USAGE OF  VIETCOMBANK TAKASHIMAYA PREPAID CARD 

(NO PIN) 

ARTICLE 1: DEFINITIONS
In this Terms and conditions for No PIN Prepaid Card Issuance and Usage (Terms and Conditions), the words and expressions shall have the following meanings:
1.1.    “The Bank”: is Joint Stock Commercial Bank for Foreign Trade of Vietnam (Vietcombank)
1.2.    “Saigon Centre Shopping Mall (Saigon Centre): is the shopping mall managed and operated by Keppel Land Watco II Co., Ltd (Keppel Land), including Takashimaya Shopping Mall, supermarkets and other specialized stores, located at 92-94 Nam Ky Khoi Nghia Street, Ben Nghe Ward, District 1, Ho Chi Minh City, Vietnam.
1.3.    “Takashimaya Shopping Mall (Takashimaya): is the shopping mall managed and operated by Takashimaya Vietnam Co., Ltd, placed in the podium shopping block of Saigon Centre. Accordingly, Takashimaya cooperates with Vietcombank and request Vietcombank to issue the Vietcombank Takashimaya No PIN Prepaid Card.
1.4.    “No PIN Prepaid Card/Card”: is the prepaid card issued by Vietcombank to Takashimaya for Takashimaya to sell and/or award to customers. Accordingly, Card does not identify the Cardholder and allows Cardholder to make transactions  without entering PIN number during transation process. Card could not be additionally topped up and only be used for purchasing goods, services at Merchant.
1.5.    “Cardholder”: is the individual customer using the Card to make payment for goods, services through EDCs installed by Vietcombank in shops where the no PIN prepaid card is accepted and located in Takashimaya Department Store and Shopping Mall of Saigon Centre, accordingly, Cardholder is responsible for using the Card as regulations stipulated in this Terms and Conditions.
1.6.    “Website/ The official electronic information page of Takashimaya”: is the website of Takashimaya as the following link: www.takashimaya-vn.com
1.7.     “Merchant”: is the organization, individual providing goods, services which accepts Card as the payment method based on the Agreement signed with The Bank. In this Terms and Conditions, Merchant is understood as Merchant of Vietcombank in Takashimaya and Saigon Centre.
1.8.     “Card Transaction”: is the transaction made by Card at Merchant.
1.9.    “Card Expiry Date”: is the period of time in which Card works normally, from the issuance date to the expiry date. Accordingly, the Card Expiry Date is printed on the Card.

ARTICLE 2: GUIDELINE OF CARD USAGE
2.1.     General information of Card
a.     No PIN Prepaid Card for Takashimaya to award to customers: Card is awarded to customer by Takashimaya based on the promotion program. 
b.     No PIN Prepaid Card for Takashimaya to sell to customers: Card is sold at the Customer Service Counter of Takashimaya. Accordingly, upon Card purchasing, Cardholder shall be handed over with requested number of Card.
2.2.    Scope of Card usage
a.    Card could only be used for purchasing goods, services at card payment machines of The Bank in Saigon Centre.
b.    Card could not be used for cash withdrawal.
2.3.    Validity of Card
a.    Issued Card could not be extended the validity
2.4.    Denomination of Card
a.    Cardholder is allowed to make Card Transaction within the value of Card Denomination. Card Denomination is initial balance of Card and shall decrease after making transaction successfully by Card.
b.    Card could not be topped up
2.5.    Checking balance of Card
Cardholder could check the balance of Card through following methods:
a.    At card payment machines of The Bank in Saigon Centre.
b.    On the transaction receipt which the balance of Card shall be printed.
c.    Cardholder composes the text message with the syntax: “SDT card number” and sends to the switchboard 6167. Cardholder has to be charged with the communication fee as stipulated by the communication provider.
2.6.    Other regulations:
a.    In case the value of Card is not sufficient for making payment in Saigon Centre, Cardholder could make payment for the difference by other payment methods.
b.    Cardholder could use many Cards for one payment transaction of goods, services purchasing.
c.    Issued Card could not be returned (except for the case as stipulated in item d section 1 Article 4 of this Terms and Conditions); could not be refunded orconverted to other value.
d.    Cardholder could contact the Customer Service Counter of Takashimaya for further detailed information as well as solve any arising concern (if any) during the Card usage.

ARTICLE 3: RIGHTS AND OBLIGATIONS OF CARDHOLDER 
3.1.    Rights of Cardholder
a.    To be entitled to use Card to make payment for goods and services at Merchant.
b.    To be entitled to make claims for errors (if any) and other arising issues during their Card usage.
c.    To be entitled to enjoy benefits for Cardholder which implemented by The Bank and/or Takashimaya from time to time (if any).
3.2.    Obligations of Cardholder
a.    To be responsible for paying fees for purchasing Card to Takashimaya (if any).
b.    This is a prepaid card product which can be used without PIN, Cardholder can not be veryfied so that Cardholder takes  full responsiblity related to manage, ensure the safety of Card and arised risk during using Card..
c.    To be responsible for directly contacting Takashimaya to solve claims for errors (if any) and other arising issues during their Card usage, including but not limited to Card balance, Card transactions. 
d.    To be responsible for all transactions to be made by Card with/without signatures usage of Cardholder.
e.    To allow The Bank to provide the information of Card Transaction of Cardholder upon requests of Authorities and/or regulations of the Law without notification to Cardholder.
f.    To allow The Bank to provide the information of Card Transaction to Takashimaya.
g.    To be responsible for using Card as regulated by the Law, the State Bank of Vietnam, The Bank and Takashimaya. To commit not to make Card Transaction violating the Law of the Socialist Republic of Vietnam.

