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Terms & Conditions apply - Alliance Bank Malaysia Berhad

Terms & Conditions apply - Alliance Bank Malaysia Berhad

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ALLIANCE DEBIT MASTERCARD® AGREEMENT<br />

IMPORTANT NOTICE<br />

Before you acknowledge receipt and/or use the DEBIT MASTERCARD® issued by<br />

<strong>Alliance</strong> <strong>Bank</strong> <strong>Malaysia</strong> <strong>Berhad</strong>, please read the <strong>Terms</strong> and <strong>Conditions</strong> contained below<br />

carefully.<br />

You shall be deemed to have accepted and agreed to be bound by the <strong>Terms</strong> and<br />

<strong>Conditions</strong> contained below upon your signing on the DEBIT MASTERCARD® or use of<br />

the DEBIT MASTERCARD®.<br />

The records and entries appearing on your monthly statement of account (“Statement of<br />

Account”) shall be deemed to be correct and binding on you unless written notice to the<br />

contrary shall have been received by <strong>Alliance</strong> <strong>Bank</strong> <strong>Malaysia</strong> <strong>Berhad</strong>, Card and Payment<br />

Services Division within fourteen (14) days from the statement date as stated in the<br />

Statement of Account. In the absence of such notification from you, the Statement of<br />

Account shall be deemed conclusive of your confirmation and acceptance of the<br />

transactions.<br />

1. TERMS AND CONDITIONS<br />

The issuance of the DEBIT MASTERCARD® by <strong>Alliance</strong> <strong>Bank</strong> <strong>Malaysia</strong> <strong>Berhad</strong><br />

(88103-W) (hereinafter called “the <strong>Bank</strong>”) to the Cardmember, the acknowledgement<br />

of receipt as evidenced by the Acknowledgement of Receipt and/or use of the DEBIT<br />

MASTERCARD® by the Cardmember shall be subject to the <strong>Terms</strong> and <strong>Conditions</strong><br />

contained herein.<br />

2. DEFINITIONS<br />

In this Agreement, unless the context otherwise requires:<br />

2.1 “Acknowledgement of Receipt” shall mean any signed document or<br />

acknowledgement slip acceptable to the <strong>Bank</strong> for the purpose of<br />

acknowledging receipt of the DEBIT MASTERCARD®;<br />

2.2 “Agreement” shall mean the terms and conditions governing the issuance to<br />

and the use of the DEBIT MASTERCARD® by the Cardmember as set out in<br />

this ALLIANCE DEBIT MASTERCARD® Agreement;<br />

2.3 “ATM” shall mean an electronic terminal or device belonging to the <strong>Bank</strong> or<br />

any other banks or financial institutions or any other third party whether in<br />

<strong>Malaysia</strong> or elsewhere which accepts PIN for transactions;<br />

2.4 “Authorised Cash Outlet” shall mean any branch, office and/or location<br />

designated by the <strong>Bank</strong> or any member institution of MasterCard®<br />

International to effect cash withdrawals through the use of the DEBIT<br />

MASTERCARD®.<br />

2.5 “Authorised Merchant” shall mean any retail or other person, firm or<br />

corporation, whether local or international, which pursuant to an Agreement<br />

entered into between the aforementioned person(s) and the <strong>Bank</strong> or a member<br />

institution of MasterCard International, agrees to accept or cause its outlets to<br />

accept DEBIT MASTERCARD® as payment for goods and/or services when<br />

properly presented;


2.6 “The <strong>Bank</strong>” shall mean <strong>Alliance</strong> <strong>Bank</strong> <strong>Malaysia</strong> <strong>Berhad</strong> (88103-W), Card and<br />

Payment Services, 2nd Floor, Menara Multi-Purpose, Capital Square, 8, Jalan<br />

Munshi Abdullah, 50100 Kuala Lumpur, <strong>Malaysia</strong>;<br />

2.7 “Business Day” shall mean a day on which banks are open for normal banking<br />

business in <strong>Malaysia</strong>, as the case may be, for business of the nature required<br />

under the terms and conditions herein;<br />

2.8 “Card and Payment Services” shall mean the place or location designated by<br />

the <strong>Bank</strong> to handle the daily operations of Debit Cards;<br />

2.9 “Cardmember” shall mean the person whom the card has been issued to;<br />

2.10 “Cash Withdrawal Draft” shall mean the relevant slips, forms or papers<br />

supplied by the <strong>Bank</strong> or any member institution of MasterCard® International<br />

to the Authorised Cash Outlet for the purpose of recording, confirming and<br />

evidencing cash withdrawal by the Cardmember through the use of the DEBIT<br />

MASTERCARD®;<br />

2.11 “Cashback” shall mean the cash rebate that will be credited into the<br />

Cardmember’s Hybrid Account (which rate and amount shall be subject to the<br />

type and/or category of DEBIT MASTERCARD® issued by the <strong>Bank</strong> to the<br />

Cardmember, as the <strong>Bank</strong> may, in its sole and absolute discretion, determine<br />

from time to time) at the end of the Hybrid Account statement cycle for all<br />

qualifying point-of-sale transactions.<br />

2.12 “CDM” shall mean Cash Deposit Machine, which allows customers to deposit<br />

their cash into a self-service terminal.<br />

2.13 “ “Hybrid Account” shall mean the <strong>Alliance</strong> Hybrid Account (whether individual or<br />

joint) of the Cardmember(s) opened with the <strong>Bank</strong> to which all monies to be<br />

deposited on account of the Cardmember (or the accountholders of the Hybrid<br />

Account, in the case of joint accounts) shall be credited and payments for<br />

purchases of goods and/or services, Cash Withdrawal effected through the<br />

use of the DEBIT MASTERCARD®, all annual fees, handling and additional<br />

charges, finance charges, or any other charges shall be debited, and which<br />

shall be governed by the Rules and Regulations of the <strong>Bank</strong> governing the<br />

Hybrid Account;<br />

2.14 “MasterCard® International” shall mean MasterCard® International<br />

Incorporated, a company organised under the State of Delaware having its<br />

office and principal place of business at 2000 Purchase Street, Purchase,<br />

NY10577- 2509, United States of America of which the <strong>Bank</strong> is a member<br />

institution;<br />

2.15 “MEPS Network” shall mean the shared ATM network provided by member<br />

banks of the <strong>Malaysia</strong>n Electronic Payment System.<br />

2.16 “PIN” shall mean a personal identification number of the Cardmember issued<br />

by the bank to the Cardmember to access the services offered through any<br />

Self-Service Terminal (SST) and any other services that will be offered by the<br />

