Club Announcement - Amendments to Diners Club Credit Card Terms and Conditions

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DEFINITIONS
"Digital Payment Service" means any digital or other electronic payment or wallet service made available from time to time for use by any Cardholder in connection with his/her Cards enrolled with such service for effecting payment or other transactions via any Enabled Device.

"Enabled Device" means a compatible mobile communications or other device associated with one or more Cards issued to a Cardholder and enrolled by the Cardholder with us for use in connection with payment or other transactions through a Digital Payment Service.

"Personal Data" means personal data (as defined under the Personal Data Protection Act 2012) relating to you that you provide to us for the purpose of the Card Account or your Card or use of any Digital Payment Service.

"Transaction" means a transaction (including the purchase of goods and services, automatic bill payments and Cash Advances) initiated with a Card or debited to the Card Account by any means, including by a manual use of the Card; by the use of the Card in an electronic device, through any Digital Payment Service and/or Enabled Device or in the course of a post, telephone or internet order. A reference to the Card being used includes those transactions.

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THE CARD AND USE OF THE CARD
2.2 By signing on or using the Card or by activating any Card, and/or completing any activation procedure for any Enabled Device or Digital Payment Service, you are bound by the terms and conditions of this Card, and any other terms we may designate as applicable in respect of such Card and/or Digital Payment Service or any Enabled Device, as the case may be and to be liable for all transactions made by or through the same. If you do not wish to agree to these terms and conditions you should destroy your Card and tell us you have done so or, if there is no physical Card, you should not use the numbers or details and tell us that you do not agree to these terms and conditions.
2.3 We may, at our discretion, issue a PIN to you for use in combination with your Card. The PIN may be collected personally by you or sent by post to you at your risk. You must keep the PIN separate from the Card, not disclose the PIN and take all care to prevent the PIN from being disclosed to any other person. If you intend to use your Card in connection with any Digital Payment Service, you must comply with such security measures and procedures we may designate, security and other procedures as may be prescribed by us from time to time.
2.5 You can only use the Card during its validity period as embossed on the Card or as advised by us. During its currency the Card entitles you and no one else to use the Card for Transactions with an Establishment. Before the Card expires we may issue a replacement Card and, if it is in physical form, you must sign it immediately on receipt. Any Enabled Device enrolled or registered for use of the Card via Digital Payment Services may only be used for such period and in such manner as prescribed by us.
2.6 Digital Payment Services may not be available for use at all merchants or outlets, or outside Singapore. Card charges, privileges and benefits in respect of transactions made via Digital Payment Services may differ from those applicable in respect of transactions not made via Digital Payment Service.

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THE CARD ACCOUNT
3.1 You will be liable for the face value of all Transactions made by the use of the Card even if a charge slip is not signed by you. Transactions made without your signature may include transactions made or effected via any Enabled Device(s), and/or where any Card has been enrolled on multiple Enabled Device(s), and in each instance, whether by you or any other person (whether with or without your knowledge or authority); orders placed by telephone, facsimile, post, e-mail or internet; direct debit authorisation; or use of the Card in an ATM, at an Establishment's point of sale terminal/card reader or in a payphone which accepts the Card. You warrant and confirm that you have obtained all requisite consents for the use of any Enabled Device(s).
3.3 A Transaction in a foreign currency will be converted into Singapore dollars using a retail rate offered by an institution chosen by us applying on the working day before the day of processing plus a conversion commission. The conversion commission is stated on the Website. We may convert through a third currency. Amounts incurred in a foreign currency and converted by a third party using its rate into another foreign currency will be restated into Singapore dollars using that policy. Amounts incurred in a foreign currency and converted into Singapore dollars by a third party (at the rate used by that third party before being submitted to us) will be subject to such administrative and other fees provided on the Website.

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LOST, STOLEN OR DAMAGED CARDS
9.2 If the Card or Enabled Device is lost or stolen, or you suspect it has been used by anyone other than you, you must notify us immediately. Similarly, if the Card numbers or details become known to anyone other than an Establishment or another person is aware of your PIN you must notify us immediately. Those notifications must be provided by telephone as specified on the Website or on the last Statement. You will provide a statutory declaration, a police report and other information if we ask you to.

