Credit Cards

Overview

• What does EVO stand for?
  EVO stands for EVOLUTION – an evolution of normal plastic credit cards to a stylishly crafted designer card for youths.


• What do you mean by "designer card"?
  The EVO card sports a cool transparent metallic black design and was the first in the country to be equipped with a palladium chip to match. A design that had an overwhelming positive response among the younger generation.


• What is the EVO card all about?
  The RHB EVO Credit Card is a lifestyle card targeting the young and young at heart, providing them a credit card that is both stylish and functional.


• Which brand is the EVO card?
  EVO cards come in 2 brands. The EVO Visa card and EVO MasterCard card. You may choose to own either one or both.


• What is the Reward Points programme for EVO cardmembers?
  EVO cardmembers can enjoy the same Reward Points of RM1 = 1 Reward Point. In addition to that, a multitude of other privileges await EVO cardmembers.


• How much is the minimum and maximum credit limit for EVO?
  EVO’s credit limit starts from a minimum of RM3,000. The maximum credit limit depends on the applicant’s eligibility subject to the prevailing credit policies.


• What is the minimum income requirement to apply for EVO?
  EVO is open to individuals with a minimum annual income of RM18,000. To apply, you must be at least 21 years old to be a Principal cardmember and 18 years old to be a Supplementary cardmember.


• What is the joining fee for EVO?
  EVO cards are offered FREE.


• What are the annual fees for EVO?
  The table below summarizes EVO’s annual fee structure:
  
  

  Annual Fee	Principal	Supplementary
  EVO Visa card	RM100	RM50
  EVO MasterCard card	RM100	RM50
  Combined cards	RM150	RM75

Terms and Conditions

Definitions and Interpretation

• In this Agreement including the recital, unless the context otherwise requires, the following words and expressions shall have the following meanings :
  
  
  1. ATM means any automated teller machine of RHB Bank or VISA Member Bank or MasterCard Member Bank.
  
  
  2. Cancellation Bulletin means any cancelled card list issued by RHB Bank or VISA Member Bank or MasterCard Member Bank from time to time consisting of all account numbers that have been invalidated by RHB Bank or VISA Member Bank or MasterCard Member Bank.
  
  
  3. Card means any VISA Card or MasterCard Card issued by RHB Bank to a Cardmember and shall unless otherwise provided include a Supplementary Card (if any) and shall where the context so permits include any one or more of such cards.
  
  
  4. Card Application Form means the application form signed by the Cardmember in respect of the application for a Card, which contains or refers to the terms and conditions in this Agreement.
  
  
  5. Card Account means a Cardmember's VISA Card or MasterCard Card account or accounts to which all payments for purchases of goods, services and/or Cash Advances effected by the use of the Card by the Principal Cardmember and Supplementary Cardmember (if any) and all annual fees, handling charges and additional charges, finance charges and/or late payment charges are debited and shall where the context so permits include any one or more of such accounts.
  
  
  6. Card Limit means the credit limit imposed by RHB Bank on the Principal Cardmember and any Supplementary Cardmember (if any) at any one time for the use of the Card, and which credit limit shall be set by RHB Bank from time to time and notified by RHB Bank to the Cardmember in writing from time to time.
  
  
  7. Card Statement means a Card statement for all Card Account belonging to the Principal Cardmember and the Supplementary Cardmember (if any).
  
  
  8. Cardmember means a person who has applied for and is issued with a Card bearing his name and shall unless otherwise provided include a Supplementary Cardmember (if any) and shall where the context so permits include any one or more of such persons.
  
  
  9. Cash Advance means a cash withdrawal from any Card Account at any of the designated branches of RHB Bank, participating branches of VISA Member Bank or MasterCard Member Bank or designated ATMs.
  
  
  10. Cash Advance Fee means a service fee charged for each Cash Advance transaction by the Cardmember.
  
  
  11. MasterCard means MasterCard International, with its principal office at 2000, Purchase Street, Purchase, New York 10577-2509, United States of America.
  
  
  12. MasterCard Member Banks mean banks and financial institutions that are members of MasterCard.
  
  
  13. Merchant means establishments or merchants who accept the Card as a form of payment for goods and services and such payment shall be charged to the relevant Card Account.
  
  
  14. Month means a calendar month.
  
  
  15. Payment Due Date means the date on which a payment is due.
  
  
  16. PIN means the personal identification number issued on the Card.
  
  
  17. Principal Card means any principal VISA Card or MasterCard Card issued by RHB Bank to a Principal Cardmember.
  
  
  18. Principal Cardmember means a person who has applied for and is issued with a Principal Card bearing his name.
  
  
  19. RHB Bank means RHB Bank Berhad (Company No. 6171-M), a company incorporated in Malaysia under the Companies Act, 1965 and having its registered address at Level 8, Tower 3, RHB Centre, 426 Jalan Tun Razak, 50400 Kuala Lumpur, Wilayah Persekutuan, Malaysia.
  
  
  20. RHB Bank Card Centre means the Credit Card Department of RHB Bank at 18 Jalan Tun Tan Siew Sin, 50050 Kuala Lumpur, Wilayah Persekutuan, Malaysia (Telephone No: 603-92068118).
  
  
  21. Statement Date means such date determined by RHB Bank for the Card Statement.
  
  
  22. Supplementary Card means any supplementary VISA Card or MasterCard Card issued by RHB Bank to a Supplementary Cardmember.
  
  
  23. Supplementary Cardmember means any person who has applied and is issued a Supplementary Card with his name on the Card and authorised by the Principal Cardmember to operate a Card Account and shall where the context so permits include any one or more of such persons.
  
  
  24. VISA means VISA International Service Association, with its principal office at 3125, Clearview Way, SanMateo, CA94402, United States of America.
  
  
  25. VISA Member Banks mean banks and financial institutions that are members of VISA.


• Where there is a Supplementary Cardmember, agreements, covenants, terms, stipulations and undertakings expressed to be made by and on the part of the Principal Cardmember and/or the Supplementary Cardmember, whether in this Agreement or otherwise, in respect of the Principal Card, the Supplementary Card and/or the Card Account shall be deemed to be made by or binding upon the Principal Cardmember and such Supplementary Cardmember jointly and severally save and except that any Supplementary Cardmember shall not be jointly or severally liable for the debts of the Principal Cardmember or other Supplementary Cardmembers notwithstanding any provisions in this Agreement.