<strong>Bank</strong> from time to time;


2.17 “Retail Transaction” shall mean for the purpose of this Agreement, all<br />

transactions for the purchase of the goods and/or services incurred using the<br />

DEBIT MASTERCARD®;<br />

2.18 “Sales Draft” shall mean the relevant payment slips, receipts, forms or papers<br />

supplied by the <strong>Bank</strong> or any member institution of MasterCard® International<br />

to the Authorised Merchant for the purpose of recording, confirming and<br />

evidencing purchases or services incurred by the Cardmember through the<br />

use of DEBIT MASTERCARD®;<br />

2.19 “Securities” shall have the same meaning as is ascribed to that expression in<br />

Section 2 (1) of the Capital Markets and Services Act 2007.<br />

2.20 “Statement Date” shall mean a date of the month as determined by the <strong>Bank</strong><br />

to be the date of the Statement of Account and is printed accordingly in the<br />

Statement of Account;<br />

2.21 “Statement of Account” shall mean the periodic Statement issued by the <strong>Bank</strong><br />

to the Cardmember which shows the transactions made through the use of the<br />

DEBIT MASTERCARD®, Self-Service Terminals, the fees and charges<br />

incurred, the overdrawn amount if any and any other transaction;<br />

2.22 “Terminal” shall mean a device manually or electronically activated to read<br />

and/or record data of each charge;<br />

2.23 “Transaction Limit” shall mean the limit imposed by the <strong>Bank</strong> on the Hybrid<br />

Account for Retail Transactions which may be varied by the <strong>Bank</strong> from time to<br />

time with notification to the Cardmember;<br />

2.24 “Validity Period” shall mean the validity period prescribed by the <strong>Bank</strong> and<br />

embossed on the DEBIT MASTERCARD®;<br />

2.25 “DEBIT MASTERCARD®” shall mean any DEBIT MASTERCARD® issued by<br />

the <strong>Bank</strong> under such category(ies) and/or type(s) as may be determined by the<br />

<strong>Bank</strong> from time to time and shall include DEBIT MASTERCARD® issued in<br />

affiliation or association with any third party and/or DEBIT MASTERCARD®<br />

issued under any product or select name or references;<br />

2.26 “Withdrawal Limit” shall mean the limit imposed by the <strong>Bank</strong> on the Hybrid<br />

Account for cash withdrawals effected through ATMs or Authorised Cash<br />

Outlets which may be varied by the <strong>Bank</strong> from time to time with notification to<br />

the Cardmember;<br />

2.27 Words importing the singular number shall include the plural and vice versa.<br />

2.28 Words importing the masculine gender shall include the feminine and neuter<br />

gender and vice versa.<br />

2.29 Words applicable to natural persons shall include any body or persons,<br />

company, corporation, firm or partnership, corporate or unincorporated, where<br />

applicable.


3. ACCEPTANCE OF DEBIT MASTERCARD®<br />

3.1 Upon receipt of the DEBIT MASTERCARD®, the Cardmember shall sign on it<br />

immediately and acknowledge receipt thereof by signing and returning the<br />

Acknowledgement of Receipt to the <strong>Bank</strong>. By signing the Acknowledgement of<br />

Receipt or using the DEBIT MASTERCARD®, the Cardmember confirms<br />

his/her agreement to accept, adopt and be bound by this Agreement. Such<br />

signature and/or the use of the DEBIT MASTERCARD® shall constitute<br />

binding and conclusive evidence of the agreement of the Cardmember to be<br />

bound by this Agreement.<br />

3.2 In the event the Cardmember does not wish to be bound by this Agreement,<br />

the Cardmember shall immediately return the DEBIT MASTERCARD® to the<br />

<strong>Bank</strong> cut in halves.<br />

3.3 The DEBIT MASTERCARD® shall at all times remain the property of the <strong>Bank</strong><br />

and shall be surrendered to the <strong>Bank</strong> immediately upon request;<br />

4. DEBIT MASTERCARD® SERVICES<br />

4.1 During its validity and subject to the <strong>Terms</strong> and <strong>Conditions</strong> of use set out<br />

herein or as may be amended, modified and varied by the <strong>Bank</strong> from time to<br />

time at its absolute discretion, the DEBIT MASTERCARD® entitles the<br />

Cardmember to DEBIT MASTERCARD® services with the <strong>Bank</strong>.<br />

4.2 The DEBIT MASTERCARD® services made available by the <strong>Bank</strong> from time<br />

to time at its absolute discretion includes but is not limited to the following:<br />

4.2.1 Purchase of goods and/or services from any Authorised Merchant;<br />

4.2.2 any ATM transaction effected through any of the Cardmember’s other<br />

accounts with the <strong>Bank</strong> and/or;<br />

4.2.3 any other DEBIT MASTERCARD® services subject to pre-arrangement and<br />

agreement with the <strong>Bank</strong>, if applicable.<br />

5. MANNER OF USE<br />

5.1 The Cardmember shall keep and use the DEBIT MASTERCARD®<br />

himself/herself and shall not transfer, pledge or otherwise use it as security for<br />

any credit transaction.<br />

5.2 In consideration of the Cardmember observing and complying with the terms of<br />

this Agreement, the <strong>Bank</strong> shall purchase from the Authorised Merchant through<br />

any member institution of MasterCard® International, all Sales Drafts, Receipts<br />

and Cash Withdrawal Drafts incurred by the Cardmember and debit the<br />

Cardmember’s Hybrid Account accordingly.<br />

5.3 The Cardmember hereby authorises the <strong>Bank</strong> to charge his/her Hybrid Account<br />

with payments to Authorised Merchant(s) evidenced by Sales Drafts or any<br />

other instruction which has been signed or authorized by the Cardmember, if<br />

the <strong>Bank</strong> is of the view, upon satisfactory documentary evidence, that the<br />

omission is due to an oversight on the part of the Cardmember and/or the


Authorised Merchant or Authorised Cash Outlet or if the Authorised Merchant<br />

has undercharged the Cardmember.<br />

5.4 The Cardmember shall comply with all requirements, directions, instructions<br />

and guidelines in connection with the use of the DEBIT MASTERCARD®<br />

issued by the <strong>Bank</strong> from time to time in respect of all DEBIT MASTERCARD®<br />

services rendered to the Cardmember.<br />

6. CONFIDENTIALITY OF PIN<br />

6.1 The Cardmember hereby authorises the <strong>Bank</strong> to deliver his/her PIN to him/her<br />

at the Cardmember’s own risk by whatever means the <strong>Bank</strong> deems fit and the<br />

