF USE OF CARD AND CARD ACCOUNT
5.1 OUR RIGHT TO TERMINATE
We may suspend or terminate your Card Account(s) at any time without having to give any reasons or notice.
5.2 YOUR RIGHT TO TERMINATE
You may terminate your Card Account(s) at any time by giving us written notice. The Principal Cardholder
may also terminate the use of any Supplementary Card.
5.3 OBLIGATIONS UPON TERMINATION
Upon the termination of your Card Account(s) for whatever reason, you shall not continue to use your Card(s).
For security reasons, please cut the card(s) into halves and dispose of them immediately. Your obligations under
this Agreement will however continue and all outstanding balances which shall include such charges and liabilities
you may have incurred but which have not been debited to your Card Account(s)] on your Card Account(s) shall
become payable at once or when they have been made known to you, whichever is earlier. Until the outstanding
balances are paid in full, a finance charge may be imposed on you in the manner stipulated in Clause 4.2. In the
event where you are entitled to any credit refund relating to your Card Account, whether before or after termination,
you agree that we may, without further notice to you, effect such refund by crediting the relevant amount to any of your
existing banking account(s) with us.
6. LIABILITY OF CARDHOLDERS
6.1 LIABILITY OF PRINCIPAL CARDHOLDER
If you are the Principal Cardholder, you are liable for and must pay us on demand the outstanding balances
whether incurred by you or the Supplementary Cardholder(s) on your Card Account(s) including all charges
and costs debited to any Card Account(s). You are jointly and severally liable with each Supplementary Cardholder
for such part of the outstanding balance in connection with his/her Supplementary Card.
6.2 LIABILITY OF SUPPLEMENTARY CARDHOLDERS
The Supplementary Cardholder(s) is liable only for such part of the outstanding balance in connection with his/her
Supplementary Card.
6.3 LIABILITY OF EACH CARDHOLDER
Any invalidity, unenforceability, release or discharge of the liability of any Cardholder to us shall not affect the
liability of any other Cardholder(s) (where any) to us.
7. EXCLUSIONS AND EXCEPTIONS
7.1 NON-ACCEPTANCE OF CARD
We are not liable in any way:
- should your Card(s) or PIN be rejected by a merchant or any terminal used to process card transactions or
f we refuse for any reason to authorise any card transaction;
- for any malfunction, defect or error in any terminal used to process card transactions, or other machines or
system of authorisation whether belonging to or operated by us or other persons;
- for any delay or inability on our part to perform any of our obligations under this Agreement because of any
electronic, mechanical, system, data processing or telecommunication defect or failure, Act of God, civil
disturbance or any event outside our control or the control of any of our servants, agents or contractors or
any fraud or forgery or;
- for any damage to or loss or inability to retrieve any data or information that may be stored in your Card(s) or
any microchip or circuit or device in your Card(s).
7.2 PROBLEMS WITH GOODS AND SERVICES
We are not liable in any way should you encounter any problems with the goods and services that you obtain
through the use of your Card nor are we responsible for any benefits, discounts or programmes of any
merchant that we make available to you. We make no representation as to the quality, provision of performance
of any such goods or services. You acknowledge we are not acting as agent for any merchant. You should
resolve any complaints about the goods and services directly with the merchant. In spite of the non-delivery
or non-performance or defects in any such goods and services, you shall pay us the full amount shown in the Card Account statement.
8. INSTALMENT PAYMENT PLAN (with effect from 1 Jun 2005)
If you have applied to participate in the DBS Instalment Payment Plan (the "Plan"), you authorise/agree/
undertake with us as follows:
- You authorise us to pay to the relevant merchant for your purchase of the relevant goods/services (in such
manner as may be agreed between the merchant and us) and to debit your Card Account for the purchase
price of the goods and services in the number of instalments indicated on the receipt containing details of the Plan.
- We have the discretion to determine the size of each instalment payment as long as the total instalment
payments do not exceed the purchase price.
- The first instalment payment will be debited from your Card Account on the next statement date of your
Card Account (which will be the date reflected as the "statement date" in the respective Card Account statement ).
Each subsequent instalment payment will be debited on or about the same day in each following month,
until the purchase price has been completely debited to the Card Account.
