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Cardholder Agreement

Cardholder Agreement

Credit Card Agreement for BOB Financial Solutions Limited (BFSL) :

1. YOUR CREDIT CARD AGREEMENT WITH US

1.1. This document, and any future changes to it, is your contract with BOB Financial Solutions Limited (BFSL). We will refer to this document as your "Agreement" or "Credit Card Agreement"; these terms also include any changes made from time to time.

1.2. You shall be deemed to have unconditionally agreed to be bound by this Credit Card 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 immediately cut the Card diagonally and inform the BFSL Customer Support.

1.3. This Agreement is to be read and constructed with the Most Important Terms and Conditions (MITC), including its amendments and the declarations given by you along with the account opening application form. The MITC was provided to you as part of the Welcome Kit and its latest version is available on https://www.bobfinancial.com/

1.4. We reserve the right to amend this Agreement at any time, by adding, deleting, or changing provisions of this Agreement. All amendments will comply with the applicable notice requirements of law that are in effect at that time. The notice of amendment shall be communicated on our official website and the same shall be deemed as sufficient notice. It is your duty to make efforts to be aware of the changes made to this Agreement and the MITC, from time to time.

2. DEFINITIONS

a) 'You' and 'Your' shall mean the applicant whose name appears on the BFSL/BOB Card application form and includes your heirs, estate and assignees. 'Additional Cardholder' shall mean an individual issued a Card as per your instruction at our discretion.

b) 'BFSL', ‘We’ ‘Us’ and ‘Our’ shall mean BOB Financial Solutions Limited, a wholly owned subsidiary of Bank of Baroda having its registered office at 2nd Floor Baroda House Behind Dewan Centre, SV Rd, Jogeshwari, Mumbai, Maharashtra 400102, and shall include its successors and assignees.

c) 'Card' or 'Credit Card' shall mean a credit card issued by BFSL on a Card Account and which entitles a Cardholder to use the Card Account.

d) 'Cardholder' is an individual who holds a Card under this Agreement and shall mean a Primary Cardholder and, where appropriate the Additional Cardholder.

e) 'Card Account' shall mean an account opened and maintained by BFSL for the purpose of usage of the Card, under this Agreement.

f) 'Cash Withdrawal' shall mean any transaction whereby cash or cash equivalent is obtained by you by use of the Card/Card number.

g) 'Charges' or ‘Fee’ 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.

h) 'International transactions' mean the transactions entered into by you on your Card outside of India, Nepal and Bhutan.

i) '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.

j) 'Primary Cardholder' means a Cardholder in whose name the Card Account is maintained.

k) ‘RBI’ means Reserve Bank of India

l) 'Total Outstanding', 'Outstanding' or 'Outstanding Balance' (capitalised or not, in singular or plural) shall mean any and all amounts owed to us on the Card Account.

m) Section headings have been used to organize this Agreement. The headings are for reference purposes only.

3. CARD AND PIN

3.1. Once your application for a Card is approved, the Card will be mailed to your address registered in our records. Green PIN for the card will have to be generated by you. If you fail to register online and generate the PIN for more than 21 days from the date of issuance of your card, the PIN will be mailed to you in a separate mailer. PIN will be communicated to you entirely at your risk. You shall not disclose the PIN to any person and shall take all possible care to avoid its discovery by any person.

3.2. You may use your Card for making authorised purchases or obtaining cash advances. No other person is allowed to use the Card and/or PIN to make any transactions.

3.3. You shall be liable for all transactions made with the use of the PIN, whether with or without your knowledge. We reserve the right to refuse any transactions if it believes that the PIN is being misused or being used without appropriate authorisation.

3.4. 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 by us or you. Upon expiry or earlier cancellation, the Card may be renewed or reinstated at our sole discretion. On expiry, the Card must be destroyed by cutting it in half diagonally.

3.5. The Card is the property of BFSL and must be surrendered to us on request. We may initiate an upgrade/exchange/change of the Card without any prior notice and without assigning any reason.

4. USE OF CARD

4.1. The Card is valid for use in India and internationally as per usage restrictions, entitlements and other conditions stipulated by the RBI or any other Government authority from time to time.

4.2. 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.

4.3. You may not use or permit your card to be used to make any illegal transaction. You will only use your account for transactions that are legal where you conduct them. For example, Internet gambling transactions. Display of a Visa/MasterCard logo by an online merchant does not mean that an Internet transaction is legal where you conduct it. We may charge your account for such transactions. We will not be liable if you engage in an illegal transaction. We may deny authorization of any transactions identified as illegal or regulated by law like Internet gambling, buying of cryptocurrency etc.

4.4. You (including any Additional Cardholder) shall strictly comply with all requirements of the foreign exchange control/management regulations/ EXIM Policy issued by RBI from time to time and in the event of non-compliance, you will be liable for action under the applicable exchange control/ management regulations. Moreover, you may be debarred from holding the Card at the instance of RBI or us.

