Article 7. Investigating, handling claim during using Card

1.  Method of receiving request of investigating, claim of Card holder

a.    When desiring to investigate, claim Card transactions, Card holder might directly come to Timo’s transaction points or contact to Timo Care Call Center and Timo Application (if any) or via other methods deployed by VPBank in each period. In case Card holder requests to investigate, claim via Call Center of Timo, Card holder must be responsible to supplement request form of investigate, claim (according to form of VPBank) in the duration regulated by VPBank in each period. Card holder should fully comply with regulations, requirements and procedures of VPBank when investigating, claiming under provision of laws.

b.    In case Card holder notices VPBank about suspicion of fraud or loss, in order to promptly limit possible loss, Card holder agrees VPBank to consider locking card. In case of locking card, VPBank shall notice Card holder to know and take responsibility for the whole financial loss for Card holder due to use of Card after locking Card.

2. Duration for VPBank to handle investigation, claim:

Depending on each type of Card, (in this case Card is issued BIN by State Bank of Vietnam) and type of Card transaction performed by Card holder (Card transaction in the system, interbank card transaction, payment transaction, cash withdrawal transaction at ATM, etc), VPBank shall settle and reply to Card holder’s requests of investigate, claim in the duration respectively to nature of each transaction on the basic of complying with the legal period of handling inspection, claim prescribed by laws. Duration to settle and reply request of investigate, claim shall be announced publicly by Timo.

3. Handling result of investigation, claim: Handling result of investigation, claim of Card holder shall be performed in the duration under regulations of laws and ensure the following rules:

a.    In case of damage arising not due to Card holder’s fault and/or no event of force majeure under regulation of the General Transaction Terms and Conditions, maximally within 5 working days from the date of noticing result of investigation, claim to Card holder, VPBank shall compensate and refund to Card holder according to written agreement between VPBank and Customer. In case of damages arising due to relevant parties’ fault (Card payment organization, card switching organization, card support organization, card merchant acquiring, etc), faulty party shall compensate and refund to VPBank under agreement between parties in accordance with regulations of laws.

b.    In case of damage arising due to Card holder’s fault: VPBank is not obligated to compensate and refund damage for Card holder.

c.    In case the duration of handling request of investigation, claim under agreement in the General Transaction Terms and Conditions is over but it fails to determine the reason or which party causes fault, within 15 next working days, VPBank and Customer shall negotiate in writing plan of handling investigation, claim or negotiate about refunding temporarily to Card holder until competent authority’s conclusion clarifies fault and responsibility of parties.

d.    In case there is any sign of crime, VPBank shall notice state competent authority under provisions of law on criminal procedure and report State Bank of Vietnam (Payment Department, state bank of local province, city); moreover, Card holder notice in writing about status of handling request of investigation, claim. Handling result of investigation, claim shall be performed by state competent authority. In case state competent authority notices that result of handling is no crime factor, within 15 working days from the date that state competent authority concludes, VPBank and Card holder shall negotiate plan of handling investigation, claim.

e.    In case VPBank, Card holder and relevant parties fail to negotiate and/or agree with process of request of investigation, claim, dispute settlement shall be performed under regulations of laws.