- You agree that the credit limit related to your Card Account will be reduced by such portion of the purchase
price that is unpaid, although the same may not be posted to your Card Account as yet.
- If any instalment payment debited to your Card Account is not paid in full when due and payable, you must
pay us the finance charges, interest and fees on the outstanding amounts at our prevailing rate.
- We may at our discretion and without notice to you debit the whole balance of the purchase price then
outstanding to your Card Account at any time, in which case such balance will be immediately due and payable by you.
- We may at our discretion impose an administrative fee at such rate as we may determine if the Plan is
terminated (whether arising from the termination of your Card Account or otherwise) or if you make a
prepayment of any amount under the Plan.
- You will not hold us responsible in any way for any goods/services supplied or not supplied by any merchant or the quality or performance of any goods/services pursuant to or in relation to any card transaction. Any dispute or complaint which you may have against any merchant must be resolved directly between you and the merchant and such dispute or complaint or any claim or right of set-off which you may have against the merchant shall in no way affect your liabilities and/or obligations under this Agreement.
9. CONCLUSIVENESS OF DOCUMENTS
Any of our records relating to card transactions with your signature are conclusive evidence of their accuracy
and authenticity and shall be binding on you for all purposes. You shall also notify us if you discover any errors or inaccuracies in any Card Account statement. If you fail to inform us of any error or inaccuracy in the Card Account statement within seven (7) days from your receiving it, the contents of the Card Account statement shall be conclusive and binding on you.
10. APPROPRIATION OF PAYMENTS
We have the right to appropriate all payments made by you in any manner or priority that we see fit even if you or
the person making the payment indicates such payment is meant for a specific purpose.
11. AMENDMENT
11.1 CHANGES TO AGREEMENT
We may change the contents of this Agreement and/or create new terms and conditions at any time by notifying you of the changes. The changes shall take effect on the date specified in the notice. Should you continue to keep or use the Card(s) after the specified date, you shall be considered to have accepted the changes.
11.2 PUBLICATION OF CHANGES
We may notify you of any changes to this Agreement by publishing such changes in any local newspapers or by displaying them at our branches. We may however choose to inform you by other means of communication.
12. DISCLOSURE OF INFORMATION
12.1 PARTIES TO WHOM DISCLOSURE MAY BE MADE
You authorise us to disclose any particulars of your Card Account and/or your use of the Card(s) and/or (if you
have executed a charge on deposit to secure your liabilities under the Card ("Charge")) any information relating
to the charge on deposit:
- any person or organisation participating in the provision of electronic or, without limitation, other services in
connection with banking services or usage or loyalty benefits made available or utilised by you, whether in Singapore or outside Singapore for the purpose of the operation of the said services, including but not limited to investigating discrepancies, errors or claims;
- banks, credit or charge card companies or merchants in credit or charge card enquiries;
- outsourced agents appointed by us for the purpose of making, printing, mailing, storing, microfilming and/or filing personalised cheques, statements of accounts, cards, labels, mailers or any other documents or items on which your name and/or other particulars appear, or any data or records or any documents whatsoever;
- any information garnering or processing organisation or department or consultant conducting survey(s) or analyses or developing system applications on our behalf;
- any person or organisation for the purpose of marketing or promoting any services or products whether our own or tied up by us;
- VISA International, MasterCard International or American Express International;
- any of our related corporations (as such term is defined in the Companies Act, Chapter 50 of Singapore) for
risk management purpose, for monitoring credit exposures across the DBS Group to you and for cross-selling purposes. "DBS Group" means any of our subsidiaries, our holding company and any subsidiaries of our holding company;
- any government agency or authority or courts of the jurisdiction where any of our overseas branches is situated;
- any person or organisation for the purpose of collecting or recovering on our behalf, or securing for your benefit or repaying on your behalf, any sums of money owing to us from you;
- any credit bureau of which we are a member or subscriber ("Bureau").
12.2 CREDIT BUREAU
For the purpose of assessing your creditworthiness as a borrower or surety, you also authorise:
- us to obtain information relating to you from any Bureau and consent to such Bureau disclosing information
about you to us, and
- the Bureau to disclose information about you obtained from us to its members or subscribers and/or compliance
committees. Our authority, and the Bureau's authority, to disclose such information shall survive the termination
to this Agreement.