4.5. Use of the Card at Merchant Establishments will be limited by the credit limit assigned to you by us from time to time. In case of Additional Cards issued by us, 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, you will be charged an over limit fee at the prevailing rate. You must repay the excess immediately. The over limit fee is subject to change at our discretion. The credit limit may be revised from time to time at our discretion.

4.6. We may, at any time without prior notice, refuse authorisation for a Charge incurred at a Merchant Establishment, and/or restrict or defer the your 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 you are in violation of the exchange control/management regulations or any other applicable law or regulation.

4.7. The Card cannot be used for any purposes other than personal expenses. In the event that you are found to be in violation of this term, we will be constrained to block the Card with immediate effect.

4.8. You shall ensure that you maintain a detailed record of your transactions on the Internet. We are not obliged to make any independent verification with regard to order details provided by you and shall be entitled to rely on the details submitted by you on the Internet.

4.9. Some transactions may attract a service charge, in addition to the amount of the Charge, at certain Merchant Establishments. We may also levy charges for collection of cheques, maintenance of the Card Accounts, and for other services that may be rendered to you from time to time.

4.10. You must collect the Charge slip, Cash Advance Slip or Mail Order Coupon at the time of incurring the Charge. Failure to sign a charge slip will not avoid liability for the Charges. You must retain your own copy of the charge slips. Copies of charge slips will not normally be provided by us. However, at our discretion, and upon your request, we may provide copies thereof subject to an additional charge.

4.11. In relation to Charges on account of mail order or telephone or electronic commerce (e.g. on the Internet) where a charge slip or voucher may not be available for signature, you accept that in the event of any dispute regarding the authenticity or validity of such a Charge, you will first clear your Outstanding on the Card and then endeavour to resolve the dispute directly with the concerned Merchant Establishment.

4.12. Any charge slip or other payment requisition (electronic or otherwise) received from a Merchant Establishment or any intermediary by us for payment shall be conclusive proof that the amount recorded on such charge slip or other requisition was properly incurred by the use of the Card by you. Should you choose to disagree with a Charge indicated in the monthly statement of account, the same should be communicated to us within 10 (ten) days of the statement date, failing which it would be construed that all Charges and the monthly statement of account are entirely in order.

4.13. 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 us or produced from data received by us electronically from the Merchant Establishment or from you or any intermediary, shall be conclusive evidence of that document or Charge for any purpose.

4.14. We 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, you should notify us of this complaint. We are 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 you with the Merchant Establishment and failure to do so will not relieve you of any obligations to us. The existence of a claim or dispute shall not relieve you of your obligation to pay all Charges and you agree to pay promptly such Charges, notwithstanding any dispute or claim whatsoever. No claim by you against a Merchant Establishment will be the subject of a set-off or counterclaim against us.

5. CREDIT LIMIT

5.1. We will, at our sole discretion, determine the credit limit and cash withdrawal limit (part of credit limit) for you (including the add-on cardholder/s). Credit limit and available credit limit will also be shown on the monthly bills. We may at our discretion and/or on your request, revise the credit limit from time to time.

5.2. We reserve the right to cancel, suspend or reduce the credit limit available to you at any time without prior notice, with or without assigning any reason.

5.3. Your credit limit can be cancelled automatically in the event of deterioration in your creditworthiness.

5.4. The outstanding on the card account must not exceed the credit limit at any time, failing which exceeding limit charges are applicable /may even lead to blocking of card.

5.5. In the event you make payment over and above the amount due as per the monthly bills, you shall not be entitled for interest on the credit balance and the same shall be adjusted against the amount due subsequently.

5.6. Credit limit and Cash limit are assigned to you is based on various factors including but not limited to our internal parameters, the credit history with the credit bureaus. On periodic review of the card account, we reserve the right to allow you to continue with the same / reduced limit. If you are seeking to have you limits enhanced, you can do so by writing to us and providing documents as required. We at our sole discretion may/may not increase the limit without assigning any reasons/ clarifications.

5.7. You agree that the credit limit will be reduced by such portion of the purchase price that is unpaid, although the same may not be posted to your Card Account as yet.

5.8. CHARGES/USE NOT TO EXCEED OVERALL CREDIT LIMIT: The total charges incurred by you under each Card Account by the Principal Cardholder and the Additional Cardholder(s) when added together, must not exceed the credit limit set for each Card Account.

5.9. We may, where necessary, review and alter any of your credit limits without notice.

5.10. The outstanding on the card account must not exceed the credit limit at any time, failing which you will be charged additional 1% over and above the sanctioned credit limit.

