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Home > Cardholder Agreement |
Cardholder Agreement |
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Cardholder
Agreement |
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Before you sign or
use the enclosed SBI Card, please read this Agreement,
as your use of the Card will be governed by the terms
and conditions below: |
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| 1. Definitions |
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‘You’ and ‘Your’ shall mean the
applicant whose name appears on the SBI Card application
form and includes his/her heirs and assignees.
‘Additional Cardholder’ shall mean an individual issued
a Card as per your instruction in line with clause 2.6
of this Agreement.
‘Card’ or ‘Credit Card’ or ‘SBI
Card’ shall mean a credit card issued by SBICPSL on a
Card Account and which entitles a Cardholder to use the
Card Account.
‘Cardholder’ is an individual who holds
a Card under this Agreement and shall mean a Primary
Cardholder and, where appropriate the Additional
Cardholder.
‘Card Account’ shall mean an account
opened and maintained by SBICPSL for the purpose of
usage of the Card, under this Agreement.
‘Cash
Advance’ shall mean any transaction whereby cash or cash
equivalent is obtained by the Cardholder by use of the
Card/Card number.
‘Charges’ shall mean all amounts
charged to the Card Account under this Agreement
including but not limited to purchase of goods, services
or cash advances by use of the Card or a Card number,
balance transfers, joining fee, annual fees, interest
charges, finance charges, over limit charges, late
payment charges, collection charges, maintenance charges
transaction charges and service
charges.
‘International transactions’ mean the
transactions entered into by the Cardholder on his/her
Card outside of India, Nepal and Bhutan.
‘Merchant
Establishment‘ shall mean any company, establishment,
firm or person, wherever located and in whatever form
(including the Internet), which is designated as a VISA/
MasterCard merchant and/or with whom there is an
arrangement for a Cardholder to obtain goods, services
or cash advances by use of the Card or Card number and
includes any establishment displaying the VISA/
MASTERCARD symbol which appears on the face of the
Card.
‘Primary Cardholder’ means a Cardholder in
whose name the Card Account is maintained. ‘Purchase
Balance’ shall mean any and all amounts relating to
non-cash transactions owing to SBICPSL.
‘Total
Outstanding’, ‘Outstanding’ or ‘Outstanding Balance’
(capitalised or not, in singular or plural) shall mean
any and all amounts owing to SBICPSL on the Card
Account. ‘SBICPSL’ shall mean SBI Cards & Payment
Services Private Limited having its registered office at
SBI Local Head Office Building, 4th floor, 11,
Parliament Street, New Delhi-110 001, and shall include
its successors and assignees.
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| 2. The Card |
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2.1 You shall be deemed
to have unconditionally agreed to be bound by this
Cardholder Agreement by acknowledging receipt of the
Card in writing or by signing on the reverse of the Card
or by incurring a Charge on the Card. If you do not wish
to be bound by this Agreement then you must cut the Card
in half and return it to SBICPSL
promptly.
2.2 The Card is the property of
SBICPSL and must be surrendered to SBICPSL on request.
The Cardholder must not permit any other person to use
the Card and should safeguard it from misuse by
retaining it under his/her personal control at all
times.
2.3 Each Cardholder may be issued
a personal identification number or a password (PIN) to
enable use of the Card for accessing his/her Card
Account on the ATM and Internet and also for availing
any privilege, benefit or service that may be offered by
SBICPSL on the Card. The PIN will be communicated to the
Cardholder entirely at his/her risk, who shall not
disclose the PIN to any person and shall take all
possible care to avoid its discovery by any
person.
The Cardholder shall be liable for all
transactions made with the use of the PIN, whether with
or without the knowledge of the Cardholder. SBICPSL
reserves the right to refuse any transactions if it
believes that the PIN is being misused or being used
without appropriate
authorisation.
2.4 The Card is valid up
to the last day of the month of the year indicated on
the face of the Card unless cancelled earlier. Upon
expiry or earlier cancellation, the Card may be renewed
or reinstated at the sole discretion of SBICPSL.
On
expiry, the Card must be destroyed by cutting it in half
diagonally.
2.5 A Joining fee at the
prevailing rate will be levied on opening of the Card
Account. An Annual fee at the prevailing rate will be
levied upon opening of the Card Account and then
annually during the month in which the Card Account was
originally opened. An Annual Additional Card fee will
also be levied for each Additional Card on the Card
Account at the prevailing rate. The Joining and Annual
fee(s) are subject to change at the discretion of
SBICPSL and are not
refundable.
2.6 SBICPSL may, based on the
Primary Cardholder's written request, issue Additional
Cards to individuals nominated by the Primary Cardholder
who shall be unconditionally bound by this
Agreement.
2.7 The Primary Cardholder
shall be fully liable to SBICPSL for all the Charges on
his/her Card and also for those incurred by the
Additional Cardholders. The Additional Cardholders shall
be jointly and severally liable to SBICPSL for all the
Charges even though the monthly statement of account may
be sent only to the Primary Cardholder. The Primary
Cardholder may at any time request cancellation of any
Additional Card(s) but will continue to remain liable
for any Charges on such Additional
Card(s). |
| 3. Use of the Card |
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3.1 The Card
is valid for use in India and internationally as per
usage restrictions, entitlements and other conditions
stipulated by Reserve Bank of India (“RBI”) or any other
Government authority from time to
time.
3.2 The Card is not valid for
payment in foreign exchange in Nepal and Bhutan. The
currency of transaction on the Card in Nepal and Bhutan
shall be the local currency or Indian
Rupee.