12.3 ADDITIONAL RIGHTS
Our rights under this Clause shall be in additional and without prejudice to other rights of disclosures available
pursuant to Banking Act, Chapter 19 of Singapore (as may be amended and substituted from time to time) or any
other statutory provision and in law and nothing herein is to be construed as limiting any of these other rights.
13. SET OFF AND CONSOLIDATION
13.1 EXTENT OF OUR RIGHTS
We shall be entitled at any time and without notice to you combine or consolidate the moneys in any of your
accounts maintained with us (whether matured or not) towards the repayment of sums owed by you in your Card
Account(s) regardless of where your other accounts are located or whether your other accounts are held in your
sole name or jointly with others.
13.2 SET OFF AND CONSOLIDATION INVOLVING FOREIGN CURRENCIES
Where any set off or consolidation undertaken by us involves the conversion of one currency to another, we
shall make the necessary conversion at our prevailing currency exchange rate. Any losses that may arise from
such conversion shall not be recoverable from us.
14. COMMUNICATION AND SERVICE OF DOCUMENTS
14.1 COMMUNICATION
We may send any cards, notices, Card Account statements or any other communication to you by facsimile
transmission, short message service (SMS), electronic mail, ordinary pre-paid post or personal delivery to your
last known address. Communication and notices sent by facsimile shall be considered to have been sent and
received by you on the same day. Communication and notices sent by pre-paid mail shall be considered to have
been delivered on the day immediately after the date of posting if sent by post in Singapore, and considered
delivered five (5) days after the date of posting if sent outside of Singapore.
14.2 COMMUNICATION INVOLVING SUPPLEMENTARY CARDHOLDERS
Any Card Account statement or notice or any amendment to this Agreement that is sent by us to the Principal
Cardholder shall be considered to have been sent and received by the Supplementary Cardholder at the same time.
14.3 SERVICE OF DOCUMENTS
We may serve you with a writ of summons, statement of claim or any other legal process or document requiring
personal service by delivering it personally, sending it by ordinary post or by leaving it at your last known
address (whether a post office address or private residence or business residence or otherwise). You will be
considered to have been properly served on the date of delivery if we deliver such process personally to you,
or served on the next date after the date of posting if such process is posted to you. In addition to these methods
of service, we may serve you in any other method permitted by law.
15. MISCELLANEOUS
15.1 LAWFUL USE OF CARD
You shall not use the Card(s) for any unlawful purpose. The purchase of goods and services through the
use of the Card(s) that would contravene any law is prohibited.
15.2 RECOVERY OF COSTS
Any costs, fees or expenses (including legal costs) that are incurred by us as a result of your breach of the
terms and conditions of this Agreement or any Charge or arising out of our enforcement of any of our rights
hereunder or under any such Charge shall be recoverable by us from you on a full indemnity basis.
15.3 REFERENCES TO SINGAPORE DOLLARS
Any references to dollars and "$" in this Agreement shall mean Singapore dollars. If the billing currency in your
Card Account(s) is not the Singapore dollar, we may convert any amounts in such Card Account(s) into Singapore
dollars at the exchange rate that we may determine.
15.4 INSTRUCTIONS FROM YOU
All requests or instructions from you must be in writing and signed by you. We may choose to accept any
instruction from you made through electronic mail, facsimile transmission and in the case of the telephone,
such instruction that we believe is given by you even if you had not actually given such instructions. Any
non-written instructions shall be given to us at your risk and we shall not be responsible for any loss or
damage that you may suffer.
15.5 DELAY OR FAILURE TO EXERCISE RIGHTS
Any delay or failure by us to exercise our rights and/or remedies under this Agreement or under any
Charge does not represent a waiver of any of our rights. We shall be considered to have waived our
rights only if we specifically notify you of such a waiver in writing.
15.6 ADDITIONAL BENEFITS, SERVICES OR PROGRAMMES
We may provide at our sole discretion, additional services, benefits or programmes in connection with the
use of your Card(s). Such additional services where provided, do not form part of our legal relationship
with you and we may withdraw or change these services at any time without notice to you. Those additional
services, benefits or programmes may be subject to their own terms and conditions.