5.11. Transaction alerts received may not be assumed as a confirmation of transaction completion.

6. CASH WITHDRAWL LIMIT

6.1. You may use your Card to obtain cash advances only up to the limit determined by us from time to time.

6.2. This limit shall form part of your overall credit limit

6.3. You can use the credit card to withdraw cash from ATMs/cash dispensing locations in India or overseas in accordance with the compatibility of the credit card at the said ATM(s)/cash dispensing locations. A transaction fee shall be levied on all such withdrawals and would be billed to you in the next/forthcoming statement.

6.4. Further, cash withdrawal transactions shall also carry service charge from the date of transaction till the date of full payment.

7. RENEWAL

Renewal of Card: Unless requested by you, we shall automatically renew the card on expiry, except where:

a) the conduct of account is found to be unsatisfactory.

b) credit history as per the credit bureau is found to be unsatisfactory.

c) the outstanding dues are high.

d) contact details and/or KYC details are not updated by you.

e) Card is in blocked state

f) no transaction is observed in the card account in the past 1 year from the due date of renewal

8. CHARGE AND FEES

8.1. You confirm and acknowledge that, we have the absolute power to revise the fees and the same will not be challenged by you in any form or manner. You will make efforts to be aware of the various fees chargeable on your Card.

8.2. Fee as applicable is directly charged to your credit card account and is indicated in the bill.

8.3. RIGHT TO VARY CHARGES: We may vary with notice the rate or amount of any charge, fee or interest payable under this Agreement. The changes shall take effect on the date specified in the notice. Should you continue to keep or use the Card(s) after the specified date, you shall be considered to have accepted the changes.

8.4. Any reductions or waivers in the fees may be offered at our sole discretion.

8.5. Different Fees and Charges are as follows:

8.5.1. First Year Fees & Annual Fees

There are first year fees and annual fees applicable on the various credit cards issued by us for primary as well as add- on cards, subject to revision from time to time. First fee is a one-time charge and Annual fee is charged every year for renewal. These fees/charges vary for different cards. The applicable fee is communicated to you at the time of applying for the credit card. Further, fee as applicable is directly charged to your credit card account and is indicated in the bill. (Details under “TARIFF OF CHARGES” section of the MITC). Any reductions or waivers in the fees may be offered at our sole discretion.

8.5.2. Cash Withdrawal/Advance Fees

You can use your credit card to withdraw cash from ATMs/cash dispensing locations in India or overseas in accordance with the compatibility of the credit card at the said ATM(s)/cash dispensing locations. A transaction fee shall be levied on all such withdrawals and would be billed to you in the next/forthcoming statement. (Details under “TARIFF OF CHARGES” section of the MITC). Further, cash withdrawal transactions shall also carry service charge from the date of transaction till the date of full payment.

8.5.3. Service Charges

a. Service charges at applicable rates, are payable by you towards the services provided by us to you and/or for defaults/ delays committed in payments with reference to the card account.

b. We exclusively retain the right to alter any/all charges or fees from time to time or to introduce any new charges or fees, as it may deem appropriate, by issuing at least 30 days prior notice to you of such change in the charges or fees. It is clarified that the said change may be indicated/ communicated to you through our website exclusively.

c. Service charges are levied on monthly basis at applicable rate on the outstanding amount, on the due date until fully paid.

d. Service charges also accrue on

  • Cash withdrawal from the day of cash withdrawal
  • New Purchases, if the total outstanding is not paid by due date.
  • Exceeding limit - the charge will be applicable on the outstanding exceeding the sanctioned credit limit or on total outstanding balance in case of cancelled/ surrendered card.

e. Service charge payable is debited to card account on the last date of each statement period and is indicated in bill.

f. The service charges will continue to be levied till card outstanding is cleared in full.

g. For the service charges applicable refer “TARIFF OF CHARGES” section in the MITC.

9. COMPUTATION OF FEE AND CHARGE

The detailed explanation of how applicable fee and charges are calculated, along with illustrations, is provided in the MITC. You confirm to us that you have read the same.

10. BILLING CYCLE

10.1. A billing cycle is a time period that ends on a Statement Closing Date determined by us and begins on the day after the Closing Date of the previous billing cycle.

10.2. Your bill date is 1st of every month and due date is 20th of the same month.

10.3. Non- receipt of bill by you does not absolve you of your obligations and liabilities under this agreement and you shall be solely liable to settle the outstanding balance on the card within the due date.

10.4. It is your duty to make all enquiries about your bill.

10.5. Each monthly statement reflects a single billing cycle.

11. STATEMENT

11.1. For SMS alerts and e-bill facility, you should update your e-mail id and mobile number with us by sending an e-mail to crm@bobfinancial.com along with copy of self-attested photo ID proof. Billing Statement can also be downloaded by you on registering your card at https://online.bobcards.com

11.2. Duplicate monthly bills on specific request is provided by us. Duplicate bill charges as applicable will be debited in the subsequent bill.

