CLEO DEBIT CARD TERMS AND CONDITIONS

1. The Card (or the “Card”) is and will always be the property of the Company. The Company reserves the right to withdraw, at its discretion, the Debit Card and/or any of the services offered at any time and will inform the Cardholder of such withdrawal if it is deemed necessary or as required by law. 

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2. The Cardholder will be responsible for all transactions affected by use of the Card, whether performed or authorized by the Cardholder or not. 

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3. The Cardholder shall sign the Card immediately upon receipt of the physical Card. The Cardholder must safeguard the Card, its information and not permit any other person to use it and protect the Card from being misused. 

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4. The Cardholder agrees to utilize the Card solely for lawful purposes and in compliance with the laws of Singapore. The Cardholder shall refrain from engaging in activities such as money laundering, terrorist financing, fraud, cheating, or any other illicit purposes through the use of the Card. 

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5. The Cardholder agrees that the Company, to the best of its knowledge, has the right to seize or cancel the Debit Card in the following situations: 

• If it is a fake or replicate card; 

• If the Card is illegally used; 

• To facilitate investigation of any potential or suspected crime in accordance with law; 

• Gambling or other illegal transactions: The Card shall not be used for payment of any transactions including: (i) gambling, betting or/and (ii) other transaction which is illegal under any applicable laws or/and (iii) other transactions that the Company reserves the right to reverse or cancel that Card Transaction. 

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6. The Cardholder agrees that, in the event that the Company suspects or/and has grounds to believe or has knowledge of the card being misused for, but not limited to: (i) gambling, betting or/and (ii) other transactions which are illegal under any applicable laws, the Company reserves the right to reverse or cancel the Card Transaction. 

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7. The Personal Identification Number (“PIN”) shall be issued to the Cardholder for use of the Card. The first PIN issued by the Company as well as any other PIN subsequently changed by the Cardholder must be kept strictly confidential. PINs should not be disclosed to any third party under any circumstances or by any means whether voluntarily or otherwise. The Cardholder should not keep any written record of any PIN in any place or manner, which may enable a third party to use the Card. 

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8. The Cardholder’s Account will be debited with the amount of any withdrawal, transfer, payment and/or other transactions effected by use of the Card. The Cardholder should maintain sufficient funds in the Cardholder’s Account for payment of such transactions. The Cardholder shall not be entitled to make any transactions of which the amount exceeds the available balance of the Cardholder’s Account. 

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9. In case of loss, theft, or misuse of the Card and/or PIN (jointly referred to as “misused card”), the Cardholder must report to the Company immediately by calling the Company’s Customer Service Hotline for Cardholders and/ or block the card on CLEO mobile application for security reason. 

Additionally, the Cardholder is required to officially confirm such notice in writing or by lawful data message to the Company. 

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(a) If the Card is misused before the Company provides confirmation in writing or in a legally valid data message that it has processed the notice received from the Cardholder, the Cardholder shall be fully liable for loss and shall be liable to compensate for loss caused by misuse of the Card; 

(b) If the Card is misused after the Company provides confirmation in writing or in a legally valid data message that it has processed the notice received from the Cardholder, the Company shall be liable for loss and shall be liable to compensate for loss caused by misuse of the Card. 

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(c) Where the Cardholder requests for replacement of the misused card, the Company shall debit Cardholder’s Account the cost incurred for replacement of Card. Replacement fee shall be applied following the current fee tariff of the Company. 

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10. The Card is valid up to the last day of the month/year indicated on the Card. If the Company does not receive any request from the Cardholder within sixty (60) days prior to the Card expiry date, the Company will automatically renew the Card. The Foreigner Cardholder will be requested by the Company to submit supporting documents to prove the allowed staying period at Vietnam following prevailing regulations. Should there be no sufficient documents submitted by the Card expiry date indicated on the Card or on the Company’s notification – whichever comes sooner - (the Company may, at its sole discretion, choose, vary and determine any way that it considers appropriate to send to notification), the Company would not renew the Card and the Card will be cancelled accordingly. 