15.7 ADDITIONAL TERMS
In addition to this Agreement, our Terms and Conditions Governing Electronic Services and our other terms
and conditions (including any additions and/or variations to any of such terms and conditions) intended or
expressed to govern the use of the Card or any of the card transactions or products or services or facilities
accessed through or linked to the Card or Card Account or any of the card transactions shall also apply to
the use of the Card, the Card Account and the card transactions notwithstanding any provisions to the
contrary in such terms and conditions. You are deemed to have read and/or understood such terms and
conditions and will abide and be bound by them accordingly.
15.8 GOVERNING LAW
This Agreement is subject to Singapore law and you hereby submit to the non-exclusive jurisdiction
of the courts of Singapore.
15.9 OTHER VERSIONS OF THIS AGREEMENT
In the event of any inconsistency between different versions of this Agreement, the English version shall prevail.
15.10 CONTRACTS (RIGHTS OF THIRD PARTIES) ACT, CHAPTER 53B.
A person who is not a party to this Agreement may not enforce any of these terms and conditions
under the Contracts (Rights of Third Parties) Act, Chapter 53B. Notwithstanding any term of this Agreement,
the consent of any third party is not required to vary, release or compromise any liability, or terminate
any of the terms of this Agreement.
TERMS & CONDITIONS GOVERNING LOYALTY DOLLARS
1. DEFINITIONS
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1.1 |
In this Agreement, the definition of terms shall be as set out below, except where the context otherwise requires: |
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1.1.1 |
"Award" means the award of DBS Loyalty Dollars to the Customer by the Partner Merchants and/or by DBS Bank. |
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1.1.2 |
"Card" means such cards as DBS Bank may from time to time decide including, but not limited to, personal DBS Bankcard, generic DBS generic Visa Credit Card and generic Mastercard Credit Card and generic American Express Credit Card issued by DBS Bank. |
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1.1.3 |
"Customer" means any customer of DBS Bank with a valid DBS account. |
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1.1.4 |
"Customer's Loyalty Account" means the account(s) maintained by DBS Bank for the Customer stating the number of DBS Loyalty Dollars accumulated by him. |
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1.1.5 |
"DBS Bank" means DBS Bank Ltd. |
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1.1.6 |
"DBS Loyalty Dollars" means loyalty dollars awarded under the Programme. |
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1.1.7 |
"Partner Merchants" means the merchants currently participating in the Programme and may include DBS Bank (as the case may be). |
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1.1.8 |
"Partner Merchant's Agreement" means the agreement between DBS Bank and the Partner Merchant in respect of the Programme. |
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1.1.9 |
"PIN" means any Personal Identification Number and/or Password and/or any other form of electronic identification/signature, whether issued by DBS Bank or any other person, used by the Customer to access any services provided by DBS Bank. |
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1.1.10 |
"Programme" means the DBS Cash Rebate Programme, as may be amended, supplemented or added by DBS Bank from time to time. |
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1.1.11 |
"Redemption" means the redemption of DBS Loyalty Dollars by the Customer at the Partner Merchants or online via DBS Website into the Credit card account. |
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1.1.12 |
"Terminal" means any computer or electronic equipment. |
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1.2 |
Unless the context otherwise requires, words importing the singular shall also include the plural and vice versa. Words denoting the masculine gender include the feminine gender and both shall include the neuter gender. |
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1.3 |
The headings in this Agreement are inserted for ease of reference only and shall not affect the construction of these Terms and Conditions. |
2. DEFINITIONS
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2.1 |
Subject to the terms of this Agreement, DBS Loyalty Dollars will be awarded to a Customer who has a valid Card. |
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2.2 |
Any Customer residing in Singapore whose account(s) are in good standing, as determined by DBS Bank in its sole discretion, will be automatically extended the privilege to participate in the Programme as at the date of commencement of the Programme or on such date as determined by the Bank from time to time. |
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2.3 |
If the Card, or the Customer's account or banking relationship with DBS Bank, is terminated at any
