SITE UNDER MAINTENANCE
INTERNATIONAL DEBIT CARD
CARDHOLDER AGREEMENT & DISCLOSURE STATEMENT
This Cardholder Agreement and Disclosure Statement ("Agreement") is the agreement between you and Loyal Bank Limited (“Bank”), the bank issuing to you your International Debit Card ("Card") and governs your use of the Card.
By accepting or using the International Debit Card or authorizing any other person to use your Card you hereby understand and agree to be bound by the terms and conditions presented below. You understand and agree that the terms and conditions provided here will govern your use of the Card.
1. The International Debit Card. The International Debit Card you have received is issued in associated with a Bank Account (“Account”) established in your name at the Bank. In order for you to use the International Debit Card, funds will need to be deposited in your Account. The International Debit Card may be used by you at any Automated Teller Machine ("ATM"); Point of Sale ("POS") location that bears the network logos that appear on the back of your International Debit Cardor on the Internet. Your Personal Identification Number ("PIN") will identify you as the proper user of the International Debit Card.
2. International Debit Card Funding. You may use your International Debit Card only to the extent you have available funds on deposit in your Account associated with your International Debit Card, subject, to the terms and conditions hereof. Your Account can be funded by you in the following ways: (a) in the ways described on our Internet website at www.loyalbank.com or (b) by direct deposit of your wages by your employer; or (c) by the transfer of funds from another Account that is on our Bank system. You will be responsible for all fees relating to the deposit of your funds into your Account as such fees may be charged by third parties. The maximum amount that you can have on deposit in your Account at any one time is $10,000.00. The minimum amount that you can have on deposit in your Account is $10.00. All deposits made by you will be in or converted to United States of America Dollars ("USD"). We will take no responsibility for the conversion rate of your deposit into USD. The funds available on your Account cannot exceed $10,000.00.
3. Availability of Funds. In general, your funds will become available to you via the International Debit Card within two (2) banking days after your cash deposit or within one (1) banking day after you have transferred funds from Account to Account. Please review your Account on our Internet website to determine exactly when the funds are available. The maximum amount that you can use of your available funds per day for any ATM transactions are $1,000.00 and for any POS transactions are $1,000.00. You may use your International Debit Card only to the extent that you have available funds in your Account. Some additional limitations may be in effect at the ATM level, which are out of our control.
4. Reserve. At the time your Account is activated we will hold back in a reserve account the sum of $10.00. The $10.00 shall be held by the Bank as a fund for the payment of the Fees described herein and to cover any losses we may sustain relating to your International Debit Card. At all times you will be required to have and maintain the $10.00 reserve.
5. Customer Service. You may call at +361-383-0853 or access your account via our Internet Website at www.loyalbank.com to access your current Account balance, to determine whether a fund transfer or deposit has occurred and whether or not the funds are available, to report a lost International Debit Card or PIN, or to question a transaction. There will be no transaction fee charge for you accessing your Account over the Internet, IVR or via a live customer service representative. Your PIN and Internet Access code will accompany your International Debit Card and must be used in order for the Bank to provide you access to customer service. Our customer service representatives are available to you 24 hours a day, 7 days a week in multiple languages.
6. No Interest on Your Funds. You will not receive any interest on your funds.
7. International Debit Card Uses. You may use your International Debit Card for the following:
(1) Automated Teller Machine ("ATM") Services: You
may use your International Debit Card to withdraw cash, or to inquire
about your account balance at any ATM that bears the network logos that
appear on the back of your Card. You may not use the ATM to deposit funds on your International Debit Card.
(2) Point of Sale ("POS") Services: You
may use your International Debit Card to purchase goods and services at
any retail or other establishment that displays the network logos that
appear on the back of your International Debit Card.
(3) Fund
Transfer Services. You may use your International Debit Card to
transfer any amount of your available funds to another card, which is
on our system. (4) Shop the Internet: You may use your International
Debit Card to make purchases at merchants that use the World Wide Web
to market products or services. (5) Pay Bills on Line.
8. Fees. Fees applicable to your use of the International Debit Card are set forth in the Schedule of Fees found in paragraph 20. These Fees are subject to change at any time. If your Fees change it will be noted on the Website. No change will be effective for at least thirty (30) days after we have posted a revised International Debit Card Holder Agreement and Disclosure Statement or otherwise a notice of a change in Fees on the Website.
9. ATM/POS Personal Identification Number ("PIN"). The PIN that accompanies your International Debit Card is a security feature that functions as your signature, identifying you as the proper user of the International Debit Card and authorizing any transactions that you make via the International Debit Card. Your PIN allows you to access your Funds. Keep your PIN in a safe place, separate from the International Debit Card. Do not reveal the PIN to unauthorized users of the International Debit Card. Regardless of your actions you assume full responsibility for any and all transactions made by unauthorized users. If you voluntarily give your International Debit Card and/or allow others access to your PIN to another person you will be responsible for their use of your International Debit Card.
