Cardholder Agreement

Credit Card Agreement for BOBCARD Limited (BOBCARD) :

1. Your credit card agreement with us

1.  This document, and any future changes to it, is your contract with BOBCARD Limited (BOBCARD). We will refer to this document as your 'Agreement' or 'Credit Card Agreement'; these terms also include any changes made from time to time.

2. You shall be deemed to have unconditionally agreed to be bound by this agreement by acknowledging receipt of the Card in writing 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, you must immediately cut the card diagonally and inform BOBCARD customer support.

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 at www.bobcard.co.in.

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. You must make efforts to be aware of the changes made to this agreement and the MITC, from time to time.

2. Definitions

1.  You and your shall mean the applicant whose name appears on the BOBCARD 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.

2. BOBCARD, we, us, and our shall mean BOBCARD Limited, a wholly-owned subsidiary of Bank of Baroda having its registered office at 2nd Floor, Baroda House, Behind Dewan Centre, S.V Road, Jogeshwari, Mumbai, Maharashtra- 400102, and shall include its successors and assignees.

3.  A card or credit card shall mean a credit card issued by BOBCARD on a card account and which entitles a cardholder to use the card account.

4. A cardholder is an individual who holds a card under this agreement and shall mean a primary cardholder and, where appropriate the additional cardholder.

5.  A Card account shall mean an account opened and maintained by BOBCARD for usage of the Card, under this agreement.

6. Cash withdrawal shall mean any transaction whereby cash or cash equivalent is obtained by you by use of the card/ card number.

7. Chargers or fees shall mean all amounts charged to the card account under this agreement including but not limited to the 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.

8. International transactions mean the transactions entered into by you on your card outside of India, Nepal, and Bhutan.

9. 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.

10. Primary Cardholder means a cardholder in whose name the card account is maintained.

11. RBI means Reserve Bank of India.

12. Total outstanding, outstanding, or outstanding balance (capitalized or not, in singular or plural) shall mean any amounts owed to us on the card account.

13. Section headings have been used to organize this agreement. The headings are for reference purposes only.

3. Card and pin

1. Once your application for a card is approved, the card will be mailed to your address registered in our records. A 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. The 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.

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

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 we believe that the PIN is being misused or being used without appropriate authorization.

4. The card is valid up to the last day of the month of the year indicated on the face of the card unless canceled 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.

5. The card is the property of BOBCARD 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

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.

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.

3. You may not use or permit your card to be used to make any illegal transaction. You will only use your account for legal transactions 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. 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.

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 a 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.

6. We may, at any time without prior notice, refuse authorization for a charge incurred at a Merchant Establishment, and/or restrict or defer 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 violate the exchange control/management regulations or any other applicable law or regulation.

7. The card cannot be used for any purposes other than personal expenses. If you are found to violate this term, we will be constrained to block the card with immediate effect.

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 about order details provided by you and shall be entitled to rely on the details submitted by you on the Internet.

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 the collection of cheques, maintenance of the card Accounts, and other services that may be rendered to you from time to time.

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 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.

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 endeavor to resolve the dispute directly with the concerned merchant establishment.

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 days of the statement date, failing which it would be construed that all charges and the monthly statement of account are entirely in order.

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 you or any intermediary shall be conclusive evidence of that document or charge for any purpose.

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

1. We will, at our sole discretion, determine the credit limit and cash withdrawal limit (part of the 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.

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.

3. Your credit limit can be canceled automatically in the event of deterioration in your creditworthiness.

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 the blocking of the card.

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

6. Credit limit and cash limit are assigned to you based on various factors including but not limited to our internal parameters, and 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 your 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.

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

8. 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.

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

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.

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

6. Cash withdrawal limit

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

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

3. You can use the credit card to withdraw cash from ATM/ cash dispensing locations in India or overseas by the compatibility of the credit card at the said ATM/cash dispensing locations. A transaction fee shall be levied on all such withdrawals and will be billed to you in the next/ forthcoming statement.

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

7. Renewal

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

1. The conduct of the account is found to be unsatisfactory.

2. Credit history as per the credit bureau is found to be unsatisfactory.

3. The outstanding dues are high.

4. Contact details and/or KYC details are not updated by you.

5. The card is in a blocked state.

6. No transaction has been observed in the card account in the past year from the due date of renewal.

8. Charge and fees

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.

Applicable fee is directly charged to your credit card account and is indicated in the bill.

 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 after the specified date, you shall be considered to have accepted the changes.

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

Different fees are as follows:

1. FIRST-YEAR FEES AND ANNUAL FEE

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. The first fee is a one-time charge and an 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, a fee as applicable is directly charged to your credit card account and is indicated in the bill. Any reductions or waivers in the fees may be offered at our sole discretion. (Details under the 'Tariff of charges' section of the MITC).

2. CASH WITHDRAWAL/ ADVANCE FEES

You can use your credit card to withdraw cash from ATMs/ cash dispensing locations in India or overseas by the compatibility of the credit card at the said ATM/cash dispensing locations. A transaction fee shall be levied on all such withdrawals and will be billed to you in the next/forthcoming statement. Further, cash withdrawal transactions shall also carry a service charge from the date of transaction till the date of full payment. (Details under the 'Tariff of charges' section of the MITC).

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 concerning 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 every month at the applicable rate on the outstanding amount, on the due date until fully paid.

d. Service charges also accrue on

i) Cash withdrawal from the day of cash withdrawal

ii) New purchases, if the total outstanding is not paid by the due date.

iii) If the limit exceeds, the charge will be applicable on the outstanding exceeding the sanctioned credit limit or on the total outstanding balance in case of canceled/ surrendered card.

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

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

g. For the service charges applicable refer to the '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

1. A billing cycle is a 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.

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

3. Even if the bill is not received by you, it is important to note that this does not exempt you from your responsibilities and obligations outlined in this agreement. As per the terms of the agreement, you will remain solely responsible for settling the outstanding balance on the card by the specified due date.

4. You must make all enquiries about your bill.

5. Each monthly statement reflects a single billing cycle.

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