Cardmember Agreement

Cardmember Agreement

CARDMEMBER AGREEMENT

This Cardmember agreement (Agreement) is between DBS Bank India Limited and the Cardmember and is applicable to credit card related services rendered by the Bank. You confirm to have read and accepted this Agreement before using your credit card.

By signing on the reverse of the credit card and/or by incurring a charge on the credit card you declare that you agree to this Agreement.

Cardmember agrees to comply with and be bound by this Agreement (including any modifications made from time to time), and recognizes that this Agreement is without prejudice to other rights vested with the bank in law or otherwise. This Agreement is to be read in conjunction to Most Important Terms and Conditions (‘MITC’), Product terms and conditions along with other such documents as may apply to a particular account/ situation/circumstance or transaction.

  1. DEFINITIONS

    1.1 “DBS Bank Credit Card” or “Credit Card” or “Card” or “Card Number” shall mean a valid credit card including a Co-Branded Credit Card issued by DBS Bank India Limited at Cardmember’s request, that entitles a Cardmember to use the Card Account with a pre-defined Credit Limit.

    1.2 “Additional Credit Card” or “Add-on Credit Card” shall mean a Credit Card issued to the Additional Cardmember on the request of the Primary Cardmember.

    1.3 “Additional Cardmember” shall mean an individual who is a citizen of India and a member of the immediate family of Primary Cardmember viz. Spouse, Brothers, Sisters, Parents and Children and is above the age of 18 years to whom an Additional Credit Card will be issued at the request of the Primary Cardmember and whose charges are chargeable to the Card Account of the Primary Cardmember.

    1.4 “Bank, We, Us, Our, DBS, DBS Bank” or similar pronouns shall mean DBS Bank India Limited, its successors, assigns, administrators, liquidators, nominees etc., as the case maybe.

    1.5 “Billing Cycle” shall mean the period between generation of two successive Billing Statements.

    1.6 “Cardmember”, “Primary Cardmember”, “Member”, “Customer”, you, your, him, he, his, or similar pronouns shall mean an individual who is a citizen of India above the age of 18 years, and in whose name the Card has been issued and the Card Account is maintained.

    1.7 “Card Account” or “Account” shall mean an account maintained by the Bank under the terms and Conditions of this Agreement, in the name of Primary Cardmember.

    1.8 “Card Association” shall mean a card association/network that is a participating organisation of Payment Card Industry Security Standards Council, including but not limited to VISA, MasterCard, RuPay and American Express, Diners and Discover networks.

    1.9 “Card Number” shall mean the unique 16 digit embossed on the face of your Card (also includes Card Number of Additional Credit Card, if any).

    1.10 “Co-Branded Credit Card” shall mean a credit card issued by the Bank in association with any other entity including but not limited to an entity inter-alia engaged in a commercial /business operation(s).

    1.11 “Credit Limit” means the maximum credit that can be availed across all Card Accounts with the Bank at any point in time.

    1.12 “Charges” shall mean transactions made or charged to the Card Account under this Agreement whether or not the Cardmember signs a record of charge slip/form. This will include, but will not be limited to, purchase of goods/services, cash advances, drafts made from the Account by use of the Card or Card Number, annual fees, Finance Charges, over limit fee, late payment fee, transaction charges, service charges, Goods and Services Tax and any other fee/charges/amounts etc. which the Cardmember has agreed to pay or is liable to pay to the Bank under this Agreement.

    1.13 “Cash Withdrawal Limit” means the amount of cash or cash equivalent that the Cardmember may be allowed to utilize for a non-purchase transaction across all Card Accounts with the Bank.

    1.14 “CVC2” or “CVV” or “Security Code” shall mean the last three (3) digits of the number on the backside of the Cardmember’s Credit Card on the signature panel (below the magnetic stripe). The CVC2/CVV/Security Code is a security feature, which is to be used for identification purposes for internet transactions or for Cardmember’s identification over the phone.

    1.15 “Date of Purchase” shall mean the date at which the transaction is posted on the card account and not the date on which the transaction is actually done by the customer. All charges and rewards shall be calculated on the posting date.

    1.16 “Electronic Terminal” shall mean any branch teller terminal, automated teller machines (ATM), Point-Of-Sale (POS) terminals, EDC (Electronic Data Capture machine) or any other physical or virtual device in which a Credit Card and/or PIN (personal identification number) can be used, and which is authorized by the Bank as per terms and conditions of this Agreement.

    1.17 “Electronic Clearing Service (debit clearing or ECS)” shall mean the debit clearing service notified by Reserve Bank of India, participation in which has been consented to in writing by the Cardmember for facilitating payment of outstanding dues in the Card Account.

    1.18 “EMV PIN” (“EMV”) means the personal identification number issued for transactions to be undertaken on the Card issued by the Bank.

    1.19 “Finance Charges” shall mean and include the interest charged on the Total Outstanding amount on the Card Account as provided in this Agreement.

    1.20 “Merchant Establishment” shall mean any company, corporation, establishment, firm, association, individual or any such entity as may be declared by the Bank from time to time, wherever located, which is designated as a Master Card/VISA/RuPay/other card association network merchant and/or with whom there is an arrangement with any card association member bank for a Cardmember to obtain goods, services or cash advances using the Card or Card Number.

    1.21 "Merchant" means any person who owns or manages or operates the Merchant Establishment, its successors and permitted assigns.

    1.22 “Minimum Amount Due” shall mean such percentage of the Total Outstanding balance in the Card Account, as may be determined by the Bank from time to time, that a Cardmember is required to pay at each instance of the Billing Cycle and carry forward the balance amount for payment in the next Billing Cycle. For the purpose herein, it is clarified that the Cardmember must pay at least the amount indicated as Minimum Amount Due for each Billing Cycle and the balance amount carried forward will attract Finance Charges and the same will have to be paid by the Cardmember.

    1.23 “One Time Password (“OTP”)” means each one-time password generated by the Bank and delivered on your registered email id or mobile number via Short Message Service (SMS).

    1.24 “Payment Due Date” shall mean the date on or before which the Cardmember has to make the payment to the Bank.

    1.25 “Purchase(s)” shall mean and include purchase of goods and services by the Cardmember by using the Card.

    1.26 “Total Outstanding” or “Total Amount Due” shall mean the total outstanding on the Card Account due to the Bank including but not limited to Charges, fees and any other amounts that may be charged by the Bank from time to time in a Billing Cycle. For the purpose indicated herein, it is clarified that the Total Outstanding is liable to be paid by the Cardmember upon each instance of the Billing Cycle, however, the said Cardmember may choose to pay an amount lesser than the Total Outstanding, but never less than the Minimum Amount Due for each Billing Cycle.

    1.27 “Temporary Credit Limit” Increase shall mean a credit limit increase requested by a Cardmember for a specific purpose. Such increase is done for a specific time-period and reverted at the end of the time period.

    1.28 “Valid Card” shall mean a Credit Card which is issued by the Bank and has not expired, not been damaged or been cancelled by the Bank or Cardmember.

    1.29 “Virtual Credit Card” means a digital version of Credit Card available on the DBS Card+ IN mobile application.

    1.30 Interpretation:

    This "Agreement" means the terms and conditions set out herein and/ or as may be stipulated by the Bank from time to time, as amended. In this Agreement, unless the contrary intention appears: -

    (a) a reference to an "amendment" includes a supplement, modification, novation, replacement or re-enactment and "amended" is to be construed accordingly; an "authorization" or "approval" includes an authorization, consent, clearance, approval, permission, resolution, license, exemption, filing and registration; "law" includes any constitution, statute, law, rule, regulation, ordinance, judgement, order, decree, authorization, or any published, directive, guideline, requirement or governmental restriction having the force of law, or any determination by, or interpretation of any of the foregoing by, any judicial authority, whether in effect as of the date of signing/submission of the Application Form or thereafter and each as amended from time to time.

    (b) the singular includes the plural (and vice versa);

    (c) the headings in this Agreement are inserted for convenience of reference only and are to be ignored in construing and interpreting the Agreement;

    (d) reference to the words "include" or "including" shall be construed without limitation;

    (e) reference to a gender shall include references to the female, male and neuter genders;

    (f) all approvals, permissions, consents or acceptance required from the Bank for any matter shall require the prior, written approval, permission, consent or acceptance of the Bank;

    (g) references to VISA/MASTERCARD regulations pertain to the guidelines issued by VISA/MASTERCARD to all the member banks of its network.

    (h) in the event of any disagreement or dispute between the Bank and the Cardmember regarding the materiality of any matter including of any event, occurrence, circumstance, change, fact, information, document, authorization, proceeding, act, omission, claims, breach, default or otherwise, the opinion of the Bank as to the materiality of any of the foregoing shall be final and binding on the Cardmember.

  2. DBS BANK CREDIT CARD

    2.1 By using the Card and incurring a charge or by signing on the reverse of the Card, You it shall be deemed that You have accepted this Agreement.

