DBS Card 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".

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.
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.
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

If your Card is lost or stolen or if the PIN is disclosed without your authorisation, your liability for unauthorised transactions effected after such loss, theft or unauthorised disclosure but before we are notified thereof shall be limited to $100 only if :
1. you have immediately notified us of the loss, theft or unauthorised disclosure;
2. you assist us in the recovery of the unauthorised charges incurred;
3. you furnish us with a police report accompanied by written confirmation of the loss, theft or unauthorised disclosure and any other information that we may require; and
4. we are satisfied that such loss, theft or unauthorised disclosure is not due to your negligence or default.
You shall not be liable for any transactions carried out after we have been notified of the loss, theft or disclosure.

3.4 Recovery of Lost/Stolen Card

If you recover the lost or stolen Card , you must immediately return the said Card to us cut in half without using it.

3.5 REPLACEMENT OF CARD OR PIN

Following the occurrence of any event referred to in Clause 3.2 above, we may at our discretion issue a replacement PIN and/or Card and charge a replacement fee.
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 made, up to $100, referred to in Clause 3.3 above.

We shall send the Principal Cardholder a Card Account Statement (and, where applicable, an electronic statement shall be made accessible to the Principal Cardholder through the DBS internet banking service and/or such other channel(s) as we may designate from time to time by notice in writing to you) 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
1. 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.
2. 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.
3. Any finance 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:
1. Annual service fee
  A non-refundable annual service fee for the issuance and renewal of each Principal and Supplementary Card;
2. Processing fee for returned GIRO or dishonoured cheques
  A processing fee for any returned GIRO or dishonoured cheque tendered to us as payment;
3. Administrative fee for production of document
  An administrative fee for any replacement Card or production of documents relating to your Card;
4. 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;
5. Cancellation fee for "no show reservation"
  A charge for cancelling or failing to fulfil an airline or hotel reservation secured through your Card;
6. 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;
7. 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:
1. the fee stated in Clause 4.3(f); and
2. 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.
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.
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.
EXCLUSIONS AND EXCEPTIONS

7.1 NON-ACCEPTANCE OF CARD

We are not liable in any way:
1. should your Card(s) or PIN be rejected by a merchant or any terminal used to process card transactions or if we refuse for any reason to authorise any card transaction;
2. 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;
3. 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;
4. 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.
INSTALMENT PAYMENT PLAN

If you have applied to participate in the DBS Instalment Payment Plan (the "Plan"), you authorise/agree/undertake with us as follows:
1. 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.
2. 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.
3. 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.
4. 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.
5. 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.
6. 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.
7. 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.
8. 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.
TRANSACTIONS IN FOREIGN CURRENCIES

Transactions in US dollars shall be converted to Singapore dollars on the date of conversion. Transactions in foreign currency other than US Dollars will be converted into US dollars before being converted into Singapore dollars. All conversions shall be based on the prevailing wholesale interbank 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. For foreign charges converted by American Express, American Express applies a conversion factor of 1% to the converted amount.

An administrative fee 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. The prevailing administrative fee is 1.5% of the foreign currency transaction amount for transactions involving VISA International and MasterCard International and 2% of the foreign currency transaction amount for transactions involving American Express International, Inc.
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.
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.
AMENDMENT

12.1 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.

12.2 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.
DISCLOSURE OF INFORMATION

13.1 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:
1. 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;
2. banks, credit or charge card companies or merchants in credit or charge card enquiries;
3. 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;
4. any information garnering or processing organisation or department or consultant conducting survey(s) or analyses or developing system applications on our behalf;
5. any person or organisation for the purpose of marketing or promoting any services or products whether our own or tied up by us;
6. VISA International, MasterCard International or American Express International;
7. 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;
8. any government agency or authority or courts of the jurisdiction where any of our overseas branches is situated;
9. 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;
10. any credit bureau of which we are a member or subscriber ("Bureau");
11. any person authorised to operate the Card Account(s), including but not limited to, Supplementary Cardholders; and
12. any person or organisation involved in the sending or delivering of any communication to your last known address on our records. For the purposes of this clause, communication shall include all forms of direct mailers and advertisements (including messages printed on envelopes with our name and logo).
13.2 CREDIT BUREAU

For the purpose of assessing your creditworthiness as a borrower or surety, you also authorise:
1. us to obtain information relating to you from any Bureau and consent to such Bureau disclosing information about you to us, and
2. 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.
13.3 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.
SET OFF AND CONSOLIDATION

14.1 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.

14.2 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.
COMMUNICATION AND SERVICE OF DOCUMENTS

15.1 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.

15.2 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.

15.3 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.

SMS ALERTS SERVICE

16.1	You will automatically be enrolled in the SMS Alerts ("Alert") service. Alert notifications will be sent via Short Message Service ("SMS") to you at our discretion based on pre-determined criteria as follows: (a) First card usage alerts; (b) Transactions alerts, both local and overseas; and (c) Suspicious or irregular transaction alerts. The service is subject to the Terms and Conditions of the Cardholder’s agreement with your mobile phone service provider. You shall ensure that your mobile phone and number is able to receive text messaging both in Singapore and overseas, and you shall be responsible for any fee imposed by your respective mobile phone service provider.
16.2	Each Alert is not encrypted and may include details pertaining to your transaction(s). You are responsible for the security of your mobile phone. We shall not be liable in any way to any party should any Alert be viewed or accessed by persons other than the respective Cardholder.
16.3	We shall not be liable for any or all losses, damage, expenses, fees, costs (including legal costs on a full indemnity basis) that may arise, directly or indirectly, in whole or in part, from (a) the non-delivery, the delayed delivery, or the misdirected delivery of an Alert; (b) the non-receipt of an Alert; (c) inaccurate or incomplete content in an Alert; (d) reliance on or use of the information provided in an Alert for any purpose; or (e) any third party, whether authorised or not, obtaining your Cardholder account information contained in the Alert by accessing the your mobile phone.
16.4	An Alert does not constitute a record for the card account or card transaction to which it pertains. We do not assume any additional responsibility or obligation in respect of the use of, or any transaction or eventuality involving, the card account. The Alert service does not free the you from the responsibility of safeguarding the physical security and authorised use of your card or card account, and it does not entail that DBS will automatically be liable for any unauthorised transaction that may be charged to the card account.
16.5	We may shall cease to provide the Alert service: (a) if these Terms and Conditions are not complied with;,(b) if the card account is closed; (c) upon the death or contractual incapacity of the Cardholder; (d) upon written request of the Cardholder; (e) in the event of improper operation of the card account by the Cardholder; or (f) at our own discretion.

MISCELLANEOUS

17.1 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.

17.2 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.

17.3 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.

17.4 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.

17.5 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.

17.6 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. We may also, where points have been awarded to or earned by you or other benefits extended to you as part of any rewards or redemption programme, forfeit or cancel such points or benefits if you default in any of your payment obligations or if your account is not conducted satisfactorily.

17.7 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.

17.8 GOVERNING LAW

This Agreement is subject to Singapore law and you hereby submit to the non-exclusive jurisdiction of the courts of Singapore.

17.9 OTHER VERSIONS OF THIS AGREEMENT

In the event of any inconsistency between different versions of this Agreement, the English version shall prevail.

17.10 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.