12. MINIMUM AMOUNT PAYABLE

12.1. We offer revolving credit facility subject to regular payment of at least the minimum dues.

12.2. The total or minimum payment due amount is to be paid on or before the payment due date, as indicated in the bill. Bills/Statements can also be received on e-mail.

12.3. You may pay your total outstanding balance at any time. Each billing cycle, you must pay at least the Minimum Payment Due shown on your monthly statement by its Payment Due Date

12.4. Non-payment of the minimum amount due by the payment due date shall render you liable to risk of withdrawal or suspension (whether temporarily or permanently) of the credit facility. We may at our sole discretion also instruct the merchant establishment not to honour the credit card transaction.

12.5. You may pay more than the minimum amount due/ total outstanding balance before the payment due date. Payments can be made more than once during the billing period.

12.6. In the event of part payment the balance outstanding amount payable shall be carried forward to subsequent month which will attract service charges and taxes till the date of full and final payment.

13. METHOD OF PAYMENT

13.1. The payment may be made by way of Demand Draft, Cheque or Cash (at Bank of Baroda branches only) or online through bill desk (NEFT/RTGS/IMPS mentioning the 16-digit credit card number). If you are a Bank of Baroda customer, you may pay through e-banking/M Connect+. Outstation cheque/drafts if received may attract processing fees which may be charged by bank at its sole discretion without notice. You may deposit cash payment at any of the Bank of Baroda branches.

13.2. In case of dishonouring of cheque, the card privileges may be suspended/terminated without notice and cheque return charges, as mentioned in the tariff of charges shall be levied to the card account, at our sole discretion as per prevailing rates. We also reserve the right to initiate any appropriate legal action.

13.3. Appropriations: The payments made by cardholders shall be appropriated in the order of EMI (Equated Monthly Installments), taxes, fee and other charges, service charges, cash withdrawal and retail usage.

13.4. Cardholder is advised to promptly communicate any change in billing address or contact numbers along with the documentary proof immediately to ensure receipt of bill/communications regularly and timely. The card holder shall be solely liable for any /all misuse that may arise due to wrong delivery of card, unless the new address has been communicated to us and confirmation of the same has been received from us.

13.5. Payment towards the card account may be made in any of the following ways:

i) Direct payment at Bank of Baroda branch.

ii) Auto Debit instructions (only for Bank of Baroda customers).

iii) Online payment i.e. bill desk/ VISA Money transfer/ Net Banking/ NEFT/ RTGS/ IMPS/ Instapay,etc

The cheque/draft should be made payable to “Bank of Baroda Card No. XXXX XXXX XXXX XXXX”. You are advised to mention your Name & contact nos. on the back side of cheque/demand draft.

14. BILLING DISPUTES

14.1. All contents of the statement will be deemed to be correct and accepted by you unless discrepancy/ irregularities if any is brought to our notice within 15 days from the date of the generation of statement date or within 45 days from the date of transaction.

14.2. The necessary action which may include rectification, if any will be done on the basis of merits of individual cases and after due investigation to our full and final satisfaction. Investigations conducted us shall be final and binding on you.

14.3. Disputes raised after the period as aforesaid, shall be accepted at our sole discretion.

14.4. Liability to clear outstanding dues shall not be affected merely by existence of a pending claim or a dispute between you and us.

15. CHARGEBACK AND CANCELLATION

15.1. Any transaction is dispute should be brought to our immediate knowledge in writing. It should be supported with proper evidence.

15.2. Chargeback is governed as per our internal policies and various international guidelines set up by card associations.

15.3. A purchase and a cancellation of goods/services, e.g. air/rail tickets, are two separate transactions. You 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 you. If a credit is not posted to the Card Account within a reasonable time, you must notify us within 30 (thirty) days of cancellation.

16. DEFAULT AND REPORTING

16.1. In-case of non-payment of minimum dues for by payment due date the card would be blocked and may be unblocked only after receipt of required payment. However, we reserve the right to withdraw the card facility or reduce the credit limit at its sole discretion without prior notice. In case of continued non-payment of card outstanding, we may cancel the credit card and the same may not be reinstated even after the dues are paid.

16.2. WHEN WE MAY REQUIRE IMMEDIATE REPAYMENT If you are in default, then in addition to our other remedies under this Agreement, we can require immediate payment of your total outstanding balance and, we can also require you to pay the costs we incur in any collection proceeding, as well as reasonable attorneys' fees if we refer your account for collection to an attorney who is not our salaried employee.

16.3. If you do not pay at least the minimum dues by the payment due date, the card will be reported (days past due) in the monthly submissions to the Credit Information Companies (CICs), authorized by the RBI. If any dues or outstanding payable by you to us hereunder remains due and payable, you shall be reported to the RBI or any other authority as per prevailing norm and, as required under the applicable regulations/laws. If requisite payment is made, the record will be accordingly updated in the subsequent monthly reporting to the CICs.