• Words importing the masculine include the feminine and neuter genders and vice versa.


• Words denoting persons include corporations, and vice versa, and also include their respective heirs, personal representatives, successors in title or permitted assigns, as the case may be.

Acceptance of Card

• In consideration of RHB Bank issuing the Principal Card to the Principal Cardmember and any Supplementary Card to any Supplementary Cardmember (if any), the Cardmember agrees to abide and shall in the case of a Principal Cardmember, cause each and every Supplementary Cardmember (if any) to abide by the terms and conditions in this Agreement and such other terms and conditions amendments and/or additions as RHB Bank may, in its sole and absolute discretion, prescribe from time to time.


• The use of the Card is restricted to the Cardmember to whom the Card is issued for use at designated Merchants, ATMs and banks and financial institutions authorised to accept VISA Cards or MasterCard Cards (as the case may be) as a mode of payment. The Cardmember agrees and undertakes to sign on the back of the Card immediately upon receipt of the Card.


• Words importing the masculine include the feminine and neuter genders and vice versa.


• The Cardmember shall not transfer or otherwise part with the control or possession of the Card nor use it for any purpose unauthorised by RHB Bank.


• For the purpose of effecting ATM transactions with the Card, RHB Bank will issue a PIN upon the Cardmember's request and deliver it to the Cardmember at the Cardmember's own risk. The PIN is strictly confidential and should not be disclosed to any person under any circumstances or by whatever means. The Cardmember acknowledges and agrees that he shall be fully responsible and liable for all transactions effected by the use of the PIN whether with or without the knowledge or authority of the Cardmember and shall indemnify and keep RHB Bank fully indemnified against all consequential losses, expenses or claims suffered by or brought against RHB Bank.


• The Cardmember shall comply with all the requirements, directions, instructions and guidelines for the use of other Card issued by RHB Bank at its sole and absolute discretion from time to time.


• In the event that the Cardmember does not wish to be bound by this Agreement, the Cardmember shall cut the Card in half and in the case of a Principal Cardmember, procure the Supplementary Cardmember (if any) to cut the Supplementary Card in half and return the same immediately to RHB Bank, with a written notice that he is returning the Card for cancellation provided always that the Cardmember shall continue to be bound by and be liable under the terms and conditions of this Agreement until the Card and the Supplementary Card (if any) are received by RHB Bank Card Centre and duly cancelled. Notwithstanding the cancellation of the Card, the Cardmember shall also continue to be liable for all obligations incurred prior to such cancellation as well as for any and all antecedent breaches of this Agreement.

Use of Card

• The Principal Cardmember shall be liable to RHB Bank on all transactions effected by the Principal Cardmember and the Supplementary Cardmember (if any) using the Card and the Supplementary Card respectively and for all related charges billed to the Card Account. Notwithstanding anything else to the contrary herein contained and without prejudice to the generality of the foregoing, the foregoing liability of the Principal Cardmember shall continue to subsist notwithstanding the termination of this Agreement.


• A Supplementary Cardmember (if any) shall only be liable to RHB Bank on all transactions effected by such Supplementary Cardmember using his Supplementary Card and for all charges billed to the Card Account(s) related to such Supplementary Card or the use of the same. Notwithstanding anything else to the contrary herein contained and without prejudice to the generality of the foregoing, the foregoing liability of the Supplementary Cardmember shall continue to subsist notwithstanding the termination of this Agreement.


• To effect a credit purchase from any Merchant or a Cash Advance from a VISA Member Bank or MasterCard Member Bank by using the Card, the Cardmember shall sign a Sales Draft or Cash Withdrawal Draft, prepared by the Merchant and/or VISA Member Bank or MasterCard Member Bank, as the case may be. RHB Bank shall be absolutely entitled and is hereby unconditionally authorised by the Cardmember to purchase from the Merchant and/or VISA Member Bank or MasterCard Member Bank all Sales Draft and Cash Withdrawal Draft executed by the Cardmember and to debit the Cardmember's relevant Card Account for the amount paid by RHB Bank for such purchase.


• Notwithstanding the provision set out in clause 3.3, the Cardmember hereby unconditionally authorises RHB Bank to purchase his unsigned Sales Drafts or Cash Withdrawal Drafts and debit his Card Account for the payments made by RHB Bank to the Merchant or VISA Member Bank or MasterCard Member Bank for such purchase, if RHB Bank is of the opinion based on satisfactory documentary evidence, that the omission is due to the nature of the transaction or due to an oversight on the part of the Cardmember and/or the Merchant and/or VISA Member Bank or MasterCard Member Bank. For the purposes of this clause 3.4, any determination by RHB Bank whether such omission is due to the nature of the transaction or due to an oversight on the part of the Cardmember and/or the Merchant, VISA Member Bank or MasterCard Member Bank or otherwise shall be binding and conclusive on the Cardmember.


• RHB Bank shall be entitled to treat RHB Bank's record of any transaction effected by the use of the Card including but not limited to transactions effected through the internet or any other means acceptable to RHB Bank in its sole and absolute discretion from time to time, or by mail orders or via telephone, as evidence of a debt properly incurred by the Cardmember to be debited to the relevant Card Account notwithstanding that any such record may not contain any signature of the Cardmember.


• RHB Bank shall at its sole discretion assign a Card Limit to the relevant Card Account that must be strictly observed by the Principal Cardmember and the Supplementary Cardmember, if any.


• Notwithstanding the Card Limit, a Cardmember is only allowed to use the Card for any Cash Advance provided the amount of the Cash Advance does not exceed 50% of the available Card Limit or such other limit as determined by RHB Bank at its sole and absolute discretion from time to time.


• RHB Bank shall at its sole discretion assign a Card Limit to the relevant Card Account that must be strictly observed by the Principal Cardmember and the Supplementary Cardmember, if any.


• If the Principal Cardmember operates two or more Card Accounts, a combined Card Limit will be assigned to the Card Accounts representing the total credit limit extended to cover the use of all Cards held by the Principal Cardmember and Supplementary Cardmember, if any.