    2.2 Cardmember should comply with the terms and conditions contained in this Agreement and as amended by the Bank, pursuant to Reserve Bank of India’s (RBI) instructions or any statutory bodies or due to change in Bank’s policy from time to time. It is clarified that the Card shall be honoured only when a Valid Card is duly signed on the reverse and presented to a Merchant Establishment by Cardmember. Care must be exercised by Cardmembers while revealing the Security Code/CVV/CVC2 number to any third party including and not limited to any unidentified individuals’ groups or internet address, as Security Code/CVV/CVC2 may be misused for fraudulent transactions.

    2.3 The Card is a property of the Bank and must be produced or surrendered to the Bank on demand immediately.

    2.4 The Card is not transferable and Cardmember should safeguard the same from misuse by always retaining it under your personal control. Usage of Credit Card in foreign currencies outside India will be subject to Foreign Exchange Management Act (FEMA), 1999 and Reserve Bank of India regulations.

    2.5 The Card should not be used for purchase of prohibited items, like lottery tickets, banned or proscribed magazines, participation in sweepstakes, and payment for call-back services. Further, the Card should not be used to conduct any transaction, including on the websites that are prohibited under the laws of India, that may result in your criminal liability. Cardmember should not use the Card for making payments in foreign currency in Nepal or Bhutan.

    2.6 In the event of any non-compliance by Cardmember with the exchange control regulations, including but not limited to online foreign exchange trading or related speculative activity on the Card, the Cardmember may be liable for action under prevailing laws including the Foreign Exchange Management Act, 1999 and rules and regulations framed thereunder. The Cardmember may be prohibited from holding the internationally valid Credit/Charge Card or its use suspended, either at the instance of the Bank or the RBI.

  3. ISSUANCE AND LIABILITY

    3.1 The Bank shall issue the Credit Cards to such applicants/Customers of the Bank /members of the general public evincing interest in the Credit Card product of the Bank, who qualify for the issuance as indicated in the Banks’ Credit Card issuance policy, as applicable from time to time. The Bank may in its sole discretion adjudge the eligibility of an application for Credit Card by an applicant and may, without prior notice, change or modify the eligibility criteria for issuance of Card. In addition, the Bank at its sole and exclusive discretion shall decide upon the Credit Limit and/or Cash Withdrawal Limit to be granted to any Cardmember. The Credit Limit and/or Cash Withdrawal Limits are communicated to the Cardmember at various instances, including but not limited to at the time of delivery of the Credit Card and the Cardmember’s periodic Statement. The available Credit Limit and/or Cash Withdrawal Limits at the time of periodic Statement generation is provided as a part of the Statement and the Bank at its discretion may review the Cardmember’s Account periodically and increase the aforesaid limit (s) based on Cardmember’s express consent, or decrease the aforesaid limit(s) under intimation to the Cardmember, based on internal criteria. Cardmembers seeking to have their respective Credit Limit and/or Cash Withdrawal Limit increased/altered can do so by writing a request to the Bank along with all necessary documents that may be sought by the Bank. The Bank, at its sole discretion and based on such new documents provided, may choose to increase/alter the Credit Limit and/or Cash Withdrawal Limits of the said Cardmember. The Bank may at any point of time require such documents from the Cardmember as it may deem fit for the purpose of providing the facility or evaluating the facility provided or otherwise and the Cardmember shall be required to provide such documents to continue to enjoy the Card facility.

    3.2 This Agreement shall be binding on the Cardmember on acceptance/ swipe of the Credit Card and its usage.

    3.3 No materials (including marketing materials) shall constitute to be an offer/promise from the Bank to issue a Credit Card to the applicants/Customers of the Bank/members of the general public evincing interest in the Credit Card, including requests/applications for the issue of Add-on Credit cards.

    3.4 In the event that an Add-on Credit Card is issued by the Bank, the Primary Cardmember shall always be responsible towards the total amount payable to the Bank on account of transactions incurred by the Primary and the Add-on Credit Card holder.

    3.5 The Bank may require the applicants/Customers of the Bank and members of the general public evincing interest in the Credit Card to produce and/or submit such documents as may be required by the Bank at its sole discretion or as stipulated by the applicable law thereto.

    3.6 You will provide Bank with any information or documentation that Bank may reasonably request relating to your use of Card and will cooperate with it in any related investigation, claim or litigation.

  4. CARD VALIDITY, EXPIRY AND RENEWAL

    4.1 Card is valid up to the last day of the calendar month of the year indicated on the face of the Card unless cancelled earlier by the Bank. If Cardmember use the Card outside the validity period, the Bank shall not be liable in any manner whatsoever for any consequences that may arise.

    4.2 Upon expiry or prior cancellation, Card may be renewed or reinstated at the sole discretion of the Bank. On expiry, the Card must be destroyed by cutting it in half over the magnetic strip. Also, please destroy the chip (if any) on the Credit Card by cutting the chip in two pieces.

    4.3 Unless Cardmember is in breach of the Agreement or otherwise hereunder, the Bank will automatically renew the validity of the Card and send to the Cardmember a new Card before the expiry of the Card currently being used. In case of non-receipt of renewed Card, Cardmember may contact to the designated customer service centre of the Bank or write to the Bank at the address notified to Cardmember from time to time.

    4.4 Cardmember must intimate the Bank at least 30 days prior to the expiry of the Card currently being used if they do not wish to renew the Card. In absence of such intimation of cancellation of the Card by the Cardmember, the annual fee (as applicable to the Card at the time of application) shall be charged to Cardmember Card Account and shall be non-refundable.

    4.5 Furnishing of PAN details is mandatory for renewal requests of credit cards. In case your PAN details are not updated with us before expiry, the same will not be renewed. In case PAN is not received within 90 days post expiry of card, such cards will be closed permanently

  5. ADDITIONAL CARD

    5.1 A Card Account may have multiple Additional Cards, the number to be determined at the sole discretion of  the Bank. The Additional Cardmember must be an Indian citizen above the age of 18 years and must be related to the Primary Cardmember by virtue of being a parent, spouse, child or sibling (brother or sister).

    5.2 Upon receipt of Cardmember request/authorization, the Bank at its sole discretion may issue Additional Card to Additional Cardmember

    5.3 Cardmember will be fully responsible and liable for all transactions and Charges incurred on the Additional Card, which will be included in their Statement of Account for payment. Additional Cardmember shall be liable to the Bank for compliance with applicable Know Your Customer (KYC) norms on the Additional Card. This Agreement shall also be binding on the Additional Cardmembers.

    5.4 Cardmember may withdraw the facility of Additional Card by requesting the Bank and returning to the Bank the Additional Card cut into half. On receipt of the same, the Bank will cancel the Additional Card. All transactions incurred on the Additional Card but not billed prior to the receipt of the cancelled Additional Card by the Bank, shall be valid and binding on Cardmember.

    5.5 The Additional Card facility and privileges will be automatically withdrawn if the Primary Card Account is terminated for any reason.

  6. USE OF CARD

    6.1 On receipt of the Credit Card, you must immediately sign on the signature panel on the reverse of the Credit Card.

    6.2 The Card may be used only for bonafide personal or official purchase of goods and/or services.

    6.3 Cardmember must sign and/or collect the charge slip, cash advance slip, or mail order coupon at the time of incurring the Charge. Failure to sign a charge slip will not discharge Cardmember of the liability for the Charges. Cardmember must retain their copy of the charge slips for at least six months. Upon Your request, the Bank, at its sole discretion, may provide copies of charge slips, subject to payment of an additional charge at the prevailing rate.

    6.4 The Bank, at any time, may without prior notice or stating any reason whatsoever refuse authorization for a Charge at a Merchant Establishment and/or restrict or defer the Cardmember’s ability to use the Card and/ or suspend or cancel the Card. The Bank may through an ATM, Merchant Establishment or by itself may repossess/retain the Credit Card/seek immediate payment in partial or full of the Credit Card outstanding if it reasonably believes that it is necessary to do so for proper management of credit or business risk or if the Card or the Card Account is being misused or likely to be misused. Cardmember agrees to the above without any protest or demur.

    6.5 Any charge slips or other payment requisition received by the Bank for any transaction on the Card Account for payment shall be conclusive proof that the amount recorded on such charge slip or other requisition was incurred by the use of the Card by the Cardmember. Where a charge slip or voucher is not available viz. mail order or telephone order or electronic commerce (e.g. internet), and you dispute that transaction, Cardmember will first clear the outstanding on the Card and shall resolve the dispute directly with the concerned Merchant Establishment. The Bank shall not be liable, in any manner whatsoever for the same.