Foreigner holding CLEO Debit Card can submit the required supporting documents to show the residence permission in Vietnam following the prevailing regulations. 

Documents submission methods include: (i) at CLEO Branches/ Transaction Offices; or/and (ii) other methods as notified by the Company to Cardholder from time to time (through appropriate channels determined by the Company based on its discretion). The information and documents received by the Company via the instructed method are considered as valid for the Debit Card renewal purpose. 

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11. Renewal of a Debit Card can only be processed if the Debit Card is active and all accounts linked to the Card are active. If the Debit Card is blocked and/or any of the account linked to it is inactive, such Card will not be renewed. If the Cardholder would like to continue to use the Card, he/she must visit an CLEO branch or transaction office to activate the account(s), or apply for a new Card. 

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12. As a security feature, the Debit Card will be ready for use once it is activated. In order to activate the Debit Card, the Cardholder is required to follow instructions attached with the card at the time of issuance. 

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13. The Debit Card is accepted at Automated Teller Machines (“ATM”) which is members of the VISA ATM network. Use of Debit Card at other ATMs shall not be accepted and the Cardholder shall be fully responsible for such use of Debit Card. 

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14. The Debit Card will be accepted only at the merchant having an electronic point of sale swipe terminal (POS). Any usage of the Debit Card for purchases other than through an electronic point of sale swipe terminal shall not be accepted and the Cardholder shall be responsible for such transaction. The Cardholder may apply to turn on/off transaction at the merchant having an electronic point of sales swipe terminal (POS) outside of Vietnam jurisdiction by sending Card service request to the Company through prevailing channels accepted by the Company. This service request will be performed within five (05) working days from the day the Company receives the Cardholder’s service request 

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15. The Debit Card will be accepted only at online payment gates which have been registered for online transactions with VISA. Any usage of the Debit Card at other online payment gates shall not be accepted and the Cardholder shall be responsible for such transactions. The Cardholder may apply to turn on/off transaction at online payment gates by sending Card service request to the Company through prevailing channels accepted by the Company. This service request will be performed within five (05) working days from the day the Company receives the Cardholder’s service request. 

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16. The Cardholder may apply for SMS Notification Service for Debit Card transactions such as cash withdrawal at ATMs (Clause 13), payments at merchant establishments (Clause 14), or purchase transactions via online payment gates registered with VISA (Clause 15). The Cardholder’s SMS Notification service requests will be performed within five (05) working days from the day the Company receives the Cardholder’s service request. 

Notice: There is a SMS Notification service fee named “Annual Fee” (*), which specified in the Personal Companying Tariff, applies. This service fee (*) shall be applied annually and shall be collected by deducting the relevant amount on the Cardholder’s Account in the month of the Card is issued and is not refundable. This service fee (*) will still be applied even if the Cardholder’s Account is classified “Dormant Account” or “Unclaimed Account”. If the Company is unable to collect this service fee within one (01) week from the charge date, the Company will automatically suppress the service. In case of Debit card cancelation, this Service will also automatically suppressed The Company shall not responsible for the circumstances where Cardholder does not receive the message due to invalid or incorrect telephone number registered with the Company or due to technical issue of SMS service providers, or otherwise which is not due to the Company’s fault. 

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17. The Cardholder may use the Debit Card to withdraw money from the Cardholder’s Account, or to make payments at online payment gates, or to make purchases at electronic point of sale swipe terminals. To the extent permitted by laws, if the withdrawal and/or settled currency differs from the currency of Cardholder’s Account, the Company will apply an exchange rate between the two currencies for conversion, an administration fee, and any transaction fees charged by Visa International to the Company. 

The applicable exchange rate will be the prevailing exchange rate set by CLEO at the time of the withdrawal and/or settlement. The Cardholder may obtain the current “Administration fees applied for foreign currency transactions” tariff from the Company Tariff which is available at www.CLEO.com.vn 

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18. Cash withdrawals at VISA ATMs or payments at online payment gates or purchases at electronic point of sale swipe terminals performed by Cardholder in Vietnam or overseas will be subject to relevant fees as provided in the Company’s prevailing tariff. 

