| 1. |
Definitions. In these terms and conditions the use masculine
words also includes the feminine and the use of words in the singular
also includes the respective plural and vice versa. |
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1.1. |
"Bank" means Banco Nacional Ultramarino, S.A. |
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1.2. |
"Bank Account" means, in
relation to a Cardholder, any account maintained with Bank in Macau
on which the Cardholder is entitled to operate and give Transaction
instructions. |
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1.3. |
"Card" means all the BNU Maestro
cards issued by the bank, including the ones that are replaced and
the renewed ones. |
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1.4. |
"Cardholder" means a person to
whom an ATM Card has been issued and whose name appears on it. |
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1.5. |
"Merchant" means any merchant
authorized by an agreement in writing with the Bank to accept an ATM
card on presentation by a Cardholder as a payment means for goods or
services (known as the MAESTRO system). |
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1.6. |
"PIN" means in relation to a
Cardholder, the personal identification number of that Cardholder
required to gain access to systems via a terminal to give a
Transaction instruction. |
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1.7. |
"Transaction instruction" means
an instruction given by use of the card. |
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1.8. |
The word "terminal" means any
automated teller machine (ATM) or point-of-sale (POS) terminal through
which Transaction instructions may be given. |
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| 2. |
A card remains the property of the Bank and
must be surrendered on demand by the Bank under the following
circumstances: a) observation of illegitimate usage; b) the bank
decides to replace such a card with the same card type or other card
types; c) cardholder terminates membership voluntarily; d) other
situations that fall within the anticipation of local law(s) relating
to this issue. |
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| 3. |
A card is not transferable and may not be used
other than by the cardholder; nor it is liable as a means of guarantee
or pledge to credit facilities of any kind. A PIN is assigned for
recognition of cardholder identification, and hence must not be
disclosed to anyone but the cardholder him/herself at all time. |
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3.1. |
Notwithstanding his or her authorization, a
cardholder must not share, release, or enact a third party by all
conceivable means in disclosing the designated PIN. Transaction
Instructions must be give in such a way that any confidential
information which is displayed by a terminal is not disclosed to any
third party. The Bank shall not be liable in any way for any
disclosure to any third party arising out of a Transaction instruction. |
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| 4. |
A cardholder which is not an individual will
be fully responsible for ensuring that its PIN is only known to a
person or persons of due authority within such company, organization,
partnership, society or association. Subject to this, a Cardholder
must not disclose his/her PIN to anyone in any circumstances. |
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| 5. |
The agreement does not entitle the cardholder
to overdraw the corresponding account(s). In the case of withdrawal or
fund transfer, cardholders are reminded to ensure sufficient account
balances before attempting a transaction. |
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| 6. |
In regards of cash deposit, deposit amount
(placed into the designated envelopes provided at the ATM machines)
shall at all time reconcile with the amount shown on the screen of the ATM machine. |
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6.1. |
Unpacking of the deposit envelope and
verification of the deposit are carried out by specific department
under the Bank´s authorization. The Bank assures that there are
always two employees present throughout the process. All particulars
are recorded in a specific journal in details. When confusion(s)
arise, the bank´s own determination of the amount(s) credited shall,
after pursuant to terms 6. & 6.1, be conclusive. |
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6.2. |
Cash deposited in any automated teller
machine for credit to a Bank shall be subject to verification by the
Bank on the first working day after the date of deposit. Cardholder
must not conduct any withdrawal or transfer in relation to the said
amount prior to verification. |
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6.3. |
Cheque deposited in an automated teller
machine for credit to a Bank account will be collected by the Bank and
the proceeds will not be available until the relevant funds have been
received for value by the bank. |
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6.4. |
Cash deposit must contain no coin. |
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6.5. |
The transaction receipt released after
completion of transaction indicates merely the intention of the
Cardholder in depositing or transferring a specific amount via the ATM
machine. The Bank assumes no liability for its accuracy. |
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| 7. |
A Cardholder may not use a Card to obtain cash
from a merchant except where he/she in respect of a purchase been
overcharged or the Merchant in accordance with its usual and customary
customer policies and practices for refunded merchandise and
adjustments gives the Cardholder a cash refund. |
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7.1. |
Unless required by law, the Bank is not
responsible for any goods or service(s) purchased with a Card. Any
complaints concerning goods and service(s) purchased with a Card and
any related claim for refund must be resolved with Merchant concerned. |
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7.2. |
The card may also be used, up to a certain
maximum daily limit defined by the Bank from time to time: |
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7.2.1. |