16.4. In case of your death/ permanent incapacitance, the entire outstanding balance (including unbilled transactions) will become immediately due and payable to us. Any outstanding in the credit card account shall be a legally binding and recoverable from your successors, beneficiaries, legal heirs and estate.

17. RECOVERY IN CASE OF DEFAULT AND ARBITRATION CLAUSE

17.1. In the event of default (if the minimum amount due is not paid by the payment due date or breach of any clause of you agreement), you will be sent reminder of any outstanding on the credit card account, by visit, post, fax, telephone, e-mail, SMS messaging and/ or through third parties appointed for collection purpose to remind, follow-up and collect dues.

17.2. Without Prejudice to the rights available to us under prevailing legislation, all dispute including but not limited to the differences and/or claims/dues arising at any time during its subsistence or thereafter between the parties arising in respect of Card holder Agreement/ MITC/ Card issuance etc, hereof shall be settled by Arbitration, in accordance with the provisions of the Arbitration and Conciliation Act, 1996 and its subsequent statutory modification or re-enactment for the time being in force and shall be conducted by a mutually appointed sole arbitrator.

17.3. In absence of any recommendation from Cardholder for appointment of Arbitrator within 30 days from date of Notice for invoking arbitration, nomination recommended by us for sole arbitrator will deemed to have been accepted.

17.4. The Arbitration proceedings shall be conducted in English at a venue in Mumbai under Arbitration and Conciliation Act, 1996.

17.5. The decision of the Arbitrator shall be final and binding upon the parties.

17.6. In case of default in payment of the card outstanding, we, not limited to though, reserve the right to take legal recourse for collection of outstanding dues on the card account(s) apart from pursuing all other remedies available to it within the framework of the law of the land

18. YOUR DUTY OF CARE AND DILIGENCE

18.1. You promise and commit to pay all due you incur in use of your card, which includes all Cash withdrawals. You also promise to pay us all the amounts of interest charges, fees, and any other transactions charged to your Card account.

18.2. Each billing cycle, you must pay at least the Minimum Due shown on your monthly statement by its Due Date. You may pay your total outstanding balance at any time.

18.3. YOUR CREDIT CARD AND YOUR MOBILE PHONE OR OTHER MOBILE DEVICES: Smart phones, tablets or other mobile devices (a "mobile device") can download, store, and/or access account information, for instance through a mobile wallet, that may enable you to use the mobile device to purchase goods or services, make a balance transfer, or make a cash advance.

In certain instances, those transactions will replicate using your card to make a transaction on the internet with your computer. In other instances, the phone or mobile device will act as if it were a credit card itself. Applications that enable your mobile device will have unique terms governing those applications. Read them carefully. Transactions made through those applications are governed by this Agreement.

When your credit card account information is accessible by your mobile device, it is important that you treat your mobile device with the same care you would your credit card. For example, you should secure your mobile device against unauthorized access. Keep in mind, if you give someone your phone, or other mobile device, that can be the same as giving that person your credit card.

18.4. DUTY TO NOTIFY US: Should you discover that your Card is lost, stolen or used or PIN or any detail or particular of your Card or Card Account is stolen, disclosed or used in an unauthorised way, you shall notify us immediately of the loss, theft or unauthorised use by calling our Customer Service at 1800 225 100 / 1800 103 1006 (24 x 7 All India Toll Free) or SMS to +91 9323803935 or by email at wbc@bobfinancial.com. You can also block credit card through https://online.bobcards.com (if registered). You will be required to make a police report accompanied by written confirmation of the loss/theft/ disclosure and any other information that we may require.

18.5. RECOVERY OF LOST/STOLEN CARD: If you recover the lost or stolen Card, you must immediately destroy it by cutting it diagonally and ensuring that the magnetic tape is destroyed.

18.6. LIABILITY FOR LOST/STOLEN CARDS: If your Card is lost or stolen or if the PIN is disclosed without your authorisation, your liability for unauthorised transactions may be limited if:

  • you have immediately notified us of the loss, theft or unauthorised disclosure;
  • you assist us in the recovery of the unauthorised charges incurred;
  • you furnish us with a police report accompanied by written confirmation of the loss, theft or unauthorised disclosure and any other information that we may require; and
  • we are satisfied that such loss, theft or unauthorised disclosure is not due to your negligence or default.

You shall not be liable for any transactions carried out after we have been notified of the loss, theft or disclosure and the card is blocked.

18.7. DUTY OF RESPECTABLE BEHAVIOUR: Fraud and/or abuse relating to your card will result in termination of the card account and all outstanding (including all unsettled and unbilled transactions) will become immediately due. You will not resort to provocative and unparliamentary language or rude and disruptive behaviour, cause distress and impact on morale and efficiency when interacting with our authorised representatives. We must inform you with heavy heart, if you are found to be offensive in your interaction with us, we will be required to close your card account and recover all outstanding from you immediately.