• Notwithstanding the fact that the assigned Card Limit and a combined Card Limit shall have been set for the relevant Cardmember, RHB Bank may at any time at its discretion vary such a limit or restrict or refuse or withhold the Cardmember's credit without prior notice to the Cardmember and without the need to assign any reason whatsoever for such variation of the Card Limit or for the refusal or withholding of the Cardmember's credit and the Cardmember hereby acknowledges and confirms that RHB Bank shall not be liable in any manner whatsoever to the Principal Cardmember and/or the Supplementary Cardmember, if any, as a result of RHB Bank exercising its rights under this clause 8.


• The Cardmember hereby agrees and covenants that he shall not exceed or permit to be exceeded his Card Limit and/or combined Card Limit (as the case may be) without the prior written consent of RHB Bank and shall immediately upon the receipt of the Card Statement and/or such other notices from RHB Bank, pay to RHB Bank in full the amount in excess of the Card Limit and/or the combined Card Limit (as the case may be), (if any), together with any fees or charges imposed by RHB Bank for exceeding the Card Limit and/or combined Card Limit (as the case may be) (if any), and in addition, in the event the Card Limit or the combined Card Limit (as the case may be) is exceeded, whether with or without the knowledge of RHB Bank, the Cardmember shall also be liable to the full extent of such amount in excess of the Card Limit or the combined Card Limit and the Cardmember hereby confirms and acknowledges that nothing herein contained in this clause 9 shall be construed as a waiver of any of RHB Bank's rights under this Agreement.


• RHB Bank shall not be liable for any mistake, error, act or omission on the part of the Merchant including but not limited to any refusal by the Merchant to honour the Card or any defect or deficiency in any goods or services provided by the Merchant or any statement, representation or communication made by or purportedly made by the Merchant. The Cardmember shall resolve all complaints, claims and disputes or legal proceedings against the Merchant directly and not through RHB Bank. The Cardmember undertakes not to enjoin RHB Bank in any such claim and/or dispute or legal proceedings against the Merchant. Any claim/dispute which the Cardmember may have against the Merchant shall not relieve the Cardmember of the obligation to pay RHB Bank the amount incurred on the Card at such times and in the manner as provided under this Agreement.


• The Cardmember may apply to use the Card to effect ATM transaction. Such usage will be subject to RHB Bank's terms and conditions for ATM transaction that are in force from time to time and/or the terms and conditions of the participating VISA Member Bank or MasterCard Member Bank which are in force from time to time in addition to the terms and conditions in this Agreement.


• The Cardmember agrees that where the Cardmember enjoys other banking facilities with RHB Bank and if in the sole and absolute opinion of RHB Bank, if any of the other banking facilities or this Card facility is not conducted in a manner satisfactory to RHB Bank, RHB Bank is entitled at its sole and absolute discretion without any liability whatsoever to suspend, cancel or recall the Card without prior notice to the Cardmember and without the need to assign any reason whatsoever thereto. In the event RHB Bank suspends, cancels or recalls the Card, the provisions of Clauses 4 and 5 of Suspension, Cancellation or Termination shall apply in the same way with the necessary changes, being varied according to the circumstances of the case.


• The Cardmember hereby agrees and covenants that he shall not use or permit the Card to be use for any unlawful activities including but not limited to illegal online gambling. In the event RHB Bank shall discover that the Card is or was used for such unlawful activities, RHB Bank is entitled without any liability whatsoever to suspend, cancel or recall the Card without prior notice to the Cardmember and without the need to assign any reason whatsoever thereto.

Supplementary Card

• At the request of the Principal Cardmember, RHB Bank may at its sole discretion and subject to the Supplementary Cardmember executing the necessary documents and/or agreements required by RHB Bank in its absolute discretion, issue a Supplementary Card to a Supplementary Cardmember.


• RHB Bank may collect from either the Principal Cardmember or the Supplementary Cardmember the whole of the outstanding balances in any or all of the Card Accounts related to the Supplementary Card without giving up any of its rights against the Principal Cardmember or the Supplementary Cardmember.


• The Supplementary Card may be cancelled upon notification in writing by the Cardmember to RHB Bank. The notice shall be accompanied by the Supplementary Card which shall be cut in half and returned to RHB Bank provided always that both the Principal Cardmember and the Supplementary Cardmember shall continue to be bound by and be liable under the terms and conditions of this Agreement in respect of the Supplementary Card until RHB Bank has actually received the Supplementary Card and cancelled the same. Notwithstanding the cancellation of the Supplementary Card, the Principal Cardmember and the Supplementary Cardmember shall also continue to be liable for all obligations incurred in respect of the Supplementary Card prior to such cancellation.


• The Principal Cardmember undertakes and warrants to RHB Bank that the Principal Cardmember shall ensure that each Supplementary Cardmember observes and performs, in addition to any other agreements which may be entered into between RHB Bank and the Supplementary Cardmember, all the terms and conditions of this Agreement on the part of the Principal Cardmember to observe and perform in the same way with the necessary changes, being varied according to the circumstances of the case as though such Supplementary Cardmember is a party to this Agreement save and except that a Supplementary Cardmember shall not be jointly or severally liable for the debts of the Principal Cardmember or other Supplementary Cardmembers.


• RHB Bank shall not be liable to the Cardmember for any losses or claims suffered by or brought against the Cardmember arising as a result of or in consequence of the failure of the Cardmember to return or cause to be returned the Supplementary Card cut in half upon the cancellation of the same.


• Save and except where otherwise expressly provided, where a Supplementary Cardmember has executed a Card Application Form or where this Agreement is intended to bind a Supplementary Cardmember, the Supplementary Cardmember agrees, acknowledges and confirms that unless otherwise provided, all the covenants of the Principal Cardmember shall be binding on the Supplementary Cardmember as though the Supplementary Cardmember is named as the Principal Cardmember herein and that all references to the term "Cardmember" in this Agreement shall be deemed to refer to the Supplementary Cardmember unless the reference is repugnant to the context herein or unless otherwise provided.

Overseas Transactions

• The Cardmember may use the Card outside Malaysia at VISA or MasterCard Merchants, VISA Member Bank or MasterCard Member Bank or VISA or MasterCard ATMs.


• All international or overseas Card transactions including any Cash Advance shall be subject to the laws of the country where the transaction is done.


• For all transactions performed outside Malaysia RHB Bank shall charge the Cardmember in the official currency of the country in which the transaction is done and such charges shall be converted into Malaysian Ringgit at such exchange rate as determined by RHB Bank and/or VISA or MasterCard at its sole discretion and any determination of the exchange rate shall, save and except for manifest error, be conclusive and binding on the Cardmember.