10. Receipts at Electronic Terminals. You should get a receipt at the time you use your Interntional Debit Card at an ATM, or for a POS purchase of goods or services.
11. Card Statements. You will have available on the Website all of the information concerning your Bank Account and International Debit Card. There will be no written account statements unless you request a statement from customer service. You may be required to request the statement in writing. There will be a $5.00 fee plus postage charged to your Bank Account for the written statement. The information on your Bank Account will be at our Internet website: www.loyalbank.com. You will need to properly identify yourself by the use of your PIN and Internet Access Code that came with the delivery of your International Debit Card in order for you to access the Internet Website.
12. Loss, Theft or Unauthorized Use. You must notify us immediately if you believe that your International Debit Card has been lost or stolen, or used without your permission, or that someone has learned your PIN or International Debit Card number, or if you have lost or misplaced your PIN or Internet Access Code. Telephoning customer service is the best way of minimizing your possible losses as you could lose all of your Funds. When you call us you must be able to provide us with your International Debit Card number and your PIN or information concerning your International Debit Card Registration. If you are not able to so identify yourself than we will not be able to help you. If you properly notify us then we shall upon your request immediately cancel your International Debit Card and reissue to you a new International Debit Card, PIN and Internet Access Code. In any event we are not responsible for any losses relating to any International Debit Card which is lost, stolen or misused. You should review your account on our Internet Website and notify us immediately if your International Debit Card account shows transfers or transactions that you did not make or authorize.
13. Complete Transactions. It is our intent to complete your International Debit Card transactions in a timely and efficient manner. However, circumstances beyond our control may result in our inability to complete your transaction. These circumstances include but are not limited to the following: (1) per our records, you do not have adequate Funds available to complete the transaction; (2) if an ATM where you are making a withdrawal does not have enough cash and/or restricts the amount of the withdrawal; (3) if an electronic terminal where you are making a transaction does not operate properly; (4) if circumstances beyond our control (such as fire, flood or communications or computer failure) prevent the completion of the transaction; (5) if access to your account has been blocked after you have reported your International Debit Card lost or stolen; (6) if a merchant refuses to accept your International Debit Card; (7) if there is a hold on your Bank Account for any reason; (8) if your Funds are subject to legal process or other encumbrance restricting their transfer. While we will always attempt to complete your International Debit Card transactions we shall have no liability to you in the event we are unable to complete a transaction for any reason.
14. Error Resolution. In case of errors or questions or if you need more information about your International Debit Card transactions, please call our customer service as soon as possible via telephone at +36-1-383-0853. In the event of an error relating to a purchase transaction you will need to request a correction, refund, or credit from the merchant. In the event of any other error we will attempt to assist you in attempting to correct the subject transaction. We must hear from you no later than sixty (60) days after the transaction appeared on your account. When you notify us: (1) tell us your name, PIN and International Debit Card number; (2) describe the error or transaction that you are unsure about, and explain as clearly as possible why you believe that it is an error or why you need more information; (3) tell us the dollar amount of the suspected error and where and when the transaction took place. If you tell us orally, we may require that you send us your complaint or question in writing within ten (10) business days. With this information we assist you in correcting the transaction. If we are successful, then the transaction will be corrected and there will be no fees for our efforts. We will report to you via the Internet Website the results of our efforts within three (3) business days of our being notified.
15. Confidentiality. We may disclose information to third parties about your International Debit Card transaction history: (1) where it is necessary for completing transactions; (2) in order to verify the existence and condition of your International Debit Card and Funds for a third party, such as a merchant; (3) in order to comply with a government agency or court orders, or other legal reporting requirements; (4) if you give us your written permission; or (5) to provide customer service and otherwise as required within our organization and the Bank. Information concerning your International Debit Card transaction history may be shared within our organization, with customer service, and with the Bank. Other information, including information you have given us in connection with obtaining a International Debit Card or information we may receive from other third party, also maybe shared within our Organization, with customer service, and with the Bank. You may direct in writing that information other than your card transaction history not be shared by contacting us. For purposes hereof our organization includes, where applicable, program sponsors and their representatives and agents and customer service representatives.
16. Your Cancellation. You may cancel your Bank Account and International Debit Card at any time. To cancel the Bank Account and International Debit Card you will need to call our customer service number and properly identify yourself by the International Debit Card number, PIN password and/or registration. To cancel your Bank Account and International Debit Card, you will need to return the International Debit Card to an address customer service shall provide. There will no refund of the price you may have paid for the International Debit Card. In the event you have loaded funds in your Bank Account then we will return to you the amount you have loaded less the amount you have used for an ATM or POS transaction and less all applicable fees. We will not refund to you any money you may have paid to third parties or to us for depositing your funds into the Bank Account.