time for any reason, whether by the Customer or DBS Bank, the Customer will forthwith be disqualified from participating in the Programme and all unused DBS Loyalty Dollars then accrued shall automatically be cancelled and no longer be available for use by the Customer; such DBS Loyalty Dollars shall not be transferable to any other Customer's Loyalty Account. If the Customer wishes to terminate his Card or close any account in his name (whether personal or joint) with DBS Bank for any reason, and there is a
negative balance in his Customer's Loyalty Account at the time of such request, the Bank shall not be obliged to proceed with such closure until the Customer repays DBS Bank the amount of such negative balance. The Customer authorises DBS Bank to debit the amount of such negative balance from his account. |
3. AWARD OF DBS LOYALTY DOLLARS
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3.1 |
Awards shall be made by Partner Merchants (including DBS Bank in its capacity as a Partner Merchant) for the purchase of goods and/or services by the Customer from the Partner Merchants in accordance with these Terms and Conditions, the Partner Merchant's Agreement, and the Partner Merchants' Terms and Conditions. The Partner Merchants shall make Awards by crediting the Customer's Loyalty Account with the relevant number of DBS Loyalty Dollars. DBS Loyalty Dollars cannot be credited into any account other
than the Customer's Loyalty Account. Notwithstanding the foregoing, DBS Bank may, in its sole and absolute discretion, award DBS Loyalty Dollars to the Customer pursuant to these Terms and Conditions and subject to such additional terms as may be imposed by DBS Bank in its discretion. |
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3.2 |
Awards will only be made: |
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3.2.1 |
to a Customer who makes payment personally with the Card; |
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3.2.2 |
at the point of sale; |
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3.2.3 |
based on the amount paid by the Customer after deducting any redemption of DBS Loyalty Dollars; and |
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3.2.4 |
based on the rebate agreed between the Partner Merchant and DBS Bank. |
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3.3 |
Awards will not be made for: |
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3.3.1 |
instalment payment plan purchases; |
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3.3.2 |
internet bill payments; |
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3.3.3 |
transactions conducted on contactless or wireless payment terminals; |
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3.3.4 |
any other transaction effected via any medium or channel, electronic or otherwise, which transaction, medium or channel DBS Bank may in its sole and absolute discretion choose to disallow |
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3.4 |
For the avoidance of doubt, and notwithstanding any clause or provision in this Agreement, DBS Bank may at any time, at its sole and absolute discretion, cancel any of the DBS Loyalty Dollars from any Customer's Loyalty Account, awarded to Customer for any reason whatsoever. |
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3.5 |
DBS Loyalty Dollars are not redeemable for cash or credit. DBS Loyalty Dollars are not transferable. Different types of DBS Loyalty Dollars awarded to Customer are not mutually exchangeable or transferable and cannot be used in substitution of each other for purposes of Redemption. |
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3.6 |
Partner Merchants may require a Customer to produce a valid Card before making an Award. |
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3.7 |
Partner Merchants may, subject to the prior written approval by DBS Bank, (a) determine the terms and conditions under which they will make Awards (the "Partner Merchant's Terms and Conditions"); and (b) amend or vary their Partner Merchant's Terms and Conditions. |
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3.8 |
DBS Bank shall not be held responsible for any delay or failure on the part of the Partner Merchants in making Awards or in notifying DBS Bank of the DBS Loyalty Dollars awarded to Customers. |
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3.9 |
An Award shall be valid only if, at the time of the Award, the Partner Merchant making the Award: |
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3.9.1 |
is party to a valid and existing Partner Merchant's Agreement; and |
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3.9.2 |
is not in breach of the Partner Merchant's Agreement whether or not DBS Bank has notice of or has given notice to the Partner Merchant of any breach by the Partner Merchant. |
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3.10 |
Without prejudice to the generality of the foregoing, DBS Bank may, without being obliged to do so, cancel any DBS Loyalty Dollars awarded if: |
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3.10.1 |
at the time of the Award: |
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3.10.1.1 |
the Partner Merchant making the Award was not party to a valid and existing Partner Merchant's Agreement; or |
