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otherwise.
1 Eligibility
2 Cards
3 Transactions
a) Transactions shall be executed subject to Clause 3.
7 Statements
a) You will receive a periodic Card statement detailing all
Transactions, fees and charges on the Card. The statement shall
be sent to the address or e-mail address indicated by you on the
Card application form. In instances where you have opted to
receive your statements in electronic format, you forfeit your right
to receive paper statements of card account.
b) The statement shall be deemed to be conclusive evidence of all
Transactions, fees and charges (including interest) unless you
notify us otherwise in writing within thirty (30) days of the
statement due.
c) In the case of principle and supplementary Card holders, Card
statements shall only be delivered to the principle Card holder.
8 Security
a) You must keep Account numbers, Card numbers and PINs
confidential at all times
b) If you suspect or discover that your Card, Account or PIN number
has become known by any third party or your Card is lost or
stolen you must notify us immediately and cooperate with any
administrative proceedings we may have in relation to
investigation and recovery of the Card.
c) You shall be liable for any Transaction, fees or charges on the
Card prior to notification to us of a lost or stolen Card. Subsequent
to notification, and after reasonable time of a lost or stolen Card,
you shall only be liable for Transactions, fees or charges on the
Card up to a maximum aggregate amount of RO 25 unless it is
proven you have acted fraudulently.
d) In the event a lost or stolen Card is subsequently found it must
not be used and must be returned to us immediately.
e) You agree and acknowledge that we may disclose information
about you and the Account to the police or third parties if it will
help prevent or recover losses.
f) For security purposes, in the event you desire to change a PIN
applicable to a Card held by you, you are advised not to change
a PIN to a code similar to any other code used for any other card
held by you. We shall not be liable for any costs, loss or damage
howsoever incurred by you due to any change in PIN, including
but not limited to exposure of the PIN during the PIN change
process.
c) The Card is and shall remain our property and must, upon
withdrawal, suspension, cessation or termination of the Card or
the Card facility, be returned to us.
d) In the event of such notice for return of the Card the Card must
not be used as from the date of receipt of notice.
e) Any withdrawal, suspension cessation or termination of the Card
or the Card facility shall not affect your accrued liabilities to us in
relation to the Card or these Terms.
f) You may terminate the Card facility upon thirty (30) days written
notice to us. Termination by you shall only be affective from expiry
of the thirty day notice period and shall be conditional on return
of the Card to us and full and final settlement of your liabilities
under the Card.
g) You shall remain liable for charges incurred on the Card including
Transaction amounts, fees or charges for a period of ninety (90)
days from the effective date of termination.
10 Liability and Indemnity
a) You should be liable for all losses incurred by you in the event you
have breached your obligations hereunder or acted without
reasonable care or fraudulently. In the case of principal and
supplementary Card Holders, the principle Cardholder and
supplementary Cardholder shall be jointly and severally liable for
all obligations under the Card facility provided however that the
principle Cardholder shall at all times remain liable for all
obligations under the Card, including the principle Card and the
supplementary Card.
b) You will indemnify us, our officers, agents, employees and
Affiliates on a full indemnity basis from and against all actions,
claims, proceedings, demands, losses, damages, costs,
expenses, charges, taxes, penalties and legal costs and any
other liabilities of whatsoever nature which we may suffer or
sustain by reason of any breach of these Terms or any fraudulent
or negligent act on your part.
c) No claim by you against a merchant may be the subject of a
defence or counter-claim against us.
d) We do not guarantee goods or services purchased using a Card
or entertain disputes between you, merchants, insurance
companies or any other third party.
e) We shall not be liable for any act, warranty or guarantee by a
merchant, any failure to deliver, misrepresentation or any other
breach by a merchant whatsoever and you expressly waive any
right you may have against us or any of our affiliates in respect of
a Transaction.
f) We shall not be liable for any failure in any Machine, whether or
not owned or operated by us.
g) We shall not be liable for any failure to fulfil our obligations expect
if such failure is due to our gross negligence or wilful misconduct.
h) We shall not be liable for any direct, indirect or consequential
cost, loss or damage suffered or incurred by you as a result of
any failure in the performance of any Machine or any equipment
associated with utilisation of the Card.
18 Right of Set-Off
22 Declaration
I hereby acknowledge that I have read and understood of all the terms
and conditions that allow me to get a Diners Club Credit Card and I
will abide by the instructions of card usage as a result of the Credit
facility extended to me. I also undertake to pay all or any due
amounts on the due dates sent to me through DCIO on a periodic
basis. I further affirm that I fully understand that I may be subject to
legal action in the event that my cheque returns unpaid by my
issuing bank and that you shall be entitled to pursue legal
proceedings against me. I understand that Diners Club Oman
reserves the right to decline this application without giving any
reason and that no correspondence by DCIO may be sent out for
this purpose.