Outside Macau (subject to the applicable
law and exchange control regulations) to withdraw cash from
automated teller machines operated by members of CIRRUS (which
machines shall be identified by the initials or logo of "CIRRUS"): and |
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7.2.2. |
To purchase goods and services from
merchants equipped with point-of-sale terminals, identified by the
initials or logo of "MASTERO", up to a daily limit to be determined
by the Bank from time to time. |
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7.3. |
All such withdrawals and purchases shall be
debited to the Bank Account at such rate of exchange as may be
prescribed by the bank at the relevant time. |
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7.4. |
Where the terminal does not provide
selection of Bank Account(s) for withdrawal, the Bank shall be
entitled to debit the cardholder's basic account and if that account
has insufficient funds, the transaction will be called off. |
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| 8. |
In the absence of manifest error the Bank's
records as to any Transaction Instructions and their consequences
shall be conclusive. |
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| 9. |
The Bank does not assume any commitment in
relation to the permanent functioning of the ATM machines installed
and, hence, cannot be liable for any fortuitous non utilization of the
ATM by the Cardholder. |
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| 10. |
The Bank shall not be liable for any loss
arising from any technical breakdown of the payment system, if the
Cardholder is warned by any message displayed in the screen, or if the
becomes obvious by any way. |
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| 11. |
If a Card is lost or stolen or if a PIN is
disclosed to any unauthorized person, the Cardholder must immediately
notify the Bank of such loss, theft or disclosure. Any oral
notification must be confirmed to the Bank in writing immediately. The
Cardholder will be liable in respect of any Transaction Instruction
given prior to receipt by the Bank of notification of such loss, theft
or disclosure. |
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| 12. |
It is the responsibility of a Cardholder to
notify any beneficiary of a transfer of funds in his or her favor. The
Bank will not give advice to such beneficiary and accept no liability
for not doing so. |
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| 13. |
To the extent that any withdrawal or transfer
causes a Bank Account to become overdrawn or further overdrawn, the
Cardholder will be liable to repay the debit balance in accordance
with the terms governing that bank Account. |
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| 14. |
In case of a negative balance in the Account
it will be accrued and paid interests at the maximum interest rate
defined by the Bank, in each moment, for occasional overdrafts. |
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| 15. |
Cardholder agrees to be held accountable for
all responsibilities arising from cardholder's using or operating of
the Card. Cardholder authorizes the bank to debit his/her credit
amount of any sort with the bank so as to indemnify the Bank for any
expenses incurred from the damage(s). |
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| 16. |
Irrevocably, Cardholder entitle the Bank to
debit a transaction amount, be it withdrawal, transfer or other
transaction, against the account(s) owned or co-owned by the
cardholder in relation to the concerned transaction. When all
operating procedures are in line with this stipulation, the
transaction will be deemed bona fide even if the cardholder questions
the authenticity of such a transaction in any aspect. |
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| 17. |
Upon receipt of the Card(s) and PIN(s), the
cardholder is requested to sign an acknowledgement. Once after
signing, the cardholder agrees to be bound by the Terms and Conditions
set forth in the Cardholder agreement, and assumes all risks and
obligations associated. |
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| 18. |
The Bank is entitled to charge and debit to
any Bank account by all the amounts, including but without limitation,
of:
- Transactions performed with the Card;
- Service fee for any transaction done outside Macau;
- Annual fee;
- Lost or replacement card fee.
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18.1. |
The above fees can be adjusted by the Bank
after public announcement. |
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| 19. |
Cardholder is subject to all risks and
responsibilities caused by fraudulent application of cheque book at
the ATM machines. Cardholder must inform the Bank of any loss
immediately. |
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| 20. |
Had the operation of the Card resulted in
erroneous outcomes, namely technical delay, transmission error, ATM
malfunction, or any unforeseeable situations, the Bank will not be
held responsible for losses incurred. |
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| 21. |
The bank reserves the unilateral rights to
cancel a Card without notice, without assigning any reason and without
incurring any liability to the Cardholder at any time. Cardholder must
surrender his/her card immediately. |
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| 22. |
The Cardholder hereby authorize the Bank to
disclose the necessary data to providers of services related with the
BNU Maestro Card (e.g. insurance, etc.) |
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| 23. |
The Cardholder may at any time cancel his/her
Card by returning it to the Bank. |
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| 24. |
These terms and conditions may be amended at
any time and from time to time by notice from the Bank to the
Cardholder. Any such amendment shall be deemed to be effective and
binding on the Cardholder, with or without pronouncement, immediately
after its release. |
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| 25. |
Had the Cardholder and/or the Bank decided to
resolve to arbitration, the Bank is entitled to choose the Court of
Justice where the case shall be judged. |