III. Terms and Conditions on using Debit card

Article 1. Rights and obligations of the Card holder

1. Rights of the Card holder

• To use the Card to deposit, withdraw in cash and pay for purchase of goods and services within the balance scope of the card account /Spend account/overdraft limit (if any) on the Spend account at VPBank Timo and the use of Card as stipulated at Clause 3 of this Article.
• To use the Card within the limit including payment limit, transfer limit, cash withdrawal limit, other limits during the use of Card as stipulated by VPBank Timo published on the official website and/or at the transaction points of VPBank Timo from time to time.
• To request VPBank Timo to reissue the PIN, Card, suspend or terminate use of the Card, and change the limit as prescribed by VPBank Timo.
• To entitle to incentives for the Card holder of VPBank Timo and/or partners of VPBank Timo from time to time.
• To request VPBank Timo tracer and make complaints about use of the Card. Cases of tracer, methods, documents, and time to submit tracer requests and related issues shall comply with regulations of the law and of VPBank Timo published on the official website and/or at the transaction points of VPBank Timo from time to time.
• To be supplied information on card transaction history and card account balance, limit related to the use of Card and other necessary information as stipulated by VPBank Timo.
• To receive the deposit balance on the Spend account attached to the Card as prescribed by the law.
• To request VPBank Timo close/open/freeze/suspend the use of Card in accordance with regulations of VPBank Timo.
• To participate in incentive programs for Card holder by VPBank Timo in each period.
• Other rights under provisions of the law.

2. Obligations of the Card holder

• To directly receive the Card/PIN or request VPBank Timo to send the Card/PIN by post/express. The Card holder agrees and certifies that VPBank Timo is deemed to have finished delivery of the Card and PIN to the Card holder when the Card and PIN have been delivered to the address registered with VPBank Timo by the Card holder. The Card holder commits to assume any liabilities for risks arising out of receipt of the Card, PIN by this method unless otherwise caused by the fault of VPBank Timo.
• To keep the Card and keep confidential Card related information, especially the PIN. The Card is not transferrable.
• To make payment to VPBank Timo for all card transactions incurred (including transactions with or without signatures, PIN or with signature different from the one of the Card holder at the back of the Card) if VPBank Timo gives evidence that the Card is used to perform transactions in accordance with the regulations on Scope of use of the Card at Clause 3 of this Article.
• Not to use the Card for any unlawful transactions or purposes. Be responsible to VPBank Timo and the law for acts of frauds, forgery of the Card by the Card holder and card transactions involving fraud and forgery.
• The Member as the main Card holder shall open the payment deposit account at VPBank Timo.
• To immediately and unconditionally refund to VPBank Timo excess amounts withdrawn by the Card holder, withdrawal/payment beyond the balance of Spend account, transactions wrongly credited to the account of the Card holder and other mistaken transactions to which the Card holder fails to prove his/her legal ownership. To agree to allow VPBank Timo automatically debit these amounts without notice to the Card holder.
• Where the card is stolen, lost or the PIN is disclosed, the Card holder shall immediately notify to VPBank Timo via the Timo Care as regulated by VPBank Timo from time to time or directly notify at the transactions points of VPBank Timo. Where the Card is taken advantage of due to a theft, displacement, PIN disclosure, and other frauds/forgeries before VPBank Timo locks the Card on the system, the Card holder shall bear all losses for all card transactions caused by the Card being taken advantage of. The Card is locked on the system right after occurring the following cases: (i) the Member locked the Card on Timo application; (ii) VPBank performs to lock the Card on the system upon receiving the Member’s call via Timo Care to request to lock the Card (recorded call); (iii) VPBank performs to lock the Card on the system upon receiving the Member’s written request. The notice on locking Card will be directly sent by VPBank to the Member corresponding to the method that the Member requests to lock the Card (via Timo application/call/at transactions point).
• To register the sample signature in ball-point pen at the signature box at the back of the Card upon receiving it. When performing transaction at CAU, the Card holder shall sign on invoices/documents by this sample signature unless the transaction is not needed the Card holder’s signature.
• Not to use the Card declared as lost or misplaced and return VPBank Timo the Card declared as lost or misplaced upon finding.
• To make full and timely payment to VPBank Timo of fees incurred from the use of the Card.
• To comply with provisions of the Terms & Conditions, relevant provisions of VPBank Timo and of domestic/international Card Institutions and of the law in regard of issuance and use of the Card.
• Other obligations under provisions of the law.

3. Scope of use of the Card and payment obligations of the Card holder:

• Card holder may use the Card to withdraw cash at CDMs/ATMs/POSs of VPBank and ATMs/POSs in the coalition of NAPAS, and at CDMs/ATMs/POSs with the symbol of an international card institution (for international cards); to pay for goods and services at CAUs, via Internet, email, telephone, etc. and use other services provided by VPBank Timo and other banks directly or indirectly associated with VPBank Timo through one or more intermediary organizations.
• The Card holder agrees that upon card payment transactions, depending on each card transaction and requirements/provisions by VPBank Timo and/or by the international card institution and/or by the CAU in accordance with the regulations of the law and international card institution, card transactions may be authenticated using methods including but not limited to:
  – The Card and Card holder present at the CAU; and/or
  – Signature of the Card holder on the invoice of card transaction; or
  – Entering the PIN upon transaction; or
  – Card details (Card name/Card number/CVV/CVC codes, etc.) provided via email, telephone, internet, etc.; or
  – Any other authentication method registered with VPBank Timo by the Card holder; or
  – Any other authentication method specified by VPBank Timo, international card institutions and CAUs.
• The Card holder is fully aware and understand that when the Card holder performs card payment transactions for which the Card and/or Card holder is not present in person at CAU (eg. online transaction, etc.) and when the Card holder does not keep confidential card details, Card of the Card holder may be taken advantage of for payment transactions which do not require in-person presence of the Card and/or Card holder at the CAU. By signing this contract, the Card holder fully acknowledges and accepts those risks.
• The Card holder assumes liability for paying to VPBank Timo for all transactions incurred and authenticated by any method mentioned in point (a) above. The Card holder agrees that the account statement sent by VPBank Timo will be the evidence confirming transactions, costs, interest (if any) and debits and credits in the account statement are true and valid and the Card holder shall make payment of all transactions, costs and interest shown on the account statement in accordance with the deadline in the account statement.