    6.6 Surcharge may be levied on purchase of certain products and services as notified by the Bank from time to time. Payment of surcharge is mandatory and the same may vary from time to time. Surcharge, on Transactions at Petrol Pumps, and purchase/cancellation of Railway tickets shall be as per the Schedule of Charges / MITC

    6.7 The Bank will not be responsible if any Merchant Establishment refuses to accept the Card or levies a surcharge on the Card. However, the Cardmember should notify the Bank of such refusal to accept the Card or levy of surcharge by the Merchant Establishment, this complaint at the address notified by the Bank from time to time or at the designated Customer Service Centre.

    6.8 The Bank shall not be in any way responsible and/or liable for merchandise, price, rate, quality, quantity, warranty, privileges, benefits and facilities, including but not limited to deficiency/delay in services, delivery or non-delivery, purchased or availed of by Cardmember from Merchant Establishment and/or third-party suppliers including any mail order placed by Cardmember. Any dispute arising thereto should be settled directly by Cardmember with the Merchant Establishment/third party suppliers and failure to do so will not relieve on Cardmember of any obligations to the Bank.

    6.9 No claim by Cardmember against a Merchant Establishment will be a subject of set off or counterclaim against the Bank.

    6.10 The Card may be suspended/withdrawn by the Bank at its sole discretion without being liable in any manner whatsoever to Cardmember, and without assigning a reason thereof. Termination of the Card and this Cardmember Agreement shall result in automatic termination of the privileges, benefits and facilities attached thereto.

    6.11 It is further clarified that the Cardmember shall pay for the purchase of any/all goods/services, including but not limited to air/rail tickets, as it appears on the Statement to avoid incurring finance or fee charges even if the purchase has been cancelled subsequently. Credit of refund due to cancellation will be made to the Card Account (less cancellation charges) only when intimation of such cancellation is received by the Bank. No cash refund will be given to Cardmember. If a credit is not shown in the Statement of Account within a reasonable time, Cardmember must notify the Bank, immediately.

    6.12 The Cardmember accepts full responsibility for use of the Card in contravention of laws, rules, regulations, and terms and conditions of this Cardmember Agreement, and further undertakes to indemnify the Bank and to make good any loss, damage, interest, conversion, including but not limited to any other financial charges and outgoings, costs, and consequences that the Bank may incur or suffer on Your account and Your acts of omission/commission and/or negligence.

    6.13 Cardmember is also liable to pay all such statutory dues/charges /duties levied on the services provided by the Bank to Cardmember.

    6.14 Cardmember agree and hereby authorize the Bank to convert Charges incurred by Cardmember in foreign currency into Indian Rupee equivalent at such rate as the Bank may designate at its sole discretion from time to time.

    6.15 Cardmember agree that goods purchased using the Card shall remain the property of the Bank until such time the Charges pertaining thereto are fully paid by You to the Bank.

  7. Non-Resident Indian Cardmembers

    7.1 Non-Resident Indian (as defined under Foreign Exchange Management Act, 1999) Cardmembers (“NR Cardmembers”) can pay the Total Amount Due / Total Outstanding on their Card through a signed auto-debit instruction/consent (in a form and manner prescribed by the Bank from time to time) from their DBS NRE or NRO account only. Payment made through any other mode will be reversed by the Bank.

    7.2 The Card will be enabled for usage only once the Bank receives the signed auto-debit instruction/consent from NR Cardmember.

    7.3 Bank will debit from the NRE/NRO account the Total Amount Due, and in case of insufficient balance, the Bank will debit the Minimum Amount Due. Applicable charges, as per MITC, will be levied if account balance is insufficient for auto-debit of Total Amount Due and/or Minimum Amount Due. It is the responsibility of Cardmember to always maintain sufficient balance in their NRE/NRO account.

    7.4 Bank will be entitled, under intimation to NR Cardmember, to close the Card (where NRE/NRO account is closed) or to block the Card (where NRE/NRO account is placed under freeze), after debiting the Total Outstanding from the NRE/NRO account (unless restricted by applicable law). Where freeze is removed from NRE/NRO account, NR Cardmember shall be responsible for contacting the Bank and requesting for the Card to be unblocked.

    7.5 Where the NRO account linked to the Card has been migrated to an Indian Resident account, the auto-debit instruction/consent will automatically lapse, and the Cardmember will be entitled to pay the Total Amount Due / Total Outstanding through any mode of payment available for Indian Resident Cardmembers.

  8. EMV TERMS AND CONDITIONS

    8.1 EMV is a PIN sent either via SMS / email or to the registered address on record in the Bank’s system. An EMV is necessary for the Cardmember to be able to carry out offline transactions using the Bank credit card.

    8.2 The Cardmember acknowledge and agree that receipt of any EMV may be delayed or prevented by factor(s) affecting the mobile phone service provider(s) or internet service provider(s) and other factors outside the Bank’s control. The Bank does not guarantee the delivery of the EMV. The Cardmember agree to hold the Bank, its directors, officers, employees and agents free and harmless from any and all losses or damages, including attorneys’ fees, that may arise, directly or indirectly, in whole or in part, from: (a) non-delivery, delayed delivery or the misdirected delivery of an EMV; (b) Cardmember’s failure or inability to transact on the Bank credit card as a result thereof; and (c) Any loss or damage suffered or incurred by the Cardmember on account of any misuse, unauthorized use, loss or theft of the EMV.

    8.3 Cardmember shall comply with all requirements, instructions and specifications relating to the security of the EMV as may be prescribed by the Bank at any time and from time to time in the Bank’s sole and absolute discretion. Without prejudice to the generality of the foregoing, the Cardmember shall at no time allow or permit another person besides the Cardmember to use the EMV.

    8.4 The Cardmember is responsible for keeping the EMV confidential and shall not reveal the EMV to any other party and shall take all necessary steps to prevent disclosure or discovery of the EMV and/or password/s to/by any other party. The Cardmember is responsible for ensuring the security of the EMV as well as mobile phone or device on which the EMV is received, and for keeping these protected from unauthorized use.

    8.5 The Cardmember shall be liable for all the transactions made using the EMV.

    8.6 The Cardmember will not be eligible for chargebacks for transactions which have been authenticated by using the EMV.

    8.7 The Cardmember shall immediately notify the Bank by calling the 24-Hour Customer Service:

    (i) if any number or device registered with the Bank is lost or stolen, or fails to function as intended, (ii) if the Cardmember have any knowledge or reason for suspecting that the security or confidentiality of any EMV has been compromised, or if there has been any unauthorized use of any EMV or (iii) of any loss, replacement and/or change of number, as the case may be, of any mobile phone or other device (as the case may be) used by the Cardmember for the generation and/or reception of the EMV. The Cardmember shall be solely responsible and liable for all losses and consequences arising from or in connection with any failure by the Cardmember to comply with any of the foregoing. Financial liability arising due to the loss, theft or misuse of the EMV due to negligence of the Cardmember and shall be borne by the Cardmember. It could be result in cancellation of the Card account.

    8.8 The Bank reserves the right to refuse any transactions if the Bank believes that the EMV is being misused or being used without proper authorization.

    8.9 The Bank shall be entitled at its sole and absolute discretion at any time from time to time to cancel without notice the use, or require the replacement or modification, of the EMV without giving any reason therefore and shall not be liable for any loss or damage as a result thereof.

  9. CASH ADVANCES

    9.1 Cardmember can use the Credit Card, for withdrawal of cash from Automated Teller Machines (ATMs) of the Bank, select partner Banks and from other locations/permitted establishments as may be offered by the Bank at its sole discretion from time to time, and also for any other cash equivalent transactions including but not limited to demand draft facility, permitted by the Bank from time to time. For any all such cash advances and cash equivalent transactions, Cardmember shall comply with all the laws, rules and regulations including but not limited to Foreign Exchanges Law as stipulated under the Foreign Exchange Management Act, 1999 and rules thereunder and as further notified by RBI and other Government bodies. Cardmember shall not disclose the PIN/code, provided to You by the Bank for cash advances, to any person. Cardmember shall take all possible care to prevent its discovery by any person.

    9.2 Cardmember can obtain a cash advance on Credit Card up to the Cash Withdrawal Limit amount as may be defined and or communicated by the Bank from time to time, subject to the available Cash Withdrawal Limit and such terms and conditions applicable to cash advance transactions.

    9.3 Charges, and terms and conditions thereto shall be communicated in writing to the Cardmember. Such Charges are subject to change at the sole discretion of the Bank and shall be levied from the date of withdrawal until the date of settlement.

    9.4 Default interest rates shall be effective immediately on occurrence of the default. Factors considered in determining Cardmember’s monthly Finance Charges may include Cardmember’s vintage, Your overall credit performance, including nature of defaults if any, in addition to other indicators of Cardmember’s Accounts usage and performance.

  10. OTHER FEES/CHARGES

    10.1 Cardmember agrees to pay all Fees / Charges, incurred and/or charged by the Bank, as per Schedule of Charges / MITC.

    10.2 Joining fees, annual fees, and renewal fees are payable, depending upon the type or variant of Card issued to Cardmember. The applicable fees shall be communicated to the Cardmember at the time of applying for the Card and/ or at the time of issuance of the Card. Further, such fees, as applicable, are directly charged to the Card Account and are indicated on the Billing Statement accordingly.