• Whenever applicable, the Cardmember shall comply with the Exchange Control Regulations issued by Bank Negara Malaysia and all other relevant laws and the Cardmember shall be solely liable for any infringement of such regulations or laws.

Card Account

• RHB Bank shall maintain a Card Account for the Principal Cardmember and each of his Supplementary Cardmember for each Card held and all transactions effected by the use of the Card and all fees and charges shall be debited to the relevant Card Account.


• A Card Statement stating the transactions posted to the Card Account shall be sent to the Cardmember monthly or at such intervals as RHB Bank may deem fit, on the Statement Date.


• All records and entries in the Card Statement shall be deemed correct and binding on the Cardmember unless the Cardmember notifies RHB Bank in writing of errors (if any) in the Card Statement not later than 10 days from the date of the Card Statement provided that nothing herein in this clause 6.3 shall be construed as affecting the Cardmember's obligations to make the required payments as indicated in the Card Statement under Clauses 7 and 11 of this Agreement until and unless RHB Bank makes any necessary adjustments and entries. Notwithstanding anything else to the contrary, RHB Bank shall have the right at any time to make any necessary adjustment and entries to correct any errors or omissions in any Card Statement.


• The Cardmember is to advise RHB Bank promptly in writing of any changes of the Cardmember's residential address, telephone numbers or change of employment of the Cardmember.

Payment and Repayment

• Upon receipt of the Card Statement, the Cardmember shall pay to the Card Account the minimum payment due as set out below) or up to the outstanding balance shown on the Card Statement (the Outstanding Balance) on or before the Payment Due Date as stated in the Card Statement. The minimum payment due shall be :
  
  
  1. 5% (or such other amount or rate as may be determined by RHB Bank from time to time in its absolute discretion) of the total Outstanding Balance in the Card Account plus any previous balance due or RM50.00, whichever is higher; or
  
  
  2. Where the Outstanding Balance exceeds the Card Limit of the Cardmember, and the amount in excess of the Card Limit plus the amount due under clause 1(a), including any previous balance due; or
  
  
  3. Where the Card is operated as a charge card and repayment of the full amount of the Outstanding Balance is required monthly, the Outstanding Balance in the Card Statement.


• Where the Cardmember does not make payment of the Outstanding Balance (other than any Cash Advance) in full by the Payment Due Date, then RHB Bank shall be entitled to charge the Cardmember and the Cardmember shall be liable to pay finance charges as described in Clause 1(c) of Fees and Charges of this Agreement.


• Without prejudice to the generality of the foregoing, where the Cardmember fails, refuses or neglects to pay to RHB Bank an amount equal to or more than the minimum payment due above by the Payment Due Date, then, without prejudice to the other rights of RHB Bank herein contained in this Agreement, RHB Bank shall also be entitled to charge the Cardmember and the Cardmember shall be liable to pay late payment charges as described in Clauses 1(d) of Fees and Charges of this Agreement.


• All payments to the Card Account must be made in the billing currency in which the Card Statement is made. Payment by the Cardmember shall not be considered to have been made until the relevant payments have been received for value by RHB Bank. All payments by outstation cheques shall include the relevant inland exchange commission where applicable. Failure to include such commission shall entitle RHB Bank to debit the Cardmember's Card Account for the same.


• Any payment made by the Cardmember to the Card Account shall not be subject to any deduction whether for counter-claim and/or set-off against the Merchant, the VISA Member Bank or MasterCard Member Bank and/or RHB Bank, and shall be applied in the manner as RHB Bank may in its absolute discretion deem fit. The Cardmember hereby irrevocably disables himself when making payments to the bank from appropriating such payment towards the Outstanding Balance or any part thereof and further waives the effect of the provisions of Section 60 of the Contracts Act, 1950 and unreservedly gives RHB Bank the right of appropriation of all payments made by or on behalf of the Cardmember pursuant to this Agreement.


• The Cardmember covenants and undertakes that he shall make satisfactory arrangement for payments/repayments of his Card Account in accordance with the terms and conditions of this Agreement at all times, including without limitation to the times when the Cardmember is absent abroad.

Possession of Card

• RHB Bank may at its sole and absolute discretion and without any liability whatsoever, withdraw the Card and/or any of the services at any time without notice, and in such circumstances if it so deems fit to terminate the use of the Card by the Cardmember. In the event RHB Bank withdraws and/or terminates the use of the Card, the provisions of Clauses 4 and 5 of Suspension, Cancellation and Termination shall apply in the same way with the necessary changes, being varied according to the circumstances of the case.


• The Card remains the property of RHB Bank at all times and the Cardmember shall immediately return to RHB Bank the Card cut in half when requested to do so or if the use of the Card by the Cardmember is cancelled or suspended.

Lost or Stolen Card

• The Cardmember shall take all reasonable precautions to prevent loss or theft or unauthorised use of the Card or the disclosure of the PIN to any person under any circumstances or by whatever means. In the event of any loss or theft or unauthorised use of the Card or the disclosure of the PIN to any unauthorised person, the Cardmember shall immediately notify the RHB Bank Card Centre as soon as possible. A police report should be made for the lost or stolen Card or unauthorised use of the Card and a copy extended to RHB Bank Card Centre.


• The Cardmember shall be liable for all transactions incurred from unauthorised use of the Card until a report of the loss or theft or unauthorised use has been received by RHB Bank Card Centre.


• The Cardmember's maximum liability for unauthorised transactions as a consequence of a lost or stolen Card shall be confined to a limit as specified by RHB Bank, which shall not exceed RM250, provided the Cardmember has not acted fraudulently or has not failed to inform RHB Bank as soon as reasonably practicable after having found that his Card is lost or stolen.


• RHB Bank is entitled to and may impose and may recover any amount on the Cardmember for unauthorised transactions due to lost or stolen Card which is in excess of the maximum liability limit of RM250 if it is proven that the Cardmember has acted fraudulently or failed to inform RHB Bank as soon as reasonably practicable after having found that his Card is lost or stolen.


• RHB Bank is under no obligation to issue a replacement Card following the loss or theft or unauthorised use of the Card. In the event RHB Bank issues a replacement Card, RHB Bank shall be entitled to impose any such conditions and impose such fees or charges as RHB Bank may deem fit in its sole and absolute discretion.