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19. A purchase from a Debit Card and a subsequent credit due to return or cancellation of goods/services are two separate transactions. The refund, less any fee of return or cancellation (if applicable), will only be credited to the Cardholder’s accounts when the Company receives it from the relevant merchant establishment unit or from online payment gates registered with VISA. 

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20. In case of Debit Cards linked to multiple Accounts, transactions at merchant establishments or at online payment gates registered with VISA will be effected by debit to the Primary Account. Primary Account shall mean, in case of multiple Accounts linked to the Debit Card, the Account that has been designated as being the main/first Account of operation i.e. the Account from which purchase transactions, charges and fees related to the Debit card are debited. In case this Account has insufficient funds to honour such transactions, CLEO will honour the transactions by debiting the linked Accounts which are the same type with Primary Account. If linked Accounts are not the same type with Primary Account, CLEO will not honour the transactions even if the necessary funds are available cumulatively or separately in the other Linked Accounts. 

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21. If the Primary Account linked to the card is closed, the card will immediately become invalid regardless of its expiry date. 

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22. The Company will not be liable for any failure to provide any service or to perform any obligation hereunder where such failure is attributable (whether directly or indirectly) to any dispute or other circumstance beyond its control. The Company will not be liable for any consequential or indirect damages arising from or related to the use of the Debit Card or the ATM, except where such damages are due to the Company’s negligence or misconduct. The Cardholder’s Account will be debited with such charges as the Company may from time to time consider reasonable in respect of the Debit Card provided that a reasonable notice of such charges is given to the Cardholder. 

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23. The Company accepts no responsibility for the refusal of any merchant establishment or at any online payment gates registered with VISA to honour the Card, except where such refusal is due to the Company’s fault (such as technical issues). Nor will the Company be responsible in any way for any goods or services supplied to the Cardholder. No claim by the Cardholder against the merchant establishment will relieve the Cardholder from any obligation to the Company hereunder. In particular, the setting up, modification, or termination of direct debit authorization instructions for any regular payment to be charged to the Cardholder’s Account is strictly between the Cardholder and the respective merchant establishment(s). The Company reserves the right not to set up, modify or terminate any such arrangement in the event of any dispute between the Cardholder and the merchant establishment or online payment gates registered with VISA. 

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24. Handling disputes 

The Cardholder must inform the Company immediately via one of two (2) channels below if there is dispute by: 

(i) Calling the Company’s Customer Service Hotline at +65 3105 1579. 

(ii) Visiting an CLEO Branch/Transaction Office in Vietnam 

For disputed transactions, the cardholder must complete the Company’s Card Purchase Transaction Dispute Form. The Company must receive this completed form within 07 days of the date of the disputed transaction in order to investigate. The results of the investigation will be advised to the cardholder within 60 days from the date on the completed Card Purchase Transaction Dispute Form. If the cardholder fails to submit the completed form within this time frame, the Company is not obliged to investigate and the cardholder will be fully liable for the transaction. 

Notice: The Cardholder should notify the Company in writing form provided of any transaction in any statement that was invalid or unauthorized by the Cardholder within sixty (60) days from the transaction date. If the Cardholder fails to report within the said period, the transaction (s) shown on the statement will be considered correct and the Cardholder shall be responsible for payment of such transactions in accordance with the Company’s policy. The Company shall not be responsible for any complaint or dispute made after this time limit. 

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25. The retrieval fee for the photocopy of sales slips and the dispute investigation fee subject to Cardholder’s fault (as specified in the Debit Card Fees and Charges) will be debited to the Cardholder’s Account for each disputed transaction.  

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26. The Debit Card is only issued to Cardholder’s Account. The name on the card is the name of Cardholder’s Account opened at the Company. The Company does not issue supplementary Debit Card. 

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27. For joint accounts, Debit Card will be issued on the joint account if the signing instruction of the joint account is “either to sign”. The name on cards is the name of each joint account holder opened at the Company. 

