MauBank Terms & Conditions for Credit Cards Credit Cards Terms & Conditions

CREDIT CARDS TERMS AND CONDITIONS

PREAMBLE

• WhereasMauBank Ltd (hereinafter referred to as the “Bank” or “MauBank”), issues Bank Credit Cards, to its customers whose application to this effect shall have been received and accepted;
• Whereas the customers to whom the Bank Credit Cards are issued, (hereinafter referred to as “the Cardholders”), are formally bound by the present Terms and Conditions,
• Whereas the Cardholders unconditionally agree that the present Terms and Conditions may be amended from time to time and that they shall be notified of such amendments by the Bank thirty (30) days beforehand and that unless the Bank Credit Cards are returned by them to the Bank within fifteen (15) days of such notification, they shall be deemed to have accepted the said amendments and be bound thereby,
• Whereas the Bank shall have the right to terminate the present Terms and Conditions (the “Terms and Conditions” or “agreement”), with immediate effect upon any material breach or violation by the Cardholder of any obligation contained herein.

NOW THEREFORE, it is covenanted and agreed as follows:

1. DEFINITIONS AND INTERPRETATIONS

1.1        “Card’’ means the Bank’s Visa Credit Card issued by the Bank to the Cardholder.

1.2        “Credit Card Account” means the special account attached to the Card issued to the

Cardholder.

1.3        “Principal Cardholder” means the customer to whom the Card has been issued and on whose name the Credit Card Account has been opened.

1.4        “Additional Cardholder” means any person to whom the Principal Cardholder has requested the Bank to issue a supplementary Card so that the Additional Cardholder may use the Principal Cardholder’s Card Account.

1.5        “Credit Limit” is the maximum amount the Bank allows the Cardholder to deal with the Credit Card Account at any time.

1.6        The “PIN” means the Personal Identification Number allotted by the Bank to the Cardholder.

1.7      ‘’Validity Date’’ – The expiry date of the Card as printed on the Card.

1.8        “ATM” means Automatic Teller Machine located in Mauritius or abroad displaying the ‘Visa’ logo.

1.9        "POS" means any authorised establishment/merchant displaying a Visa logo and equipped with a terminal to accept Cards for transaction.

1.10        “Transaction” means any purchase made or cash advance obtained by the Principal Cardholder or the Additional Cardholder using the Card.

1.11 ‘’Chip’’ Integrated circuit that may be embedded in a Card and which is designed to perform processing and/or memory functions’’

1.12 ‘’CVV’’ Card Verification Value relates to the last 3 digits at the back of the card.

1.13 ‘’Card Not Present Transaction’’ means transaction payment without the Card being physically presented at time of transaction including but not limited to online payments, mail order and transactions via telephone.

1.14 “Contactless Transaction” – Transaction processed with Tap and Pay functionality at a contactless enabled POS terminal with or without requiring the Cardholder to input his PIN to authorize the transaction, subject to the transaction threshold applied by MauBank

1.15 “Contactless Reader” - Secure reader installed within a POS terminal through which contactless purchases may be made.

1.16 “Terminal limit” is the limit which has been set by the Merchant’s Bank on the POS terminal to accept Contactless payment.

1.17 ‘’3D Secure Services’’ refers to online authentication services catered by Visa to facilitate secure Card Not Present Transactions at participating 3D secure online merchants displaying the ‘Verified by Visa’ logo

1.18 ‘’MauBank Secure Token’’ – Free App which can be downloaded from App Store and PlayStore and allows the cardholder to generate the One Time Password(OTP) required for authentication of transactions at online merchants displaying the ‘Verified by Visa’ logo.

2. ACCEPTANCE

        2.1        This Agreement governs the terms and conditions of the use of the Card. It is imperative that before the Cardholder signs and agrees to these Terms and Conditions, the Cardholder reads and understands same. Notwithstanding the foregoing, upon use of the Card, it shall be implied that the Cardholder undisputedly submits himself legally to all these Terms and Conditions.