    10.3 Finance Charges

    Finance Charges are payable at the monthly percentage rate on all Charges, including cash advances, from the date you incur the transactions until they are fully paid. Finance Charges occur on the cash advances and balance transfer from other Credit Card Account, immediately from the date of withdrawal of cash or cash equivalent, and from the date of issue of the bankers cheque for such balance transfer, whereas for Purchases, the Finance Charges accrue only if the Total Outstanding or any part thereof payable by the Payment Due Date is not paid in total, and the same is carried forward from the previous Billing Cycle to next Billing Cycle. Finance Charges, if payable is debited to your Card Account on the last date of each statement period and is shown on your Statement. You will pay Finance Charges on your Total Outstanding carried forward at the rate defined by the Bank, and as amended by the Bank from time to time. The rate of Finance Charges shall be such as specified under the Schedule of Charges / MITC. The Finance Charges as above, will continue to be payable after termination of this Agreement or closure of the Card Account till outstanding on the Card Account is cleared in full. The Bank may at its sole discretion at any time, under intimation to you, vary the Finance Charges for all or some of its facilities.

    10.4 Late Payment Fee

    In the event, card member fails to pay the Minimum Amount Due as shown in the monthly statement by the Payment Due Date, a late payment fee as mentioned in the Schedule of Charges / MITC shall be levied to the Card Account. This fee may vary at the discretion of the Bank and shall be intimated to cardmember as when exercised.

  11. GOODS AND SERVICES TAX

    11.1 Cardmember agrees to pay Goods and Services Tax as notified by the Government of India or any such rate as per the Government of India guidelines that may be levied on the prescribed fees, finance charges, applicable from time to time. Goods and Services Tax will reflect on Cardmember’s monthly Billing Statement. Cardmember agrees to reimburse any losses, charges, costs, claims, etc. that may be levied on the Bank owing to default (if any) of Cardmember in payment of Goods and Services Tax.

  12. ALERTS

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    12.1 Cardmember agrees that the Bank shall keep them informed about the status of their Card Account and provide any other information from time to time by sending them messages via SMS and/or Email or any other communication channel and they would have no objection to the same. It is further agreed to by the Cardmember that the Bank, at its sole discretion, may choose to charge a fee/charge for the said intimation/alert services, as may be communicated under the Schedule of Charges / MITC.

    12.2 Availability

    12.2.1 The SMS Facility is provided through certain Cellular Service Providers (“CSP”) and therefore available in regions where the CSP provides services and to subscribers of services of the CSP in India.

    12.2.2 The Alerts will be sent to the Credit Cardholder only if the Credit Cardholder is within the cellular circles of the CSP or in circles forming part of the roaming network of such CSP.

    12.2.3 DBS BANK may, if feasible, provide the Facilities through more cellular service providers to increase the coverage.

    12.2.4 The above terms will be valid for all programs under which DBS Bank sends information using the SMS facility.

  13. LOYALTY PROGRAM AND OTHER PROGRAMS

    13.1 DBS Bank (DBS BANK) Card Rewards Program or such other loyalty program, offered with the Credit Card/ co-branded Credit Card (“Program”) allows eligible DBS Bank Cardmembers (“Cardmember(s)”) to accumulate points (“Points”) by spending on their DBS Bank Credit Cards, from time to time. Points accumulated on such Credit Cards can be exchanged for a wide variety of rewards as offered by DBS Bank or the entity with whom the co-branded Credit Card has been issued.

    13.2 The Cardmember may continue to use his/her DBS Bank Card as he/she normally does. The Annual Fee for participation in the Program may be as determined by DBS Bank/commercial or business entity with whom co-branded Credit Card is issued from time to time. Enrolment Date – shall mean the date of launch of the Program for the existing Cardmembers and/or the date on which the Cardmember is onboarded by the Bank. Enrolment Year-shall mean “any twelve-month period” commencing on the Enrolment Date.

    13.3 The Points shall be reflected in the monthly Billing Statement.

    13.4 All spending charged to the Credit Card under the Program will be eligible to earn Points except such spending that is excluded by DBS Bank from time to time. Spending that is  not eligible to earn Points would be as specified under the Product Benefits and Terms.

    13.5 A Cardmember cannot accrue points for any charge(s) incurred prior to his/her Enrolment Date.

    13.6 Points accumulated by a Cardmember on Credit Card cannot be combined or used in conjunction with Points of his/her other Credit Cards at the time of redemption or transferred to any other customer loyalty program unless otherwise specifically notified by DBS Bank.

    13.7 The Points accrued do not have cash and/or any monetary value unless the Bank at its sole discretion chooses to offer the said cash monetary value to select few Credit Cards/their respective Cardmembers, upon specific expenditures and the Points accrued thereof.

    13.8 Adjustments will be made to the Points if there are any credits, including those arising from refunds or returned goods or services or billing disputes. If a disputed transaction is resolved in favour of the Cardmember or where a transaction is reversed, proportionate Points will also be reversed and credited to the Cardmember’s Account, if not already credited. Likewise, in the case of return of goods or a disputed transaction is resolved against the Cardmember, proportionate Points will be debited to/subtracted from the Cardmember’s Account, if already credited. On redemption, the redeemed Points will automatically be subtracted from the Points accumulated in the Card Account.

    13.9 DBS Bank will notify the Primary Cardmember in the Statement of Account in respect of the Credit Card about the number of Points accumulated immediately preceding the closing date for the said monthly Statement.

    13.10 In the event the Credit Card is voluntarily closed or cancelled by the Cardmember, any outstanding Reward Points after cancellation of the Credit Card shall automatically lapse and shall stand forfeited. If the Credit Card, for any reason whatsoever, is blocked or suspended by DBS Bank, the Points accumulated shall stand forfeited but may be reinstated, at the sole discretion of DBS Bank, if use of Credit Card is reinstated.

    13.11 In the event the Credit Card is voluntarily closed or cancelled by the Cardmember, any outstanding negative Reward balance at the time of cancellation of the Credit Card, as per the Product Benefit Terms and Conditions will be posted to Cardmember’s Card Account. Cardmember is liable to pay the amount before Card Account can be closed.

    13.12 DBS Bank’s decision on computation, lapse, cancellation, forfeiture, credit, debit, and re-instatement of Points shall be final, conclusive and binding on the Cardmember.

    13.13 The Points available to redeem means Points that can be redeemed by Cardmember for merchandise (goods/services) from the Reward Catalogue or for Reward Certificate available with the Merchant Establishment or in any manner as may be specific to the respective Credit Cards including but not limited to instant redemption, cash redemption, and gift vouchers.

    13.14 The Cardmember shall be communicated the number of points earned by a Cardmember in one statement cycle. The rate and the manner these reward points can be redeemed will be at the sole discretion of the Bank and may be changed by the Bank with a 30-day prior notice.

    13.15 No accumulation or redemption of the Points will be permissible if on the relevant date, the Card facility has been withdrawn or cancelled or Card Account is shown as an overdue Account.

    13.16 Cardmember cannot transfer the Points to another person or combine the same with any other Card of the Bank held by You. However, the Bank, at its sole discretion, may in certain cases allow transfer of Points for specific schemes and intimate Cardmember of the same from time to time.

    13.17 The Bank’s computation of Points shall be final, conclusive and binding on Cardmember and will not be liable to be disputed or questioned for any reason whatsoever.

    13.18 Points accumulated that are not redeemed by the Cardmember within 24 months will expire and shall stand forfeited.

    13.19 The Credit Card must not be overdue, suspended, blocked, cancelled or terminated by DBS Bank at the time of the receipt of request for redemption of Points.

    13.20 The Points accrued can only be redeemed by the Primary Cardmember, and not by an Additional Cardmember.

    13.21 The Points maybe redeemed at participating Merchant Establishments for a variety of rewards, as detailed in the Program catalogue and other mailers issued by DBS Bank from time to time, e.g. merchandise, shopping, dining, travel, entertainment, fee waivers, financial services, Credit Card upgrades.

    13.22 The Cardmember is required to register at www.DBSdelights.in to be able to place a redemption request. The Cardmember may also access the website for viewing the status and options for their respective redemption of Points.

    13.23 DBS Bank will not be liable for any delay or loss in delivery of the redemption certificates/vouchers or gifts.

    13.24 Redeemed Points are not exchangeable for other rewards, or refundable, replaceable, or transferable for cash or credit under any circumstances, and such redeemed Points cannot be re-converted back to Points. Once exchanged for another partner loyalty program, if any, Points cannot be transferred back.

    13.25 All rewards are subject to availability and certain restrictions may apply. The redemption procedure and the additional terms and conditions for each reward shall be set forth in the redemption certificates/vouchers issued to the Cardmember.

