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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). |
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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; 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, the charging privileges may be suspended. The fee in respect of a returned instrument is currently 2% of cheque amount subject to a minimum of 250/- maximum of 500/- and is subject to change at the discretion of SBICPSL. SBICPSL also reserves the right to initiate any appropriate legal action.
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
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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 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 and SBI Gold & 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 Points |
11.4.1 The Cardholder shall earn 1 (one) Point for every eligible Rs. 50 charged to his/her SBI Doctors Card and SBI Employee Card. The Cardholder shall earn 1 (one) Point for every eligible Rs. 40 charged to his/her SBI Platinum Card for Domestic as well international transactions
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
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 -
- balance transfers
- financial charges (e.g., late payment fee, dishonoured
cheque charges, service fee, transaction charges)
- disputed transactions
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 6 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 six
to eight 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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