3. PURPOSE OF THE CARD

3.1        The Card is accepted in Mauritius and abroad and enables the Cardholder:-

3.1.1     To pay for goods and services supplied by merchants displaying the Visa logo

appearing on his Card.

3.1.2     To withdraw banknotes, in Mauritius in local currency, and abroad in the currency of the respective country, from member banks, financial institutions and ATM displaying the following sign/s: the VISA and/or PLUS sign/s for the Visa Credit Card.

3.1.3     To make mail or telephone orders or remote (internet, email) order for goods and services. By doing so the Cardholder authorizes the merchant to debit the purchase amount from his Card account. The Cardholder shall be required to pay the amount of the transaction although he will not necessarily have signed a sales voucher and the Card was not present at the time of the transaction.

3.2        The Card shall not be used for any unlawful purpose, including the purchase of goods or services prohibited by the local laws applicable in foreign countries where the Card is used.

3.3        The Bank reserves the right to amend, delete and add the above-mentioned conditions. Such changes will be published on the Bank’s website.

4. ISSUE OF THE CARD

4.1        The Bank shall issue the Card to those customers whose application to that effect shall have been accepted and after the opening of the corresponding Credit Card Account.

4.2        The Card is strictly personal and must, for its validity be signed by the Cardholder before use. The Card must not be used by any other party, except an Additional Cardholder.

4.3        The Cardholder agrees that the issuance of the Card may be tied up with security deposit in the form of a lien/pledge on his savings/fixed deposit account and that such lien/pledge is hereby constituted on the relevant account.

• The Cardholder agrees that the lien/pledge will only be waived after final settlement.

           The Bank reserves the right to reject any application without assigning any reason whatsoever for such rejection.

            The Card is not transferable and cannot be pledged or charged as security in any manner whatsoever.

            On receipt of the Card the Cardholder shall sign with a ball pen on the reverse of the Card in the space provided for, as per his/her signature appearing on the Application Form for the Credit Card. In case the unsigned Card is lost/stolen/misplaced the Cardholder shall be liable for all transaction /s incurred on it.

           The Cardholder shall use the Card in a satisfactory manner and shall be responsible for the safe-guarding of both Card and PIN.

           The Cardholder may only disclose the Card number for the purpose of a transaction or when reporting the loss or theft of the Card or when the Bank authorises such disclosure.

5. The PIN

5.1        A PIN shall be allotted by the Bank to the Cardholder and notified to him in a confidential manner and the Cardholder shall have the possibility to change it on one of the Bank’s ATMs. The PIN shall be dispatched separately from the Card.

5.2        The PIN is essential to effect transactions on ATMs and POS. The Cardholder shall, in his own interest, keep his PIN secret, not impart it to any person whatsoever, memorise and destroy the PIN notification promptly. Accordingly, the Cardholder shall never write the PIN on the Card or on anything usually kept with the Card.

If the PIN has become known to any person other than the Cardholder, the latter shall notify the Bank Credit Card Centre immediately on the (230) 405 4500 (hotline).

5.3        The Cardholder shall nevertheless be liable to the Bank for any transactions effected with the use of the Card by any other person who acquired possession of it with or without the Cardholder’s consent before such notification is received by the Bank’s Card Centre as if he had used it himself.

5.4       When authorising a Transaction using the PIN, the Cardholder is required to confirm the amount with the merchant at time of authorisation. The entries relating to a Transaction recorded in the Credit Card Account are conclusive evidence that the Transaction occurred as so recorded. The use of the PIN will be regarded as conclusive evidence that the Transaction was authorised by the Cardholder.

5.5       The following is quoted from the Mauritius Bankers Association (MBA) Code of Banking Practice, Section 14.5; Liability for Losses: “If someone else uses your card before you tell us it has been lost or stolen, the bank will refund any disputed transactions if:

• You have exercised reasonable care in safeguarding your card from risk of loss, theft, or unauthorized use; and
• You immediately and without delay notified the bank upon discovery of the loss, theft, unauthorised use; and
• A PIN has not been used as the cardholder verification method for the unauthorised transaction(s);and

You have complied with the terms and conditions of the cardholder agreement.”

