This Agreement contains the terms and conditions applicable to your Card(s) and your Card Account. Please read them carefully before you sign or use the Card(s). Upon signing or using the Card(s), you will be bound by this Agreement.

When you read this Agreement, "you" and "your" means the person named on the Card. The words "we", "our" and "us" refers to Oversea-Chinese Banking Corporation Limited and its successors and assigns.

1.             DEFINITIONS

                In this Agreement,:-

2.             CARD AND PIN

2.1          RECEIPT OF CARD/PIN

Once your application for a Card is approved, we shall send you a Card and a Personal Identification Number (PIN) to be used in conjunction with your Card. Upon receipt of your Card, you should sign the Card if you intend to use it. By doing so, you will be bound by the terms and conditions of this Agreement. You shall not disclose the PIN to any other person and should change the PIN from time to time for security reasons.

2.2          CARD AND PIN FACILITIES

You may use your Card for making authorised purchases. No other person is allowed to use the Card and/or PIN to make any transactions. We may determine at our sole discretion the facilities that you may utilise using your PIN. Should we decide to, we may also modify any such facilities.

2.3           CARD REMAINS OUR PROPERTY

The Card remains our property at all times. We may at our absolute discretion request for the Card to be returned at any time, whereupon you shall cut and return the Card, immediately to us.

2.4           PIN TERMS OF USE

                Where you use the Card at or in any automated teller machine of the Bank or any other bank and financial institution or card institution or of the Visa/Mastercard Global ATM Network or other networks accepting the Card in Singapore or elsewhere, you shall be bound by our Terms and Conditions governing Electronics Services as amended from time to time.

3.             CARD ACCOUNT AND CARD LIMIT

3.1          CARD LIMIT

We may set a credit limit in relation to your Card, which we may vary without notice.

3.2           LIABILITY FOR TRANSACTIONS

You shall be fully liable and responsible for all Card Transactions effected by the use of the Card, whether or not executed with your knowledge or authority and notwithstanding that the available credit balance or credit limit (as the case may be) applicable to the Card Account shall have been exceeded.

3.3          HOLD ON CARD ACCOUNT

We may set aside or place a hold on your Card Account in respect of any transaction on the day such transaction is presented to us for payment or on the day we receive notice of such transaction. Such an amount set aside or held is only an estimated sum of the actual transaction and may not be identical to the actual transaction. Should we set aside or hold any amount, the balance in your Card Account shall be reduced by such amounts that we set aside. You may not stop payment on such transaction nor use any sum set aside or held by us. Where applicable, we may set aside or hold such sums for such period(s) as we deem fit after which we shall debit your Card Account for the full amount of the actual transaction. We shall have the right to increase at any time the amount that we would hold in respect of any Card Transaction which is denominated in a currency other than Singapore dollars if we are of the view that the amount initially held when converted into foreign currency would not be sufficient to pay that Card Transaction in full.

3.4          CHARGES NOT TO EXCEED CARD LIMIT

You shall not at any time carry out or attempt to carry out such Card Transactions by the use of the Card, the aggregate value of which exceeds the available credit balance or the credit limit (as the case may be) in respect of the Card Account without our prior written approval. Where any such limit is exceeded, we may at our absolute discretion terminate this Agreement forthwith without prior notice to you. We may also refuse to authorise any transaction that you wish to effect even if such transaction would not cause your credit limit to be exceeded.

3.5          CARD LIMIT EXCEEDED

In calculating whether the card limit has been exceeded, we may take into account the amount of any Card Transaction not yet debited to the Card Account and of any authorisation given by us to a third party in respect of a prospective Card Transaction.

4.             OPERATING YOUR CARD ACCOUNT

4.1          DEBITING OF CARD ACCOUNT

We may debit your Card Account with the amount of all Card Transactions. In addition, we may debit your Card Account for unauthorised transactions referred to in Clause 6.3 below. We shall re-credit your Card Account with a corresponding amount where we had previously debited your Card Account for any card transaction for which you are not liable.

4.2          OVERDRAWN CARD ACCOUNT

We may at our discretion allow your Card Account to be overdrawn. We may charge an overdraft charge based on the amount of the overdrawn balance existing at any time on your Card Account. We may debit the overdraft charge to your Card Account monthly or at such other intervals as we may determine. You shall on demand pay such amount overdrawn, together with such charges as may be prescribed by us from time to time. Under no circumstances shall this be construed as the granting of any credit facilities to you.