Cardmember agrees to save the <strong>Bank</strong> harmless from all claims and liabilities,<br />

loss or damage incurred or suffered in the event the PIN shall fail to reach the<br />

Cardmember by reason that the document containing the PIN is intercepted or<br />

retained by any other person or lost in transit.<br />

6.2 The Cardmember understands and agrees that his/her PIN is strictly<br />

confidential and hereby undertakes not to disclose or expose or compromise or<br />

in any way cause or allow his/her PIN to be disclosed or exposed or<br />

compromised to any person under any circumstances or by any means<br />

whether voluntarily or otherwise. The Cardmember understands and agrees<br />

that failure to comply with this requirement may expose the Cardmember to the<br />

consequences of theft and/or unauthorised use of the DEBIT MASTERCARD®,<br />

in which event the Cardmember shall be liable for all transactions made and<br />

charges incurred under the DEBIT MASTERCARD®, whether or not such<br />

transaction or charge is within his/her knowledge or authority.<br />

6.3 If the PIN should be disclosed or exposed or compromised for any reason<br />

whatsoever or if the Cardmember should forget his/her PIN, the Cardmember<br />

hereby undertakes to immediately notify the <strong>Bank</strong> orally and in writing and<br />

return the DEBIT MASTERCARD®, cut in halves, to the <strong>Bank</strong>.<br />

6.4 Upon the Cardmember returning the DEBIT MASTERCARD® for cancellation<br />

as described in Clause 6.3 or following the loss or theft of the DEBIT<br />

MASTERCARD®, the <strong>Bank</strong> may, at its sole and absolute discretion issue a<br />

replacement DEBIT MASTERCARD® to the Cardmember. Any replacement<br />

DEBIT MASTERCARD® will be subject to a replacement DEBIT<br />

MASTERCARD® fee pursuant to Clause 9 of this Agreement.<br />

7. DEBIT MASTERCARD® ACCOUNT<br />

7.1 The <strong>Bank</strong> shall render to the Cardmember a monthly Statement of Account<br />

(for active accounts only) showing the amount of his/her purchases of goods<br />

and/or services, cash withdrawals, fees and charges incurred by the<br />

Cardmember.


7.2 The records and entries in the Hybrid Account with the <strong>Bank</strong> as appearing on<br />

the monthly Statement of Account shall be deemed to be correct and binding<br />

on the Cardmember (and in the case of a joint Hybrid Account, all<br />

accountholders) unless written notice to the contrary shall have been given to<br />

the <strong>Bank</strong> within fourteen (14) days from the Statement Date as stated in the<br />

monthly Statement of Account.<br />

7.3 For any error in relation to transactions effected through the use of the DEBIT<br />

MASTERCARD®, the Cardmember shall notify the <strong>Bank</strong> of any error and/or<br />

possible unauthorized transaction within sixty (60) days from the Statement<br />

Date, subject always that in the case of request for chargeback of transactions<br />

to the Authorised Merchant, such requests should be made in accordance with<br />

the manner set out in Clause 7.11 of this Agreement.<br />

7.4 In the absence of notification from the Cardmember in the manner set out in<br />

Clauses 7.2 or 7.3 above, the Statement of Account shall be deemed<br />

conclusive evidence of the Cardmember’s confirmation and acceptance of the<br />

transactions therein. The Cardmember shall further be deemed to have waived<br />

any rights to raise any objection against the <strong>Bank</strong> in respect of the Hybrid<br />

Account.<br />

7.5 Upon receipt of such notice duly given by the Cardmember within the<br />

stipulated time as described in Clause 7.2, the <strong>Bank</strong> may, if it is satisfied,<br />

make the necessary adjustment and rectification to the Hybrid Account.<br />

7.6 If the Cardholder’s Account is overdrawn, the Cardmember shall, on demand<br />

by the <strong>Bank</strong>, make good the amount overdrawn plus any interest thereon which<br />

shall be calculated based on the <strong>Bank</strong>’s prevailing interest rate.<br />

7.7 The <strong>Bank</strong> will not affect any payment order or instruction unless there is<br />

sufficient balance in the Hybrid Account on the payment order or instruction<br />

date and shall not be liable for any loss or damage. The Hybrid Account<br />

balance shall exclude uncleared cheque(s) or remittances not received. All<br />

payment order or instruction will be void if the Hybrid Account is closed or the<br />

payment order or instruction is cancelled on or before payment date.<br />

7.8 The Cardmember must notify the <strong>Bank</strong> of any changes in his/her personal<br />

particulars, including but not limited to, NRIC number, name and address that<br />

may occur from time to time and to hold the <strong>Bank</strong> harmless from any claims,<br />

losses, damages, costs and expenses arising from any rejection of his/her<br />

application for any public issue of Securities by the relevant issuing house<br />

and/or the <strong>Bank</strong> caused by multiple application, suspected multiple application,<br />

inaccurate and/or incomplete details which are beyond the control of the <strong>Bank</strong>.<br />