6. CREDIT LIMIT

6.1       The Bank shall assign a credit limit to the Credit Card Account which must be strictly observed. The Cardholder may however apply for a review of his credit limit at any time, which credit limit shall be approved by the Bank at the latter‘s sole discretion

.6.2       The Bank may revise the credit limit from time to time and communicate same with the Cardholder beforehand. Where it proposes to increase the credit limit extended to the Cardholder, the Bank shall give prior notice thereof to the Cardholder and the latter shall have the right to refuse the proposed increase. Likewise, the Cardholder shall have the right to request the Bank to reduce his credit limit.

6.3       By signing the application form, the Cardholder authorizes the Bank to make any queries it deems necessary for the purpose of credit assessment when revising the credit limit.

6.4       In computing whether the credit limit has been exceeded the Bank shall take into account the amount of any Card transactions not yet debited to the Credit Card Account and of any authorization given by the Bank to a third party in respect of a prospective Card transaction.

7. USE OF THE CARD

7.1       The Cardholder is entitled to use his Card for the purposes set out in paragraph 3. 7.2 The Cardholder undertakes to exercise utmost care to prevent the Card from being lost or stolen.

7.3       Before effecting any transaction the Cardholder must ensure that he has sufficient funds standing to the credit of his Card Account or that the transaction is within the credit limit set by the Bank.

7.4       The amount withdrawn by the Cardholder, such as it is recorded by the ATM, shall be debited to the Cardholder’s Card Account.

7.5       Cardholders must ensure that the CHIP on the Card is protected at all times from misuse including tampering damage, destruction or any form of unauthorised use and must be kept clean at all times.

7.6 The Bank shall not be liable if a transaction cannot be processed as a result of a merchant POS terminal not being correctly configured or for any other cause.

8. CONTACTLESS TRANSACTION PROCESSING

• For the purpose of Contactless Transaction Processing:

8.1.1 A Card transaction processed with Tap and Pay functionality at a contactless enabled POS terminal with or without requiring the Cardholder to input his PIN to authorize the transaction, subject to the transaction threshold applied by MauBank

8.1.2 A Contactless payment method via Visa network can be performed at any POS terminal, which displays both the Visa and contactless logo.

8.1.3 Contactless Transactions are also subject to the Card Limits, which shall be revised by MauBank from time to time as available on MauBank’s website and in MauBank Business Centres.

• Contactless Transactions are also subject to the POS terminal limits which shall be set by the Merchant’s Acquiring Bank
• If Contactless Transaction exceeds one or more of the limits, the Cardholder shall still make the purchase by swiping or inserting the Card into the reader/terminal and inputting his PIN

8.2 The cardholder shall be liable for all contactless transactions that have been effected with his Card. MauBank shall not in any way whatsoever be liable for such contactless transactions save and excepted when the Cardholder has reported that his card has been stolen or lost.

9. TEMPORARY BLOCK ON CARD/CARD FUNCTIONALITY

• Only the Cardholder can apply or request for a temporary block on his Card
• The Cardholder may update his Card settings via MauBank WithMe – (MauBank Mobile Banking application). The Cardholder may temporary block his Card to restrict:

ATM withdrawals

Point of Sales Transactions

Online Payments

• The card itself, in case it has been misplaced to prevent unauthorized use by temporarily block the card.
• The Cardholder may at any time, allow back these types of transactions by updating his Card settings.
• If you choose to temporarily block the Card, you should be aware that blocking the card temporarily does not report the Card as being lost or stolen.
• MauBank shall not be liable for any loss that you may suffer if a transaction is declined because it matches one of the temporary block you have set, including any subsequent loss of goods and/or services if the Merchant is unable to process the transaction.
• We rely on the information about a transaction that a merchant or financial institution provides us to determine whether the transaction matches one of the transaction types you have blocked. If, for example, you chose to block POS transaction but the merchant incorrectly processes the transaction as an Online Payment, the transaction will not be blocked.
• The cardholder acknowledges that the temporary block function is reliant on computer, and/or telecommunications systems. Disruptions to these systems may result in the temporary block function, setting and removing temporary block being unavailable from time to time.