4.3          CHANGE OF DESIGNATED CARD ACCOUNT

Should we approve any request by you to designate another account in place of your existing Card Account for the purposes of this Agreement, the card account nominated by you shall become the designated Card Account. The change shall take effect from any date that we may determine. Until and unless we have approved the change of your designated Card Account, this Agreement shall continue to apply to any card transactions for which amounts have been set-aside to the previous Card Account.

4.4          RETENTION OF CARD ACCOUNT BALANCES

Even if we have agreed otherwise in any other agreement relating to the Card Account either with you alone or with any other person(s); we shall be entitled to retain the balance on your Card Account for up to ninety (90) days after the date when your Card Account is closed or terminated (whether by you or by us). Our rights under this Agreement shall not cease after the termination of the Card Account; and we have the right to continue debiting your Card Account with overdraft charges (if any) and/or Card Transactions effected before or after the closure or termination of the Card Account. Your liability (and the liability of all other persons, if any, in whose name the Card Account is maintained) to us under this Agreement for any balance due to us shall continue.

5.             CHARGES AND FEES

5.1          CASH WITHDRAWAL FEE

Cash Withdrawals may be obtained at counters and automated teller machines of banks and financial institutions in and outside Singapore which accept the Card, up to such limit as may be determined by such banks or financial institutions from time to time. We may debit your Card Account with a fee stated in our pricing guide for each Cash Withdrawal. We may choose to waive such fee without giving notice.

5.2          OTHER CHARGES

In addition to the above, we may also debit your Card Account where applicable for the following charges (unless specifically waived by us) stated in our pricing guide including but not limited to:

1. an annual fee or a non-refundable service fee for the maintenance of your Card and/or Card Account;
2. an administrative fee for production of documents and an administrative fee for any replacement card or documents relating to your card;
3. a cancellation fee for "no show reservations" and a charge for cancelling or failing to fulfil an airline or hotel reservation secured through your Card; and
4. a service charge/administration fee any action taken by us in carrying out any of your instructions and/or requests relating to your Card Account, whether such service or action is referred to or contemplated in this Agreement or otherwise.

5.3          GOODS AND SERVICES TAX

You shall be responsible for all goods and services tax and all taxes imposed on or payable in respect of any amount required to be paid under this Agreement. We may debit the amount of such tax to your Card Account.

5.4          CHARGES RESULTING IN OVERDRAWN ACCOUNT

We shall be entitled to debit your Card Account in respect of any sum owed by you to us (whether incurred as Card Transactions, fees, charges or otherwise) even if your Card Account would be overdrawn as a consequence.

6.             LOSS/THEFT/MISUSE OF CARD/DISCLOSURE OF PIN

6.1          DUTY TO PREVENT LOSS/THEFT/FRAUD

You must keep your Card secure and ensure that your Card and Card Account number and PIN are not disclosed to any other person.

6.2          DUTY TO NOTIFY US

Should you discover that your Card is lost, stolen or used in an unauthorised way, you shall notify us of the loss/theft or unauthorised use by calling our Customer Service Hotline or by notifying us in writing. In certain circumstances, we may also require you to make a police report accompanied by written confirmation of the loss/theft/misuse/disclosure and any other information that we may require.

6.3          LIABILITY FOR LOST/STOLEN CARDS

You shall not be liable for any transactions carried out after we have been notified of the loss/theft/disclosure. However we shall debit the relevant Card Account for all Card Transactions (including Cash Withdrawals) carried out before we are notified of the loss/theft/disclosure, even if such transactions were carried out without your authorisation

                6.4          CARD RETRIEVED

Once the Card has been reported as lost or stolen it must not be used if subsequently retrieved. You shall cut such retrieved original Card into pieces and return the same to us. Any Card that is thrown away or surrendered or returned to us must be cut into pieces. You shall be liable for any loss or damage arising from any failure to do so.

6.5           REPLACEMENT CARD

We may at our discretion issue a replacement Card upon such terms and conditions as we may deem fit, and we reserve the right to charge a replacement fee as set out in our pricing guide in respect of any lost or stolen Card. Such card replacement fee shall be debited to the Card Account and shall not be refundable for any reason whatsoever.

7.             TERMINATION OF USE OF CARD AND CARD ACCOUNT

7.1          OUR RIGHT TO TERMINATE

We may suspend or terminate your Card and/or Card Account(s) at any time.