Article 2. Rights and obligations of the VPBank Timo

1. Rights of VPBank Timo

• To terminate use of the Card by the Card holder by cancelling or withdrawing the Card if the Card holder violates conditions and terms of use of the Card under the Terms & Conditions, uses the forged Card or Card suspected forged.
• To be exempt from liabilities when the Card is taken advantage of withdrawing cash, paying goods, sservices and performing other transactions in case the Card is missed/stolen/defrauded and/or forged except for the fault of VPBank Timo.
• To bear no responsibility for delivery, quality of goods and services paid by card. To be entitled to debit on the card account the value of goods and services whether or not goods and services have been delivered or carried out.
• To be held harmless in case complaints and tracer requests of the Card holder are not handled by the paying bank/domestic/international card institutions under their provisions, except for the fault of VPBank Timo.
• To change the limit of use of the Card in accordance with the policies of VPBank Timo from time to time.
• Other rights under provisions of the Terms & Conditions, and of law.

2. Obligations of VPBank Timo

• To respect rights and benefits of the Member under the Terms & Conditions.
• To make timely, fully payment orders after checking, controlling legality, validity of the payment orders.
• To keep details of the Member’s Card, not to collect, use, transfer the Member’s details to the third party without the Member’s approval unless the competent State authorities request and/or specified at the Terms & Conditions.
• To make compensation for actual damages arising out of the VPBank Timo’s violations to the regulations on supplying service of debit card as stipulated by this agreement and the law.
• Other obligations under provisions of the law.

Article 3. Fee schedule

1. During the use of the Card, the Card holder assumes liability for paying to VPBank Timo any fees as stipulated by VPBank Timo in accordance with the laws, including but not limited:
   • Fee in regard of opening, using, managing Account/Card as stipulated by VPBank Timo from time to time.
   • Card issuance: means fee that the Card holder shall pay for registration of Card issuance, including: the first issuance fee, reissuance fee.
   • Statement issuance: means fee that the Card holder shall pay to request VPBank Timo to issue the statement for transaction(s).
   • Tracer fee: means fee that the Card holder shall pay in case the Card holder has incorrect or wrong tracer request on performed card transactions.
   • Fee of changing card status: means fee that the Card holder shall pay to request to open/lock the Card.
   • Service fee or administrative fee for any requests, services or utilities provided or performed by VPBank Timo at the request of the Card holder in regard of the Card holder’s card account.
   • Other fees are in accordance with the law and specified at the Fee schedule for card of VPBank Timo.
2. The Fee schedule for card is specified and published by VPBank Timo on the official website and/or at the transaction points of VPBank Timo from time to time.
3. In case the Fee schedule for card is changed, VPBank Timo will give a notice to the Card holder by one of methods as stipulated at Article 1, Part III of the Terms & Conditions. Changes on fee become effective to the Card holder upon 07 days since VPBank Timo notifies and the Card holder shall fully pay to VPBank Timo under new Fee schedule.

Article 4. Collection, renewal, reissuance and rejection of Card

1. VPBank Timo will collect the Card in the following cases:

• Forged card.
• Unauthorized card.
• For purpose of investigation, handling criminals as stipulated by the law.
• Other cases on Card collection are regulated and published by VPBank Timo on the official website and/or at the transaction points of VPBank Timo from time to time.

2. The Cardholder may request VPBank Timo to change, reissue the Card and shall pay for fees to change and reissue the Card as prescribed by VPBank Timo.
3. Fees related to change, renewal, and reissuance of the Card shall be borne by the Card VPBank Timo may debit the card account of the Card holder for related fees as prescribed by VPBank Timo.
4. Rejection of the Card: The Card shall be rejected when:

• The Card is listed in Black card list of card institutions.
• The forged card or in connection with the forged transactions.
• The balance of the main Card holder’s spend account has no enough to pay.
• The Card is notified to be lost by the Card holder and VPBank Timo confirmed to receive this notice.
• The Card holder violates regulations of the Terms & Conditions and regulations of VPBank Timo on the use of the Card published by VPBank Timo on the official website and/or at the transaction points of VPBank Timo from time to time.
• The Card is related to transactions applied by the embargo, sanction.
• The Card holder fails to fully pay fees or financial obligations under the Fee schedule and/or regulations published on the official website and/or at the transaction points of VPBank Timo from time to time.
• The Card holder violates regulations on card payment of Card payment institution and of the State of Vietnam.
• The Card is not registered or not licensed relevant services.
• Other cases under regulations of VPBank Timo on the official website and/or at the transaction points of VPBank Timo and of the law.