10. SPECIAL PROVISIONS RELATING TO THE RUNNING OF THE ATMs

   10.1 The ATMs’ records or their reproduction on a computer-base shall be conclusive and irrefutable evidence of the amounts withdrawn by the Cardholder entitling the Bank to debit such amounts to the Cardholder’s Credit Card Account.

10.2       The Bank and the firm responsible for the maintenance of the ATMs shall in no circumstances be liable for the malfunction, temporary breakdown or misuse of the ATM, which may result in the retention of the Card or it being torn or destroyed.

10.3       The Bank will not be liable in case the ATM transaction fails for any reason whatsoever.

11. CASH WITHDRAWALS FROM OTHER BANKS AND FINANCIAL INSTITUTIONS ABROAD

11.1       Cash withdrawals by means of the Card from banks and financial institutions abroad displaying the Visa logo shall require the presentation of the Cardholder’s passport or National Identity Card. The bank or financial institution concerned shall, prior to effecting payment, seek and obtain authorisation of the Bank in Mauritius. As a result, delay may occur before the withdrawal is effected.

11.2       The Cardholder shall also, when using the Card to obtain money, sign a Cash Advance Voucher. Any Cash Advance Voucher bearing the imprint of the Card shall entitle the Bank or financial institution to make the payment aforesaid even if Cash Advance Voucher is unsigned.

12. PAYMENT FOR GOODS AND SERVICES

12.1     The PIN is essential for payment of goods or services.

12.2     Payment shall be evidenced by a Sales Voucher issued by the merchant and duly signed by the Cardholder.

12.3     The Cardholder shall sign a Sales Voucher when using the Card to purchase goods and services.

However failure to do so shall not relieve him from liability for payments effected by the Bank for his account through the use of the Card, and the POS voucher shall entitle the Bank to effect the payment aforesaid, whether or not it is signed by the Cardholder.

12.4     Any claims or disputes between the Cardholder and the supplier of goods or services supplied with the use of the Card shall be deemed to be irrelevant to the Bank‘s claim and right to receive payment from the Cardholder in terms hereof. Under no circumstances shall the Cardholder have a claim against the Bank or the right to refuse payment for any reason whatsoever in the event of a dispute arising between the Cardholder and the supplier of any goods or services acquired with the use of the Card or Card number. However, the Bank shall be entitled and undertakes to provide all necessary information relating to the use of the Card to the Cardholder.

12.5      The Bank shall not be liable for the refusal by any retailer or any bank or financial institution, to accept or honour the Card for whatever reasons. Way for any goods or services supplied to the account holder(s) or cardholder(s) or any other person to whom the goods or services have been supplied.

12.6      Where a merchant becomes liable to make a refund to a Cardholder, the Bank shall credit the Credit Card Account with the amount to be refunded either on receipt of a Credit Voucher issued by the merchant or on receipt of a letter from the merchant requesting such a refund.

13. METHODS OF SETTLEMENT

13.1      The Card shall allow credit facilities to the Cardholder and the credit limit shall be periodically communicated to him on his bank statement.

13.2      The Bank shall send by post to the principal Cardholder, to the address given by him, a monthly statement of all transactions effected. The non-receipt by the Cardholder of the relative monthly statements does not, in any way, discharge the Cardholder from the payments obligation as laid down.

13.3      The debit balance of the Cardholder’s Credit Card Account shall be settled in one of the following ways as selected by the Cardholder:

(i) Payment in full of the amount due, or

(ii) Mandatory minimum payment as shown on the Cardholder’s statement. (iii) Pre-arranged fixed payments and dates

13.4      The Cardholder shall effect the payments in accordance with Bank’s usual procedures. For the Bank’s customers an Automatic Payment Order (APO) shall be established at no cost to the Cardholder and shall be carried out by the Bank subject to the current/savings Account to be debited showing a sufficient available balance on payment due date.