Suspension, Cancellation or Termination

• RHB Bank may at any time and at its absolute discretion without any liability whatsoever cancel or revoke any Card or suspend or restrict the use of any Card by the Principal Cardmember or any Supplementary Cardmember (if any) under the Card Account without notice and without the need to assign any reason whatsoever, thereto, notwithstanding that the Principal Cardmember or such Supplementary Cardmember may not be in breach of this Agreement or any other terms and conditions governing the use of the Card or otherwise.


• In addition and without prejudice to the rights of RHB Bank under Clause 1, RHB Bank may at any time, with or without notice cancel or revoke the Card or suspend or restrict the use of the Card by the Principal Cardmember and/or any Supplementary Cardmember (if any) under the Card Account (whether such Card Account is current or otherwise) upon the occurrence of any of the following :
  
  
  1. If the Cardmember defaults in the payment of any monies to be paid in the manner as provided in this Agreement;
  
  
  2. If the Cardmember exceeds his Card Limit and/or combined Card Limit (as the case may be);
  
  
  3. If the Cardmember breaches or threatens to breach any of the terms or conditions of this Agreement;
  
  
  4. If the Cardmember dies or becomes insane;
  
  
  5. If the Cardmember commits an act of bankruptcy or allows a petition for bankruptcy or judgement/order against him to remain against him for more than thirty (30) days;
  
  
  6. An event of default (howsoever referred to) as provided in any other agreements entered into by the Cardmember with RHB Bank or any other bank, financial institution or credit company in respect of any other banking or credit facility or facilities granted by RHB Bank or any other bank, financial institution or credit company (as the case may be) occurs or is threatened;
  
  
  7. A distress or execution or other process of a court of competent jurisdiction is levied or issued against any of the properties or the Cardmember and such process is not satisfied or withdrawn within seven (7) days thereof;
  
  
  8. After credit check, RHB Bank is of the opinion that its position is insecure or jeopardized, even though the Card Account may be current;
  
  
  9. Any particulars, information or details furnished by the Cardmember to RHB Bank in the Card Application Form or from time to time is untrue, incorrect or misleading or has since become untrue, incorrect or misleading;
  
  
  10. Any event or events occur or a situation exist which could or might, in the opinion of RHB Bank prejudice the ability of the Cardmember to perform his obligations under this Agreement; or
  
  
  11. if the Cardmember uses the Card for any unlawful activities including but not limited to illegal online betting.


• The Principal Cardmember may terminate this Agreement by returning the Principal Card and the Supplementary Card (if any) cut in half to RHB Bank Card Centre and until the Principal Card and such Supplementary Card are received by RHB Bank Card Centre, the liability of the Principal Cardmember and Supplementary Cardmember (if any) as set out in this Agreement shall continue to subsist. Such termination shall be without prejudice to the liabilities of the Principal Cardmember and the Supplementary Cardmember as set out in this Agreement for all monies owing to RHB Bank prior to the date termination as well as for any and all antecedent breaches of this Agreement.


• Upon cancellation, recall, or suspension of the Card, all monies owing to RHB Bank by the Principal Cardmember and any Supplementary Cardmember, shall become due and payable immediately and the Cardmember shall immediately upon demand by RHB Bank, settle in full to RHB Bank all monies and outstanding under this Agreement by the Principal Cardmember and Supplementary Cardmember respectively in respect of the Card, any Supplementary Card and under the Card Account (as applicable).


• The Principal Cardmember and/or Supplementary Cardmember hereby agrees that in the event the Principal Card and/or Supplementary Card is recalled, cancelled, suspended or revoked, RHB Bank may place the Principal Card and/or Supplementary Card number on the Cancellation Bulletin and circulate it to all Merchants and/or VISA Member Bank or MasterCard Member Bank.


• The Cardmember shall indemnify and keep RHB Bank fully indemnified for any loss, damage, costs, expenses, fees, charges (including without limitation to RHB Bank's legal fees on a solicitor and client basis as well as the debt collector's fees, if any) which RHB Bank may suffer or incur in enforcing or attempting to enforce any or all of its rights herein contained in this Agreement against the Principal Cardmember and/or the Supplementary Cardmember, including without limitation to RHB Bank's right to payment under this Clause 10 save and except that any Supplementary Cardmember shall not be jointly or severally liable for the debts of the Principal Cardmember or other Supplementary Cardmembers.


• RHB Bank shall not be liable for any losses, damages, costs, expenses or claims of any kind whatsoever suffered by or brought against the Principal Cardmember or the Supplementary Cardmember (if any) in respect of any non-renewal, cancellation of the Principal Card and/or the Supplementary Card or any revocation, suspension, restriction on the use of the Principal Card and/or the Supplementary Card by the Cardmember and/or the Supplementary Cardmember or non-availability of the Principal Card and/or the Supplementary Card facilities (whether on a temporary or a permanent basis) for any reason whatsoever, including without limitation to any listing of the Principal Card or the Supplementary Card on the Cancellation Bulletin referred to in Clause 5.

Fees and Charges

• The Cardmember agrees to pay and authorises RHB Bank to debit his Card Account (or where there are more than one Card Account, any one or more of them) for the following fees and financial charges :
  
  
  1. Annual fee as prescribed by RHB Bank for the relevant Cards issued or renewed which fee shall be determined or varied by RHB Bank from time to time. The annual fee shall not be refundable.
  
  
  2. Cash Advance fees at the prescribed rate charged on the cash amount withdrawn or a minimum of RM10.00 whichever is higher. The Cash Advance fee shall be debited to the Card Account at the date of the Cash Advance. In addition to the Cash Advance Fee, a finance charge at the rate of 1.5% per month (or such other amount or rate as may be determined by RHB Bank from time to time in its absolute discretion) calculated on a daily basis (both before as well as after judgment) from the date the Cash Advance is made until full payment is received and credited into the Card Account. Cash or gambling chips obtained from casinos shall be treated as Cash Advance.
  
  
  3. Where the Outstanding Balance is not fully paid by the Payment Due Date, finance charges at a rate of 1.5% per month calculated on a daily basis (both before as well as after judgment) shall be levied on the Outstanding Balance of the preceding Card Statement remaining unpaid by the Payment Due Date.
  
