0%- Shop Now Pay Later Program- Terms & Condition

Transcription

1 0%- Shop Now Pay Later Program- Terms & Condition In consideration of First Gulf Bank PJSC (hereafter referred to as the Bank ) agreeing to make available the 0% Program ( as defined hereunder) to the Cardholder at the Cardholder s request, the Cardholder hereby agrees to the following terms and conditions: 1. Definitions: 1.1 Under these Terms and Conditions, where the context so admits, the following expressions shall have the meaning herein designated unless otherwise distinguished: Cardholder means either the Primary Cardholder or the Supplementary Cardholder; Credit Card means the VISA or MASTERCARD Primary Card or the Supplementary Card issued by the Bank to the Cardholder including their renewed and/or Replacement Card; Credit Card Number means the unique 16 digit number embossed on the face of a Credit Card; Credit Card Account means an account open in the books of the Bank to record all Transactions relating to the Credit Card; Credit Card Agreement means the Credit Card agreement along with its terms and conditions signed by the Cardholder which governs the use of the Credit Card; Credit Limit means the maximum debit balance permitted by the Bank and as notified to the Cardholder from time to time; 0%Program means First Gulf Bank 0% Shop Now Pay Later Program which grants to the Cardholder 0% interest up to 90 days against a Transaction; PIN means the numerical code issued to a Cardholder to enable the Credit Card to be used at an ATM; TPIN means a telephone identification number issued to the Cardholder which allows such Cardholder to access or carry out Transactions over the phone; Primary Cardholder means the person to whom a Primary Card is issued by the Bank; Primary Card means the primary Credit Card issued by the Bank to the Primary Cardholder; Statement of Account means the Bank s monthly or other periodic statement of account sent to the Cardholder showing particulars of the balance incurred by the such Cardholder, if any, and amounts payable to the Bank; Supplementary Cardholder means the person to whom a Supplementary Card has been issued.

2 Supplementary Card means the supplementary Credit Card issued by the Bank to the Supplementary Cardholder; Replacement Card means a further Credit Card issued to a Cardholder to replace an existing Card; Transaction means the purchase of goods, services, benefits or reservation including without limitations any reservation made by the Cardholder for air, ship, rail, motor or other transportation or hotel or other lodging or accommodation or other transportation, rental or hire, whether or not utilized by the Cardholder by the use of the Credit Card or the Card Number or the PIN or the TPIN or in any other manner including without limitation mail, electronic orders placed using the internet, telephone or facsimile orders or reservations authorized or made by the Cardholder, regardless of whether a sales slip or other voucher or form is signed by the Cardholder; 0% Transaction means a Transaction equal to or over the amount 1500 AED made by the Cardholder to which a Request has been approved by the Bank ; 0% Transaction Amount means the amount of 0% Transaction; Request means a request made by the Cardholder to the Bank to convert a Transaction into 0% Transaction and to govern the same by the 0% Program; Outstanding Balance means the total debit balance (inclusive of all charges which shall be debited to the Credit Card Account) outstanding on the Credit Card Account payable to the Bank according to the Bank's records on the date the Statement of Account is issued; IVR means the Bank s interactive voice response system 1.2 Unless the context requires otherwise, the following rules shall apply: Reference to any person including the Cardholder, the Bank, any other persons and/or legal entities shall include the personal representatives, successors and/or assigns of the person. Reference to any person shall include any corporation, firm, partnership, society, association, statutory body and agency, whether local or foreign. The clauses and other headings herein are for ease of reference only and shall not affect the interpretation of any provision hereof. Reference to a statutory provision includes reference to any modification, consolidation or reenactment of it for the time being in force, and all statutory instruments or orders made pursuant to it. Words importing the singular meaning shall where the context admits include the plural and vice-versa. Words for a gender include all genders. Where a word or phrase is defined, its other grammatical forms have a corresponding meaning.