13.5      The Cardholder is allowed a revolving credit, which consists in his credit facility being adjusted by an amount equivalent to each refund effected by him within his overall credit limit. The Cardholder shall, in no circumstances, exceed the authorised credit limit.

13.6      The debit balance of the Cardholder’s Credit Card Account shall be charged with interest at such rate as may from time to time be fixed by the Bank, and computed on the daily debit balance following a fifteen-day grace from the date of his monthly statement. The Cardholder shall be entitled to the fifteen-day grace, provided he settles the full outstanding amount before the end of that period. Any cash advance resulting in a debit balance shall carry interest at the ruling rate as from transaction date. The applicable interest rate shall be displayed in the Bank’s banking halls and on the Bank’s website.

13.7      Payments made to the Cardholder or for his account in pursuance of the present agreement shall be subject to the provisions of Articles 2150-I of the Civil Code relating to the special privilege of the banker.

13.8      Transaction effected in foreign currency shall be converted into Mauritian rupees on the date the transaction is processed, in the following way.

For transaction effected by means of the Bank’s Visa Credit Card, the transaction shall be converted at the international rate applicable on the processing date by VISA Centre in London plus 2.50% OIF (Optional Issuer Fee). The OIF may at any time thereafter be revised by the Bank, irrespective of the date on which the amount is debited to the Cardholder’s account in the books of the Bank.

13.9      The Cardholder must pay the Bank immediately (and in full):

1. any late mandatory minimum payment.
2. Any amount the Cardholder has spent exceeding his credit limit.
3. The amount of any transaction which causes this agreement to terminate. In addition to these sums the Cardholder may incur a penalty charge.

13.10 If Cardholder has not made the mandatory minimum payment by the due date, a late payment fee shall be charged. At the same time, interest on the balance carried forward will still apply.

13.11 All amounts or balance remaining unpaid under this agreement shall become immediately due and demandable to the Cardholder upon the occurrence of the following:

1. The Cardholder committing any breach of the covenants and conditions herein contained, and/or;
2. The death of the Cardholder, and/or;

• An order or judgement has been issued or pronounced / delivered against the Cardholder, whether by default or otherwise.

14. LOSS OR THEFT OF THE CARD

14.1      The Cardholder shall immediately report to the Bank by calling on the hotline (230) 405 4500; any loss or theft of his Card, including any suspected abstraction of the Card even if it were by a member of the Cardholder’s family. Such report shall, on pain of nullity, be confirmed in writing as follows:

1. If the loss, theft, or suspected theft occurs locally, the report should be confirmed in writing on a form, specially provided for this purpose by the Bank, signed by the Cardholder and handed over personally. The Cardholder shall at the time, further produce his National Identity Card or passport.
2. ii. If the loss, theft, or suspected theft occurs abroad, the report should be confirmed in writing to one of the Visa Credit Card Centres. In case no written report has been made, the Cardholder shall report such loss, theft or suspected theft to the Bank in writing, by registered post.

14.2      In case of loss, theft or suspected theft of the Card, the Bank may further require the Cardholder to report same to the Police and to supply to the Bank proof that such report has been made.

14.3      In case of dispute as to the effective time and date of notification of any loss, theft or suspected theft, the time and date of receipt of the written notification at the Bank’s Card Centre shall be conclusive.

14.4      The Bank shall in no way whatsoever, be held liable for any loss, damage resulting from any notification made by phone, telegram, fax or otherwise, which might not emanate from the Cardholder and/or which is not confirmed in writing.

14.5      Report of the loss, theft, suspected theft or abstraction of the Card, shall in no way affect any transaction effected prior thereto or those already settled by the Bank or debited to the Cardholder’s Credit Card Account.

15. LIABILITY OF PRINCIPAL CARDHOLDER

15.1     The Principal Cardholder is responsible for the safekeeping and use of the Card and his PIN. He shall exercise the utmost care to prevent it from being lost, stolen or used by another person.