    13.26 Any additional meals, transportation, accommodation arrangements, courier or other costs incurred in connection with redemption of any reward shall be the sole responsibility of the Cardmember.

    13.27 Issuance of a redemption certificate for dining, travel or hotel accommodation does not constitute a reservation. The Cardmember is responsible for making all reservations and notifying the participating Merchant Establishment(s) of the reward(s) he/she is going to redeem.

    13.28 Other DBS Bank benefits, which are activated by use of the Credit Card, do not apply to goods or services received as rewards under the Program.

    13.29 DBS Bank shall in no event be responsible or liable, in any manner whatsoever, for the product and/or services redeemed from the Point, including but not limited to any defect or deficiency in or with respect to any claim arising out of non-use or use of the Points, or in usage of redemption certificate for dining, travel or hotel accommodation, or in usage, durability, merchantability of any product service acquired by redemption of Points.

    13.30 Fraud and/or abuse relating to earning and redemption of Points in the Program may result in forfeiture of the Points as well as termination and cancellation of the Credit Card.

    13.31 Information supplied by a Cardmember on redemption of rewards may be used by DBS Bank or its Merchant Establishments for administrative and/or marketing purposes, without procuring any permission, written or otherwise, from the Cardmember.

    13.32 Any taxes or other liabilities or charges payable to the Government, any other authority, body or any other participating Merchant Establishment, which may arise or accrue to a Cardmember on redemption of Points as aforesaid or otherwise shall be to the sole account of the Cardmember.

    13.33 DBS Bank reserves the right to cancel, change or substitute the rewards, reward conditions or the basis of computation of Points, or terms and conditions of the Program at any time, or suspend or terminate the Program at any time it deems necessary, by giving a 30 day prior notice.

    13.34 DBS Bank makes no warranties or representations, either expressed or implied, with regards to the type, quality, purpose or fitness of the goods and/or services provided/that may be provided by the participating Merchant Establishments/ co-branded commercial or business entity under the Program. Merchandise, where applicable, may be accompanied by warranty information from the manufacturer and any claims must be directed solely to the manufacturer or service provider or co-branded commercial or business entity.

    13.35 Any dispute concerning goods or services received as rewards under the Program shall be settled between the Cardmember and the participating Merchant Establishment that supplied the goods or services. DBS Bank will bear no responsibility for resolving such disputes or for the dispute itself.

    13.36 Each of the Program shall be governed by a separate specific terms and conditions (hereinafter “Program Terms and Conditions”). However, such Program Terms and Conditions shall not amend in any way to the Cardmember Agreement, and any term referenced but not defined therein may be interpreted in accordance with the Cardmember Agreement.

    13.37 DBS Bank acts in good faith in response to any oral or electronic instruction or inquiry by the Cardmember in respect of any matter in relation to this Program and the fulfilment of any reward. The Cardmember shall not be entitled to claim or allege any loss, damage, liability, expense, etc., attributable, directly or indirectly, to any such good faith action of DBS Bank and the Cardmember shall indemnify and hold DBS Bank fully harmless in respect thereof.

    13.38 Notwithstanding the aforesaid, the Bank also provides some value-added programs to only a select few Cardmembers. It is clarified that the said Programs are subject to specific terms and conditions and are value-added benefits provided by the Bank at its sole discretion to a select few customers.

  14. 24 HOURS CUSTOMER SERVICE

    14.1 The Bank may provide information and facility to Cardmember to facilitate access to information and carry out transactions on their Card Account by giving instructions on tele-calling facility from customer’s registered mobile number. The Bank may accept this either manually or by an automated system. However, the Bank at its sole discretion, may decide on the nature of the information/transaction that can be given/carried over the telephone. The Bank also reserves the right to authenticate Cardmember’s identity before processing the request. Cardmember may also be given a specific Telephone Personal Identification Number (T-PIN) for use of this facility.

    14.2 Cardmember(s) agrees that they shall not hold the Bank liable on account of the Bank acting in good faith on such instructions.

    14.3 The Bank may at its sole discretion tape or record such instructions and may rely on transcripts of such telephonic instructions in evidence in any proceedings and the Cardmember hereby consents to recording of such telephonic instructions.

    14.4 At Cardmember’s request the Bank may send financial information by e-mail (at an e-mail registered with the Bank) regarding the Card Account which may be of a private or confidential in nature and they shall not hold the Bank liable in any manner should such information come to the knowledge of any third party.

    14.5 In following such instructions, the Bank shall be doing so on a best effort basis and will not be liable on account of delay or inability on the part of the Bank to act immediately or at all on any of their instructions.

    14.6 The Bank reserves its right not to carry out such instructions where the Bank has reasons to believe that the instructions are not genuine or to withdraw or suspend the facility.

    14.7 In case there is a discrepancy in the particulars or details of any transaction carried out by the Bank, Cardmember shall be obliged to inform the Bank of the discrepancy within thirty (30) days of receiving the advice from the Bank.

    14.8 In consideration of the Bank providing the said facility Cardmember shall indemnify and hereby keep the Bank indemnified from and against all actions, claims, demands, proceedings, losses, damages, costs, charges and expenses that the Bank may incur, sustain or suffer as a consequence of or by reason of using this facility.

  15. INTERNET BANKING

    15.1 Cardmember agrees that while making any internet transaction, any outflow of foreign exchange must be undertaken by them only in accordance with Foreign Exchange Management Act, 1999, Information Technology Act, 2000 and other applicable acts including any rules, regulations, notifications thereunder and any other law as may be applicable from time to time. The Bank, at its sole discretion, may decline certain internet or electronic transactions by Cardmember in order to protect from unauthorized and illegal use of account information by any person.

    15.2 Cardmember may also be given a specific Personal Identification Number (PIN) or the Cardmember may be provided with an option to generate its own PIN via online means as specified by the Bank from time to time, for use of this facility. Cardmember shall personally be liable for the security of the said PIN and shall not share or disclose the said number to any individual or third party.

    15.3 Cardmember should agree not to use the Card/Card Number to visit websites on gaming, obscenity or such other portals/sites/domain that have been prohibited and declared illegal by the Government of India. By doing so, they may be liable for any legal action against Cardmember, and the Bank shall not be responsible for the same.

    15.4 The information materials contained on the websites are subject to change. Unauthorized use of the Bank’s website including but not limited to enter into Bank’s system, misuse of password or misuse of any information posted on the website is strictly prohibited. In doing so, Cardmember shall be liable for legal action under the provisions of Information Technology Act, 2000 and other Acts applicable at that time.

    15.5 In consideration of the Bank providing the internet banking facility. Cardmember shall indemnify and hereby keep the Bank indemnified from and against all actions, claims, demands, proceedings, losses, damages, costs, charges and expenses that the Bank may incur, sustain or suffer as a consequence of or by reason of using this facility.

    15.6 The Bank reserves the right to terminate any user’s access with or without assigning any cause, or without any notice whatsoever.

  16. ONE TIME PASSWORD (‘’OTP’’) TERMS AND CONDITIONS

    16.1 OTP is a one-time password sent via SMS to the mobile phone number and/or via email on the email id on record in the Bank’s system. An OTP is necessary to be able to transact using the Credit Card via the internet or via mobile banking. An OTP is generated for transactions where the credit card is not present i.e. transactions carried out over the internet, IVR, etc. and is valid only for a span of 5 minutes from the time of its generation.

    16.2 The Cardmember acknowledges and agrees that receipt of any OTP may be delayed or prevented by factor(s) affecting the mobile phone service provider(s) and other factors outside Bank’s control. The Bank does not guarantee the delivery of the OTP. The Cardmember agrees to hold the Bank, its directors, officers, employees and agents free and harmless from any and all losses or damages, including attorneys’ fees, that may arise, directly or indirectly, in whole or in part, from:

    1. a non-delivery, delayed delivery, or the misdirected delivery of an OTP;
    2. failure or inability to transact on the Bank credit card, as a result thereof; and
    3. any loss or damage suffered or incurred on account of any misuse, unauthorized use, loss or theft of the OTP.

    16.3 The Cardmember shall comply with all requirements, instructions and specifications relating to the security of the OTP as may be prescribed at any time and from time to time in Bank’s sole and absolute discretion. Without prejudice to the generality of the foregoing, the Cardmember shall at no time allow or permit another person to access or use the OTP.

    15.3 The Cardmember will be responsible for keeping the OTP confidential. The Cardmember shall not reveal the OTP to any other party and shall take all necessary steps to prevent disclosure or discovery of the OTP and/or password/s to/by any other party. The Cardmember is responsible for ensuring the security of the OTP as well as mobile phone or device on which the OTP are received, and for keeping these protected from unauthorized use.