10

YOUR LIABILITY
10.1 You are liable for all Transactions effected by the use of the Card at any ATM whether with or without your knowledge or authority and you irrevocably authorise us to charge to the Card Account the amount of each of those Transactions. However, you will not be liable for those Transactions if they were not authorised by you and they were effected after you have given us notification in accordance with clause 9.2. In absence of such notification, we shall be entitled to treat any person in physical possession and control of the Card or any Enabled Device as the rightful holder or user thereof, and accordingly entitled to rely on any electronic signature, digital certificate or use of the Card or Enabled Device as evidence that a Transaction was authorised and properly effected.
10.6 If you wish to terminate your Card Account you must give us specific instructions to terminate the Card Account and ensure that each Card in physical form (including a Card held by a Supplementary Cardholder) is destroyed. A Basic Cardholder may cancel the Card held by the Supplementary Cardholder by giving notice to us and ensuring that the Card held by the Supplementary Cardholder is destroyed if it is in physical form, disabled the use of the Card on any Enabled Device, or terminate access to or use of any Digital Payment Systems. A Supplementary Cardholder may cancel the Card he/she holds by giving notice to us and ensuring that the Card is destroyed if it is in physical form, disabled the use of the Card on any Enabled Device, or terminate access to or use of any Digital Payment Systems. Until the Card is cancelled in that way you are liable for all Transactions in relation to the Card and, in the case of a Card held by a Supplementary Cardholder, the Basic Cardholder and the Supplementary Cardholder are jointly and severally liable in accordance with clauses 10.2 and 10.3.
10.7 You must indemnify and keep us indemnified against all claims, demands, actions and proceedings which may be made against us and in respect of all damages, liabilities, losses, costs and expenses (including legal costs on a full indemnity basis) which may be incurred, sustained or suffered, directly or indirectly, by us due to the use or misuse of the Card, use or misuse of any Enabled Device or any Digital Payment Service, breach of these terms and conditions by you or a breach of any law (including exchange control and tax laws) by you. If you are the Basic Cardholder this includes a use, misuse or breach by the Supplementary Cardholder.

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OUR DISCRETION
11.1 We are entitled, in our discretion, to require that you return a Card to us; issue or refuse to issue a replacement Card or new PIN; cancel or change a PIN which has been issued; or withdraw the right to use a Card, PIN or Cash Advance facility. If we issue a replacement Card we can do so on conditions we specify, including without limitation undertaking such procedures for re-registration or re-enrolment of the replacement Card for any Digital Payment Service. The use of the Card after we have required that it be returned or not used is fraudulent and renders you liable to prosecution.
11.2 We may at any time (in our discretion and without giving notice or reasons) suspend or terminate the Card Account, use of your Card on any Enabled Device, your access to or use of any Digital Payment systems or refuse or withhold any privileges (whether permanently or temporarily). If the Card Account is terminated we may stop accepting recurring charges which you have authorised to be paid by a charge to the Card. If we tell you that the Card Account is terminated you must ensure that each Card in physical form is immediately destroyed and give us any evidence we require that it has been destroyed.

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EXCLUSION OF LIABILITY
12.1 We are not responsible for any actual or consequential loss or damage which may be suffered by you or any other person (including for any injury to credit, character or reputation) arising from or in connection with the Card or any Enabled Device or any Digital Payment Service; any termination of the Card Account; any termination of any Digital Payment Service; any failure to authorise a Transaction; the use or misuse of the Card or the PIN; any misuse of an Enabled Device; any malfunctioning of an Enabled Device; or a failure to obtain a Cash Advance with the Card; if you do not receive the Card; we ask you to return the Card or withdraw the right to use it; or we do not issue a new Card or new PIN.
12.3 We are not liable in any way if your Card or any Enabled Device(s) be rejected by a merchant or any terminal used to process Card Transactions or if we refuse for any reason to authorise any Card Transaction.
12.8 You acknowledge that the use of any Enabled Device or Digital Payment System may be subject to security risks and that insofar as permissible under law, you are solely liable for any Transaction effected with an Enabled Device or using any Digital Payment Service and all loss, damage or claim arising in connection with any such use. You must keep the Card and any Enabled Device secure in respect of both physical and electronic environments and further agree that it is your responsibility to ensure your PINs, passwords and other Card and security details are not disclosed to any person, to equip your personal computer and other personal devices with the latest anti-virus, anti-malware and firewall software and ensure they are not prone to viruses and malware.