7.9 All inter-country Retail Transactions and transactions via ATMs shall be subject<br />

to the laws existing in the country where the aforementioned Transaction<br />

originates. For all such aforementioned Transactions, the exchange rate, where<br />

applicable, shall be the prevailing spot exchange rates on the date of<br />

transaction.<br />

7.10 Retail Transactions via the MEPS Network shall be deemed to be cash<br />

withdrawal transactions and the Cardmember hereby authorises the <strong>Bank</strong> to


debit his/her Hybrid Account for the total amount of the bills incurred by the use<br />

of the DEBIT MASTERCARD®.<br />

7.11 The Cardmember shall notify the <strong>Bank</strong> in advance of his/her intentions to use<br />

the DEBIT MASTERCARD® for the overseas transactions by either contacting<br />

the <strong>Bank</strong> or by activating it through the <strong>Bank</strong>’s ATM or any other means<br />

deemed acceptable by the <strong>Bank</strong> in the future.<br />

7.12 The <strong>Bank</strong> shall be entitled to treat the <strong>Bank</strong>’s record of any transaction effected<br />

by the use of the DEBIT MASTERCARD® including transactions at specific<br />

Point of Sale Terminals and/or though such other modes that may be<br />

introduced/implemented from time to time, as evidence of transaction properly<br />

effected by the Cardmember to be debited to the Hybrid Account.<br />

7.13 In some circumstances, card scheme rules allow the Cardmember to charge a<br />

Debit MasterCard® transaction back to the Authorised Merchant with whom the<br />

transaction was made (if the chargeback right is available) subject to the<br />

complaint or dispute having been made to the <strong>Bank</strong> by the Cardmember in<br />

writing within twenty (20) days from the posting date of such transaction in the<br />

Cardmember’s Hybrid Account and the Cardmember has provided the<br />

necessary information requested by the <strong>Bank</strong> to support the chargeback within<br />

the requested timeframe.<br />

8. TRANSACTION LIMIT AND WITHDRAWAL LIMIT<br />

8.1 The <strong>Bank</strong> shall at its sole discretion specify the Cardmember’s Transaction<br />

Limit and Withdrawal Limit with the <strong>Bank</strong> from time to time for the purpose of<br />

this Agreement.<br />

8.2 The Cardmember shall not use the DEBIT MASTERCARD® for withdrawal of<br />

cash, payment for Retail Transactions or fund transfer unless there are<br />

sufficient funds in the Hybrid Account.<br />

8.3 Subject to Clause 8.2 above, the DEBIT MASTERCARD® daily accumulated<br />

transaction limit for Retail Transactions and cash withdrawals are defaulted to<br />

RM1,000.00 respectively at the point of the Cardmember’s application for the<br />

DEBIT MASTERCARD®. The daily accumulated transaction limit for Retail<br />

Transactions and cash withdrawal limit may be changed by the Cardmember at<br />

any time thereafter at the <strong>Bank</strong>’s ATM or through any other means as<br />

determined by the <strong>Bank</strong> from time to time. However, such limits selected by the<br />

Cardmember shall be subject to the Cardmember’s Transaction Limit and<br />

Withdrawal Limit, as determined by the <strong>Bank</strong>.<br />

.<br />

8.4 The Cardmember hereby agrees that without prejudice to the <strong>Bank</strong>’s right at<br />

any time, the <strong>Bank</strong> is entitled, at its absolute discretion and with giving prior<br />

notice to the Cardmember, to restrict, limit, or otherwise terminate the use of<br />

the DEBIT MASTERCARD® notwithstanding the Hybrid Account may be<br />

without default in any due payments.


9. FEES<br />

9.1 The <strong>Bank</strong> reserves the right to levy a fee of RM12.00 or such other amount as<br />

may be determined by the <strong>Bank</strong> from time to time, for the issuance of a new or<br />

replacement DEBIT MASTERCARD® (where the DEBIT MASTERCARD® had<br />

expired, had been lost, stolen, damaged or PIN-compromised).<br />

9.2 The <strong>Bank</strong> shall levy a service charge of RM1.00 for transactions effected<br />

through the use of the MEPS Network and RM8.00 for transactions effected<br />

through the use of the Cirrus Network. The charges may be varied from time to<br />

time at the absolute discretion of the <strong>Bank</strong>.<br />

9.3 Should there be any changes in the fees and charges, the <strong>Bank</strong> shall give 21<br />

days notice.<br />

10. POSSESSION OF THE DEBIT MASTERCARD®<br />

10.1 The Cardmember must notify the <strong>Bank</strong> of any changes in his/her personal<br />

particulars, including but not limited to, NRIC number, name, contact number,<br />

and address that may occur from time to time and to hold the <strong>Bank</strong> harmless<br />

from any claims, losses, damages, costs and expenses arising from any<br />

rejection of his/her application for any public issue of Securities by the relevant<br />

issuing house and/or the <strong>Bank</strong> caused by multiple application, suspected<br />

multiple application, inaccurate and/or incomplete details which are beyond the<br />

control of the <strong>Bank</strong>.<br />

10.2 The DEBIT MASTERCARD® shall remain the property of the <strong>Bank</strong> at all times<br />

and the Cardmember shall not transfer or otherwise part with the control or<br />

possession of the DEBIT MASTERCARD® for any use or purpose<br />

unauthorised by the <strong>Bank</strong> under this Agreement.<br />

10.3 The Cardmember shall not use the DEBIT MASTERCARD® but shall<br />

immediately return the same cut in halves to the <strong>Bank</strong> in the event of any one<br />

of the following:<br />

10.3.1 upon expiry of the Validity Period of the DEBIT MASTERCARD®;<br />

10.3.2 upon cancellation, termination, replacement and surrender of the DEBIT<br />

MASTERCARD® by the Cardmember;<br />

10.3.3 upon request made by the <strong>Bank</strong> for the return of the DEBIT MASTERCARD®;<br />

10.3.4 upon cancellation, revocation and suspension of the DEBIT MASTERCARD®<br />

by the <strong>Bank</strong>;<br />

10.3.5 upon discovery of the DEBIT MASTERCARD® after notification of its loss or<br />

theft;<br />

10.3.6 the PIN is disclosed or exposed or compromised, voluntarily or otherwise, to<br />

any person; or<br />

10.3.7 failure on the part of the Cardmember to remember his/her PIN.