7.2          YOUR RIGHT TO TERMINATE

You may terminate your Card Account(s) at any time by giving us written notice.

7.3          OBLIGATIONS UPON TERMINATION

Upon the termination of your Card Account(s) for whatever reason, you shall not continue to use your Card(s). Your obligations under this Agreement will continue and we shall remain to be entitled to debit your Card Account for overdraft charges as well as Card Transactions that are carried out before or after the termination of your Card Account. Until such transactions and any overdraft charges that may be imposed in the manner stipulated in Clause 4.2 above are paid in full, you (and any other person, if any, in whose name the Card Account is maintained) shall remain liable to us.

8.             YOUR LIABILITY

You shall be liable for, and shall pay, us, on demand, the balance due to us on your Card Account, including all charges debited to your Card Account in accordance with this Agreement or any other agreement between you (whether alone or jointly with any other person or persons) and us.

9.             EXCLUSIONS AND EXCEPTIONS

9.1          CARD AND PIN

We are not liable in any way:

1. should your Card or PIN be rejected by a merchant or any terminal used to process Card Transactions or if we refuse for any reason to authorise any Card Transaction;
2. for any malfunction, defect or error in any terminal used to process Card Transactions, or of other machines or system of authorisation whether belonging to or operated by us or other persons;
3. for any delay or inability on our part to perform any of our obligations under this Agreement because of any electronic, mechanical system, data processing or telecommunication defect or failure, Act of God, civil disturbance or any event outside our control or the control of any of our servants, agents or contractors;
4. for any damage to or loss or inability to retrieve any data or information that may be stored in your Card or any microchip or circuit or device in your Card; and

e.            (i) for any loss, theft, use or misuse of the Card or disclosure of the PIN and/or any breach of this Agreement (ii) for any fraud and/or forgery of your signature (iii) for any injury to your credit, character and reputation in relation to our repossession or our request for its return (iv) for any delay in the release of any amount placed on hold on the Card Account (v) for any failure by us to follow payment instructions (including but not limited to GIRO or other standing payment instructions) given by you due to insufficient available funds in the Card Account or insufficient available funds arising from us putting amounts in the Card Account on hold or the delay in releasing such hold and (vi) any hold placed on the Card Account upon receipt of a request for authorisation of a Card Transaction or a notice of a Card Transaction or a request for payment (including but not limited to a request by electronic means) notwithstanding that such request or notice were unauthorised or forged or that the Card Transaction was not carried out or rescinded.

9.2          PROBLEMS WITH GOODS AND SERVICES

We are not liable in any way should you encounter any problems with the goods and services that you obtain through the use of your Card nor are we responsible for any benefits, discounts or programmes of any merchant that we make available to you. In spite of the non-delivery or non-performance or defects in any such goods and services, you shall pay us the full amount shown in the Card Account statement. If you have any complaint against a merchant, you shall resolve such dispute with such merchant. Any such dispute is between you and the merchant and we shall not be deemed to be a party to such dispute. We shall not be liable or responsible for the quantity, quality, merchantability, fitness for purpose or any other aspect of the goods and services supplied by a merchant to you or in respect of any contract or transaction entered into by such merchant with you connected with the use of the Card. We will credit the Card Account with the amount of any refund only on the receipt of the same supported by a credit voucher properly issued by the merchant.

10.          CONCLUSIVENESS OF DOCUMENTS AND CERTIFICATES

10.1        CONCLUSIVE EVIDENCE

Our records (including electronic, computer and microfilm stored records) of all matters relating to the Card, the Card Account and/or of you and any certificate from us stating your liability to us as at any specified date shall be conclusive of their accuracy and authenticity and shall binding on you for all purposes whatsoever.

10.2        STATEMENTS

We will send a Card Account statement to you on a monthly or other periodic basis but we reserve the right not to send any Card Account statement for any period during which the Card Account is inactive. The Card Account statement shall be conclusive evidence of the state of the Card Account between us and you shall also notify us if you discover any errors or inaccuracies in any Card Account statement. If you fail to inform us of any error or inaccuracy in the Card Account statement within seven (7) days from your receiving it, the contents of the Card Account statement shall be conclusive and binding on you.