ARTICLE 4: RIGHTS AND OBLIGATIONS OF THE BANK
4.1.    Rights of The Bank
a.    To be exempt from liability in case the processing, communication systems fail...or for any other reasons beyond the control of The Bank.
b.    To be exempt from liability for any cases in which Card is rejected by Merchant. The Bank is also not responsible for providing goods, services (including the delivery, receipt and quantity, quality of goods, services) which are paid by Card.
c.    To be entitled to reject the authorization for Card Transaction, requests relating to Card issuance and usage which are illegal, invalid as regulated by the Law, The Bank, the State Bank of Vietnam or cases beyond the control of The Bank.
d.    To implement necessary methods without informing to Cardholder in advance, for instance, stop Card Transaction, suspend/terminate the usage, withdraw Card, cancel Card when Cardholder violates the Law relating to Card usage or regulations in this Terms and Conditions, or cases with signs indicating that Card is exploited or Card is doubted to make fraudulent transactions.
e.    For bringing the best convinience to the customer, Takashimaya proposeed The Bank to issue No PIN Prepaid Card, so that The Bank is not responsible for any risks arising because of not applying PIN as verification method for Card.
f.    To be exempt from liability for any claims for errors (if any) and other arising issues during their Card usage.
g.    To be exempt from liability in the event of counterfeit Card, Card which is not ensured to be safe or exposed Card information due to faults and/or negligence of Cardholder or third party.
h.    To be entitled to provide information of Card Transaction of Cardholder based on requests of authorities and/or according to the law in force without notification to Cardholder.
i.    Cardholder agrees to The Bank to provide information of Card Transaction of Cardholder to Takashimaya.
j.    To be entitled to process the requests of Takashimaya relating to Card, including: lock/ unlock Card; change Card and terminate Card usage. Accordingly, The Bank is entirely not responsible for  processing the above requests of Takashimaya.
k.    Not to process requests of Cardholder relating to Card, including: lock/ unlock Card; re-issue PIN; change Card and terminate Card usage.
l.    To cancel Card or terminate the usage of Card upon the expiry date. 
m.    Other rights as regulated by the Law, The Bank, the State Bank of Vietnam and agreement between The Bank and Takashimaya.
4.2.    Obligations of The Bank
a.    To be responsible for complying with regulations of Card issuing and acquiring as stipulated by the Law, the State Bank of Vietnam and The Bank, ensuring the benefits of Cardholder.
b.    To be responsible for supporting Takashimaya to directly solve all claims of cardholders relating to Card and Card transactions.

ARTICLE 5: RIGHTS AND OBLIGATIONS OF TAKASHIMAYA
5.1.    Rights of Takashimaya
a.    To be entitled to collect the fee for purchasing Card from Cardholer and do not refund the remaining balance (if any) to Cardholder after the expiry time or termination.
b.    To be entitled to request The Bank for processing requests relating to Card, including: lock/unlock Card; change Card and terminate Card usage as agreed between The Bank and Takashimaya.
5.2.    Obligations of Takashimaya
a.    To be responsible for guiding customers about conditions, procedures, rights and obligations during Card usage.
b.    To be responsible for explain for customers about not using PIN when making transaction by Card.
c.    To be responsible for solving claims about errors (if any) and other arising issues during Card usage of Cardholder, including but not limited to Card balance, Card transactions, Card locking/ unlocking, Card changing; Card termination.
d.    To be entirely responsible for all losses/damages and risks arising after Vietcombank hands over Cardto Takashimaya.
e.    To be responsible for directly solving all claims of cardholders relating to Card and Card transactions.

ARTICLE 6:  MODIFICATION TERM
The Bank and Takashimaya are entitled to modify the content of this Terms and Conditions at any time when The Bank and Takashimaya consider it appropriate. Any amendments shall be effective from the date on the notification of the modification of this f Terms and Conditions published on the official electronic information page of Takashimaya.

ARTICLE 7: GOVERNING LAW AND DISPUTE RESOLUTION
7.1.    This Terms and Conditions is governed by the Law of Socialist Republic of Vietnam, current regulations about Card issuance and usage of The Bank and the State Bank of Vietnam and regulations of Takashimaya.
7.2.    The issues which are not regulated in this Terms and Conditions shall be governed by the Law, the regulations of The Bank and the State Bank of Vietnam and regulations of Takashimaya.
7.3.    In the event of any dispute arising during the implementation, the Parties shall resolve firstly by negotiation. If no resolution could be reached, Parties may bring such dispute to the competent court in Vietnam where The Bank places its head office at the time of filing the petition for settlement as regulated.

ARTICLE 8: EXECUTION 
8.1.    The content of this Terms and Conditions creates a legal agreement between Cardholder with The Bank and Takashimaya. That Cardholder uses Card means Cardholder accepts and to be bound by the content of this Terms and Conditions.
8.2.    This Terms and Conditions is made in both Vietnamese and English versions. In case of any discrepancy or inconsistence between the Vietnamese and English versions, the Vietnamese version shall prevail.
8.3.      If one part or the whole of any article of this Terms and Conditions is invalid, unlawful or unenforceable under applicable law, the validity and enforceability of other articles of thisTerms and Conditions shall not be affected or invalidated thereby.
8.4.     The lack or delay of rights and obligations implementation of The Bank and/or Takashimaya under this  Terms and Conditions shall not be deemed a waiver of the whole or a part of rights and obligations of The Bank and/or Takashimaya except when The Bank and/or Takashimaya has notified in written about its waivers of rights and obligations.
8.5.     Cardholder acknowledges that has read, clearly understood and committed to comply with this Terms and Conditions, other regulations of The Bank and the State Bank of Vietnam as well as applicable Law of Vietnam.