15.2     The Cardholder’s liability shall last until the written notification of the loss, theft or suspected theft referred to is received at the Bank’s Card Centre.

15.3     In case of fault or negligence by the Cardholder in the safekeeping of his Card or his PIN the Bank shall be entitled to report the matter to the Police and to claim damages, from the Cardholder even though the latter has notified the loss, theft or abstraction.

16. ADDITIONAL CARD

16.1     Following the written request of the Principal Cardholder, the Bank may at its discretion issue an additional Card to the person nominated in such request. The Additional Cardholder shall be supplied with a copy of the Conditions of Use for the time being in force and the Principal Cardholder shall be bound by, and liable for, the use of the Card by the Additional Cardholder in the same way as if he had used it personally. The Principal Cardholder shall be liable to the Bank for all acts and omissions on the part of the Additional Cardholder.

16.2     The Bank shall cancel the additional Card at any time at the written request of the Principal Cardholder. The Principal Cardholder shall duly return back the additional Card to this effect. The time and date of receipt of the written notification at the Bank’s Card Centre shall be conclusive.

17. DURATION OF VALIDITY OF THE CARD

17.1     The Card shall be valid as from the first day of the start date up to the last day of the expiry date borne thereon.

17.2     The Card shall be automatically renewed at its expiry date, unless contrary instructions have been given by the Cardholder to the Bank at least one month prior to the expiry date.

17.3     The Card shall remain the property of the Bank which may in its absolute discretion terminate its validity at any time or refuse to renew it on expiry without having to assign any reason thereof. The Cardholder, in such an eventuality shall stop using the Card from the time such request is made to him and undertakes to return the Card to the Bank at the earliest. Such request shall be addressed to the Cardholder by registered post at his last known address, the postal receipt being evidence of such request. The Cardholder shall be liable to prosecution in case he continues to make use of his Card after such request.

17.4     The closing of the Credit Card Account on which one or more Card/s is/are operated, entails the duty on the part of the Principal Cardholder to return it/them immediately to the Bank. The final settlement of the Credit Card Account shall not be effected until 45 days have elapsed from the date of the closing of the account.

17.5     The Cardholder agrees to indemnify the Bank in respect of any outstanding debit balance on his Credit Card account and shall be liable to prosecution in case of failure to settle the amount due.

17.6     In the event of death or bankruptcy of the Principal Cardholder or breach of any of the conditions of this agreement for the time being in force by the Principal Cardholder, the Bank shall, in addition to any other remedies it may have, take such steps as are necessary to stop any operation by means of the Card/s and to withdraw the Card/s.

18. KEEPING OF DOCUMENTS AND INFORMATION RELATING TO OPERATIONS BY MEANS OF CARDS-TIME LIMIT FOR CLAIMS

18.1     The relevant documents and information referred to, shall be recorded by the Bank for a period not exceeding one year.

18.2     The Cardholder shall inform the Bank as soon as reasonably practicable if he receives a statement of account that includes an item which seems to be wrong. No claim or action whatsoever relating to a transaction shall be entertained after the expiry of 20 days from the date of the statement of account whereon the transaction is borne.

18.3     In case of Cardholder’s complaint the Bank shall follow the rules and regulations set by Visa International in initiating and processing such complaint. Any resulting refund may take up to 180 days before being undertaken.

19. COMMUNICATION OF INFORMATION TO THIRD PARTIES

19.1     The Bank shall be entitled, should it deem necessary, to pass on to any commercial bank, financial institution or merchant, any information relative to the Cardholder in case of improper or fraudulent use of the Card by him, or in order to facilitate the recovery of same in case of loss or theft.

19.2     The Bank may list cancelled Cards in its Warning Bulletin for dissemination to appropriate Credit Card Organizations.

19.3     In conformity with the governing laws and regulations and enacted from time to time, the Bank shall be entitled to pass on to the Central Bank any credit information relative to the Cardholder.