18.8. DUTY TO SAFEGUARD: You must not share any details pertaining to your card with any third party.

18.9. DUTY TO NOTIFY US WHEN YOU CHANGE YOUR ADDRESS AND MOBILE NUMBER: You must notify us promptly when you change your address and mobile number. We may also change your address if so notified by associates, CICs and other agencies.

19. BALANCE TRANSFERS

19.1. We may, at its sole discretion, permit from time to time, you to transfer your Outstanding balances (“Balance Transfer/s”) on other credit cards and credit facilities availed by you 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 us. By choosing to avail of the Balance Transfer facility, you authorize us to make payments to companies / financial institutions so designated. We, however, reserves its absolute right to refuse any Balance Transfer request. You must continue to meet your obligations in respect of your existing credit facilities, balances of which are the subject of Transfer hereunder, until you have received a written intimation from us that the Balance Transfer request has been accepted and payments have been made to the companies/financial institutions so designated. We will not be liable for any new charges, overdue payments or interests incurred on other credit cards/facilities. We may, in its discretion, stipulate additional terms and conditions from time to time.

20. EQUATED MONTHLY INSTALMENTS (EMI)

20.1. The Credit Card transactions of INR 2500 and above will be eligible for conversion to EMI. The EMI facility is not applicable for cash withdrawals, card fees and Gold and Jewellery.

20.2. EMI facility is available to you at our sole discretion. We reserve the rightto accept or reject the EMI request.

20.3. EMI facility is available for various months. You may call the 24*7 credit card customer care number regarding interest rates, processing charges, pre closure charges.

20.4. Once approved and processed EMI request cannot be cancelled. The interest rate and processing fees confirmed at the time of booking will be applicable. Tenure confirmed at the time of booking cannot be changed.

20.5. Monthly payment dues include EMI, interest and applicable taxes on the interest amount of the EMI. These monthly payment dues will be billed in the monthly statement starting from the immediate billing cycle date and be part of the Minimum Payment Due appearing in your monthly credit card statement or as decided by us from time to time.

20.6. The first EMI shall be billed on the first billing date for the Credit Card that falls post the date of the transaction on the Credit Card that is being converted into EMI as per the EMI plan.

20.7. All billing of EMIs in the subsequent months shall be on the billing date of the Credit Card for that month.

20.8. A transaction can be converted to EMI only before it is billed.

20.9. Credit limit to the extent of the transaction value shall be blocked. It will be released in proportion of repayment done by you.

21. INSURANCE

21.1. We may take various insurance covers from time to time for your benefit. The cover amount shall be decided at our sole discretion and we reserve the right to continue/ withdraw the facility without notice.

21.2. Insurance facility is available to primary cardholders only.

21.3. Insurance Cover is extended only in case of Accidental Death of Primary cardholder. You understand that natural death is not covered under the policy.

21.4. No separate policy copy or document will be provided to you.

21.5. The amount of the cover may vary from year to year depending upon the type of cover taken for the particular year. (For details of existing policy, please refer to our website www.bobfinancial.com

21.6. In case of cards having no usage, the facility of insurance coverage would be discontinued from the 2nd year onwards.

21.7. No insurance is payable for blocked/ cancelled/ irregular card account.

21.8. In the event of settlement of claim by the insurer, the claim amount shall be first adjusted against the outstanding credit card dues, if any and the administrative charges as under:

Administrative Charge (<) Amount (<) Particulars
1000 if usage in thecard is observed
2000 If no/less usage in the card is observed

21.9. The adjusted claim sum as referred above shall be released to the person, as may be nominated by you from time to time, excluding other family members.

21.10. In other case the amount may be released to your legal heirs, subject to receipt of satisfactory proof of their inheritance and other documents, as may be required by the insurer from time to time.

21.11. You shall take utmost care to nominate one of your family members for getting the settled claim, if any. We shall not take any responsibility for the delay caused, if any, in releasing the claim amount, for want of proper documents/ nominee.

21.12. We are taking insurance from various insurers for your benefits. In the event of rejection of claim by the insurer, we shall not be liable to settle the claim on behalf of the insurer. We shall not be responsible for any dispute arising due to claim settlement.

21.13. It is clarified that for matter relating to settlement of insurance claims, we are acting as a facilitator only and in any case, the same shall be decided between the insurer and you.

21.14. The liability to clear outstanding dues shall not be affected merely by existence of a pending claim or a dispute between you and the insurer.

21.15. In the event of non-clearance of outstanding dues by you/nominee, as the case may be, we reserve our right to not to entertain any request/ correspondence towards insurance settlement.

21.16. We may charge a nominal fee (subject to one-month prior notice) for extending the insurance cover to you, if you opt to avail the facility.

21.17. Insurance is optional and a subject matter of solicitation.

21.18. You further acknowledge that the insurance cover so provided will be available to you 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.