10.4 Where the Cardmember is required under the provisions herein to return the<br />

DEBIT MASTERCARD® cut in halves to the <strong>Bank</strong> and the Cardmember fails to<br />

do as required, the Cardmember shall continue to be liable for all charges and<br />

transactions incurred on the DEBIT MASTERCARD®, if any, irrespective of<br />

whether the charges were incurred by the Cardmember or otherwise.<br />

10.5 The <strong>Bank</strong> is under no obligation to issue a replacement DEBIT MASTER-<br />

CARD® to the Cardmember in the event of loss, theft or mutilation of the same.<br />

Any replacement DEBIT MASTERCARD® will be subject to a replacement fee<br />

pursuant to Clause 9 above.<br />

10.6 The use of the DEBIT MASTERCARD® by the Cardmember shall be governed<br />

by the terms and conditions herein, including all requirement, directives,<br />

regulations and guidelines in relation thereto issued by the <strong>Bank</strong> and<br />

MasterCard® International and any authority having jurisdiction over the <strong>Bank</strong>,<br />

at any time and from time to time.<br />

11. SELF-SERVICE TERMINAL (SST) TRANSACTIONS<br />

11.1 The Cardmember who deposits cash at the CDM shall accept the deposit<br />

amount as printed onto the receipt generated by the CDM and the entry<br />

thereof in records of the <strong>Bank</strong> as correct. In the event of cash being jammed in<br />

the CDM or a receipt being unable to be generated by the CDM for any reason<br />

whatsoever, the deposit amount shall be deemed to have been received by<br />

the <strong>Bank</strong> upon verification by two officers of the <strong>Bank</strong> and the amount so<br />

verified shall be deemed to be the deposited amount.<br />

11.2 Cheques and other negotiable instruments deposited at the <strong>Bank</strong>’s ATM or<br />

CDM or any other Self-Service Terminal for the said purpose, shall be deemed<br />

to have been accepted for collection only upon verification by two officers of<br />

the <strong>Bank</strong> of such deposit and of the title of the Cardmember to such cheques<br />

and negotiable instruments.<br />

11.3 All Transactions arising from the use of the DEBIT MASTERCARD® that is<br />

designated for joint Hybrid Accounts shall be binding on all accountholders of<br />

the Hybrid Account, who are liable or responsible for the Transactions. In the<br />

event the mandate for a joint Hybrid Account is revoked, the DEBIT<br />

MASTERCARD® must be surrendered to the <strong>Bank</strong>.<br />

11.4 The balance in the Cardmember’s Account which is reported by the SSTs,<br />

POS Terminals, Phone <strong>Bank</strong>ing, <strong>Alliance</strong>Online or any other means shall not<br />

include any deposit into the Hybrid Account which has/have not been verified<br />

by the <strong>Bank</strong>. The unverified deposit shall not be taken into account for<br />

cheque(s) issued by the Cardmember (or in the case of a joint Hybrid Account,<br />

the accountholders of the Hybrid Account and payment or fund transfers<br />

services offered by the <strong>Bank</strong>.<br />

11.5 The balance in the Hybrid Account reported by the SSTs, POS Terminals,<br />

<strong>Alliance</strong>Online and Phone <strong>Bank</strong>ing shall not for any purpose whatsoever be<br />

taken as conclusive statement of the Hybrid Account with the <strong>Bank</strong>.<br />

11.6 The <strong>Bank</strong> shall not be held liable in the absence of willful misconduct or gross<br />

negligence on the part of the <strong>Bank</strong>, its services or agents, for any loss or


damage suffered by the Cardmember arising out of the Services offered at the<br />

SSTs and POS Terminals being unavailable, damaged or destroyed.<br />

11.7 The <strong>Bank</strong> shall not be held liable for any loss or damage if a wrong account<br />

number is keyed in by the Cardmember in the course of utilising the Services<br />

offered at the SSTs.<br />

12. OVERSEAS TRANSACTIONS<br />

12.1 The Cardmember may use the DEBIT MASTERCARD® outside <strong>Malaysia</strong> at<br />

Authorised Merchants and/or Authorised Cash Outlets.<br />

12.2 The Cardmember may use the DEBIT MASTERCARD® for Cash Withdrawal<br />

under the Hybrid Account through designated ATMs or at Authorised Cash<br />

Outlets installed in such countries as approved by the <strong>Bank</strong> and/or member<br />

institution of MasterCard International from time to time.<br />

12.3 Foreign currency transactions are first converted to US Dollars through<br />

MasterCard® International. The US Dollars are subsequently converted to<br />

Ringgit <strong>Malaysia</strong> on the date the transaction is posted into the Cardmember’s<br />

Hybrid Account. The rate of exchange on the date of such posting may<br />

therefore differ from the rate of exchange on the date of the transaction. The<br />

<strong>Bank</strong> will also impose a fee of 1% being administration charges for such<br />

transaction or such other rate as the <strong>Bank</strong> may inform the Cardmember from<br />

time to time.[ The <strong>Bank</strong> reserves the right to vary these charges from time to<br />

time as deemed necessary.]<br />

12.4 All inter-country transactions by the Cardmember shall not violate the laws<br />

existing in the country where transaction is affected. Where applicable, the<br />

Cardmember shall comply with the Exchange Control Regulation issued by<br />

<strong>Bank</strong> Negara <strong>Malaysia</strong> and shall be liable for any infringement of such<br />

regulation, including any amendment thereto.<br />

12.5 The <strong>Bank</strong> may at any time with notice, suspend or terminate the<br />

Cardmember’s ability to use the card at any ATMs or authorised merchants<br />

outside <strong>Malaysia</strong> and the <strong>Bank</strong> shall not be liable to the Cardmember for any<br />

loss or damage suffered by the Cardmember resulting in any way from such<br />

suspension or termination.<br />

13. LIABILITY OF CARDMEMBER<br />

13.1 The Cardmember agrees and undertakes to take all reasonable care and<br />

precaution to prevent loss or theft of the DEBIT MASTERCARD® and shall<br />

immediately notify the Card and Payment Services (in the event of loss or theft<br />

in <strong>Malaysia</strong>) or any member institution of MasterCard® International (in the<br />

event of loss or theft outside of <strong>Malaysia</strong>) of the loss or theft of the DEBIT<br />

MASTERCARD®. The Cardmember fully understands that failure to take<br />

reasonable care and precaution of his DEBIT MASTERCARD® may expose<br />

him to the consequences of theft and/or unauthorised use of the DEBIT<br />

MASTERCARD®.