  
  4. Late payment charge of 1% per month (or such other amount or rate as may be determined by RHB Bank from time to time in its absolute discretion) of previous month's minimum payment due or RM5.00 whichever is higher, if the Cardmember fails to make the minimum payment due by the Payment Due Date stated in the Card Statement.
  
  
  5. Returned Cheque Fee of RM100.00 on each dishonoured cheque deposited to the Card Account.
  
  
  6. Service Fee of RM20.00 per copy in relation to any request by the Cardmember for a duplicate copy of the Sales Draft by the Cardmember.
  
  
  7. Legal fees costs and other expenses (including without limitation to any debt collector's fee) which may be incurred by RHB Bank in the enforcement of RHB Bank's rights and entitlement under this Agreement and the recovery of all or any part of monies owed by the Cardmember to RHB Bank in the Card Account.
  
  
  8. Replacement Card Fee of RM50.00 for each replacement Card issued.
  
  
  9. Fee of RM5.00 for each additional Card Statement requested by the Cardmember.
  
  
  10. A fee of RM50 will be charged whenever the total outstanding balance including all charges levied by the bank exceeds the combines card limit.
  
  
  11. Any other fees and charges imposed by RHB Bank from time to time for the services and facilities rendered to the Cardmember.


• The aforesaid fees or charges may be varied at the sole and absolute discretion of RHB Bank and such variation shall take effect from the date specified by RHB Bank in the notice to the Cardmember. The foregoing notice to the Cardmember can be incorporated into the Card Statement and shall be deemed to be good notice to the Cardmember.


• Subject always to the provisions of this Agreement and without in any way affecting the Cardmember's obligation to pay and/or repay the amounts covenanted to be paid as stipulated in this Agreement, if any cash advances fees, finance charges or any other fees, costs or charges (including without limitation to RHB Bank's legal fees, on a solicitors and client basis as well as the debt collector's fees, if any) remains unpaid after the day the same ought to have been paid, then in every such case the advance fees, finance charges or any other related cost or charge (including without limitation RHB Bank's legal fees and costs, on a solicitors and client basis) shall at the expiration of the month on which the same ought to be paid or such other period that RHB Bank may decide, be capitalised and added for all purposes to the outstanding debit balance in the relevant Card Account and shall thereafter attract finance charges at a rate of 1.5% per month or such other amount or rate as may be determined by RHB Bank from time to time in its sole and absolute discretion (both before as well as after judgment) and all powers and remedies conferred to RHB Bank under this Agreement shall equally apply to such capitalised arrears and to the finance charges on such arrears.

General

• RHB Bank reserves the right to vary, add to or delete the terms and conditions of this Agreement from time to time and may notify the Cardmember of any such alterations or publish any change of such terms and conditions before the effective date in any manner, as it considers appropriate. The Cardmember will be bound by such alterations and where the Cardmember is not in agreement with such alterations and amendments, the Cardmember may terminate the use of the Card by giving prior written notice to RHB Bank and return the Card cut into half to RHB Bank Card Centre immediately, whereupon the provisions of Clauses 4 and 5 of Suspension, Cancellation or Termination shall apply in the same way with the necessary changes, being varied according to the circumstances of the case. Notwithstanding anything else to the contrary, the Principal Cardmember and the Supplementary Cardmember (if any) shall continue to be bound by and be liable under the terms and conditions of this Agreement until the Principal Card and the Supplementary Card (if any) are received by RHB Bank Card Centre and duly cancelled. The Principal Cardmember and the Supplementary Cardmember (if any) shall also continue to be liable for all obligations incurred prior to such cancellation as well as for any and all antecedent breaches of this Agreement.


• Retention or use of the Card after the effective date of any change of terms and conditions of this Agreement shall be deemed to constitute acceptance of such changes without reservation by the Cardmember.


• The Cardmember expressly, irrevocably and unconditionally agrees and consents that any information obtained relating to the Cardmember as a consequence of this and any other application and agreement, which the Cardmember may have provided to or with RHB Bank or any company within RHB Bank's Group of Companies, may be shared by RHB Bank and any such Company within RHB Bank's Group of Companies and the Cardmember further irrevocably and unconditionally consents to RHB Bank disclosing any information relating to Cardmember, the account(s) of the Cardmember with RHB Bank and/or any record, book, register, correspondence or other documents or material relating to the affairs of the Cardmember to any party or parties as RHB Bank may see fit in its absolute discretion.


• In addition to and without prejudice to the generality of clause 3, RHB Bank may at all times obtain from or exchange with or release to :
  
  
  1. Any Merchant, participating Financial Institution, VISA, MasterCard, any member institution of VISA or MasterCard which accepts the Card and any member of VISA and/or MasterCard;
  
  
  2. RHB Bank's group of companies, its agents and/or independent contractors (including any debt collector), servants and/or associates, any person rendering professional services to RHB Bank or such other person or party or parties as RHB Bank deems necessary in its absolute discretion or as required by law; and/or
  
  
  3. Bank Negara Malaysia, Cagamas Berhad, the credit bureau or central bureau established by Bank Negara Malaysia and such other authorities pursuant to any applicable law, regulations or directive (whether having the force of law or otherwise);
  
  
  any information with respect to the Cardmember, the accounts of the Cardmember with RHB Bank, the Card Statement, the use of the Card and the financial affairs of the Cardmember for such purposes and in such manner as may be deemed appropriate by the aforesaid companies, organisations, bodies or authorities including but not limited to the disclosure to other banks or financial institutions for the purpose of assessing the Cardmember's credit worthiness, or for the purpose of assisting other banks or financial institutions to assess the Cardmember's eligibility to obtain and/or maintain banking or other credit facilities; and similarly, the parties referred to in Clauses 4(a), 4(b) and 4(c) may at all times disclose any and all information pertaining to the Cardmember to RHB Bank.