11.          AMENDMENTS

11.1        AMENDMENTS TO THE AGREEMENT

We may at any time at its absolute discretion and upon written notice to you, change any one or more of the terms and conditions in this Agreement. Such change(s) shall take effect from the date stated in the notice, which in most instances, shall be no less than 30 days from the date of the notice. If you do not accept such change(s), you shall forthwith discontinue use of the Card and instruct us to terminate the Card. Where you continue to use the Card after such notification, you shall be deemed to have agreed with and accepted such change(s).

11.2        RIGHT TO VARY CHARGES AND FEES

We may at any time at its absolute discretion and upon written notice to you, change the prevailing rate and/or amount of any charges or fees payable by you as stated in our pricing guide. Such change(s) shall take effect from the date stated in the notice, which in most instances, shall be no less than 30 days from the date of the notice.

11.3        NOTIFICATION OF CHANGES

We may notify you of any changes to the terms and conditions in this Agreement by:-

a.             publishing such changes in your statements;

b.             displaying such changes at our branches or automated teller machines;

c.             posting such changes on our website;

d.             electronic mail or letter;

e.             publishing such changes in any newspapers; or

f.              such other means of communication as we may determine.

12.          DISCLOSURE OF INFORMATION

12.1        PARTIES TO WHOM DISCLOSURE MAY BE MADE

You consent for us to, whether before or after termination of the Card Account, disclose any information relating to you or your Card Transaction or Card Account ("Information") to (i) any third party as we may deem fit in our absolute discretion, including but not limited to our subsidiaries, branches, agents, correspondents, agencies or representative offices, (ii) any person authorised by you to operate the Card Account, (iii) any merchant, bank or financial institution, (iv) any credit bureau and/or its compliance committee and for such credit bureau and/or its compliance committee to disclose the Information to third party or parties, including but not limited to its member banks or financial institutions, (v) any government agency, statutory board or authority in Singapore or elsewhere, and (vi) any other person to whom we consider in our interest to make such disclosure.

12.2        WRITTEN PERMISSION

You agree that where your written permission is required by law or otherwise for any such disclosure by us, the signing of the Card application form and/or the signing of the Card and/or the usage of the Card shall constitute and be deemed to be sufficient written permission for such disclosure.

12.3        ADDITIONAL RIGHTS

Our rights under this Clause shall be in addition and without prejudice to other rights of disclosures available pursuant to the Banking Act, Chapter 19 of Singapore (as may be amended and substituted from time to time) or any other statutory provision and in law and nothing herein is to be construed as limiting any of these other rights.

13.          SET OFF AND CONSOLIDATION

13.1        EXTENT OF OUR RIGHTS

In addition to any other rights to which we may be entitled by law, we are entitled at our absolute discretion, at any time and without notice or liability, to combine or consolidate the Card Account with any account(s) maintained by you with us (wheresoever situated, including those in overseas branches, and whether such other account is held by you alone or jointly with others and whether or not such account is savings, current, time-deposit, structured deposit (whether or not such deposits have matured) or otherwise) and set-off or transfer any monies standing to the credit of such account(s) in or towards the full or partial discharge of any sum due from or owed by you to us.

13.2        SET OFF AND CONSOLIDATION INVOLVING FOREIGN CURRENCIES

Where any set off or consolidation undertaken by us involves the conversion of one currency to another, we shall make the necessary conversion at our prevailing currency exchange.

14.          COMMUNICATION AND SERVICE OF DOCUMENTS

14.1        COMMUNICATION

We may send any Card, notices, Card Account statements or any other communication to you by facsimile transmission, short message system (SMS), electronic mail, ordinary pre-paid post or personal delivery to your last known address. Communication and notices sent by facsimile shall be considered to have been sent and received by you on the same day. Communication and notices sent by pre-paid mail shall be considered to have been delivered on the day immediately after the date of posting if sent by post in Singapore, and considered delivered five (5) days after the date of posting if sent outside of Singapore.

14.2        SERVICE OF DOCUMENTS

We may serve you with a writ of summons, statement of claim or any other legal process or document requiring personal service by delivering it personally, sending it by ordinary post or by leaving it at your last known address (whether a post office address or private residence or business residence or otherwise). You will be considered to have been properly served on the date of delivery if we deliver process personally to you, or served on the next date after the date of posting if process is posted to you. In addition to these two (2) methods of service, we may serve you in any other method permitted by law.