3.3 The Cardholder (including the
Additional Cardholder) shall strictly comply with all
requirements of the foreign exchange control/management
regulations issued by RBI from time to time and in the
event of non-compliance, the Cardholder will be liable
for action under the applicable exchange control/
management regulations. Moreover, the Cardholder may be
debarred from holding the Card at the instance of RBI or
SBICPSL.
3.4 Use of the Card at Merchant
Establishments will be limited by the credit limit
assigned to each Card Account by SBICPSL from time to
time. In case of Additional Cards issued by SBICPSL, the
extent of use of all Cards so issued will be limited by
the Card Account's credit limit. The Outstanding on the
Card Account must not exceed the credit limit at any
time. In the event of breach of this provision, the
Cardholder will be charged an over limit fee at the
prevailing rate. The Cardholder must repay the excess
immediately. The over limit fee is subject to change at
the discretion of SBICPSL. The credit limit may be
revised from time to time at the discretion of
SBICPSL.
3.5 SBICPSL may, at any time
without prior notice, refuse authorisation for a Charge
incurred at a Merchant Establishment, and/or restrict or
defer the Cardholder's ability to use the Card and/or
suspend or cancel the Card and/or repossess (directly or
through a Merchant Establishment or any other third
party) the Card 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 or likely to be misused or if the Cardholder is in
violation of the exchange control/management regulations
or any other applicable law or
regulation.
3.6 The Card may be used for
personal purposes and for bona fide business
expenses.
3.7 The Cardholder shall ensure
that he/she maintains a detailed record of his/her
transactions on the Internet. SBICPSL is not obliged to
make any independent verification with regard to order
details provided by the Cardholder and shall be entitled
to rely on the details submitted by the Cardholder on
the Internet.
3.8 Some transactions may
attract a service charge, in addition to the amount of
the Charge, at certain Merchant Establishments. SBICPSL
may also levy charges for collection of cheques,
maintenance of the Card Accounts, and for other services
that may be rendered to the Cardholder from time to
time.
3.9 The Cardholder must sign and
collect the Chargeslip, Cash Advance Slip or Mail Order
Coupon at the time of incurring the Charge. Failure to
sign a chargeslip will not avoid liability for the
Charges. The Cardholder must retain his/her own copy of
the chargeslips. Copies of chargeslips will not normally
be provided by SBICPSL. However, at its discretion, and
upon customer request, SBICPSL may provide copies
thereof subject to an additional charge.
3.10 In relation to Charges on account
of mail order or telephone or electronic commerce (e.g.
on the Internet) where a chargeslip or voucher may not
be available for signature, the Cardholder ccepts that
in the event of any dispute regarding the authenticity
or validity of such a Charge, the Cardholder will first
clear his/her Outstanding on the Card and then endeavour
to resolve the dispute directly with the concerned
Merchant Establishment.
3.11 Any
chargeslip or other payment requisition (electronic or
otherwise) received from a Merchant Establishment or any
intermediary by SBICPSL for payment shall be conclusive
proof that the amount recorded on such chargeslip or
other requisition was properly incurred by the use of
the Card by the Cardholder. Should the Cardholder choose
to disagree with a Charge indicated in the monthly
statement of account, the same should be communicated to
SBICPSL within 10 (ten) days of the statement date,
failing which it would be construed that 2 all Charges
and the monthly statement of account are entirely in
order.
3.12 You agree that an electronic
record or printout of an electronic record or a copy
produced from a microfilm or a scanned /digital image of
any document or Charge relating to your Card / Card
Account with SBICPSL or produced from data received by
SBICPSL electronically from the Merchant Establishment
or from you or any intermediary, shall be conclusive
evidence of that document or Charge for any
purpose.
3.13 SBICPSL will not be
responsible if any Merchant Establishment refuses to
accept the Card or is unable to transact on the Card or
levies a surcharge on the Card. However, the Cardholder
should notify SBICPSL of this complaint. SBICPSL is not
responsible or liable for any defect or deficiency in
respect
of goods and services charged to the Card.
Any dispute should be settled directly by the Cardholder
with the Merchant Establishment and failure to do so
will not relieve the Cardholder of any obligations to
SBICPSL. The existence of a claim or dispute shall not
relieve the Cardholder of his/her obligation to pay all
Charges and the Cardholder agrees to pay promptly such
Charges, notwithstanding any dispute or claim
whatsoever. No claim by the Cardholder against a
Merchant Establishment will be the subject of a set-off
or counterclaim against
SBICPSL.
3.14 SBICPSL may, at its sole
discretion, permit from time to time, its Cardholder to
transfer his/her Outstanding balances (“Balance
Transfer/s”) on other credit cards and credit facilities
availed by him / her from other companies and financial
institutions. Balance Transfers will not be accepted
from overdue status accounts or where the credit limit
has been exceeded or which are greater than the
Outstanding balances on such other credit cards and will
be limited to such percentage of the available credit
limit on the Card as may be determined by SBICPSL.
Balance Transfer requests will also not be
accepted
from other SBI card accounts. By choosing to avail of
the Balance Transfer facility, the Cardholder authorizes
SBICPSL to make payments to companies / financial
institutions so designated. SBICPSL, however, reserves
its absolute right to refuse any Balance Transfer
request. The Cardholder must continue to meet his / her
obligations in respect of his / her existing credit
facilities, balances of which are the subject of
Transfer hereunder, until he/she has received a written
intimation from SBICPSL that the Balance Transfer
request has been accepted and payments have been made to
the companies/financial institutions so designated.