• The Cardmember confirms and agrees that :
  
  
  1. no further permission or consent from the Cardmember is necessary or required in relation to all of the disclosures in Clause 3 and 4 and execution of the application form for the RHB Bank Card and acceptance of these terms and conditions shall constitute the consent required pursuant to Section 99(1)(a) of the Banking and Financial Institutions Act 1989 and any other contractual consent for such disclosures;
  
  
  2. any disclosure by RHB Bank of the information referred to in Clause 3 and 4 will not render RHB Bank liable to the Cardmember for any claim, loss, damage (including direct and indirect damages or loss of profits or savings) or liability howsoever arising whether in contract, negligence, or any other basis arising from or in relation to the release or disclosure of the information by RHB Bank and/or the information being incorrect, erroneous or misstated and/or reliance of the information, whether caused by RHB Bank or other third party's omission, misstatement, negligence or default; and
  
  
  3. RHB Bank and/or any of the parties referred to in Clauses 4(a) and 4(b) having any information with respect to the Cardmember, the accounts of the Cardmember with RHB Bank, the RHB Bank Card Statement, the use of the RHB Bank Card and the financial affairs of the Cardmember may send to the Cardmember any information and/or offers and/or promotional materials on any products, services and other opportunities including but not limited to any information and/or offers and/or promotional materials on products, services and other opportunities for purposes of sales and marketing and promotions, whether by post, electronic mail, short messaging service and/or any other mode as deem fit by RHB Bank and/or any of the parties referred to in Clauses 4(a) and 4(b).


• This agreement shall be governed by and construed in accordance with the laws of Malaysia and the Cardmember irrevocably submits to the non-exclusive jurisdiction of the Courts of Malaysia.


• Accounts maintained by RHB Bank in connection with the Card, the Supplementary Card if any, and the Card Account and any statement including but not limited to any statement signed by an officer of RHB Bank and any Card Statement, which is computer generated and does not require any signature, shall (save for manifest error) be conclusive evidence of the amounts, including without limitation to any late charges, from time to time owing by the Cardmember to RHB Bank under or in connection with this Agreement.

Notices

• Any notice, demand, statement or other document to be given under this Agreement and all other communications between the parties with respect to this Agreement shall be in writing and may be given or sent by :
  
  
  1. Hand;
  
  
  2. Ordinary post, certificate of post, registered post or other fast postal service; or
  
  
  3. Telex, facsimile or other electronic media,
  
  
  to the other party and at the addresses or facsimile transmission numbers set out in Card Application Form or the last known address of the parties or such other person, addresses or facsimile transmission numbers as either party may give notice of to the other. Notwithstanding anything else to the contrary, any notice to be given to the Cardmember or the Supplementary Cardmember can be incorporated into the periodic Card Statement issued to the Cardmember or the Supplementary Cardmember (as the case may be).


• All such notices and documents shall be in the English language or in the Malay language.


• Notwithstanding the provisions of Clause 1, a notice pursuant to Clause 1 of Lost or Stolen Card may be given to the RHB Bank Card Centre either verbally or in writing in accordance with the provisions of Clause 1.


• In proving the giving of the notice or any document under or in respect of this Agreement it shall be sufficient to show :
  
  
  1. In the case of ordinary post, registered post or other fast postal service, that the notice or other document has been duly addressed and posted; or
  
  
  2. In the case of certificate of post, the acknowledgement issued by or of the post office that the notice or other document has been duly posted; or
  
  
  3. In the case of facsimile transmission or telex or other electronic media, was duly transmitted from the despatching terminal as evidenced by a transmission report generated by the despatching terminal.


• All such notice demand, statement or other document to be given under this Agreement and all other communications between the parties with respect to this Agreement shall, in the case of RHB Bank, only be deemed to have been received at the time of actual receipt by RHB Bank and in the case of the Cardmember, be deemed to have been received by the Cardmember at the times stated herein below, whether or not it is in fact so received or received at all where given :
  
  
  1. By hand, at the date of despatch;
  
  
  2. By registered post or other fast postal service, by second (2nd) day after despatch; or
  
  
  3. By way of telex, facsimile transmission or other electronic media, at time of transmission.


• Without prejudice to any other forms of service allowed in law, the service of any writ, summons, statement of claims or any legal process in respect of or arising out of this Agreement may be effected on the Cardmember by forwarding a copy of the writ, summons, statement of claim or other legal process by prepaid registered post to its address stated in Card Application Form or to the last known address of the Cardmember notwithstanding that it may be returned undelivered by the post office.


• For the purpose of this Clause, no change in the address of the Cardmember or the Process Agent (if applicable) howsoever brought about shall be effective or binding on RHB Bank unless the Cardmember has given to RHB Bank actual notices of such change of address and nothing done in reliance of this Clause shall be affected or prejudiced by any subsequent change in the address of the Cardmember which RHB Bank has no knowledge of at the time the act or thing was done or carried out.


• Notwithstanding anything else to the contrary, if Process Agent is specified in the Card Application Form, service of any legal process on the Process Agent shall constitute good and effective service on the Cardmember. Without prejudice to any other forms of service allowed in law, in effecting service of any writ of summons or legal process in respect of or arising out of this Agreement on the Process Agent, the provision of Clause 6 shall apply in the same way with the necessary changes, being varied according to the circumstances of the case.

Appointment of Collecting Agent

• In amplification and not in derogation of RHB Bank’s right contained in this Agreement, RHB Bank shall have the right at its sole discretion and at the cost and expense of the Cardmember to appoint an agent of its choice to collect all and any sums due to RHB Bank from the Principal Cardmember and/or the Supplementary Cardmember under this Agreement.

Force Majeure

• Without prejudice to any of the provisions of this Agreement, the Cardmember agrees not to hold RHB Bank liable in the event that RHB Bank is unable to perform in whole or in part any of its obligations under this Agreement, attributable directly or indirectly to the failure of its obligation under this agreement, attributable directly or indirectly to the failure of any mechanical or electronic device, date processing system, transmission line, industrial dispute, electrical failure, any act beyond RHB Bank’s control or due to any factor in a nature of a force majeure. In the event that RHB Bank is not able to furnish the Cardmember with a Card Statement pursuant to Clause 2 of Card Account, for any period of time, the Cardholder’s liability for finance and other charges shall, nevertheless, continue to accrue and for the purpose of computing the interest payable to RHB Bank or establishing the due date of interest and principal, RHB Bank may select any day of the month as the monthly statement date.

Special Services

• If the Cardmember wishes to acquire, and RHB Bank agrees to provide, the Smart Instalment services, the Smart Move services and/or the Smart Pay services or such other special services from time to time introduced by RHB Bank (collectively the Special Services), the terms and conditions of this Agreement, this Clause and any other additional terms that apply to the relevant Special Services as requested by the Cardmember as specified by RHB Bank at its sole and absolute discretion from time to time shall apply.