21.19. You hereby authorize us to require the insurance company to settle any Outstanding on your Card Account before payment of any compensation or claim to your heirs, nominees, beneficiaries, etc., under the insurance policy.

21.20. Insurance Related queries / claims can be sent to insurance@bobfinancial.com

22. REWARDS AND PRIVILEGES

You acknowledge that the privileges, benefits, redemption programme and facilities attached to your Card may be revised /changed/suspended/withdrawn by us at its own discretion at any time without liability to you.

Termination of this Cardholder Agreement shall result automatically in the termination of such privileges, benefits and facilities. We shall not be liable in any way to you for any defect or deficiency in any privileges, benefits or facilities provided by third party suppliers or Merchant Establishments.

23. THIRD PARTY OFFERS/DISCOUNTS

23.1. We do not guarantee and make any representation about the usefulness, worthiness, quality and/or character of the discount / benefit or of the Products/Services offered or marketed by any third party.

23.2. Any tax or other liabilities or charges payable to the government or any other statutory authority/body or any participating establishment, which may arise or accrue to you due to provision of the Offer, shall be solely bore by you.

23.3. All issues / queries / complaints / grievances relating to the Offer, if any, shall be addressed to the third directly. The existence of a dispute, if any, regarding the Offer shall not constitute a claim against us and shall be addressed directly to the third party.

23.4. We reserve the right to modify/ change all or any of the terms applicable to the various offers made available without assigning any reasons or without any prior intimation whatsoever. We also reserve the right to discontinue the offers without assigning any reasons or without any prior intimation whatsoever.

24. LOSS/THEFT/MISUSE OF YOUR CARD

24.1. You should block the card immediately through (if already registered for the portal access) or call on 1800 225 100 / 1800 103 1006 (24 x 7 All India Toll Free) or SMS to +91 9323803935 or email at wbc@bobfinancial.com and report the loss / theft / misuse of credit card/, not received when due so that the card is blocked immediately.

24.2. We are not liable or responsible for any transactions incurred on the card prior to the time of reporting of the loss of the card to us and you will be wholly liable for the same.

24.3. In addition to notifying us about the loss or theft of the Card, you must report any theft or misuse of the Credit Card(s) to the Police and lodge a FIR.

24.4. You will, however, be liable for all losses when someone obtains and misuses the Card or PIN with your consent or negligence.

24.5. We may, without referring to you or any Additional Cardholder, give the police or other relevant authorities any information that we consider relevant about the loss, theft or misuse of a Card or PIN. However, release of information, investigation, reports etc to you shall be at our sole discretion.

24.6. In order to get a replacement card, you should send an email request to wbc@bobfinancial.com

25. TERMINATION/SUSPENSION

25.1. The privileges of the Card may be suspended and the Card cancelled by us, either temporarily or permanently, at any time at our absolute discretion and without giving notice thereof to you or assigning any reason therefore. We 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. You shall agree to surrender the Card to us or our representative or a Merchant Establishment, upon being requested to do so either by us or our representative or by a Merchant Establishment. You 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.

25.2. You can close your Card Account at any time by terminating this Agreement by a written notice to us accompanied by the return of the Card cut in half diagonally and with full settlement of all Outstanding on the Card Account.

25.3. Upon termination of this Cardholder Agreement for any reason whatsoever, whether at the instance of you or ours, you shall remain liable for all Charges incurred by the use of the Card and all amounts/Outstanding shall be due and immediately payable

25.4. You specifically acknowledge 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 our discretion. You also acknowledge that the aforementioned takes precedence over any communication in this context that you might receive during the normal course.

25.5. 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 we shall be entitled to recover the same in accordance with the relevant laws in force.

25.6. When your account is closed, you must contact anyone authorized to charge transactions to your account, such as internet service providers, health clubs or insurance companies. These transactions may continue to be charged to your account until you change the billing. Also, if we believe you have authorized a transaction or are attempting to use your account after you have requested to close the account, we may allow the transaction to be charged to your account.

25.7. We may offer you certain benefits and services with your account. Any benefits or services are not a part of this Agreement, but are subject to the terms and restrictions outlined in the Benefits Guide and other official documents provided to you from time to time by or on our behalf. We may adjust, add, or delete benefits and services at any time and without notice to you.

26. PRIMARY CARDHOLDER AND ADD ON CARDS

We 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.

The Primary Cardholder shall be fully liable to us for all the Charges on his/her Card and also for those incurred by the Add on Cardholders. The Additional Cardholders shall be jointly and severally liable to BFSL 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 Add on Card(s) but will continue to remain liable for any Charges on such Add on Card(s).

27. JOINT AND SEVERAL LIABILITY

All persons including legal entities who are granted, accept, guarantee or use the card account in any capacity are individually and together responsible for the total outstanding balance.