SBICPSL will not be liable for any new charges, overdue
payments or interests incurred on other credit
cards/facilities. SBICPSL may, in its discretion,
stipulate additional terms and conditions from time to
time.
3.15 The Cardholder acknowledges
that the privileges, benefits and facilities attached to
the Card may be suspended/withdrawn by SBICPSL at its
discretion at any time without liability to the
Cardholder. Termination of this Cardholder Agreement
shall result automatically in the termination of such
privileges, benefits and facilities. SBICPSL shall not
be liable in any way to the Cardholder for any defect or
deficiency in any privileges, benefits or facilities
provided by third party suppliers or Merchant
Establishments.
3.16 A purchase and a
cancellation of goods/services, e.g. air/rail tickets,
are two separate transactions. The Cardholder must pay
for the purchase transaction as it appears on the
statement to avoid incurring finance charges or fees.
Credit of refund on account of cancellation will be made
to the Card Account (less cancellation charges) only
when received from the Merchant Establishment. No cash
refund will be given to the Cardholder. If a credit is
not posted to the Card Account within a reasonable time,
the Cardholder must notify SBICPSL within 30 (thirty)
days of cancellation.
3.17 The onus of
complying with the foreign exchange control / management
regulations, baggage rules, EXIM Policy and other
applicable laws, as amended from time to time, is solely
that of the Cardholder and the Cardholder and shall
indemnify and hold harmless SBICPSL from any
consequence, loss, damage, expense or any other
financial charge that SBICPSL may incur and/or suffer on
account of the Cardholder’s contravention of any
applicable law and regulation. Non-compliance with the
regulations shall not be a ground for the Cardholder to
delay or refuse the amounts payable to SBICPSL. In case
the Card is suspended/cancelled, whether on account of
non-compliance with exchange control/management
regulations or otherwise, SBICPSL will not be
responsible for any attempted usage of the Card, whether
in India or abroad, resulting in the Card being
dishonoured and the concerned Merchant Establishment
would be entitled to pick up the Card on
presentation. |
| 4. Cash
Advances |
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The Cardholder may be permitted to
obtain a Cash Advance from designated branches of State
Bank of India, Automated Teller Machines (ATMs) and/or
other permitted establishments subject to applicable
terms and requirements imposed by SBICPSL from time to
time. A minimum and/or maximum amount of Cash Advance
that can be accessed on the Card in a single charge or
in a single business day may be specified by SBICPSL
periodically. The total amount that will be available
for cash withdrawal at any point in time will be
governed by cash limits set up periodically which will
be disclosed to the Cardholder in the monthly statement
of account. A cash advance fee will be levied on each
such Charge and will be billed to the Cardholder. |
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| 5. Insurance Benefits |
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5.1 Insurance is optional
and a subject matter of solicitation. In the event any
insurance cover or benefit of any insurance cover is
made available to the Cardholder by an insurance company
at the request of SBICPSL, the Cardholder specifically
acknowledges that SBICPSL will not be liable in any
manner whatsoever and that the insurance company will be
solely liable for all claims thereunder. The Cardholder
shall not hold SBICPSL responsible for any matter
arising out of or in connection with such insurance
cover, whether for or in respect of any deficiency or
defect in such insurance cover. Recovery or payment of
compensation, processing or settlement of claims or any
other matter in relation to the insurance cover shall be
addressed to and resolved directly by the Cardholder
with the insurance company.
5.2 The
Cardholder further acknowledges that the insurance cover
so provided will be available to the Cardholder only as
per the terms of the relevant insurance policy in force
and only so long as the Card Account is maintained in
good standing. On the Card being suspended or cancelled
for whatever reason, the benefit of such insurance cover
shall automatically and ipso facto cease to be available
from the date of suspension/cancellation of the Card
Account..
5.3 The Cardholder hereby
authorizes SBICPSL to require the insurance company to
settle any Outstanding on his/her Card Account before
payment of any compensation or claim to his/her heirs,
nominees, beneficiaries, etc., under the insurance
policy. |
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| 6. Billing & Settlement |
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6.1 The monthly
statements of account shall be sent to the Cardholder by
mail unless the Cardholder specifically opts for such
statements to be sent
by e-mail, in which case they
shall be sent at the e-mail address specified by him/her
in the application or by a separate intimation.
Additionally, the
Cardholder may also access his/her
Card Account on the Internet, as and when so enabled by
SBICPSL, at its website by using his/her PIN to check
his/her statement of account. If the Cardholder
experiences any difficulty in accessing the
electronically delivered statement of account, he/she
shall promptly inform SBICPSL. The Cardholder agrees to
access his/her aforesaid e-mail account at regular
intervals of time. The Cardholder will not hold SBICPSL
responsible for his/her not having access, for any
reason whatsoever, to the information and statements of
account sent to him/her via e-mail. Failure on the part
of the Cardholder to receive the statement of account
electronically (by e-mail or through access to the Card
Account on the Internet) will not avoid his/her
liability for the Charges incurred on the Card and the
Cardholder shall be liable to make payment for the
Charges within 30 days of incurring the Charge on the
basis of his/her own record of the transaction or
earlier if requested by
SBICPSL.
