Citibank Terms and Conditions for the Issuance and Use of VISA Cards Chip Cards (hereinafter Terms and Conditions )
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1 Citibank Terms and Conditions for the Issuance and Use of VISA Cards Chip Cards (hereinafter Terms and Conditions ) These Terms and Conditions apply to your Agreement. By returning the signed Application Form to the Bank (or by completing another application form or a process as determined by the Bank) or by activating your VISA chip card (whichever occurs first), you confirm the acceptance of these Terms and Conditions. I. Definitions The A-PIN is a four-digit personal identification code required for the use of the Card at ATMs and electronic terminals and selected by the Cardholder through the Business Payment Card Customer Line. The T-PIN is a four-digit personal identification number delivered to the Cardholder by the Bank and used by the Cardholder to communicate with the operators of the Business Payment Card Customer Line. The Statement is a periodic statement listing Transactions, fees and other amounts charged in connection with the Card and the Account Transactions. The CitiManager System is the Internet system of the Bank accessible at through which estatements are provided to the Cardholder and Account Owner. The Business Payment Card Customer Line is the banking service for the phone communication between the Cardholder and the Bank. The Card means the payment card with the international VISA trademark, issued by the Bank with specification of the Card number, date of expiry and Cardholder data, a signature strip, magnetic data, a chip and other security elements. The Card is designed for payments for goods and services or cash withdrawals for the Account Owner s business purposes. The Third Party List is the list of third parties involved in the provision of banking products offered by the Bank, which states the reason for transmission and processing of personal data by said third parties. On its website the Bank publishes the list, including its possible changes. Citibank Terms and Conditions Governing the Issuance and Use of VISA Cards are the Citibank Terms and Conditions Governing the Issuance and Use of VISA Cards, as amended. Capitalized terms not defined in these Terms and Conditions have the meaning stated in the Citibank Terms and Conditions Governing the Issuance and Use of VISA Cards. II. Issuance of the Card 1. The Bank issues Card in accordance with generally binding legal regulations, General Business Conditions, Citibank Terms and Conditions Governing the Issuance and Use of VISA Cards and these Terms and Conditions, and the use of Cards is governed by generally binding legal regulations and all aforementioned terms and conditions. In case of conflict between the stipulations of the General Business Conditions, Citibank Terms and Conditions Governing the Issuance and Use of VISA Cards and these Terms and Conditions, the following descending order of precedence shall apply: these Terms and Conditions; Citibank Terms and Conditions Governing the Issuance and Use of VISA Cards; General Business Conditions 2. The T-PIN is only known to the Cardholder. The Cardholder can change the T-PIN via the Business Payment Card Customer Line.
2 3. Immediately upon the receipt of the Card, the Cardholder shall sign the signature strip (and the signature must be identical to the signature in the Application Form) and activate the card via the Business Payment Card Customer Line. Immediately upon activating the Card, the Cardholder shall choose his/her A-PIN via the Business Payment Card Customer Line. 4. By signing the Application Form or by activating the Card (whichever occurs first), the Cardholder acknowledges that, for the purpose of providing services related to the Card and in accordance with Act 101/2000 Coll., as amended (Personal Data Protection Act), the Bank is entitled to collect, process and share with any third parties (whether in or outside the Czech Republic) all Cardholder s personal data, including the birth number, provided to the Bank in connection with the issuance and use of the Card; the consent is granted for a period reasonably required for the implementation of the purpose specified above. Without prejudice to the generality of the consent according to the previous sentence, by signing the Application Form or the registration form for supplementary insurance accompanying payment cards or by activating the Card (whichever occurred first), the Cardholder also acknowledges that the Bank is entitled to share all Cardholder s personal data, including the birth number, with insurers included in the Third Party List for the purpose of arranging for / procuring / allowing the accession to an optional insurance product or automatically configured travel and accident insurance and for the performance of insurance activities related to those insurance products for a period reasonably required for the implementation of the purposes specified above. 