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MasterCard Rules (PDF)

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South Asia/Middle East/Africa Region <strong>Rules</strong><br />

3.10 Limitation of Liability of Cardholders for Unauthorized Use<br />

For information about the <strong>MasterCard</strong> Currency Conversion Assessment,<br />

refer to the GCMS Reference Manual. For information about the <strong>MasterCard</strong><br />

Cross-border Assessment, refer to the <strong>MasterCard</strong> Consolidated Billing<br />

System—SAMEA Region manual.<br />

3.10 Limitation of Liability of Cardholders for Unauthorized<br />

Use<br />

The following applies with respect to SAMEA Region Cardholders.<br />

1. Limitation on amount. Subject to the laws of the country within which a<br />

Card is issued, the liability of a Cardholder for unauthorized use of a Card<br />

(regardless of the type of account to which Transactions initiated with such<br />

Card are posted)<br />

a. shall not exceed USD 0 if the conditions set forth in paragraph 2, below,<br />

have been met or,<br />

b. shall be in accordance with the corresponding Cardholder agreement if<br />

the conditions set forth in paragraph 2 have not been met.<br />

2. Conditions to USD 0 liability. The liability limitations set forth in clause (a)<br />

of paragraph 1, above, shall apply only if<br />

a. the Cardholder has exercised vigilant care in safeguarding such Card<br />

from risk of loss, theft, or unauthorized use;<br />

b. the Cardholder immediately and without delay notifies the Issuer upon<br />

discovery of the loss, theft, or unauthorized use;<br />

c. the Cardholder has not reported two or more incidents of unauthorized<br />

use to the Issuer in the immediately preceding 12-month period;<br />

d. the account to which Transactions initiated with such Card are posted<br />

is in good standing; and<br />

e. the Cardholder has complied with the terms and conditions of the<br />

corresponding Cardholder agreement.<br />

3. Effect of other applicable law or agreement. If country or local law or<br />

an agreement between a Cardholder and the Issuer of a Card (regardless<br />

of the type of account to which Transactions initiated with such Card are<br />

posted) imposes lesser liability than that provided in this Rule, the lesser<br />

liability shall govern.<br />

4. Unauthorized use. For purposes of this Rule, “unauthorized use” means the<br />

use of a Card (regardless of the type of account to which Transactions<br />

initiated with such Card are posted) by a person other than the Cardholder<br />

who does not have actual, implied, or apparent authority for such use, and<br />

from which the Cardholder receives no benefit.<br />

5. Nonapplicability. This Rule shall not apply to Cards issued<br />

a. to an entity other than a natural person;<br />

©1969–2012 <strong>MasterCard</strong>. Proprietary. All rights reserved.<br />

14-2 12 December 2012 • <strong>MasterCard</strong> <strong>Rules</strong>

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