    16.4 The Cardmember shall be liable for all the transactions made using the OTP.

    16.5 The Cardmember shall immediately notify the Bank by calling the 24-Hour Customer Service: (i) if any number or device registered with the Bank is lost or stolen, or fails to function as intended, (ii) if the Cardmember has any knowledge or reason for suspecting that the security or confidentiality of any OTP has been compromised, or if there has been any unauthorized use of any OTP or (iii) of any loss, replacement and/or change of number, as the case may be, of any mobile phone or other device (as the case may be) used by the Cardmember for the generation and/or reception of the OTP. The Cardmember shall be solely responsible and liable for all losses and consequences arising from or in connection with any failure to comply with any of the foregoing. Financial liability arising due to the loss, theft or misuse of the OTP arising out of the Cardmember’s negligence shall be borne by the Cardmember and could result in cancellation of the Credit Card.

    16.6 The Cardmember reserves the right to refuse any transactions if the Cardmember believes that the OTP is being misused or being used without proper authorization.

    16.7 The Bank shall be entitled at its sole and absolute discretion at any time from time to time to cancel without notice the use, or require the replacement or modification, of the OTP without giving any reason therefor and the Bank shall not be liable for any loss or damage as a result thereof.

  17. APPOINTMENT OF THIRD PARTY/SERVICE PROVIDER AND DISCLOSURE

    17.1 The Bank may at its sole discretion appoint any third party/service providers for providing services to the Cardmember in respect of Credit Card and any ancillary services including but not limited to reference check, credit check, collection or recovery of any outstanding on the Card Account. However, Bank shall not be liable for any act or omission of such third party. All payments made to such third parties / service provider for collection or recovery of outstanding on the Card Account will be deducted from Cardmember’s cost and risk in addition to all costs, charges and expenses incurred by the Bank to recover the outstanding dues/amounts. Cardmember shall be liable for all costs associated with the collection of dues, legal expenses and discretionary amounts with interest, should it become necessary to refer the matter to any agent or take legal recourse for enforcement of payment.

    17.2 The Cardmember agrees, consents and authorizes DBS Bank, to exchange, share or part with all the information, data or documents relating to his/her application to DBS Bank group companies, its service providers, competent regulatory authorities, competent governmental authorities, and Credit Information Companies  as the Bank be required under any statutory or regulatory duty or obligation or as may be required for use or processing of the said information / data by such person/s or furnishing of the processed information / transaction data / products thereof and shall not hold DBS Bank liable for use of this information. However, the Bank will not be responsible for any consequences arising out of the third party’s acts or omissions.

    17.3 In case the Cardmember commits a default in payment or repayment of principal amount of any financial assistance/facilities/ financial/credit facility or interest/charges due thereon, DBS Bank and / or the RBI will have an unqualified right to disclose or publish the details of the default and the name of the Cardmember/ or its directors/partners/ add-on card holders, as applicable, as defaulters in such manner and through such medium as DBS Bank or RBI in their absolute discretion may think fit. DBS Bank shall disclose information relating to credit history/repayment record and/or days past due status of the Cardmember in terms of the Credit Information Companies (Regulation) Act, 2005 to a credit information bureau. Acceptance of an application for a Credit Card is based on no adverse reports of the Cardmember's credit worthiness. DBS Bank may report to other banks or financial entities any delinquencies in the Card Account or withdrawal of the Cardmember's credit facility through the Card or otherwise. Based on the receipt of adverse reports (relating to credit worthiness of the Cardmember or his / her family members), DBS Bank may, after 15 days prior notice in writing, cancel the Credit Card, whereupon the entire outstanding balance in the Card Account as well as any further charges incurred by use of the Card, though not yet billed to the Card Account, shall be immediately payable by the Cardmember. DBS Bank shall not be obliged to disclose to the Cardmember the name of the bank or financial entity, from where it received or to which it disclosed information. You specifically waive the privilege of privacy, confidentiality and secrecy with regard to the aforesaid information.

    17.4 Asset classification – SMA & NPA 

    This section is with reference to the Special Mention Account (SMA) / Non-Performing Asset (NPA) in accordance with the RBI Circular dated November 12, 2021 on ‘Prudential norms on Income Recognition, Asset Classification and Provisioning (IRACP) pertaining to Advances – Clarifications’ and amendments thereto.

    What are Dues?

    Dues mean the principal/ interest/ any charges levied on the Credit Card account which are payable within the period stipulated as per the terms of sanction of the credit facility.

    What is Overdue?

    Overdue means the principal/ interest/ any charges levied on the Credit Card account which are payable but have not been paid within the period stipulated as per the terms of sanction of the credit facility. In other words, any amount due to the Bank under any credit facility is ‘overdue’ if it is not paid on the due date fixed by the bank.

    Appropriation Principle :

    The Principle of FIFO i.e., 'First In, First Out' accounting method is relevant to arrive at the No. of days of overdue for determining the SMA / NPA status. The FIFO principle assumes that the oldest outstanding dues in the loan account needs to be cleared first. The FIFO method thus requires that what is due first must be paid by the borrower first.

     

    For example:

    Statement / Payment Flag

    Date

    Total Amount Due

    Minimum Amount Due

    Charges

    Payment received till Due date

    Previous Minimum Amount Due

    Total Minimum Amount Due

    Days past due on payment due date

    Statement Date

    12/03/2022

                  10,000.00

                        500.00

                                   -  

     

                                 -  

                        500.00

    0

    Payment Due date

    01/04/2022

     

     

     

                        100.00

     

     

    1

    Statement Date

    12/04/2022

                  10,400.00

                        995.00

                          500.00

     

                        400.00

                    1,395.00

    12

    Payment Due date

    02/05/2022

     

     

     

                        700.00

     

     

    1

    Statement Date

    12/05/2022

                  10,700.00

                    1,485.00

                      1,000.00

     

                        695.00

                    2,180.00

    11

     

    * Charges will be levied as defined in Most Important Terms & Conditions, in the above table it is illustrative only

    Assumptions:

    1. Only Retail transactions are included in the above illustration.
    2. There are no additional purchases done by the customer post the first statement generation.

    What is SMA?

    A Special Mention Account (SMA) is a loan account   showing the symptoms of stress as evidenced by a default in payment of dues and/or,  in which principal or interest payment, or both are overdue but for a period of less than or equal to 90 days.

    SMA account categorisation  is  a precautionary measure to recognize a financial stress early and therefore to take corrective action to contain that stress and prevent an account from turning into NPA.

    Classification as Special Mention Account (SMA) and Non-Performing Asset (NPA)

    Bank is required to recognize the incipient stress in loan accounts, immediately on default, by classifying the loan accounts as Special Mention Accounts (SMA). The basis of classification of SMA /NPA Category shall be as follows:

    Loans in the nature of Credit Cards

    SMA Sub-categories

    Basis for classification - Principal or interest payment or any other amount wholly or partly overdue

    SMA-0

    Upto 30 days

    SMA-1

    More than 30 days and upto 60 days

    SMA-2

    More than 60 days and upto 90 days

    What is NPA?

    A Non-Performing Asset (NPA) is a where interest and/ or instalment of principal remains overdue for a period of more than 90 days from the payment due date, in respect of a Credit Card outstanding,

    In case of interest payments in respect of Credit Cards, an account will be classified as NPA if the interest applied at specified rests remains overdue for more than 90 days.

    Illustrative movement of an account to SMA category to NPA category based on non-payment of dues at day-end process*:

    The below illustration depicts the Credit Card statement, payment due date and SMA tagging, if minimum dues are not received before the day-end process* of payment due date, the date of overdue will be same as payment due date.

    Statement / Payment Flag

    Date

    Total Amount Due

    Minimum Amount Due

    Charges

    Payment received till Due date

    Previous Minimum Amount Due

    Total Minimum Amount Due

    Days past due on payment due date

    SMA Flag

    SMA/NPA Since

    Statement Date

    12/03/2022

                  10,000.00

                        500.00

                                   -  

     

                                 -  

                        500.00

    0

    NA

    NA

    Payment Due date

    01/04/2022

     

     

     

                        100.00

     

     

    1

    SMA - 0

    01/04/2022

    Statement Date

    12/04/2022

                  10,400.00

                        995.00

                          500.00

     

                        400.00

                    1,395.00

    12

    SMA - 0

    01/04/2022

    Payment Due date

    02/05/2022

     

     

     

                        700.00

     

     

    1

    SMA - 0

    02/05/2022

    Statement Date

    12/05/2022

                  10,700.00

                    1,485.00

                      1,000.00

     

                        695.00

                    2,180.00

    11

    SMA - 0

    02/05/2022

    Payment Due date

    01/06/2022

     

     

     

                                 -  

     

     

    31

    SMA - 1

    SMA since 02/05/2022

    SMA-1 since 01/06/2022

    Statement Date

    12/06/2022

                  12,200.00

                    2,035.00

                      1,500.00

     

                    2,180.00

                    4,215.00

    42

    SMA - 1

    Payment Due date

    02/07/2022

     

     

     

                                 -  

     

     

    62

    SMA - 2

    SMA since 02/05/2022

    SMA-2 since 01/02/2022

    Statement Date

    12/07/2022

                  14,700.00

                    3,110.00

                      2,500.00

     

                    4,215.00

                    7,325.00

    72

    SMA - 2

    Payment Due date

    01/08/2022

     

     

     

                                 -  

     

     

    92

    NPA

    NPA since 31/07/2022

    Statement Date

    12/08/2022

                  17,700.00

                    3,735.00

                      3,000.00

     

                    7,325.00

                  11,060.00

    103

    NPA

    31/07/2022

    Payment Due date

    01/09/2022

     

     

     

                                 -  

     

     

    123

    NPA

    31/07/2022

    * Charges will be levied as defined in Most Important Terms & Conditions, in the above table it is illustrative only

     

    Assumptions:

    1. Only Retail transactions are included in the above illustration.
    2. There are no additional purchases done by the customer post the first statement generation.
    3. There are no payments from 01/06/2022 onwards.