6.2 SBICPSL will debit the Card
Account for all the Charges incurred by use of the Card
and provided for in the Agreement . Charges in respect
of International Transactions incurred in foreign
currency will be segregated from the Indian Rupee
transactions in the statement of account. All Charges
(including those in respect of International
Transactions) shall be billed in Indian Rupees. The
Cardholder agrees and hereby authorises SBICPSL to
convert Charges in respect of International Transactions
incurred in foreign currency to Indian Rupees at the
applicable foreign exchange rates plus any service
charges. SBICPSL will credit the Card Account for all
payments made by the Cardholder to SBICPSL and also for
any credit received from the Merchant Establishments in
favour of the Cardholder. When the Card Account has a
debit(s) or a credit(s) to be applied over a statement
period as determined by SBICPSL from time to time,
SBICPSL will send a monthly statement of account to the
Cardholder reflecting such debit(s)/credit(s). The
Cardholder's obligations and liabilities under this
Agreement will not be affected in any way by non-receipt
of the monthly statement of account and the Cardholder
shall be liable to settle the Outstanding balance on the
Card in due time on the basis of his/her chargeslip,
noting, record or any other evidence (electronic or
otherwise) of the Charge.
6.3 The monthly
statement of account will set out, inter alia, the
Outstanding balance on the Card Account, minimum payment
required to be made and the due date for payment. The
minimum payment due from the Cardholder each month will
consist of (a) the monthly payment - this amount is
payable by the due date shown on the relevant monthly
statement of account and will be 5% of the Outstanding
balance on the Card Account or Rs. 200 whichever is
higher (refer Tariff of Charges) and (b) any overdue
amount and any over limit amount - these amounts are
payable immediately,(c) Governtment Service Tax (GST);
or if the Outstanding balance is less than Rs. 200/-,
the minimum amount payable will be equal to the
Outstanding balance on the Card
Account.
6.4 (a) Unless
the interest-free period applies as set out below,
SBICPSL will levy a finance charge on any new purchase
(and any related debited charge) from the day on which
it is debited to the Card Account. The interest-free
period fora purchase (and any related debited charge) in
any statement period will apply if the Outstanding
balance on the Card Account for the previous statement
period (if any) is paid in full by its due date. If the
Outstanding balance on the Card Account is not paid in
full by its due date, a finance charge will be levied on
any new purchase (and any related debited charge) from
the day on which the purchase (and any related debited
charge) is debited to the Card Account and on the
Outstanding account balance on the Card Account from the
first day of the last statement period. SBICPSL will
charge interest on a Cash Advance from the day on which
the Cash Advance is debited to the Card
Account.
(b) SBICPSL
will ordinarily levy a finance charge on the Purchase
Balance Outstanding on the Card Account on a daily basis
by applying its current daily percentage rate to the
amount of the Purchase Balance Outstanding at the end of
each day. SBICPSL will levy a finance charge on Cash
Advance balances on a daily basis by applying its
current daily percentage rate to the amount of the Cash
Advance balance at the end of each
day.
(c) The
finance charge 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.
(d) SBICPSL
may at any time, under intimation to the Cardholder,
vary the finance charge to take into account prevailing
interest rates, market forces and credit and business
risks.
(e) No
interest will be paid on any credit balances in the Card
Account.
6.5 (a) The
Cardholder must make payment to SBICPSL each month of at
least the minimum amount due as described in clause 6.3
hereinbefore.
(b)
Punctual payment is essential and it is a condition of
this Agreement that all payments must reach SBICPSL on
or before the payment due date indicated in the monthly
statement of account but not later than 30 days from the
date of incurring the Charge in any case.
(c) If
the minimum amount due is not paid by the payment due
date, a late payment fee will be debited to the Card
Account.
(d)
Payments will be applied towards the Charges on the Card
Account in the following order:
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(i) |
In repayment of unpaid
fees; |
(ii) |
In repayment of service
charges; |
(iii) |
In repayment of membership
fee (Joining/Annual); |
(iv) |
In repayment of late payment
fee; |
(V) |
In repayment of cheque
dishonoured fee; |
(vi) |
In repayment of collection
expenses; |
(vii) |
In repayment of over limit
fee; |
(viii) |
In repayment of interest debited
to the Card Account; |
(ix) |
In repayment of
Charges; |
(x) |
In repayment of any Charges
incurred but not yet billed; |
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and thereafter at the
discretion of
SBICPSL. |
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(e)
All payments made by cheque/draft are subject to
realisation. Outstation cheques/drafts are subject to a
collection charge at the prevailing rate, which is
subject to change at the discretion of SBICPSL.
(f) Should
any payment instrument be subsequently dishonoured, a
fee will be charged in respect of a dishonoured
instrument. SBICPSL also reserves the right to initiate
all appropriate legal action(s). Please refer to MITC
for the exact fees for cheque dishonour fee and other
related charges.
6.6 Duplicate
monthly statements of account will be provided by
SBICPSL to the Cardholder only for a period of six
months preceding the Cardholder's request and would be
subject to a service charge
6.7 The
Cardholder will be liable for all Charges incurred and
all other obligations under the terms and conditions of
this Cardholder Agreement until the Card Account is
repaid in full. |
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| 7.
Lost or Stolen Cards |
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7.1 In the event the
Card, Card number or the PIN is lost, stolen or misused
by another person, the Cardholder must report the
occurrence to SBICPSL. Although loss, theft or misuse
may be reported by any means, the Cardholder must
confirm to SBICPSL in writing immediately after
reporting the loss/theft/misuse to the police. A copy of
the police complaint/First Information Report (FIR) must
accompany the written
confirmation.