13.2 The notification in Clause 13.1 shall be made by telephone, telegram, telex or<br />

facsimile transmission followed by a written confirmation and a police report.<br />

13.3 Until and unless such written confirmation and police report referred to in<br />

Clause 13.2 are received by the Card and Payment Services, the<br />

Cardmember shall remain liable for all charges and transactions incurred on<br />

the DEBIT MASTERCARD®, whether such charge or transaction is within his<br />

knowledge or authority.<br />

13.4 Where investigation discloses that the Cardmember is involved or has<br />

contributed to the losses resulting from any unauthorised transaction, the<br />

Cardmember shall be liable for all charges and transactions incurred, whether<br />

before or after the receipt by the <strong>Bank</strong> of the written confirmation and police<br />

report referred to in Clause 13.2.<br />

14. EXCLUSION OF LIABILITY<br />

14.1 The <strong>Bank</strong> shall not in any circumstances be held liable for damage suffered or<br />

loss incurred by the Cardmember including but not limited to loss of reputation<br />

or embarrassment:<br />

14.1.1 in respect of any representation or implication that may arise as a result of:<br />

(a) any cancellation or refusal on the part of the <strong>Bank</strong> to renew the DEBIT<br />

MASTERCARD®; and/or<br />

(b) any suspension or restriction imposed by the <strong>Bank</strong> on the use of the DEBIT<br />

MASTERCARD® by the Cardmember; and/or<br />

(c) withdrawal of any benefits or privileges conferred on the Cardmember<br />

under the DEBIT MASTERCARD®.<br />

14.1.2 arising from any act or omission of any Authorised Merchant or Authorised<br />

Cash Outlets, howsoever caused;<br />

14.1.3 due to any retention of the DEBIT MASTERCARD® and/or refusal by any<br />

Authorised Merchant or Authorised Cash Outlets to honour the DEBIT<br />

MASTERCARD®;<br />

14.1.4 in respect of any statement, representation or communication made by any<br />

Authorised Merchant or Authorised Cash Outlets;<br />

14.1.5 as a result of detect or deficiency in goods purchased or services rendered by<br />

any Authorised Merchant or Authorised Cash Outlets.<br />

14.2 The <strong>Bank</strong> shall not be liable for any loss, injury or damage suffered including<br />

consequential and economic loss, howsoever caused and/or arising by or from<br />

mechanical defect or malfunction of the ATMs, CDMs or any other Self-<br />

Service Terminals whether owned by the <strong>Bank</strong> or otherwise [by any other]<br />

party or by any circumstances beyond the <strong>Bank</strong>’s control, [act of God], or by<br />

strikes and or other labour disputes.


15. PRIVILEGES AND BENEFITS GENERALLY<br />

Cashback Programme<br />

15.1 The <strong>Bank</strong> may from time to time credit the Hybrid Account with Cashback. The<br />

Cashback shall be subject to such terms and conditions as the <strong>Bank</strong> may<br />

prescribe and the amount of the Cashback shall be calculated at such rate and<br />

by reference to such parameters as the <strong>Bank</strong> may at its sole discretion<br />

determine from time to time. Without prejudice to the generality of the<br />

foregoing, Cashback shall only accrue and be credited only for so long as the<br />

Hybrid Account remains in good standing. No Cashback shall be granted in<br />

the event that the Hybrid Account is suspended or closed or this Agreement is<br />

terminated (notwithstanding that such Cashback may relate to the period<br />

preceding the suspension or closure of the Hybrid Account or the termination<br />

of this Agreement).<br />

15.2 Cashback Rebate Rate<br />

Card Type<br />

Cash Back<br />

Rebate Rate<br />

Cash Back Rebate Paid for<br />

Spending up to (monthly)<br />

(RM)<br />

Max. Possible Rebate Amount<br />

earned (per annum) (RM)<br />

Standard 1.00% 3,000.00 360.00<br />

Platinum 1.50% 6,000.00 1,080.00<br />

Premium 2.00% 9,000.00 2,160.00<br />

16. RIGHT TO APPLY PAYMENT<br />

16.1 Deposits received from the Cardmember in respect of the Hybrid Account will<br />

be applied in or towards payment for any overdrawn transactions on the<br />

account, charges, fees and legal costs and thereafter against transactions<br />

effected using DEBIT MASTERCARD®.<br />

16.2 Notwithstanding the provisions of Clause 16.1, any deposit received towards<br />

the Hybrid Account may be applied in the manner as the <strong>Bank</strong> may at its<br />

absolute discretion deem fit. Any payment received hereunder may be placed<br />

and kept to the credit of a suspense account for so long as the <strong>Bank</strong> thinks fit<br />

without any obligation in the meantime to <strong>apply</strong> the same or any part thereof in<br />

or towards discharge of any money or liabilities due or incurred by the<br />

Cardmember.<br />

16.3 Notwithstanding any such payment described in Clause 16.2, in the event of<br />

any proceedings in or analogous to bankruptcy or insolvency of the<br />

Cardmember, the <strong>Bank</strong> may prove for and agree to accept any dividend or<br />

composition in respect of the whole or any part of such money and liabilities<br />

against the Cardmember.


17. LAW<br />

17.1 This Agreement between the <strong>Bank</strong> and the Cardmember shall be governed by<br />

and interpreted in accordance with the laws of <strong>Malaysia</strong>. The Cardmember<br />

hereby agrees to:<br />

17.1.1 irrevocably submit to the non-exclusive jurisdiction of the <strong>Malaysia</strong>n Courts;<br />

17.1.2 waive any objection on the ground of venue or forums non conveniens or any<br />

similar grounds to settle any claim or dispute which may arise between the<br />

parties hereto in respect of the construction validity or performance of this<br />

Agreement or as to the rights and liabilities of the Cardmember hereunder; and<br />

17.1.3 consent to service of any legal process by registered mail or in any other<br />

manner determined by the <strong>Bank</strong> at its sole discretion and permitted by the<br />

relevant laws.<br />

18. WAIVER<br />

Time shall be the essence of this Agreement but no failure to exercise and no delay on<br />

the part of the <strong>Bank</strong> in exercising any of its rights, power, privilege or remedy shall<br />

operate as a waiver thereof, nor shall any single or partial exercise of any right, power,<br />

privilege or remedy preclude any other or further exercise thereof or the exercise of any<br />

other right, power, privilege or remedy. The rights and remedies herein provided are<br />

cumulative and not exclusive of any rights or remedy provided by law.<br />

19. PRESERVATION OF RIGHTS AND ENTITLEMENT<br />

Notwithstanding anything in this Agreement, the <strong>Bank</strong>’s rights and entitlement under this<br />