15.          MISCELLANEOUS

15.1        INDEMNITY

You shall indemnify and keep us fully indemnified against all claims, demands, action, proceedings, losses, damages, costs and expenses of any nature (including legal costs on an indemnity basis) incurred, suffered or sustained by us, directly or indirectly, by reason of or in connection with this Agreement, including but not limited to:-

a.             breach of any provision of this Agreement on your part; and/or

b.             the enforcement or protection of our rights and remedies against you under this Agreement, or in obtaining or seeking to obtain payment of all or any part of the monies hereby agreed to be paid by you; and/or

c.             any change in any law, regulation or official directive which may have an effect on this Agreement.

15.2        TRANSACTIONS INVOLVING FOREIGN CURRENCY

If the currency of any Card Transaction is different from that which your Card Account is maintained, we shall be entitled to convert such transaction into the currency of your Card Account or any other currency at such rate(s) of exchange as we may determine; and debit your Card Account with the amount of the Card Transaction. We may charge, credit and debit, as applicable, all sums payable to us under this Agreement to your Card Account and for this purpose convert credits and charges incurred into the currency of your Card Account at such rate (s) of exchange as we may determine.

15.3        INSTRUCTIONS FROM YOU

We shall be entitled (but not obliged), at our sole discretion, to rely and act on any communication, requests or instructions which we believe in good faith to emanate from you (orally or in writing, in person or over the telephone or by facsimile or other means of telecommunication, genuine or with or without your consent or authority). Any action taken by us pursuant thereto shall bind you and we shall not be liable to you or any loss incurred or damage suffered by you as a result of such action. We shall not be under any duty to verify the identity of any person communicating purportedly as you or on your behalf.

15.4        PROVISIONS OF CARD ACCOUNT TO PREVAIL/CUMULATIVE REMEDIES

The provisions of this Agreement shall supplement and not replace the provisions of any agreement you may have us with respect to any Card Account, any other agreement(s) between us and you or any of our rights arising under any such agreement(s). In the event of inconsistency, this Agreement shall prevail with respect to the use of the Card. The remedies under this Agreement are cumulative and are not exclusive of the remedies provided under the law.

15.5        ADDITIONAL BENEFITS, SERVICES OR PROGRAMMES

We may provide at our sole discretion, any programme, scheme or plan from time to time with respect to the use or the promotion of the use of Card (the “Programme”). Such additional services where provided, do not form part of our legal relationship with you. Those additional services, benefits or programmes may be subject to their own terms and conditions. If you intend to derive any privilege or benefit conferred or offered under, you shall before ordering or making any purchase from any merchant involved or participating in the Programme, inform that merchant of your intention and present the Card to that merchant.

We may at any time and from time to time without prior notice and without assigning any reason:

a.         amend, modify, vary or withdraw the terms and conditions of any Programme and or any privilege or benefits offered or conferred under any Programme;

b.         suspend or terminate any Programme;

c.         restrict or exclude any merchant from participation or continuing to participate in any Programme.

Any privilege or benefit to be obtained from or conferred by any merchant under any Programme may be unavailable, suspended or withdrawn by that merchant at any time for any reason and whether temporarily or otherwise. We shall not be liable for any refusal of any merchant to extend or confer any privilege or benefit under any Programme for any reason whatsoever.

15.6        DELAY OF FAILURE TO EXERCISE RIGHTS

No forbearance or failure or delay by us in exercising any right, power or remedy is to be deemed a waiver or partial waiver thereof on our part; and no waiver by us of any breach of this Agreement on your part is to be considered a waiver of any subsequent breach of the same or any provision of this Agreement. We shall be considered to have waived our rights only if we specifically notify you of such a waiver in writing.

15.7        CHANGE OF CARD ACCOUNT NOT TO AFFECT PAYMENT ARRANGEMENT WITH OTHER FINANCIAL INSTITUTION

Should you make any arrangement with any financial institution for the credit of your Card Account, whether at regular intervals or otherwise, and should your Card Account be terminated and replaced with another Card Account whether because of loss of your Card or otherwise, such arrangement shall continue in relation to your new Card Account as from the date when the first Statement with respect to the original Card Account is sent to you.

15.8        GOVERNING LAW

This Agreement is subject to Singapore law and you hereby submit to the non-exclusive jurisdiction of the courts of Singapore. This Agreement shall be governed by the laws of Singapore. A person who is not a party to this Agreement has no right under the Contracts (Rights of Third Parties) Act (Cap. 53B) to enforce any term of this Agreement. Notwithstanding any term of this Agreement, the consent of any third party is not required to vary, release or compromise any liability or terminate any of the terms of this Agreement.