7.2 If the
Cardholder loses his/her Card overseas, he/she may
either report the occurrence to SBICPSL or report the
loss through the VISA/ MASTERCARD Global Emergency
Assistance Services. In case the Cardholder uses the
VISA/ MASTERCARD Global Emergency Assistance Services
then the charges would be applicable as provided in the
cardholder guide.
7.3 The
Cardholder will be fully liable for all the Charges on
the Card in the event that it is lost, stolen or misused
but not reported in writing as above to SBICPSL and the
Cardholder hereby indemnifies SBICPSL fully against any
liability (civil or criminal), loss, cost, expenses or
damages that may arise due to loss, theft or misuse of
the Card. In the event the transactions are received by
SBICPSL after the Card has been reported telephonically
lost, stolen or misused but before the receipt of the
Cardholder's written confirmation, the Cardholder shall
continue to be fully liable for all amounts debited to
the Card Account.
7.4 The
Cardholder will not be liable for transactions made on
the Card after receipt by SBICPSL of the written notice
of the loss/theft/misuse.
7.5 On
the loss of the Card, SBICPSL may at its sole discretion
issue a replacement Card at a fee. In the event the
Cardholder subsequently recovers the Card, the recovered
Card must not be used and must be cut in half diagonally
and returned immediately to SBICPSL and adequate care
taken to prevent its misuse.
7.6
The Cardholder is responsible for the security of the
Card, Card number and the PIN and shall take all steps
towards ensuring the safekeeping thereof. In the event
SBICPSL determines that the aforementioned steps are
questionable (on account of the Cardholder's negligence,
malafides, etc.), financial liability on account of the
lost, stolen or misused Card/Card number/PIN shall be
borne by the Cardholder and could result in cancellation
of the Card Account. |
| 8.
Termination |
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8.1 The privileges of
the Card may be suspended and the Card cancelled by
SBICPSL, either temporarily or permanently, at any time
as provided in clause 3 hereinbefore in its absolute
discretion and without giving notice thereof to the
Cardholder or assigning any reason therefore. SBICPSL
may list the cancelled Cards in a Cancellation
Bulletin/Alert/Hot List, etc. or otherwise inform the
Merchant Establishments that the Card(s) issued on the
Card Account have been cancelled. The Cardholder shall
agree to surrender the Card to SBICPSL or its
representative or a Merchant Establishment, upon being
requested to do so either by SBICPSL or its
representative or by a Merchant Establishment. The
Cardholder must not use the Card after it has expired or
has been suspended or cancelled and shall continue to be
fully liable for the Charges incurred after its
expiry/suspension/cancellation.
8.2 The Cardholder can close
his/her Card Account at any time by terminating this
Agreement by a written notice to SBICPSL accompanied by
the return of the Card cut in half diagonally and with
full settlement of all Outstanding on the Card
Account.
8.3 Upon termination of
this Cardholder Agreement for any reason whatsoever,
whether at the instance of the Cardholder or SBICPSL,
the Cardholder shall remain liable for all Charges
incurred by the use of the Card and all
amounts/Outstanding shall be due and immediately
payable.
8.4 The Cardholder
specifically acknowledges that once the Card Account is
closed and privileges (including any benefits and
services) of the Card stand withdrawn, reinstatement of
the same is neither automatic, nor attendant and will
take place solely at the discretion of SBICPSL. The
Cardholder also acknowledges that the aforementioned
takes precedence over any communication in this context
that the Cardholder might receive during the normal
course.
8.5 The Card Account is
liable to be suspended / cancelled on instruction from
any government / regulatory body. All amounts
Outstanding on the Card Account shall be deemed to have
immediately become due on such instructions from
government/ regulatory bodies as the case may be and
SBICPSL shall be entitle to recover the same in
accordance with the relevant laws in force. |
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| 9.
Miscellaneous |
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9.1 SBICPSL, at its
sole discretion, can appoint agents for recovery of any
Outstanding on the Card or initiate any other action
allowed by law for recovery of all monies owing to
SBICPSL.
9.2 The Cardholder shall
be liable for all costs associated with the collection
of dues, legal expenses and decretal amounts with
interest, should it become necessary to refer the matter
to any agent or where legal recourse for enforcement of
payment has been taken.
9.3 The
Cardholder expressly recognizes and accepts that SBICPSL
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 SBICPSL may decide (including
reserving a right to SBICPSL to proceed against the
Cardholder on behalf of any purchaser, assignee or
transferee) the Outstanding and dues of a Cardholder to
any third party of SBICPSL’s choice without reference to
or without written intimation by SBICPSL to the
Cardholder and any such sale, assignment or transfer
shall bind the Cardholder to accept such third party as
a creditor exclusively or as a joint creditor with
SBICPSL, but with the right to SBICPSL 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 SBICPSL may
decide. Any costs incurred by SBICPSL towards
enforcement of its rights and recovery of Outstanding
and dues shall be debited to the account of the
Cardholder.
9.4 Where SBICPSL
acts on good faith in response to any oral or electronic
instruction or inquiry by the Cardholder in respect of
any matter in relation to the Card, the Cardholder 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 SBICPSL and
the Cardholder agrees to hold SBICPSL harmless in
respect thereof.