5. The Bank publishes on its website an updated list of third parties which are involved in the provision of its banking products and indicates the applicable reason for the transmission of clients personal data and it s processing by the respective third party. The Bank also publishes any changes pertinent to such third parties. III. Card use 1. The Transaction is authorized if approved by the Cardholder. The Cardholder approves the Transaction by entering the A-PIN when withdrawing cash from an ATM, by entering the A-PIN or signing the relevant receipt (or by combining both methods) or by entering Cardholder s Unique Identifier (or its respective parts) in case of cashless payments for goods and services. The signature on the relevant receipt must be identical to the signature on the Card. In the case of a discrepancy between the signatures, the retailer may reject the Transaction or may request to see a valid ID of the Cardholder. 2. The Bank shall be entitled to refuse to execute a Payment Order, at its own discretion and without prior notice, especially: for Card or Account security reasons, if a suspicion exists regarding the loss, theft, misuse or unauthorized use of the Card, A-PIN, T-PIN, Unique Identifier of the Cardholder or the Account Owner (for example, if the Bank is not successful in contacting the Account Owner and/or the Cardholder or if the frequency or amounts of Transactions exceed usual volumes or if the Card is used from an unusual location, or if the Bank suspects that A-PIN or T-PIN protection may have failed); in response to an increased risk that the Account Owner or the Cardholder may fail to repay the loan granted (for example, if the Account Owner and/or the Cardholder are shown in the register of a credit bureau as a debtor with overdue debts, the Account Owner and/or the Cardholder are in default with the repayment of Cardholder s loan to the Bank, or if the Credit Lines of the Account Owner and/or Cardholder have been frozen by the Bank); if there is any overdue debt owed by the Account Owner and/or the Cardholder to the Bank; if a generally binding legal regulation provides so; if the limit for the Card and/or the Account may be exceeded as a result of the execution of the Payment Order; or if the conditions for the execution of the Transaction defined under these Terms and Conditions, the General Business Conditions or another agreement between the Bank and the Account Owner are not satisfied. The Bank must refuse to execute a Payment Order if a generally binding legal regulation provides so. 3. If the Bank refuses to execute the Payment Order, it shall inform the Cardholder of this refusal at the earliest occasion, usually by a rejected Payment Order notice attached to the Transaction non-execution
3 confirmation or displayed on the screen of the ATM or the payment terminal used for submitting the Transaction which was not executed as the result of a rejected Payment Order. If possible, the Bank shall inform the Cardholder of the grounds for refusal and the procedure to rectify the errors which resulted in the rejection of the payment order. This shall not apply where providing this information or making it available is contrary to any generally binding legal regulation. 4. The Bank shall be entitled to block the Card and/or the Account at any time and without any consequences: a) for Card or Account security reasons, if a suspicion exists regarding the loss, theft, misuse or unauthorized use of the Card, A-PIN, T-PIN, Unique Identifier of the Cardholder and/or the Account (for example, if the Bank is not successful in contacting the Account Owner or the Cardholder or if the frequency or amounts of Transactions exceed usual volumes or if the Card is used from an unusual location, or if the Bank suspects that A-PIN or T-PIN protection may have failed); b) in response to a significantly increased risk of the Account Owner or the Cardholder being unable to repay the loan available through the Card or unable to repay the amount that was, is or may be charged to the debit of the Account for the payments of goods and services or cash withdrawals using the Card or the Account (if the Account Owner and/or the Cardholder are entered in the Central Debt Register as a client with overdue debts; if the Account Owner and/or the Cardholder default on the payment of any loan product provided by the Bank; if the Credit Lines of the Account Owner and/or Cardholder have been frozen by the Bank, etc.); c) if the available balance of the Account to which the Card has been issued drops below the determined minimum balance or reaches an unauthorized debit; d) upon request of the Account Owner or the Cardholder; e) if the amount of a payment transaction effected via the Card exceeds the limit of the Transaction and/or Card and/or Account Balance; f) if the Account Owner or the Cardholder fail to return the Card to the Bank, despite being required to do so; g) if the Account Owner or the Cardholder default on the fulfillment of other obligations with respect to the Bank or violate any statements or obligations with respect to the Bank; or h) if the Bank is authorized to take such measures according to other provisions of these Terms and Conditions and/or the General Business Conditions. Before or immediately after (where the former is impracticable) the Bank blocks the Card and/or Account, it shall inform the Cardholder and/or the Account Owner of the fact that the Card and/or Account has been blocked and the reasons for this measure by phone, or an SMS. This shall not apply where providing such information or making it available might thwart the purpose of blocking the Card and/or Account or would be in conflict with generally binding legal regulations. Once the reasons the Payment Instrument was blocked have been corrected, the Bank shall re-activate the Card or the Account, or replace it