    * EOD is End of Day, the day-end process - The customer should make payment / maintain required balance to service the credit card account before 11:30 PM IST.

    Upgradation of accounts classified as NPA

    All the Credit Card accounts of a borrower will be classified as NPA, in case any one of the accounts get classified as NPA and will continue to remain classified as NPA unless the overdues of all the loan accounts or credit facilities are fully repaid by the customer.

  18. CREDIT CARD REISSUANCE AND REPLACEMENT

    18.1 If Card becomes defective/gets damaged, mutilated, lost or stolen, Cardmember may ask for a replacement Credit Card at any of the Bank’s branches or lodge your request at Customer Service 24-hour Toll-Free number 1860 267 6789. All such replacement Credit Cards shall be provided at the discretion of the Bank upon such Charges prevailing at the time of replacement. The damaged Card must not be used and should be cut in diagonally over the magnetic strip and returned immediately to the Bank. Also, please destroy the chip (if any) on the Credit Card by cutting the chip in two pieces.

  19. CHANGE OF ADDRESS AND TELEPHONE NUMBER

    19.1 Cardmember shall promptly notify the Bank at the address notified by the Bank from time to time or designated customer service center in writing or telephonically of any change in their address and/or any telephone number. Any request for change in address should be accompanied with the self-attested address proof.

  20. EXCLUSION OF LIABILITY

    20.1 Without prejudice to anything contained herein, the Bank shall be under no liability whatsoever to Cardmember in respect of any loss or damage arising, directly or indirectly, out of

    (a) any defect in any goods or services supplied,

    (b) the refusal of any person to honour or accept a Card,

    (c) the malfunction of any Electronic Terminal,

    (d) the giving of transaction instruction other than by the Cardmember,

    (e) any statement made by any person requesting to return of the Card or any act performed by any person in conjunction,

    (f) handing over of the Card by the Cardmember to anybody other than designated employees of the Bank at the Bank’s premises,

    (g) the exercise by the Bank of its right to demand and procure the surrender of the Card prior to the expiry date exposed on its face, whether such demand and surrender made and/ or procured by the Bank or by any person or computer terminal,

    (h) the exercise by the Bank of its right to terminate any Card or the Card Account, 

    (i) any injury to credit, character and reputation alleged to have been caused by the repossession of the Card and/or any request for its return or the refusal of any service establishment/mail order establishment to honour or accept the Card

    (j)any misstatement, misrepresentation, error or omission in any details disclosed by the Bank.

    In the event a demand or a claim for settlement of outstanding dues from Cardmember is made either by the Bank or any person acting on behalf of the Bank, Cardmember agrees and acknowledges that such demand or claim shall not amount to be an act of defamation or on act prejudicial to or reflecting upon Cardmember character, in any manner.

  21. CROSS DEFAULT

    21.1 Cardmember accepts that any default in discharging the obligations under the Cardmember Agreement shall be deemed default under the Cardmember Agreement and the Bank reserves the right to exercise any or all rights under the said Agreement including the right to terminate Credit Card Facility.

    21.2 Cardmember acknowledges the right of the Bank to terminate the Credit Card facility in the event of default in respect of any other loan financial/ credit facility extended to Cardmember by the Bank and vice versa.

  22. SERVICES PROVIDED BY Card Association

    22.1 There are certain emergency services provided to Cardmember by Card Association. Such services are provided by Card Association through third party agents. Cardmember shall be responsible for the cost incurred in availing such emergency services provided by/through Card Association.

    22.2 Assistance is provided on a best effort basis by/through Card Association.

    22.3 The Bank in India or anywhere in the world does not accept the responsibility for the arrangement or use of services provided by through Card Association.

  23. ASSIGNMENT/SECURITISATION

    Cardmember expressly recognizes and accepts that the Bank shall be absolutely entitled to sell, assign or transfer, in any manner (including through the drawing of a negotiable instrument or otherwise) in whole or in part and on such terms as the Bank may decide (including reserving a right to the Bank to proceed against Cardmember on behalf of any purchaser, assignee or transferee), Cardmember’s outstanding and dues, to any third party of the Bank’s choice without reference to or without written intimation by the Bank to Cardmember, and any such sale, assignment or transfer shall bind to accept such third party as a creditor exclusively or as a joint Creditor with the Bank, but with the right to the Bank to continue to exercise all powers hereunder on behalf of such third party and to pay over such outstanding and dues to such third party or to appropriate the same, as the Bank may decide. Any costs incurred by the Bank towards enforcement or its rights and recovery of outstanding and dues shall be debited to Cardmember’s Account.

  24. MISCELLANEOUS

    24.1 Where the Bank acts on good faith in response to any oral, written or electronic instruction or inquiry by the Cardmember in respect of any matter in relation to the Card, the Cardmember will not be entitled to claim or allege any loss, damage liability, expense etc. attributable, directly or indirectly, to any such good faith action of the Bank and the Cardmember agrees to hold the Bank harmless in respect thereof. Cardmembers’ liabilities under this Cardmember Agreement shall not be discharged of until outstanding on the Card Account is cleared in full.

    24.2 The total outstanding on the Card Account together with the amount of any Charges effected but not yet charged to the Card Account, will become immediately due and payable in full to the Bank on bankruptcy, insolvency, dissolution or winding up of a corporate body, of a Cardmember or death of the Primary Cardmember. The Primary Cardmember’s estate will be responsible for setting off any outstanding on the Card Account and should keep the Bank indemnified against all costs including legal fees and expenses incurred in recovering such outstanding. Pending such repayment, the Bank will be entitled to continue to levy Finance Charges and other applicable charges as given in the Schedule of Charges / MITC at its prevailing rate.

    24.3 The Card Account will also be liable to be suspended on instructions from any Government/Regulatory Body. All amounts outstanding on the Card shall be deemed to have immediately become due on instructions from Government/Regulatory Bodies, as the case may be, and the Bank shall be entitled to recover the same in accordance with the relevant laws in force without prejudice to Cardmember’s obligation to pay forthwith all outstanding.

    24.4 The Bank shall from time to time be entitled to add to and/or amend all or any of the terms of this Agreement, which shall be communicated in writing to the Cardmember. Cardmember will be bound by such amendments unless all the outstanding in the Card Account is paid and the Card is returned to the Bank for cancellation or cut in half before the date upon which any amendment is to have effect.

    24.5 The Bank shall at its sole discretion add any new or withdraw any existing facility or features available to Cardmember under this Agreement.

    24.6 All published information is correct and complete at the time of printing. The Bank cannot assume responsibility for changes, which occur after printing.

    24.7 Cardmember is required to refer to our website: go.dbs.com/cctnc for MITC.

  25. SPLIT AND PAY (EMI Terms and conditions)

    25.1 Refer Split and pay (EMI Terms and Conditions) terms and conditions on website go.dbs.com/cctnc

  26. OFFERS

    26.1 DBS Bank, from time to time, may communicate offers of various Merchant Establishments to its Cardmembers either at time of acquisition or after the Cardmember has been onboarded. These may be communicated to the customer through vouchers that could be co-branded or could be only of the Merchant Establishment.

    26.2 These offers are brought to the Cardmember solely by the participating Merchant Establishments. Terms and conditions of the participating Merchant Establishments will apply. DBS Bank is not making the Offer, and neither makes any warranty or representation, whether expressed or implied,  as to delivery, quality, merchantability, fitness, purpose, infringement, merchant ability or suitability of product/services availed of by the Cardmember under this Offer/the Voucher.

    26.3 The Cardmember further understands that any information exchanged by the Cardmember with the Merchant Establishment shall be at his/her sole direction and he/she shall not hold DBS Bank liable or responsible for use or misuse of such information by the Merchant Establishment. Any disputes as regards delivery, quality, merchantability or suitability of products/services availed of under this Offer the vouchers must be addressed by the Cardmember in writing to the participating Merchant Establishments directly and DBS Bank will not entertain any communication in this regard.