9.5 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 SBICPSL on bankruptcy or death of the
Primary Cardholder and the Card Account shall
immediately stand cancelled. The Primary Cardholder's
estate will be responsible for settling any Outstanding
on the Card Account and should keep SBICPSL indemnified
against all costs including legal fees and expenses
incurred in recovering such Outstanding. Pending such
repayment, SBICPSL will be entitled to continue to levy
finance charges at its prevailing
rate.
9.6 The Cardholder hereby
authorizes SBICPSL or its representatives to contact
his/her employer, banker or any other source to obtain
and/ or verify any information or otherwise that may be
required
9.7 SBICPSL reserves the
right to add to or change these terms and conditions and
revise policies, benefits and features offered on the
Card at any time, without limitation to changes which
affect existing balances, finance charges or rates and
methods of calculation. The Cardholder will be notified
of any such changes. By keeping or using the Card after
notification, the Cardholder is deemed to have agreed to
the amendment/change. If the Cardholder does not agree
with any amendment of the terms and conditions or any
other change related to the Card or benefit made
available on the Card, he/she may cancel the Card by
cutting it in half diagonally and returning both halves
to SBICPSL.
9.8 If required by law
to do so or if considered necessary to do so for proper
management of credit or business risk, SBICPSL reserves
the right to disclose any and all Cardholder
information, including default in any payments, to any
court of competent jurisdiction, quasi judicial
authority, law enforcement agency, relevant wing of the
Central Government or State Government, Cardholder’s
employer, State Bank of India, any other card issuer,
credit reference agency, financial institution or any
company which is an affiliate or associate or parent or
subsidiary of SBICPSL. The Cardholder acknowledges that
information on usage of credit facilities by customers
are also exchanged amongst banks and financial
institutions which provide credit facilities and the
Card may be cancelled on receipt of any adverse market
information in relation to the Cardholder without any
liability on SBICPSL to disclose any details
thereof
to the
Cardholder.
9.9 The Cardholder
authorises disclosure of his/her Card Account
information by SBICPSL to any third party engaged to
provide any service in connection with operation of the
Card Account and/or marketing of various services. The
Cardholder agrees to SBICPSL sending, from time to time,
marketing offers and/or promotional mailers to him/her
at his/her postal or e-mail address, unless he/she has
specifically opted not to so receive, in which event
SBICPSL will be entitled reasonable time to stop sending
such offers.
9.10 The Cardholder
hereby agrees that the Card application and copies of
all documents submitted in support thereof and for the
ongoing operation of the Card Account by the Cardholder
to SBICPSL are and shall remain the sole and exclusive
property of SBICPSL, and SBICPSL shall not be obliged to
return the same to the Cardholder upon his/her request
or upon termination of this Agreement.
9.11 In the event that the
Cardholder delays or is unable to settle the Outstanding
on the Card in terms of this Agreement, SBICPSL is
hereby authorised by the Cardholder to set-off and
adjust any such Outstanding against any amount that may
be payable by SBICPSL, in any capacity, to the
Cardholder on any account
whatsoever.
9.12 The Cardholder
agrees that SBICPSL may send him/her reminders from time to time for settlement of any
Outstanding on his/her Card Account by post, fax,
telephone, e-mail, cellular phone , SMS messaging and./
or engage third parties to remind, follow up and
collect his/her Outstandings on the Card
Account.
9.13 The Cardholder agrees
to comply with all applicable laws and regulations from
time to time which govern or may be affected by the use
of the Card.
9.14 The forbearance,
delay or failure on the part of SBICPSL to exercise any
right under this Agreement shall not operate as waiver
of such a right nor preclude any further exercise of
that right.
9.15 Without in any
way limiting the above, SBICPSL shall not be liable or
responsible to the Cardholder for any loss, damage,
expense, claim or liability
arising directly or
indirectly out of : |
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| (a) |
any defect or deficiency in any
goods and services purchased on the Card or
availed as a benefit, privilege or facility
attached to the Card; |
| (b) |
refusal by or inability of a
Merchant Establishment to honour or accept the
Card; |
| (c) |
refusal by or inability of a
Merchant Establishment to honour or accept the
Card; |
| (d) |
handing over of the Card by the
Cardholder to any unauthorised person; |
(e) |
any statement made by any person
requesting return of the Card or any act performed
by any person in conjunction therewith; |
(f) |
any injury to the credit,
character and reputation of the Cardholder alleged
to have been caused by the repossession of the
Card and/or request for its return; |
(g) |
SBICPSL complying with any request
made by the Additional Cardholder in relation to
the Card Account; |
(h) |
the exercise of any right by
SBICPSL seeking surrender the Card prior to the
expiry of the date mentioned on the face of the
Card whether such demand and surrender is made and
/or asked by SBICPSL or any person or Terminal
Device; |
(i) |
exercise of SBICPSL’s right to
terminate any Card; |
(j) |
decline of any charge by SBICPSL
because of the Cardholder exceeding his/her
foreign exchange entitlements or usage
restrictions as prescribed by RBI guidelines
issued from time to time; and |
| (k) |
if any demand or claim for
settlement of Outstanding dues from the Cardholder
is made by SBICPSL or any other person for and on
behalf of SBICPSL, the Cardholder acknowledges
that such an act shall not amount to an act of
defamation or an act prejudicial to or reflecting
upon the character of the Cardholder in any
manner. |
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9.16 The Cardholder
is aware of all security risks, including possible third
party interception of any of his/her transactions and
statements of account on the Internet and the contents
of his/her transactions or statements of account
becoming known to third parties. The Cardholder agrees
and undertakes that he/she shall not hold SBICPSL liable
therefor in any way. The use and storage of any
information, including without limitation, the Card
number, PIN, password, account information, transaction
activity, account balances and any other information
available on the Cardholder’s Internet access device or
computer is at his/her own risk and responsibility.