with a new Card. 5. Unless otherwise agreed in writing between the Bank and the Account Owner, the Bank shall provide the Statement to the Account Owner and Cardholder free of charge via the CitiManager System, which is the default method of Statement delivery. The Bank provides Statements monthly. If the Account Owner requires a printed Statement, the Bank shall send it (as long as it consents to the provision of printed Statements) to the correspondence address of the Account Owner and the Cardholder, and each such Statement may be subject to charges according to the List of Charges. IV. Ensuring Protection and Security 1. The Cardholder is obliged: a) to protect the A-PIN, T-PIN and Card from being lost or stolen (it is especially strictly forbidden to write the A-PIN or T-PIN on the Card, to keep them together with the Card or disclose them to third parties); b) to prevent the Card, A-PIN, T-PIN, Unique Identifier of the Cardholder and/or the Account Owner from being misused (especially not to disclose the Card or Account number to any third party, except in connection with a Transaction or when reporting any suspected or actual loss, theft or misuse of the Card, Account or A-PIN or T-PIN); and c) to protect other security elements of the Card and data relating to the Account (this shall not apply where sharing other security features with third parties is necessary for the Transaction to be executed); and
4 d) to take any adequate actions to protect the personalized security elements of the Card, A-PIN, T-PIN, Unique Identifier of the Cardholder and/or the Account Owner. 2. If the Card is lost, stolen, misused, used by an unauthorized person or damaged, or if there is a threat that the Card, Account, A-PIN or T-PIN may be misused, or if the Card or T-PIN is not delivered to the Cardholder in due time, the Cardholder shall report such an event to the Bank immediately using the special telephone number published by the Bank and provided by the Bank to the Account Owner and Cardholder prior to the signing of the Agreement. Any loss report made by telephone requires a confirmation in writing by the Cardholder made no later than on the next Business Day. 3. If the Cardholder acts with gross negligence, breaches the obligations set forth in these Terms and Conditions or acts fraudulently, the Account Owner shall be fully liable for any loss resulting from the misuse of the Card. 4. The Account Owner shall also be liable for any loss resulting from disclosure of the A-PIN and T-PIN to third parties. 5. The liability for authorized, unauthorized and incorrectly effected Payment Transactions shall be governed by Articles 5.19, 5.20, 5.21 and 5.28 of the General Business Conditions. V. Changes to the Terms and Conditions and to the List of Charges 1. The Bank may at any time Publish a proposal to amend, cancel or supplement these Terms and Conditions and/or the List of Charges. 2. The amendment to or modification of the Terms and Conditions or the List of Charges according to the Bank s proposal shall be governed by Article of the General Business Conditions. 3. The Bank may at any time change the agreement specifying interest rates and exchange rates, unilaterally and without any prior notice, if such a change is based on a change to reference rates or exchange rates. Changes in the interest or exchange rate used in Payment Transactions shall be implemented and calculated in a neutral manner. Any change in the interest rate or the exchange rate that is more favourable to the Account Owner may be applied without prior notice. VI. Final Provisions 1. These Terms and Conditions and all matters arising out of the issuance and use of the Card are subject to Czech law and the jurisdiction of the competent court in the Czech Republic, within whose jurisdiction Citibank Europe plc, organizační složka has its registered office. 2. These Terms and Conditions are available in both English and Czech language versions. In the case of any conflict between the English and Czech language versions, the Czech version shall take precedence. 3. If the Cardholder or the Account Owner request, along with the Card, the activation of any of the optional insurance products provided by the Insurer included in the Third Party List or if the insurance automatically accompanies the Card, by signing this Application Form or the registration form for the supplementary insurance for payment cards, the Cardholder and the Account Owner confirm that they are duly acquainted and agree with the wording of the General Insurance Terms and Conditions of the respective Insurer, the wording of the current Framework Insurance Agreements entered into between the Bank (the Policyholder) and the respective Insurer, and that they understand the content hereof and comply with the insurance conditions and expressly agree with the insurance terms and conditions according to the aforementioned documents. Furthermore, the Cardholder agrees that the Insurer is entitled to request the Cardholder s personal data, including sensitive data (regarding the Cardholder s health conditions) according to Section 4 (b) of Act 101/2000 Coll., on the protection of personal data, as amended, for the purpose of investigations regarding insurance claims pursuant to Section 50 (1) of Act 37/2004 Coll., on insurance contract, as amended.
5 4. These Terms and Conditions come into effect on April
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