• RHB Bank will provide the Special Services in accordance with :
  
  
  1. This Agreement;
  
  
  2. this Clause; and
  
  
  3. any other additional terms that apply to the relevant Special Services that apply to the Special Services as specified by RHB Bank at its sole and absolute discretion from time to time when:
     
     
     1. the Cardmember submits an application form for the relevant Special Service, if such a form is prescribed by RHB Bank;
     
     
     2. the application form, if any, is in form and substance satisfactory to RHB Bank and accompanied by the relevant documents required by RHB Bank and is received and accepted by RHB Bank.

Miscellaneous

• Any returned cheque in respect of cheque cashing or Cash Advance will be assigned by the relevant participating Financial Institution, Merchant or Representative Officers to RHB Bank and the Delivery of the Card Statement showing that the amount advanced in respect of such transaction is payable to RHB Bank shall be accepted as a valid and due notice of assignment by the relevant participating Financial Institution, Merchant or Representative Office.


• RHB Bank shall not be liable for failure to carry out its obligations due directly or indirectly to any acts of God, or force majeure, war (whether declared or undeclared), strike, riot, civil commotions, acts of terrorists, labour unrest, lock-out, fire, accident, breakdown of machinery or any matter beyond the control of RHB Bank.


• The Principal Cardmember and/or Supplementary Cardmember hereby agrees to waive and/or to release, and the Cardmember shall cause the Supplementary Cardmember to waive and release, RHB Bank from any claims or demands arising directly or indirectly from the withdrawal, cancellation or suspension of the Card including without limitation to any purported claim for defamation or losses whatsoever or for denial of any changes regardless of their standing or notwithstanding that the Card Account (or any one or more of them) may be in credit.


• The obligations of the Principal Cardmember and the Supplementary Cardmember shall be binding on the personal representatives, heirs, permitted assigns and successors-in-title of the Principal Cardmember and the Supplementary Cardmember respectively.


• The Cardmember authorises RHB Bank to renew the Card for the Principal Cardmember and the Supplementary Cardmember upon its expiry without the need for any further notice or authorisation from the Principal Cardmember and/or the Supplementary Cardmember. However, notwithstanding such authorisation RHB Bank shall be entitled at its absolute discretion, to withhold or to refuse to renew any Card.


• RHB Bank may at any time without notice combine or consolidate all or any of the accounts the Cardmember may have with RHB Bank and set-off or transfer any sum or sums outstanding to the credit of any one or more such accounts in or towards satisfaction of all the Cardmember's liabilities to RHB Bank.


• The Principal Cardmember and the Supplementary Cardmember shall declare to RHB Bank if any of their parent(s), spouse(s) and children is an employee of RHB Bank or RHB Bank's Group of Companies.


• Until the ultimate balance owing by the Cardmember to RHB Bank has been paid or satisfied in full, RHB Bank shall have a lien (with power of sale) on all property and assets of the Cardmember which may from time to time be in the possession of RHB Bank and a charge over all the Cardmember's stock, shares and other marketable securities from time to time registered in the name of RHB Bank and/or its nominees, as the Cardmember's nominees, whether the same be held for safe custody or security for other facilities granted by RHB Bank to the Cardmember or otherwise.


• The security liabilities and/or obligations created by this Agreement shall continue to be valid and binding for all purposes whatsoever notwithstanding :
  
  
  1. Any change by amalgamation, reconstruction or otherwise which may be made in the constitution of RHB Bank or of any company by which the business of RHB Bank may for the time being be carried on and shall be available to the company carrying on that business for the time being;
  
  
  2. The bankruptcy, death, legal disability or change of name of the Cardmember, in relation to any transaction whatsoever whether past, present or future.


• RHB Bank may assign or transfer all or any part of its rights under this Agreement but the Cardmember shall not assign or transfer all or any part of its rights under this Agreement or delegate its performance under this Agreement without the prior written approval of RHB Bank, and any assignment, transfer or delegation which is made without such prior written approval shall constitute a breach of this Agreement.


• Time wherever mentioned shall be of the essence of this Agreement.


• If at any time any of the provisions of this Agreement is or may become under any written law, or is found by any court or administrative body or competent jurisdiction to be, illegal, void, invalid, prohibited or unenforceable then, such provision shall be ineffective to the extent of such illegality, voidness, invalidity, prohibition or unenforceability but the remaining provision of this Agreement shall remain in full force and effect; and


• No failure or delay on the part of RHB Bank in exercising nor any omission to exercise any right, power, privilege or remedy accruing to RHB Bank under this Agreement upon any default on the part of the Cardmember shall impair any such right, power, privilege or remedy to be construed as a waiver thereof or any acquiescence in such default, nor shall any action by the Cardmember in respect of any default or any acquiescence in any such default, affect or impair any right, power, privilege or remedy of RHB Bank in respect of any other subsequent default.


• Knowledge or acquiescence by RHB Bank of or in any breach of any of the terms conditions or covenants herein contained shall not operate as or be deemed to be waiver of such terms, conditions or covenants or any of them and notwithstanding such knowledge or acquiescence, RHB Bank shall be entitled to exercise any or all of its rights under this Agreement and to require strict performance by the Cardmember of the terms, conditions and covenants herein.


• The Cardmember has read and understood the details and the terms and conditions of this Agreement specified herein. These terms and conditions are in addition to all other terms and conditions as set out in any application forms for the Card. In the event of any inconsistency between these terms and conditions and the terms and conditions as set out in any application forms for the Card, these terms and conditions shall prevail in so far as they apply to the Card.


• In the event of any inconsistency or conflict between these terms and conditions and any existing guidelines, rules and regulations issued by any regulatory authorities from time to time, the existing guidelines, rules and regulation shall prevail.


• This Agreement shall come into force from 1 September 2003 and supersedes any other agreement, terms and conditions, documents, correspondence (oral or written or expressed or implied) made, issued or entered into prior to this agreement in respect of the matters dealt with in this Agreement.

English Version and Bahasa Malaysia Translation

• The Bahasa Malaysia translation of this Agreement is contained in the Schedule below. In the event of a conflict between the English version of any of the provisions of this Agreement and the Bahasa Malaysia version or translation of any of the provisions of this Agreement including but not limited to any conflict in the interpretation of any of the provisions of this Agreement, the English version shall for all purposes be binding on the parties and shall prevail over the Bahasa Malaysia version and translation.

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