9.17 Any notice given by SBICPSL
hereunder will be deemed to have been
received by the
Cardholder within 7 days of posting to the Cardholder's
address last notified in writing to SBICPSL or, where
specifically requested, within 24 hours of sending the
same via e-mail at the e-mail address specified by
him/her. Any notice may also be sent by fax or
communicated verbally and confirmed in writing by post
or fax. SBICPSL shall not be held accountable for delays
in receipt of notices by post. In the event of any
change in the Cardholder's e-mail and/or employment
and/or office and/or residential address and/or
telephone numbers, the Cardholder shall inform SBICPSL
promptly in writing or by e-mail and must confirm the
same by mail or fax. |
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| 10.
Governing Law and Arbitration |
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10.1 The Cardholder
Agreement shall be governed by the laws of India and the
courts of Delhi.
10.2 Any dispute,
difference and/ or claims arising out of in connection
with or in relation to this Agreement, shall be settled
by arbitration in accordance with theprovisions of the
Arbitration and Conciliation Act, 1996 and any
subsequent statutory amendment, if any, to the Act , by
a sole arbitrator, whose appointment shall be made at
the instance and discretion of the SBICPSL. The
arbitrator appointed shall be competent to decide
whether any matter or dispute or difference referred to
the arbitrator falls within the purview of arbitration
as provided for in this clause and/or should be decided
under the Arbitration and Conciliation Act,
1996.
10.3 Any arbitration award
granted shall be final and binding on the Parties. The
venue and seat of the Arbitral Tribunal shall be at New
Delhi.
10.4 This Clause 10 shall
survive termination of the Cardholder Agreement. |
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| 11. Rewards Program |
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| 11.1 The Program |
The SBI Card Rewards Program (“the Program”) allows eligible SBI Cardholders (“Cardholder/s”) to accumulate points (“Points”) from spending on their SBI Cards, as determined by SBI Cards & Payment Services Private Limited (“SBICPSL”) from time to time. Points accumulated on such SBI Cards can be exchanged for a wide variety of rewards. |
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| 11.2 Eligibility |
(a) The Program is open to holders of SBI PlatinumCard, SBI Gold & More Card, SBI Doctors Card and SBI Employee Card (“SBI Card/s”) whose accounts are valid and in good standing and any other Card so determined by SBICPSL.This Program is not open to SBI Silver & More Card.
(b) The Points earned by an Additional Cardholder will accrue to the account of the Primary Cardholder. |
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| 11.3 Enrolment |
(a) Participation in the Program is voluntary.
(b) The Cardholder may opt out of the Program by sending an intimation (telephonic or written) to SBICPSL.
(c) The Cardholder may continue to use his/her SBI Card as he/she normally does.
(d) The Annual Fee for participation in the Program may be as determined by SBICPSL from time to time.
(e) Enrolment Date - shall mean the date of launch of the Program for the existing Cardholders and the account set up date by SBICPSL for the new Cardholders
(f) Enrolment Year - shall mean “any twelve-month period” commencing on the Enrolment Date. |
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| 11.4 Reward Points |
11.4.1 The Cardholder shall earn 1 (one) Point for every eligible Rs. 100 charged to his/her SBI Doctors Card and SBI Employee Card. The Cardholder shall earn 1 (one) Point for every eligible Rs. 50 charged to his/her SBI Platinum Card . The Cardholder shall earn 1 (one) Point for every eligible Rs. 75 charged to his/her SBI Gold & More Card
11.4.2 (a) For SBI Doctors Card and SBI Employee Card All spending charged to the SBI Card under the Program will be eligible to earn Points except the following -
- balance transfers
- cash advances
- financial charges (e.g., late payment fee, dishonoured cheque charges, service fee, transaction charges)
- disputed transactions
- any purchases at petrol pumps/ service stations
- Encash
- Dial-a-Draft
11.4.2 (b) For SBI Platinum Card All spending charged to the SBI Card under the Program will be eligible to earn Points except the following -
- cash advances
- international transactions
- balance transfers
- financial charges (e.g., late payment fee, dishonoured cheque charges, service fee, transaction charges)
- disputed transactions
-any purchases at petrol pumps/ service stations ( w.e.f 7th August 2009)
- Encash
- Dial-a-Draft
11.4.2 (c) For SBI Gold & More Card All spending charged to the SBI Card under the Program will be eligible to earn Points except the following -
- cash advances
- balance transfers
- financial charges (e.g., late payment fee, dishonoured cheque charges, service fee, transaction charges)
- disputed transactions
- Encash
- Dial-a-Draft
- any purchases at petrol pumps/service stations
- transactions on the departmental stores and groceries MCCs i.e 5309, 5310, 5311, 5411, 5422, 5451, 5300, 5441
11.4.3 A Cardholder cannot accrue Points for any charge incurred prior to his/her Enrolment Date.
11.4.4 Points accumulated by a Cardholder on an SBI Card cannot be combined or used in conjunction with Points of his/her other SBI Cards at the time of redemption or transferred to any other customer loyalty program unless otherwise notified by SBICPSL.
11.4.5 The Points do not constitute property of the Cardholder and are not transferable by operation of law or otherwise to any other person or entity.