3 References to month shall mean references to a Gregorian month. 1.3 To the extent they relate to the subject matter of, and do not conflict with, these Terms and Conditions, the General Terms and Conditions of the Bank and Credit Card Agreement are incorporated herein by reference and the Cardholder hereby confirms having received and read the General Terms and Conditions of the Bank and Credit Card Agreement that they are unconditionally accepted to form part of these Terms and Conditions. Words and expressions defined in the Bank s General Terms and Conditions and Credit Card Agreement shall unless the context otherwise requires, have the same meanings when used in these Terms and Conditions. 2. Eligibility 2.1 The 0% Program is offered to the certain Cardholder who meet the criteria determined by the Bank (Subject to its sole discretion) and to whom the 0% Program has been communicated by the Bank. 2.2 Subject to the Bank s sole discretion and upon receipt the Request, the Bank shall convert a Transaction into 0% Transaction. Notwithstanding the foregoing; the Bank reserves the right to reject any Request without revealing the reasons for such refusal. 2.3 The 0% Program should be availed within 15 days from the date of the Transaction. 3. Amount of the 0% Transaction 3.1 The 0%Program issued by the Bank shall be applicable only on Transactions equal to and/or over AED 1,500 which should not,at all times, exceed the available Credit Limit on Credit Card as on date of the Request 3.2 The Bank shall have the right to change amount provided in Clause 3.1 above at any time 4. Billing and Repayment of the 0% Transaction 4.1 The 0%Transaction Amount will be reflected in the next Statement of Account and will be added to the Outstanding Balance. 4.2 The 0% Transaction Amount shall be subject to Clause 5 (Payments) of the Credit Card Agreement. 4.3 The repayment of the 0% Transaction Amount should be on or before the third Statement of Account drop calculated from the date of submission of the Request.

4 4.4 5% of the 0% Transaction Amount will be included in the monthly minimum payment due from the second Statement of Account drop calculated from the date of conversion of the Transaction into 0% Transaction 4.5 After the drop of the second Statement of Account any payment received will first be adjusted towards the 0% Transaction Amount after deduction of the monthly minimum payment due. 4.6 Any default in repayment of the 0% Transaction Amount shall be charged interest as part of the Outstanding Balance in accordance with the Bank s Schedule of charges and no interest will be reversed once charged. 4.7 Any payment received in excess of the Outstanding Balance shall be adjusted towards the outstanding of the 0% Transaction Amount. 5. Acceptance of Telephonic Instructions 5.1 The Cardholder authorizes the Bank to accept telephonic Request whenever the Bank receives a telephone call from a person who identifies himself/herself as being the Cardholder. 5.2 The Cardholder agrees that the confirmation by the caller of the Cardholder s identity, by provision of the personal details required by the Bank, will be sufficient evidence for the Bank to identify the caller and to act upon his/her instructions. 5.3 The Cardholder hereby consents to the recording of such telephone calls by the Bank and accepts such recordings as evidence before a court of Law or any other legal proceedings with regards to 0% Program and the Card member consents to the use of such recordings by the Bank. 5.4 Without prejudice to Clause 5.1 above, the Cardholder authorizes the Bank to accept instructions and/or Request by a letter, internet, IVR, SMS, facsimile, or any other channel introduced by the Bank from time to time. 5.5 The Cardholder agrees that the Bank s records pertaining to the 0% Program will be final and binding. 6. Indemnity 6.1 The Cardholder agrees to defend, indemnify and hold harmless the Bank on demand from and against any and all losses, actions, claims, proceedings, judgments, fines, damages, fees, costs and expenses (including legal fees) together with any sales or other taxes (regardless when the same are made or incurred) (a) which may at any time be suffered or incurred (directly or indirectly) as a result of or connected with the preservation and/or enforcement of any of the rights of the Bank under these Terms and Conditions ; and/or (b) which arise out of any act or omission on the Cardholder ; and/or (c) which arise out of any wrongful, misleading or other such information provided by the Cardholder to the Bank. Such expenses