20. COMMUNICATION OF INFORMATION BETWEEN THE CARDHOLDER AND THE BANK

20.1     The Cardholder shall notify the Bank promptly in writing of any changes in employment or in his official residential address or phone numbers or any changes whatsoever in his civil status.

20.2     The Cardholder shall also inform the Bank of any material changes to his personal circumstances that might have an impact on the credit limit assigned to him.

20.3     Any notice or correspondence sent to the Cardholder by post shall be delivered to the latest address provided by the Cardholder to the Bank in writing and shall be deemed to have been received within 48 hours of posting.

21. CHARGES FOR THE SERVICES PROVIDED BY THE CARD

21.1     Charges for the services provided by the Card, the amount whereof shall from time to time be fixed by the Bank, shall be debited annually in advance to the Cardholder’s Credit Card Account and shall not be refundable in the event of the Card being withdrawn or the Account being closed during the year.

21.2     A handling fee, the amount whereof shall from time to time be fixed by the Bank, shall be charged on any local and foreign cash advance.

21.3 A penalty fee, the amount whereof shall from time to time be fixed by the Bank, shall be charged if:

(a) The authorised credit limit is exceeded.

(b) The mandatory minimum payment is not made by the due date.

21.4   A conversion fee, the amount whereof shall from time to time be fixed by the Bank,

shall be levied for international transactions only. Details of all fees and charges applicable on credit cards are available on the Bank’s website or on demand at any MauBank Branch. The Bank may by notice to its customers in any way it deems suitable modify these fees and charges from time to time.

22. DISPUTES

• It is the responsibility of the Cardholder to check his account/s on a regular basis and inform MauBank of any suspicious Transaction as soon as reasonably practicable.
• The Bank shall not be responsible to the Cardholder for any dispute arising between the Cardholder and any merchant/s in respect of goods or services supplied to the Cardholder and for which payment have been settled with the Card. Such disputes shall be settled directly with the merchant/s without the Bank being constituted party thereto.
• No claim or action whatsoever relating to a Transaction shall be entertained beyond 120 days from the date of Transaction.
• Complaints against the merchant should be resolved by the account holder (s) or such person as aforesaid with the Merchant’s Establishment and no claim against the Merchant Establishment will relieve the account holder (s) from any obligation to.

23. SANCTIONS

• Anyimproper or fraudulent use of the Card shall render the Cardholder liable to prosecution.
• Allcosts, fees and expenses that may be incurred by the Bank for the recovery of any sum due as a result of the use of the Card shall be due and payable by the Principal Cardholder. The commission payable to the Bank’s attorneys shall not exceed 10% of the amount recovered as capital and interes
• Inan action before any court for the recovery of any sum due to the Bank in connection with the use of a Card, the documents relating to the transactions effected therewith or certified photocopies thereof shall be conclusive and irrefutable evidence of the said transactions.

24. GENERAL

24.1 The Bank may, without any notice to the Cardholder, refuse any request for authorization of a Transaction in the following cases:

(i) If the Bank has reasonable doubt that such Transaction is fraudulent

(ii) In case the mandatory minimum payment has not been fully settled even though the credit limit has not been exceeded.

(iii) If the Bank has established that the Cardholder may not be able to settle his credit card account.

25. MODIFICATIONS TO CONDITIONS OF THE PRESENT AGREEMENT

25.1 The Bank may at any time, subject to a thirty (30) days’ written notice and publication on the Bank’s website, change any terms of this agreement, including interest rates, fees and other charges, the statement date or introduce new terms. The Cardholder who uses the Card after receiving such notification or does not return the Card to the Bank within 15 days of such notification shall be deemed to have accepted the said changes or amendments and shall be bound thereby.

25.2  If there are sufficient changes on a 12-month period to warrant it, the Bank shall provide to the Cardholder a consolidation of the variations made to the agreement over that period.

26. REWARDS PROGRAMME

26.1 The Bank reserves the right to amend part or whole, or completely withdraw a loyalty programme on its cards at any time within 30 days’ notice, at its sole discretion and without incurring any responsibility or liability for resulting consequences to cardholders or others.