11.4.6 The Points accrued do not have cash or any monetary value.
11.4.7 Adjustments will be made to the Points if there are any credits, including those arising from returned goods or services or billing disputes. If a disputed transaction is resolved in favour of the Cardholder or where a transaction is reversed, proportionate Points will also be reversed and credited to the Cardholder. On redemption, the Points would automatically be subtracted from the Points accumulated in the Cardholder's account.
11.4.8 Points accumulated that are not redeemed by the Cardholder for rewards within 12 months of his / her Enrolment Date can be carried over for another Enrolment Year. Any Points not used by the end of second such year after Enrolment shall lapse and be forfeited.
11.4.9 SBICPSL will notify the Primary Cardholder in the monthly statement of account in respect of the SBI Card of the number of Points accumulated immediately preceding the closing date for the said monthly statement.
11.4.10In the event the SBI Card is voluntarily closed by the Cardholder, the Points accumulated on his/her SBI Card can be redeemed within 2 months of closure, otherwise these will automatically lapse. In the event of cancellation of the SBI Card for any other reason, all the Points accumulated will stand forfeited. If the SBI Card is blocked or suspended by SBICPSL for any reason whatsoever, then the Points accumulated shall stand forfeited but may be reinstated at the discretion of SBICPSL if use of SBI Card is reinstated.
11.4.11 SBICPSL's decision on computation of Points will be final, conclusive and binding on the Cardholder. |
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| 11.5 Redemption |
11.5.1The SBI Card must not be overdue, suspended, blocked, cancelled or terminated by SBICPSL at the time of the redemption request.
11.5.2 The Points accrued can only be redeemed by the Primary Cardholder, and not by an Additional Cardholder.
11.5.3The Points may be redeemed at participating merchant establishments for a variety of rewards, as detailed in the Program catalogue and other mailers issued by SBICPSL from time to time, e.g., merchandise, shopping, dining, travel, entertainment, fee waivers, financial services, credit card upgrades. The Points cannot be exchanged for cash or credit or used to obtain cash advances, or used against payment for any charges incurred on the SBI Card.
11.5.4The Cardholder will have to fill in a redemption request form and mail it to SBICPSL or call the nearest SBI Card Customer Service Centre. The Cardholder can also access the website www.sbicard.com for his / her redemption request.
11.5.5SBICPSL will mail a redemption certificate / voucher to the Cardholder approximately three to four weeks' after receiving the redemption request from the Cardholder.
11.5.6SBICPSL is not liable for any delay or loss in delivery of the redemption certificates / vouchers or rewards.
11.5.7Redeemed rewards are not exchangeable for other rewards, or refundable, replaceable, or transferable for cash or credit under any circumstances, nor can these be re-converted back to Points. Once exchanged for another partner loyalty program, if any, Points cannot be transferred back.
11.5.8All rewards are subject to availability and certain restrictions may apply. The redemption procedure and the additional terms and conditions for each reward are set forth in the redemption certificates/vouchers issued to the Cardholder.
11.5.9 Any additional meals, transportation, accommodation arrangements, courier or other costs incurred in connection with redemption of any reward will be the sole responsibility of the Cardholder.
11.5.10 Issuance of a redemption certificate for dining, travel or hotel accommodation does not constitute a reservation. The Cardholder is responsible for making all reservations and notifying the participating merchant establishments of the reward(s) he/she is going to redeem.
11.5.11Other SBI benefits which are activated by use of the SBI Card do not apply to goods or services received as rewards under the Program. |
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| 11.6 General |
11.6.1 Fraud and abuse relating to earning and redemption of Points in the Program will result in forfeiture of the Points as well as termination of the SBI Card account.
11.6.2 Information supplied by a Cardholder on redemption of rewards may be used by SBICPSL or its merchant establishments for administrative and/or marketing purposes.
11.6.3 Any taxes or other liabilities or charges payable to the Government or any other authority or body or any other participating merchant establishment which may arise or accrue to a Cardholder by redemption as aforesaid or otherwise as result of the Program shall be to the sole account of the Cardholder.
11.6.4SBICPSL reserves the right to cancel, change or substitute the rewards or reward conditions or the computation of Points or terms and conditions of the Program at any time. SBICPSL can suspend or terminate the Program at any time it deems necessary. In such a case, SBICPSL will intimate the Cardholders and give them an option to redeem the accumulated Points.
11.6.5SBICPSL makes no warranties or representations, either expressed or implied, with regard to the type, quality or fitness of the goods and services provided by the participating merchant establishments under the Program. Merchandise, where applicable, will be accompanied by warranty information from the manufacturer and any claims must be directed solely to the manufacturer.
11.6.6Any dispute concerning goods or services received as rewards under the Program shall be settled between the Cardholder and the participating merchant establishment which supplied the goods or services. SBICPSL will bear no responsibility for resolving such disputes or for the dispute itself.
11.6.7The Program does not in any way amend the Cardholder Agreement between SBICPSL and the Cardholder, and any term referenced but not defined herein may be interpreted in accordance with the Cardholder Agreement.
11.6.8SBICPSL acts in good faith in response to any oral or electronic instruction or inquiry by the Cardholder in respect of any matter in relation to this Program and fulfillment of any reward, the Cardholder 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 SBICPSL and the Cardholder shall indemnify and hold SBICPSL harmless in respect thereof.
11.6.9 All queries in relation to the Program may be addressed to -
The Manager - Customer Services
SBI Cards & Payment Services Private Limited
P.O.Bag 28-GPO, New Delhi - 110 001. |
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