5 shall include without limitation any internal management and administrative costs of the Bank. 7. Exclusion of Liability The Bank shall not be in breach of these Terms and Conditions or otherwise liable to the Cardholder for any delay, non-performance, no n-occurrence or failure with respect to the promotion, which is due to an event of Force Majeure. In such an event, the Bank may cancel, modify, suspend or terminate the 0% Program and these Terms and Conditions and the Bank s obligation to the Cardholder is automatically discharged without liability to the Bank and necessity of the Bank to provide notice to the Cardholder. For the purposes of these Terms and Conditions, Force Majeure means a circumstance beyond the reasonable control of the Bank including amongst other things, strikes or other industrial disputes, acts and/or regulations of any governmental or supra national bodi es or authorities in any jurisdiction (including without limitation any charges to laws which could hinder, delay, restrict or prohibit the promotion) or any transport, port or air disruption, Acts of God; hurricane, tornado, or other weather conditions; labor strike, lockout or other industrial disturbance or; war, riot, sabotage, act of public enemy or threat of any of the foregoing; terrorist act or gang violence or threat of any of the foregoing; flood or other natural disaster. 8. Warranties & Purchase Protection 8.1 The Cardholders shall be entitled to any warranty or purchase protection offered By Visa and/or MasterCard from time to time on the Credit Card without any responsibility whatsoever on the Bank 8.2 The Bank shall only be responsible for booking the Request for the 0% Program on products/services offered by suppliers. The Bank shall not be considered at any time as the supplier of product/services available under the 0% Program. 8.3 The Bank shall not take any warranty whatsoever (whether expressed or implied) and undertakes no liability in respect of the quality or their suitability or fitness for any purpose of service/products booked under the 0% Program. 9. Governing Law and Jurisdiction 9.1 These Terms and Conditions shall be governed by and construed in all respects in accordance with the laws of the UAE. 9.2 The Cardholder irrevocably agrees for the benefit of the Bank that the courts of the UAE shall have jurisdiction to hear and determine any suit, action or proceeding, and to settle any disputes which may arise out of or in connection with these Terms and Conditions and, for such purposes, irrevocably submits to the jurisdiction of such courts.

6 9.3 The Cardholder irrevocably waives any objection which it might now or hereafter have to the courts referred to in this Clause being nominated as the forum to hear and determine any suit, action or proceeding and to settle any disputes which may arise out of or in connection with these Terms and Conditions and agrees not to claim that any such court is not a convenient or appropriate forum. 9.4 Submission to the jurisdiction of the courts referred to in this Clause shall not limit the right of the Bank to take proceedings against the Cardholder in any other court of competent jurisdiction nor shall the taking of proceedings in any one or more jurisdictions preclude the taking of proceedings in any other jurisdiction, whether concurrently or not. 10. Miscellaneous 10.1 The Cardholder undertakes to sign such further documents as may be requested by the Bank from time to time in connection with these Terms and Conditions All fees and charges pursuant to or in connection with these Terms and Conditions are nonrefundable The rights and remedies herein provided are cumulative and not exclusive of any rights or remedies provided by law. 11. Assignment The Cardholder shall not be entitled to assign or transfer all or any of its rights, benefits and obligations under these Terms and Conditions. The Bank may at any time assign all or any of its rights and benefits under these Terms and Conditions and may disclose to any actual or potential assignee or to any person who may otherwise enter into contractual relations with the Bank in relation hereto such information about the Cardholder as the Bank considers appropriate. 12. Waiver If the Bank does not at any time exercise the full implementation of any clause or obligation set out in this Terms and Conditions, or if the Bank delays the implementation thereof, the same shall not be considered to be a waiver of its right or abandonment of the full implementation at a subsequent time. 13. Variation of Terms a. The Bank may from time to time with or without giving prior written notice to the Cardholder change these Terms and Conditions at its sole discretion. Notwithstanding the foregoing. the Bank reserves the right to terminate the 0% Program without prior notice.

7 b. If at any time dispute arises in connection with either the 0% Program or these Terms and Conditions, the Bank s decision in connection with the same shall be final and binding The Card member acknowledges that he/she has read the entire Terms and Conditions and accepts to be bound by them. The Card member also agrees that his/her usage of 0% Program establishes his/her consent to these Terms and Conditions. 14. Other terms and conditions apply.