    26.4 DBS Bank shall not be liable for any loss or damage whatsoever that may be suffered or for any personal injury that may be suffered to a Cardmember directly or indirectly by use or non-use of products/services availed of under this Offer/the Vouchers.

    26.5 DBS Bank reserves the right to extend or terminate these offers without prior notice. DBS Bank reserves the right, at any time, without prior notice, to add/alter/modify/change or vary all of those terms and conditions or to replace, wholly or in part, this offer by another offer, whether similar to this offer or not, or to withdraw the offer altogether.

    26.6 Cardmember shall not be entitled to compensation / benefits in any form whatsoever in lieu of the Offer being availed. Offers cannot be exchanged or redeemed for cash.

    26.7 DBS Bank shall not be liable in any manner whatsoever or howsoever for any loss or damage or claims that may arise out of or otherwise howsoever from any refusal or failure on the part of the Merchant Establishment to provide or honour the offer, or benefits or privileges given under the Offer, for any reason whatsoever.

    26.8 Offer can be availed only if the card is current and in good standing at the time of availing the offer

    25.9 DBS Bank shall not be responsible or liable in any manner whatsoever for any deficiency or inadequacy of service rendered by for any loss whatsoever of any nature suffered by any Cardmember

    26.10 Participation in the Offer is optional and is at the sole discretion of the Cardmember

    26.11 In all matters relating to the Offer, the decision of DBS Bank shall be final and binding in all respects.

    26.12 In the event that the Offer, terms in this Agreement, or any part thereof is prohibited or restricted under applicable law, the Offer and/or the terms and conditions (as the case may be) may be modified to the extent required to comply with the law.

    26.13 The terms & conditions of the offer shall be in addition to and not in substitution of/derogation to, this Agreement and other the terms & conditions governing the Card.

    26.14 Any term and condition applicable to the Offer which  is or is subsequently adjudged or found to be illegal, prohibited or unenforceable under any law or regulations shall be ineffective to the extent of such illegality, void, prohibition or unenforceability without invalidating the remaining terms and conditions.

  27. Consent to disclose Your information

    27.1 You and Additional Cardmember hereby authorise and consents to the Bank and/or any of Bank’s personnel disclosing any information (including personal information), whether in India or otherwise:

    1. to any of Bank’s affiliates or service providers who have a legitimate business purpose for obtaining such information, including offering you products or services in connection with or to facilitate the use of Card, risk management purposes etc.
    2. to any of our service providers, affiliates or any other third party as We may consider necessary in order to give effect to any electronic instruction or transaction or to comply with any order or request of any court, government or regulatory authority in any jurisdiction.
    3. to any person using Card purporting to be you where such disclosure is reasonably regarded by Bank to be necessary to complete any transaction or to carry out the electronic instruction.
    4. to any information gathering or processing organization or department conducting survey(s) on behalf of DBS
    5. to any service provider of DBS for the purpose of or in connection with the sale, supply, marketing or promotion of any DBS’ services or products or investigating any complaint or dealing with any query relating to the sale, supply, marketing or promotion of any services or products of DBS.
    6. to the law enforcement agencies, police, regulatory authorities or such other local authority/ies and Government agencies
    7. to third parties for analysis, processing, statistical or risk analysis, conducting credit or anti-money laundering checks, fraud prevention, etc.
    8. other institutions, such information in relation to You as may be necessary for any reason inclusive of but not limited to the participation in any telecommunication or Electronic Clearing Service or payments systems or such other network(s), in compliance with legal directive,
    9. credit information companies or credit bureaus for the purpose of making a report or facilitating any investigation

    27.2 Cardmember hereby undertakes and agrees to comply with Information Utility Regulations (as applicable) under the Insolvency and Bankruptcy Code 2016 and Reserve Bank of India’s circular no. DBR.No.Leg.BC.98/09.08.019/2017-18 dated December 19, 2017 (as applicable). Cardmember authorizes the Bank to share Cardmember’s financial information to any information utility notified under the Insolvency and Bankruptcy Code 2016. Cardmember shall authenticate the financial information on the relevant Information Utilities platform (“IU Platform”) and in case of any error, intimate the Bank about such error and support the Bank to rectify such error. In case Cardmember fails to comply with its obligations under this Clause, Bank shall be entitled to declare such non-compliance as breach of this Agreement by the Cardmember.

    27.3 The Cardmember authorises the Bank to inform Cardmember’s employer of any default in repayment and to instruct the employer to pay any of Cardmember’s salary or remuneration to the Bank to settle the outstanding balance in Cardmember’s Card Account with the Bank. The Cardmember agrees to do things necessary to fulfil Cardmember’s obligations, including giving authorisation to the employer to pay Cardmember’s salary and entitlements to the Bank in accordance with Bank’s instructions without prior consultation with the Cardmember.

    27.4 You and/or Additional Cardmember hereby unconditionally agree that Bank or its contractors may hold and process your personal information on computers or otherwise in connection with Card services, statistical analysis, credit scoring and for providing certain value added services.

    27.5 Bank’s authority to disclose information as set out in this Clause 27 will survive the termination of Card.

    27.6 Neither DBS nor any of its personnel will be liable for any loss, damage or expense suffered by you as a result of :

    1. any disclosure of any information which you have consented to Bank and/or any of our personnel; or
    2. any access by a third party to information obtained through your use of Card.

    26.7 You consent to DBS calling you on your registered mobile number for the purpose of verification of information provided by you, irrespective of your mobile number being registered in the Do Not Call registry or the National Customer Preference Register (NCPR).

    27.8

    Notwithstanding any registration by You on the Do Not Call registry or the NCPR and/or Do Not Disturb (DND) database, You consent to Bank, it’s personnel and all such third parties as duly authorised by Bank to contact/get in touch with You by way of E-mail, telephone call, SMS, in-app notification, internet banking, mobile banking for the purposes of sending the monthly Billing Statement or administering or servicing (including for feedback, experience surveys, usability studies and for any other form of market research, survey or studies) of any of the Bank’s products/services.

    27.9 You agree that Bank may use third party websites and social media platforms like Facebook, Twitter, Instagram, Google or any other advertising agencies to enable Bank to serve you offers, content and ads on an ongoing basis.

    27.10 Privacy Policy

    All of the information that Bank collects from You, such as registration details, Account details and debit/credit card information etc., is subject to its privacy policy. DBS's Privacy Policy, as may be amended, supplemented and/or substituted from time to time, is incorporated by reference into and forms part of this Agreement and will apply to all personal data that you provide to DBS or that arises from your relationship with DBS. DBS's Privacy Policy is available at https://www.dbs.com/digibank/in/privacy-policy.page. You hereby consent to DBS's collection, use, disclosure and processing of your personal data in accordance with DBS Privacy Policy and these Terms.

  28. RIGHT TO SET OFF /BANKER’S LIEN

    28.1 In the event of Cardmember delaying or being unable to settle the Credit Card outstanding, as provided in this Agreement, for any reason whatsoever, Cardmember expressly and unconditionally authorise the Bank to set off and adjust any such outstanding against any property or assets in the possession of the Bank from time to time, including but not limited to, Savings Account(s), Current Account(s), and Term Deposit Account(s) that Cardmember may have with us individually or jointly, or any amount that may be payable by Us in any capacity to Cardmember on any account whatsoever. The Bank shall have a lien over all their assets in possession of the Bank as per law.

  29. WAIVER/ ACQUIESCENCE

    29.1 No delay in exercise or omission to exercise any right, power or remedy accruing to the Bank upon any default under this Agreement, or any other agreement or document, shall impair any such right, privilege, power or remedy, nor shall it be construed to be a waiver/ forbearance thereof or any acquiescence in such default, nor shall the action or inaction of the Bank in respect of any default or any acquiescence by it in any default, affect or impair any right, power or remedy of the Bank in respect of any subsequent or similar default.

  30. ARBITRATION

    30.1 Any dispute, controversy or claim arising out of or relating to this Agreement, or the breach, termination or validity thereof shall be resolved by referring the dispute to a sole Arbitrator, appointed by a designated officer of the Bank under the provisions of the Arbitration and Conciliation Act, 1996, as amended from time to time. The seat of arbitration shall be Mumbai, India. The arbitration proceedings shall be in English language. The arbitral award shall be final and binding on the Parties.

  31. JURISDICTION AND GOVERNING LAW

    31.1 This Agreement shall be governed by the laws of India.

    31.2 All disputes arising out of and/or relating to this Cardmember Agreement shall be subject to the exclusive jurisdiction of competent courts at Mumbai, India and you unconditionally submit to the same. This shall not, however, limit the rights of the DBS Bank to file/take proceedings in any other court of competent jurisdiction.

    31.3 This Clause 31 (Jurisdiction and Governing Law) shall survive termination of this Agreement.

  32. SURVIVAL

    32.1 The terms, conditions, obligations, liabilities, indemnities and rights in this Agreement that by their nature and content are intended to survive, shall survive the expiry or termination of this Agreement.