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3.10.1.2 |
the Partner Merchant was in breach of the Partner Merchant's Agreement whether or not DBS Bank has notice of or has given notice to the Partner Merchant of any breach by the Partner Merchant; or |
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3.10.2 |
the Partner Merchant directs DBS Bank to cancel the DBS Loyalty Dollars; or |
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3.10.3 |
the Programme is terminated under clause 6 |
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3.11 |
DBS Loyalty Dollars will cease to be valid after they have been cancelled. For the avoidance of doubt, the Customer shall not be entitled to any compensation in respect of such cancellation. |
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3.12 |
In determining the amount paid for the purchase of goods and/or services for purposes of calculation of DBS Loyalty Dollars, annual card membership fees, interest, late payment charges, GST, cash advances, and other fees and charges shall not be taken into account provided always that DBS Bank is entitled, in its absolute discretion, at any time and from time to time and without notice and without giving any reason, to take into account any card transaction or charges or purchase in the calculation of DBS Loyalty Dollars or to otherwise vary the basis of calculation of DBS Loyalty Dollars. |
4. VALIDITY PERIOD OF DBS LOYALTY DOLLARS
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4.1 |
Each DBS Loyalty Dollar awarded will expire on an annual basis in the same month that they were earned. DBS Loyalty Dollars not redeemed by its expiry date shall be automatically cancelled. DBS Bank may from time to time change the period of validity of the DBS Loyalty Dollars without notice to the Customer. |
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4.2 |
Expired DBS Loyalty Dollars will not be redeemable for cash or credit. Expired DBS Loyalty Dollars
are not transferable. |
5. REDEMPTION OF DBS LOYALTY DOLLARS
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5.1 |
Redemption may only be made upon the verification of the Customer's identity by the Partner Merchant in accordance with these Terms and Conditions or the Partner Merchant's Agreement. |
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5.2 |
Partner Merchants may require a Customer to produce a valid Card before processing any Redemption. |
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5.3 |
DBS Loyalty Dollars belonging to other Customers may not be combined for the purposes of Redemption. |
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5.4 |
Different types of DBS Loyalty Dollars awarded to Customer are not mutually exchangeable or transferable and cannot be used in substitution of each other for purposes of Redemption or any other purpose. |
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5.5 |
Any dispute arising from or relating to any Redemption shall be settled between the Customer and Partner Merchant. DBS Bank shall not be liable for any claim arising from or relating to any Redemption. |
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5.6 |
DBS Bank shall not be responsible for any unauthorised Redemption or any other transaction involving DBS Loyalty Dollars, howsoever arising (even if the Customer had informed DBS Bank that the Card had been lost or stolen). |
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5.7 |
For certain Partner Merchants (as may be determined by DBS Bank or the Partner Merchant from time to time), Customer acknowledges and agrees that any Redemption by Customer must be made in full (and no partial Redemption is permitted). |
6. TERMINATION
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6.1 |
DBS Bank may at its sole discretion, without prior notice to the Customer, suspend or terminate the Programme in which event all DBS Loyalty Dollars shall be automatically cancelled. |
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6.2 |
Without prejudice to the generality of the foregoing clauses in these Terms and Conditions, if any one or more of the following shall occur: |
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6.2.1 |
DBS Bank determines in its sole and absolute discretion that the Customer has abused or is likely to abuse the Programme in any manner whatsoever;
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6.2.2 |
the Customer commits any fraud or misrepresents any information supplied or to be supplied by the Customer; |
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6.2.3 |
any sums payable by the Customer to DBS Bank shall at any time be unpaid for fourteen (14) days after becoming payable (whether any formal or legal demand therefore shall have been made or not); |
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6.2.4 |
the Customer shall default in the due observance and performance of any of these terms or conditions or any other applicable terms and conditions, and such default (if capable of being remedied) shall not be remedied for a period of thirty (30) days after DBS Bank shall have given to the Customer written notice of such default.