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28. The Cardholder agrees that the Company may at its discretion use, store, disclose, transfer, compile, match, obtain and/or exchange (all whether within or outside Vietnam) the Cardholder’s personal details and information, all details and information pertaining to the Cardholder Account and any of the Cardholder's transactions and dealings with or through the Company (collectively, "Personal Data") to, from or with any person as the Company may consider necessary (including without limitation any service provider or third party, any bureaus or agencies or competent authority established or to be established by the State Bank of Vietnam or by other authorities and/or any debt collection agencies that may be appointed by the Bank) for any and all purposes including without limitation (i) in connection with any account, product or service and/or in connection with matching for whatever purposes any such Personal Data concerning the Cardholder in the Company's possession; and/or for the purposes of promoting, improving and furthering the provision of other services by the Company to the Cardholder; and/or (ii) for the purposes of fraud or crime prevention, audit and debt collection and in order that services may be processed for the Company; and/or (iii) for purposes of investigating, reporting, preventing or otherwise in relation to money laundering, terrorist financing and criminal activities; and/or any other purposes and to such persons as may be in accordance with the Company's general policy on disclosure of Personal Data as set out in statements, circulars, notices or other terms and conditions made available by the Company to the Cardholder from time to time. The Cardholder understand that the Company or any third party to whom the Company has transmitted information about the Personal Data, will be obliged to disclose such information if legally compelled to do so (whether by Vietnamese law or the laws of any jurisdiction to which such information is transmitted). All Personal Data held by its subcontractors or agents will be afforded at a reasonable level of protection against any unauthorized or accidental disclosure, access or deletion. The Cardholder agrees to the Personal Data being used as described and that it may be transferred as stated above. 

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29. Cardholder agrees that the Company has the right to block the Debit Card in case the Company finds that card is compromised, lost or misused. 

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30. The Company reserves the right to amend the CLEO Debit Card Terms and Conditions, the General Terms and Conditions, as well as terms and conditions of other Debit Card services and the transaction limit from time to time as it deems appropriate in its absolute discretion. Such amendments will take effect upon the Company giving notification to the Cardholder (unless otherwise advised in the notification) using such means of notification as the Company shall deem appropriate (including but not limited to display in the premises of the Company or any of its offices or in the Statements of Accounts or in the Company's website or by such other method as the Company may decide). Use of the Debit Card after the date upon which any change to these terms and conditions is to have effect (as specified in the Company’s notice) will constitute acceptance without reservation by the Cardholder of such change. If the Cardholder does not accept any proposed change, the Debit Card must be returned to the Company prior to the date upon which such change is to have effect. 

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31. Any notice hereunder sent by post will be deemed to have been received by the Cardholder within three (03) days of posting to the address last notified in writing to the Company by the Cardholder. Publication of change by such means as the Company may consider appropriate will constitute effective notice to the Cardholder thereof.  

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32. If more than one person and/or entity signs the Debit Card application forms and agrees to be bound by these terms and conditions, the obligation and liabilities of such persons hereunder will be joint and several and, as the context may require, words herein denoting the singular only will be deemed to include the plural. Any notice hereunder to any one such person and/or entity will be deemed effective notification to all such persons and/or entities. 

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33. The Company’s record of transactions processed with respect to the use of the Debit Card will be conclusive and binding for all purposes. 

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34. Capitalized terms used in these terms and conditions shall have the same meaning as provided in the General Terms And Conditions (which can be found at www.CLEO.com.vn or at any branches or transaction offices of the Company. 

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35. The use of Debit Card shall be governed by these Terms and Conditions and the General Terms And Conditions of the Company. In case of any inconsistency between these terms and conditions and the General Terms And Conditions of the Company, these Terms and Conditions shall prevail. 

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36. These terms and conditions shall be governed by and construed in accordance with the laws of Vietnam. These terms and conditions are made in English and Vietnamese. In case of discrepancies between the English and Vietnamese versions, the Vietnamese version shall prevail. 

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Note: In these terms and conditions and any associated documents, any reference to “CLEO” or the “Company” includes the head office, transaction office of CLEO and their successors