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COLLECTION, USE AND DISCLOSURE OF PERSONAL DATA
13.2 You consent to the collection, use, disclosure and processing of your Personal Data and information relating to the Card Account and your use of the Card by us and any of our officers, employees, agents, contractors or service providers for any of the following purposes (collectively, the "Permitted Purposes"):
  (a) processing your application for Card Account, services and products by us;
  (b) account opening and operations relating to the Card Account, establishing or revising a Credit Limit and closing the Card Account;
  (c) enrolling in and facilitating the provision of any Digital Payment Service;
  (d) managing our business operations and complying with our internal policies and procedures;
  (e) administrating loyalty and rewards programs (including the processing of redemption vouchers, benefits or entitlements);
  (f) conducting checks with the Do Not Call Registry;
  (g) providing services, Card benefits (e.g. vouchers), facilities and products offered by us to you;
  (h) administrating or managing the relationship between you and us;
  (i) carrying out your instructions or responding to any enquiries by you;
  (j) conducting identity or credit checks;
  (k) developing new services or products;
  (l) providing you with marketing, advertising and promotional information, materials or documents we think may be of interest to you. We may disclose your Personal Data to business partners (such as co-branders) for use in developing and marketing offers to you. You have the right to opt out of receiving such marketing information. You can do so by writing to us, telephoning us or sending an e-mail to us at our address or number on the Website. If you do not exercise your right to opt out of receiving such marketing information, you will be considered to have consented to the receiving of such marketing information and we may continue to provide such marketing information to you;
  (m) complying with any law or the requirements of any regulatory authority. We reserve the right to collect, use or disclose your Personal Data if the collection, use or disclosure is required or authorised under any written law, even where you have exercised your right to withdraw your consent pursuant to clause 13.4;
  (n) seeking professional advice (including obtaining legal advice and facilitating dispute resolution);
  (o) updating you on our products and services;
  (p) advising an Establishment or other interested person the Card numbers of new, renewed, replaced or terminated Cards so that they can, amongst other things, process a Transaction or refuse to process a Transaction;
  (q) processing any applications or requests for new products or services made by you;
  (r) enforcing our rights against you;
  (s) maintaining the safety and security of our premises with the use of security cameras;
  (t) carrying out any proposed novation, assignment, transfer or sale of any of our rights or obligations with respect to the Card Account or any facilities and services available in association with the Card; and
  (u) taking out an insurance policy which may provide coverage to you and some members of your immediate family.
We will not use, disclose or process your Personal Data for purposes which are not stated above or for which we have not obtained your consent. If we wish to use, disclose or process your Personal Data for another purpose we will seek your prior written consent.
13.5 We may disclose your Personal Data for the Permitted Purposes to a related corporation (as defined in the Companies Act); Diners Club International; any member of the Diners Club network; any credit bureau of which we are a member or subscriber and/or to any other members, subscribers or compliance committee of the credit bureau; any other person to whom disclosure is permitted or required by any law; and our third party service providers and agents (including our lawyers). Those recipients may be located in or outside Singapore. Without limitation to the generality of the foregoing, we are not responsible for any breach of confidentiality by any third party provider of any service associated with an Enabled Device or Digital Payment Service.

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MISCELLANEOUS
14.8 These terms and conditions are governed by Singapore law and you submit to the non-exclusive jurisdiction of the courts of Singapore. You agree that we may at our discretion institute proceedings in relation to the Card, the Card Account, the Enabled Device and the Total Indebtedness in Singapore or in any other place courts have jurisdiction.

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TRADEMARKS
15.1 Diners Club International (DCI) is the sole and exclusive owner of the Trademarks and the goodwill associated therewith and all rights in and to all uses of any of them. The Trademarks have acquired valuable goodwill and secondary meaning, and neither we, as the Franchisee nor you shall challenge or adversely affect DCI's ownership rights therein.
15.2 Belong, Club Cash, Global Vision, DINERS, DINERS CLUB, DINERS CLUB INTERNATIONAL with Split Circle Logo and Split Circle Logo are trademarks and/or service marks of Diners Club and are used registered throughout the world.
15.3 You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, frame, create derivative works from, transfer or otherwise use in any way for commercial or public purposes in whole or in part of any information, software, products or services obtained from any of our collaterals, Website, or online platform.

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