Agreement shall continue to remain in full force and effect and shall survive any<br />

cancellation, revocation or suspension of the DEBIT MASTERCARD® by the <strong>Bank</strong> or<br />

the termination of <strong>Bank</strong>er and Customer relationship between the <strong>Bank</strong> and the<br />

Cardmember.<br />

20. VARIATION<br />

20.1 The Cardmember agrees that the <strong>Bank</strong> shall have the right to, from time to<br />

time, vary, add to, delete or amend the rates, fees, charges as well as any<br />

<strong>Terms</strong> and <strong>Conditions</strong> herein by notifying the Cardmember of such alteration.<br />

20.2 The notification in Clause 20.1 may be made by the <strong>Bank</strong> in the Statement of<br />

Account and/or in any other manner as the <strong>Bank</strong> shall in its absolute discretion<br />

consider appropriate.<br />

20.3 Any alteration referred to Clause 20.1 shall take effect on the date specified by<br />

the <strong>Bank</strong>.<br />

20.4 In the event the Cardmember shall not be agreeable to such alteration, the<br />

Cardmember shall immediately surrender the DEBIT MASTERCARD® and


eturn the same to the <strong>Bank</strong> cut in halves, failing which the Cardmember shall<br />

be deemed to have accepted such alteration. Upon the surrender and return of<br />

the DEBIT MASTERCARD® by the Cardmember, all monies owing to the<br />

<strong>Bank</strong> by the Cardmember under the Hybrid Account shall remain due and<br />

payable and in any event the Cardmember shall immediately upon demand by<br />

the <strong>Bank</strong> (the exercise of the <strong>Bank</strong>’s right of demand shall be at the <strong>Bank</strong>’s<br />

sole and absolute discretion) settle all amounts outstanding under the Hybrid<br />

Account.<br />

21. NOTICE<br />

21.1 Any Statement of Account, correspondence or notice to the Cardmember may<br />

be delivered by hand or sent by facsimile or post (registered, AR-registered,<br />

ordinary or otherwise) to the Cardmember’s address last known to the <strong>Bank</strong><br />

and such service shall be deemed effective at the time of dispatch or<br />

transmission by facsimile or three (3) Business Days after the date of posting<br />

notwithstanding that it be undelivered or returned undelivered, as the case<br />

may be.<br />

21.2 Any failure on the part of the Cardmember to notify the <strong>Bank</strong> of any change of<br />

address resulting in delay or the return of any Statement of Account,<br />

correspondence and/or notice shall not prejudice the <strong>Bank</strong>’s right or<br />

entitlement under this Agreement.<br />

21.3 Notwithstanding any provision herein, the <strong>Bank</strong> shall have the absolute<br />

discretion to serve any notice whatsoever on the Cardmember by any other<br />

means, including but not limited to:<br />

21.3.1 advertisement in one daily newspaper;<br />

21.3.2 via electronic means including but not limited to email and/or publication<br />

on a website;<br />

21.3.3 displaying the said notice, where appropriate, in the <strong>Bank</strong>’s premises in<br />

which event such notice shall be deemed to have been served on the<br />

Cardmember on the date the advertisement appears in the newspaper<br />

or the date the said notice was first displayed in the <strong>Bank</strong>’s premises as<br />

the case may be.<br />

22. SERVICE OF LEGAL PROCESS<br />

The Cardmember hereby agrees that the service of any writ of summons or any legal<br />

process in respect of any claim arising from or connected with this Agreement may be<br />

effected by forwarding a copy of the same to the Cardmember by way of prepaid<br />

registered post sent to the Cardmember’s address as stated in the <strong>Bank</strong>’s Account<br />

Opening Application Form or such other address notified by the Cardmember and<br />

received by the <strong>Bank</strong> from time to time and such service shall be deemed good and<br />

sufficient service thereof on the Cardmember after the expiration of seven (7) days from<br />

the date of posting thereof notwithstanding that the same may be returned undelivered.<br />

23. CERTIFICATE OF INDEBTEDNESS


A certificate signed by the officer of the <strong>Bank</strong> as to the monies for the time being due and<br />

owing to the <strong>Bank</strong> from or by the Cardmember shall be conclusive evidence or proof<br />

against the Cardmember for all purposes whatsoever including for purposes of any legal<br />

proceedings.<br />

24. SEVERABILITY<br />

The invalidity or unenforceability of any of the provisions herein shall not substantially<br />

nullify the underlying intent of this Agreement and the invalid or unenforceable provision<br />

shall be severable and the invalidity or unenforceability of any term or provision in this<br />

Agreement shall not affect the validity or enforceability of the other terms or provisions<br />

herein contained which shall remain in full force and effect.<br />

25. IMPLIED TERMS<br />

Without prejudice to any clause as contained herein, this Agreement embodies the entire<br />

understanding of the parties and there are no provisions, terms, conditions or<br />

obligations, oral and written, expressed or implied, other than those contained herein.<br />

.<br />

26. SUPERSEDING AGREEMENT<br />

Save and except for the Rules and Regulations governing the Hybrid Account which<br />

shall remain valid and binding, all other previous agreements and arrangements, if any,<br />

made between the <strong>Bank</strong> and the Cardmember, written or verbal, are hereby cancelled<br />

and superseded by this Agreement.<br />

27. DISCLOSURE<br />

27.1 The Cardmember hereby authorises the <strong>Bank</strong> and/or its officers to make use<br />

of, disclose, divulge or reveal at any time and without notice or liability, any<br />

information relating to the Cardmember and/or the Hybrid Account and/or the<br />

conduct thereof, the Cardmember’s particulars and affairs (financial or<br />

otherwise) in such manner and to such extent as the <strong>Bank</strong> may consider<br />

necessary or appropriate to any party including but not limited to:<br />

27.1.1 any Authorised Merchant, any other bank or financial institution, MasterCard®<br />

International or its successors, any member institution of MasterCard®<br />

International and/or any interested party to facilitate the use of the DEBIT<br />

MASTERCARD® or the processing of any transaction effected or investigation<br />

of whatsoever nature to be made;<br />

27.1.2 to any person for or in connection with any action or proceeding taken to<br />

recover monies due and payable by the Cardmember to the <strong>Bank</strong> under this<br />