27. RISK MANAGEMENT

27.1 Based on risk related information received (from internal or external sources) the Bank reserves the right to change the Card status including de-activating the Card. The Bank will advise the Cardholder after such action has been taken by the Bank.

28. RIGHT OF SET-OFF

28.1 In addition to any general right of set-off or other rights conferred by law or under any agreement, the Bank may, without notice, combine or consolidate the outstanding balance on the card account with any other account(s) which the Cardholder maintains with the Bank and set-off or transfer any money standing to the credit of such other account(s) in or towards satisfaction of the Cardholder’s liability to the Bank under this agreement.

29. EXPATRIATES WORKING IN MAURITIUS

29.1 The Bank will provide credit card facility on the basis of the expatriates’ employment and residential status in Mauritius. The Bank reserves the right to cancel and claim full repayment of the facility when an expatriate relocates outside Mauritius and/or when contact is lost with him. It is mandatory for an expatriate to have an

account-savings or current with the Bank to be granted a credit card which will be valid only within his work permit duration.

30. LAW AND JURISDICTION

30.1 These Terms and Conditions will be governed by and construed in accordance with the laws of Mauritius.

31. MAIL AND FAX DISCLAIMER

31.1 The undersigned authorises and instructs the bank to act on any Message received either by telephone by facsimile transmission or telex (a message or messages) and or any other mode of communication including telecommunication, internet, e-mail, without limitation as to mode subject to existing terms and conditions of the Bank relative to such Mail and Fax Disclaimer without the need for further verification.

31.2 The undersigned agrees that the use of this service will bind the undersigned legally and make the undersigned responsible to the same extent and effect as if the undersigned had given original signed written instructions to the Bank.

31.3 The undersigned acknowledges that any Message the Bank acts upon will be conclusively deemed to be valid instructions, whether or not authorised by the undersigned or whether or not accurately communicated and received. The Bank's records will be conclusive evidence of the Message.

31.4 The Bank may decline or delay acting on any Message for any reason, for example if the instructions in any Message are not correct, incomplete, ambiguous or cannot be carried out due to insufficient funds or otherwise or the lawfulness of any instruction given in any Message or for any cause or reason not specified herein. In any case, the Bank's records shall be conclusive evidence as regards the nature of such communications and the time at which they were received by the bank.

• Neither the Bank nor its correspondents shall be liable for any loss, damage or prejudice of the undersigned may suffer in any transaction made on the authority of a message sent on behalf of the undersigned.
• The undersigned agrees to pay any fees and/or related cost incurred while providing any services through instructions received by such means and the undersigned authorises the Bank to deduct from any of the undersigned's account such amount payable.
• This agreement may be determined by the Bank or the undersigned at any time by written notice to the other party. The undersigned agrees to all above conditions and that this agreement remains in effect until such time as notice of termination has been given in accordance with this agreement.

32. EFFECT OF THESE TERMS AND CONDITIONS

32.1      Notwithstanding the termination of these Terms and Conditions, all provisions contained herein shall continue to have full force and effect against the Cardholder with respect to any card transactions entered into and liabilities of the cardholder incurred hereunder.

32.2      Each of these terms and conditions shall be severable and distinct from one another and if at any time any one or more of such terms and conditions is or becomes invalid, illegal or unenforceable, the validity, legality or enforceability of the remaining provisions shall not in anyway be affected thereby.

32.3      These Terms and Conditions supersede any similar agreement with the Bank in connection with the issue or use of Card(s), such agreement being hereby cancelled.

32..4      In these Terms and Conditions, clause headings are inserted for convenience only and will not affect the interpretation. The singular includes the plural and the masculine includes the feminine.

33. COMMUNICATION OF INFORMATION TO SERVICE PROVIDER/S

As part of its Contractual Agreement with Service Provider/s the Bank may share the information about you and your credit dealings with the Bank, to the extent allowed by law, with the Service Provider/s. Such information will be treated in strict confidentiality by the Service Provider/s.

Updated August 2023