It shall be lawful for DBS Bank, notwithstanding the waiver of any previous right, to revoke the Customer's right to participate in the Programme and cancel the DBS Loyalty Dollars in the Customer's Loyalty Account without prior notice to the Customer. |
7. OTHER CONDITIONS
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7.1 |
DBS Bank shall not be responsible or liable to any Customer for any inconvenience, loss or damage or embarrassment incurred or suffered by Customer as a consequence of: |
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7.1.1 |
any malfunction, defect or error in any Terminal, or other machines, or system of authorisation, howsoever caused; or |
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7.1.2 |
any rejection of Card or PIN by any Terminal at the Partner Merchants' outlets or any failure to effect or complete any transaction howsoever caused; or |
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7.1.3 |
any delay or inability on the part of DBS Bank to perform any of its obligations pursuant to this Agreement because of any electronic, mechanical, system, data processing or telecommunication defect or failure, or any event outside its control or the control of any of the Partner Merchants; or |
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7.1.4 |
any delay, inability or refusal on the part of the Partner Merchant to perform any of their obligations pursuant to their Partner Merchant's agreement for any reason whatsoever. |
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7.2 |
DBS Bank shall not be responsible for the goods or services purchased under any transaction or the quality or the performance of such goods and services. |
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7.3 |
DBS Bank shall not be held liable for any loss, physical injury, illness, costs or damages resulting from or during any visit to or purchases made from any Partner Merchant. |
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7.4 |
DBS Bank shall not be responsible for the content or accuracy of the promotional materials which DBS Bank distributes on behalf of Partner Merchants. |
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7.5 |
DBS Bank disclaims any liability whatsoever arising from or relating to Awards or Redemptions. |
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7.6 |
The Customer shall keep DBS Bank fully indemnified against all loss and damage, directly or
indirectly arising from or relating to the Customer's misuse of the Card and/or breach of these Terms and Conditions, suffered or incurred by DBS Bank. |
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7.7 |
DBS Bank may at any time vary, modify or amend these terms and conditions as it may, in its
absolute discretion, think fit, and the Customer shall be bound by such variations and amendments provided such amendments or a set of the revised terms are exhibited at the branches or website (www.dbs.com/sg) of DBS Bank and/or publicised by DBS Bank through any media. Upon such exhibition or publication, the Customer shall be deemed to have notice of such amended terms and conditions. If the Customer does not accept any addition and/or variation to these terms and conditions, the Customer shall discontinue his participation in the Programme by requesting the Bank to terminate the Customer's Loyalty Account. If the Customer continues to request for. |
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7.8 |
Awards or Redemptions after such notification, the Customer shall be deemed to have agreed to the addition and/or variation without reservation. |
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7.9 |
In addition to the right of DBS Bank to disclose information as set out any terms and conditions in relation to the services provided by DBS Bank, the Customer hereby authorises DBS Bank to disclose information regarding the Customer and the Customer's Loyalty Account(s) to third parties for the purposes of the Programme. |
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7.10 |
The Customer may obtain transaction receipts and statements relating to the Customer's Loyalty
Account from Partner Merchants and selected self-service banking facilities. DBS Bank's records of all matters relating to the Programme are conclusive and binding on the Customer. DBS Bank is entitled, for any reason and at any time, without liability or prior notice, to suspend the calculation or accrual of DBS Loyalty Dollars, to rectify any errors in the calculation, or otherwise adjust such calculation. In the event of any discrepancy between the records of DBS Bank and any receipt or statement issued by the Partner Merchant, DBS Bank's records will prevail. |
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7.11 |
Where a Card has both a principal and supplementary Cardholder: |
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7.11.1 |
any DBS Loyalty Dollars awarded to either cardholder will be reflected in the same Customer's Loyalty Account. Either Cardholder may redeem the DBS Loyalty Dollars in the relevant Customer's Loyalty Account; and |
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7.11.2 |
transaction receipts and statements relating to the Customer's Loyalty Account for that Card obtained from Partner Merchants and selected self-service banking facilities in respect of any transaction will indicate all DBS Loyalty Dollars redeemed and awarded and the resulting new balance, regardless of whether it is the principal or supplementary Cardholder transacting on the Card. |
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7.12 |
DBS Bank will require at least seven (7) working days to effect any instructions given by
Customers in relation to the Programme. "Working day" excludes Saturdays and Sundays. |
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7.13 |
These Terms and Conditions are governed by and shall be construed in accordance with the laws of the Republic of Singapore. Customers hereby irrevocably submit themselves to the jurisdiction of the courts of the Republic of Singapore. |
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7.14 |
By using the Card to participate in the Programme or through any other conduct construed as active participation in the Programme, the Customer shall be deemed to have read, understood, and accepted these Terms and Conditions.
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7.15 |
All terms and conditions relating to the use of the Cards (including the DBS Card Agreement)
and/or any banking relationships and all terms and conditions governing electronic services shall continue to apply. In the event of any inconsistency, these Terms and Conditions will prevail. |
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7.16 |
DBS Bank's decision on all matters relating to the Programme is final and binding on the Customer. |
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