17. Our Cancellation. We may cancel this Agreement, your Bank Account and the International Debit Card and the related uses of the Bank Account and International Debit Card for the following reasons: (a) in the event three (3) consecutive International Debit Card transactions in any one (1) day have been declined for using the wrong PIN; (b) as required by law; or (c) for such other reasons we deem to be in our best interests. In the event we have cancelled your Bank Account and International Debit Card we will notify you via the Internet Website of the cancelation. In the event of such cancellation, the balance remaining in your International Debit Card account, after the payment of all fees, will be returned to you pursuant to the terms hereof. To obtain a refund you will need to call our customer service and properly identify yourself and request the refund and return the International Debit Card to the address customer service will provide.
18. International Debit Card Suspension. We may suspend this Agreement, your Bank Account and International Debit Card, and the related uses of the International Debit Card for the following reasons: (a) if the $10.00 reserve fund has not been maintained by you and has been reduced below $10.00; (b) as required by law; or (c) for such other reasons we deem to be in our best interests. In the event we have suspended your Bank Account and International Debit Card we will notify you via the Internet Website that the Bank Account and International Debit Card has been suspended. Your Bank Account and International Debit Card will be reactivated and the suspension terminated upon your making a deposit of funds into your Bank Account and International Debit Card. You have 90 days to reactivate your Bank Account and International Debit Card from the date it was suspended. Pending registration and/or receipt of the additional Funds you may not use your International Debit Card
19. Refunds. At the expiration of your Bank Account and International Debit Card due to the International Debit Card being cancelled or not renewed the balance remaining on your International Debit Card including any balance in your reserve, after the payment of all fees will be returned to you pursuant to the terms hereof. You will be required to call our customer service and request a refund. You will need to have your card number, PIN, and/password to identify yourself by virtue of your prior registration. Upon your request for a refund we will mail to you the balance remaining in your account. If we do not hear from you within 180 days of your account being cancelled or not renewed or we are unable to refund to you your funds due to incorrect or incomplete information we will then keep and retain as our own property without further obligation to you the balance remaining in your account.
20. Schedule of Fees. You or your International Debit Card account will be charged various fees:
Monthly Maintenance Fee $4.95 The monthly fee will be charged to your account every 30 days beginning with the first day after your International Debit Card has been activated. ATM Withdrawal Fee (US) $1.75 In addition to the fee due us, you may be accessed a separate fee from the owner of the ATM. ATM Balance Inquiry, Decline (US) $1.50 ATM Withdrawal Fee (International) $3.00 In addition to the fee due us, you may be accessed a separate fee from the owner of the ATM ATM Balance Inquiry, Decline (Int’’) $1.50 POS Fee (US) $0.25 POS Decline & Return Fee (US) $0.25 POS Fee (International) $0.50 POS Decline & Return Fee (Int’l) $0.50 Account to Account Transfer Fee $ 2% of the dollar value of the transfer Internet Account Access FREE Live Customer Service Fee FREE Internet Access Code Change $1.10 Internet Access Code Replacement $5.50 Internet Access Code Cancellation $5.50 Blocked amount on Card $10.00
21. General. All transactions relating to your Bank Account and International Debit Card will be in or converted to United States of America dollars. We will attempt to convert your deposit if made in another currency to United States of America Dollars on the best terms available, provided, we will incur no liability to you for the currency conversion. All reports, printed materials, customer service and the Internet Website will be in English and Spanish if possible. The PIN assigned to you may not be changed. In the event you have lost your PIN you will be required to order a new International Debit Card.
22. Amendment. We may amend or change the terms of this Agreement at any time and from time to time. We will notify you via the Internet Website thirty (30) days prior to the effective date of any such changes.
23. Arbitration. Any Dispute, which cannot otherwise be resolved via the Customer Service Center shall be resolved by arbitration, conducted in accordance with the commercial arbitration rules of the American Arbitration Association ("AAA") and judgment upon the award rendered by the arbitration tribunal may be entered in any court having jurisdiction thereof. The arbitration tribunal shall consist of a single arbitrator mutually agreed to by the parties, or in the absence of such agreement within 30 days from the first referral of the dispute to the AAA, designated by the AAA. The place of arbitration shall be in Miami, Florida, unless the parties shall have agreed to another location within 15 days from the first referral of the dispute to the AAA. The arbitration award shall be final and binding. The parties waive any right to appeal the arbitration award; to the extent a right to appeal may be lawfully waived. Each party retains the right to seek judicial assistance: (a) to compel arbitration; (bi) to obtain interim measures of protection prior to or pending arbitration; (c) to seek injunctive relief in the courts of any jurisdiction as may be necessary and appropriate to protect the unauthorized disclosure of its proprietary or confidential information, and (d) to enforce any decision of the arbitrator, including the final award.
24. Severalty. In the event that any provision of this Agreement is determined to be invalid, illegal or unenforceable, such determination shall not affect the other provisions of this Agreement.
25. Governing Law. This
Agreement shall be governed by, and construed in accordance with, the
laws of St Vincent and the Grenadines, British West Indies.