Agreement;<br />

27.1.3 to licensed credit reference agencies; and/or<br />

27.1.4 the Central Credit Unit or any other central credit bureau established by <strong>Bank</strong><br />

Negara <strong>Malaysia</strong>, any other relevant authority as may be authorised by law to<br />

obtain such information or any authority or body established by <strong>Bank</strong> Negara<br />

<strong>Malaysia</strong> or any other authority having jurisdiction over the <strong>Bank</strong>.<br />

27.2 Clause 27.1 shall survive the termination of this Agreement.


28. DISPUTES<br />

28.1 The Cardmember shall resolve all complaints, claims and disputes against the<br />

Authorised Merchant or Authorised Cash Outlets directly and not through the<br />

<strong>Bank</strong>. The Cardmember hereby undertakes not to enjoin the <strong>Bank</strong> in any such<br />

claims and/or disputes or legal proceedings.<br />

28.2 Any claims and/or disputes, which the Cardmember may have against the<br />

Authorised Merchant or Authorised Cash Outlets shall not relieve the<br />

Cardmember of the obligation to pay the amounts incurred under this<br />

Agreement to the <strong>Bank</strong>.<br />

28.3 If there are any service related queries or complaints, the Cardmember may<br />

write to info@alliancefg.com.<br />

29. TELECOMMUNICATION INSTRUCTION<br />

29.1 The Cardmember hereby agrees that the <strong>Bank</strong> is authorised to act on<br />

instruction of the Cardmember given by the Cardmember by telephone,<br />

facsimile transmission, or other means of telecommunication which the <strong>Bank</strong><br />

in good faith believes emanates from the Cardmember only in relation to the<br />

use of the DEBIT MASTERCARD® for cash withdrawals and/or Retail<br />

Transactions as allowed or contemplated hereunder. For all other transactions<br />

in relation to the Hybrid Account, the Cardmember shall abide by the Rules<br />

and Regulations of the <strong>Bank</strong> governing the Hybrid Account.<br />

29.2 The <strong>Bank</strong> shall take all reasonable steps to verify the identity of the person or<br />

persons giving the telecommunication instructions referred to in Clause 29.1<br />

purportedly in the name of the Cardmember and the Cardmember hereby<br />

agrees that the <strong>Bank</strong> shall not be liable to the Cardmember for any loss or<br />

damage that may be suffered by the Cardmember in the event that the<br />

aforesaid telecommunication instructions emanate from an individual other<br />

than the Cardmember. The Cardmember undertakes to fully indemnify the<br />

<strong>Bank</strong> and keep the <strong>Bank</strong> fully indemnified against all actions, claims,<br />

demands, liabilities, losses, damage, costs and expenses of whatever nature<br />

which the <strong>Bank</strong> may sustain, suffer or incur as a result of the <strong>Bank</strong> agreeing to<br />

act on such telecommunication instruction referred to herein.<br />

29.3 The Cardmember undertakes to fully indemnify the <strong>Bank</strong> and keep the <strong>Bank</strong><br />

fully indemnified against all actions, claims, demands, liabilities, losses,<br />

damage, costs and expenses of whatever nature which the <strong>Bank</strong> may sustain,<br />

suffer or incur as a result of the <strong>Bank</strong> agreeing to act on such<br />

telecommunication instruction referred to herein.<br />

30. INDEMNITY<br />

The Cardmember undertakes to hold the <strong>Bank</strong> harmless and to indemnify the <strong>Bank</strong><br />

against all actions, proceedings, claims, demands, losses, damage, costs and expenses<br />

(including but not limited to legal expenses on a full indemnity basis) which the <strong>Bank</strong> may


sustain or incur in enforcing its rights under this Agreement and/or in relation to the use<br />

of the DEBIT MASTERCARD® by theCardmember.<br />

31. FORCE MAJEURE<br />

Without prejudice to any provisions of this Agreement, the Cardmember agrees not to<br />

hold the <strong>Bank</strong> liable in the event that the <strong>Bank</strong> is unable to perform in whole or in part<br />

any of its obligations under this Agreement, attributable directly or indirectly to the failure<br />

of any mechanical or electronic device, data processing system, transmission line,<br />

electrical failure, industrial dispute, any act beyond the <strong>Bank</strong>’s control or due to any<br />

factor in a nature of a force majeure.<br />

32. GENERAL DECLARATION<br />

32.1 The Cardmember acknowledges that a copy of the Product Disclosure Sheet<br />

(“PDS”) from the <strong>Bank</strong> (via the Branch or website at www.alliancebank.com.my)<br />

has been obtained and that the information contained therein has been fully read<br />

and understood including all information related to fees and charges.<br />

32.2 The Cardmember authorises the <strong>Bank</strong>, from time to time, to access, obtain, verify<br />

and/or use any data or information from any source (including credit reference<br />

agencies, <strong>Bank</strong> Negara <strong>Malaysia</strong> (“BNM”), the Credit Bureau and/or the Central<br />

Credit Reference Information System (“CCRIS”) and such relevant authorities for<br />

purpose of evaluation of credit standing, usage of this product and any facility or<br />

service that the Cardmember has or may have (whether or not with the <strong>Bank</strong>) as<br />

the <strong>Bank</strong> may at its sole and absolute discretion deems fit.<br />

33. OTHER TERMS AND CONDITIONS<br />

33.1 The terms and conditions in this Agreement shall be in addition to and not in<br />

derogation of the Rules and Regulations of the <strong>Bank</strong> governing the Hybrid<br />

Account, any specific agreement or arrangement subsisting between the <strong>Bank</strong><br />

and the Cardmember or any terms and conditions that may be specified in any<br />

letter of offer and/or in any other written notice given by the <strong>Bank</strong> to the<br />

Cardmember from time to time.<br />

33.2 In the event of any conflict or discrepancy between the terms and conditions of<br />

any letter of offer or written notice referred to in Clause 21.1 and the provisions<br />

herein, the provisions in the letter of offer or written notice, as the case may<br />

be, shall prevail.<br />

34. SUCCESSORS BOUND<br />

This Agreement shall be binding on the heirs, personal representatives and successorsin-title<br />

of the <strong>Bank</strong> and the Cardmember respectively.<br />

Card Type Standard Platinum Premium v1.0

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