28. MISCELLANEOUS

28.1. Auto Debit Authorization

28.1.1. You univocally authorize Bank of Baroda and us to debit any or all of your accounts (including joint accounts) every month for the minimum amount due and total amount due.

28.1.2. The above Debit authorization will continue in effect till the card account is closed and all outstanding paid in full.

28.1.3. You shall maintain sufficient funds in your Bank of Baroda accounts for the payments.

28.1.4. Notwithstanding this clause, it is understood that Bank of Baroda and we are extending such facility to make it convenient for and facilitate you to make periodic payments towards your credit card dues and it is further acknowledged by you that the onus to make such payments on the due dates vests solely and absolutely with the you without any liability on part of Bank of Baroda or us.

28.1.5. You acknowledge and confirm that Bank of Baroda may levie certain service charges for the said facility.

28.2. Cross Default

You confirm and acknowledge that any default by you in relation to any loan and/or financial instrument with any of the Bank of Baroda affiliate companies shall also be considered a default under this card agreement.

28.3. Cross Selling

Bank of Baroda affiliate companies (including designees) may approach you for certain products that they consider for your benefit and as suiting your needs.

28.4. Acceptance of Payments

We can accept late payments, partial payments, or payments with any restrictive writing without losing any of our rights under this Agreement. This means that no payment, including those marked with paid in full or with any other restrictive words, shall operate as an accord and satisfaction without the prior written approval of one of our senior officers. You may not use a postdated check to make a payment. If you do postdate a payment check, we may elect to honor it upon presentment or return it uncredited to the person that presented it, without in either case waiting for the date shown on the check. We are not liable to you for any loss or expense arising out of the action we elect to take.

28.5. We May Sell Or Assign Your Account: We may at any time, and without notice to you, sell, assign or transfer your account, any amounts due on your account, this Agreement, or our rights or obligations under your account or this Agreement to any person or entity. The person or entity to whom we make any such sale, assignment or transfer shall be entitled to all of our rights and shall assume our obligations under this Agreement, to the extent sold, assigned or transferred.

28.6. In the event of any inconsistency between different versions of this Agreement in different languages, the English version shall prevail.

29. INFORMATION AND PRIVACY

29.1. INFORMATION TO CIC: We have tied up with Credit Information Companies (CICs) authorized by the RBI and will share credit information including but not limited to the current balance, loans / EMI facilities linked to credit card (if availed), balance outstanding on credit card/ loan, payment history etc. along with the demographic details with these organizations on a monthly basis, as per the Credit Information Companies (Regulation) Act, 2005. The CICs only provide factual credit information and do not provide any opinion, indication or comment pertaining to whether credit should or should not be granted.

29.2. Notwithstanding anything contained hereinabove, we will not be held responsible for credit rating/report issued by the independent CIC to cardholder at any point of time.

29.3. It is in your best interest to maintain a good credit history by paying the necessary dues in a timely manner. Details of default would also be available with the CICs, which in turn could impact your credit worthiness.

29.4. We reserve our right to report you as delinquent to the CICs even in an instance of you raising a billing dispute which we have clarified as an invalid dispute earlier or the dispute being raised by you after the cut-off date, as defined by us, and/or the dispute is in relation to secured transactions where a PIN or 3D secure password was used.

29.5. We will provide the particulars of the card account to the statutory authorities, as may be required.

29.6. If you do not wish to receive any direct marketing or telecalling / SMS from us for other products, you may email us. You will continue to receive communication pertaining to the core features of the credit card. A soft copy of this MITC document, Card Member Terms and Conditions, relevant credit card guidelines and local regulations are available on our official website.

29.7. COLLECTING AND SHARING INFORMATION

You authorize us to collect information about you in order to conduct our business and deliver the quality service you expect, including information we receive about you, information we receive from third parties such as credit reporting agencies and information about your transactions with us and other companies. You authorize us to share such information about you or your account with our affiliates and others.

29.8. TELEPHONE CALLS: CALLING, MONITORING AND RECORDING

You consent to and authorize us, any of our affiliates, or its marketing associates to monitor and/or record any of your telephone conversations and other electronic communications with our representatives or the representatives of any of those companies for reasonable business purposes including security and quality assurance. We will not remind you that we may be monitoring or recording a call at the outset of the call unless required by law to do so. Where you have provided a cell phone number directly to us, you consent and agree to accept servicing calls and text messages to your cell phone from us. For example, we may place calls to you about fraud alerts or amounts you owe us (collection calls) on your account. For any telephone or cell phone calls/communications we place to you, you consent and agree that those calls may be automatically dialled including pre-recorded messages or texts.

30. JURISDICTION

This Agreement is made in Mumbai. This Agreement is governed by the laws of India and the Courts of Mumbai have the sole jurisdiction over any claim, dispute or proceeding related to this Agreement.

31. SEVERABILITY

If any provision of this Agreement is found to be invalid, the remaining provisions will continue to be effective.

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