The following terms and conditions apply when you add your RHB credit or debit card ( Card ) to Samsung Pay application (the App ). By adding, activate or using your Card with Samsung Pay, you are agree that you have reviewed, understood and agree to be bound by these T&C below. Terms & Conditions of RHB Samsung Pay Service. 1. These Terms 1.1 In these Terms of Use, you and your refer to the cardholder of the Card. We, us, our, and RHB refer to the issuer of your Card, RHB Bank Berhad or RHB Islamic Bank, whether under brand names RHB, RHB Bank Berhad or RHB Islamic Bank. "Use", "using" and "use of" refer the use of the Card with Samsung Pay. The Terms form a legal agreement that is binding between you and RHB ("Bank" or "we") when you create, activate and/or use the Samsung Pay App. 1.2 The term, Samsung Pay, shall include the Samsung Pay branded payment functionality, the Card provisioning functionality, and transaction history displayed. 1.3 These Terms supplement, are additional to and are to be read together with: a) the RHB Credit Cardmember Agreement (please access and read at www.rhb.com.my); b) the RHB Personal Banking Standard Terms and Conditions (please access and read at www.rhb.com.my); c) the terms and conditions of any other document or agreement governing your relationship with us. (a) to (c) above are collectively known as the "Other Terms". 1.4 A Mobile Card refers to the debit or credit card you enroll and store them electronically into Samsung Pay App. 1.5 All references to Card in the applicable card agreements include a Mobile Card and all references to Card Transactions in the applicable card agreements include transactions made with the Mobile Card. 1.6 In the event of any inconsistencies between the Terms and the Other Terms, the Terms shall prevail over the Other Terms in respect of matters relating to the App. 2. Introduction & Eligibility 2.1 We will determine, in our discretion, which Cards will be eligible for use through Samsung Pay. 2.2 To enable you to use your device to make contactless payments or online purchases, you have to enroll your Card and store them electronically to be a Mobile Card for Samsung Pay by following the instructions of the Samsung Pay App. You may acknowledge that the functionality is subject to the compatibility of the device with the Samsung Pay App, we shall not be responsible if you are unable to enroll your Card or use the Mobile Card with the Samsung Pay. 2.3 By enrolling your Card in the Samsung Pay App, you represent and warrant that you are the person to whom the Card was issued to by the Bank. Page 1 of 8
2.4 You may acknowledge that if you choose to enroll your Debit Card for Samsung Pay, you may need to enable or opt in for contactless transaction prior to the enrollment. 2.5 If your Card or underlying Card account is not in good standing, that Card may not be eligible to enroll or to be used as a Mobile Card in Samsung Pay. 2.6. For the purposes of your enrolling your Card to be a Mobile Card for Samsung Pay, we may send you a One Time Passcode (OTP) at the time your Card is being enrolled as a Mobile Card. You may acknowledge that this OTP shall be sent to your mobile number registered with us. 2.7 By using the Mobile Card for contactless payments, you agree and undertake to use the Mobile Card in accordance with the T&C, accept the risk that by enabling the Samsung Pay on your device it may lead to unauthorized contactless payment transactions using your Mobile Card, and you will be liable for all contactless payment transactions made using the Mobile Card, notwithstanding that your mobile PIN or device may have been used by any other person without your knowledge, authority or consent. 2.8 We may permit you to enroll the same Card to one (1) device only, the usage is limited to the device that you are currently using. You can only use one (1) card in one device at one time. You are deemed to have agreed to the Terms each time you have enroll your Card on any of your device. For security reasons, in the event you change device, you must remove any and all enrolled Cards in the existing device that you do not intend to use. We will not be held responsible for any loss or damage resulting from any wrongful or unauthorized use of enrolled Cards which you have fail to remove. 3. Use of the App /Mobile Card 3.1 The App and mobile Personal Identification Number (PIN) You may enroll your Card in accordance with the instructions provided to you on the App. You may be required to select a mobile PIN to enable the App. Upon successful enrolment of your Card, certain account information in relation to the Card which is- the last 4 digits of the card and Mobile Card will be transmitted to and stored in the Device. We will not be held responsible after the digitization, storage and activation instructions have been provided. 3.2 You may use your Mobile Card to enter to authorized transaction where Samsung Pay is accepted by tapping or waving the Mobile Card at a merchant s: a) Contactless-enable point of sale terminal or reader ( Contactless Payment Reader ); or b) Magnetic stripe point of sale terminal ( Magnetic Stripe Reader ). 3.3 Each transaction made using the contactless payment reader is referred to in these T&Cas a Contactless Transaction (collectively, Contactless Transaction ) and each transaction made using a Magnetic Stripe Reader is referred to in these terms as a Magnetic Secure Transmission or MST Transaction (collectively, MST Transactions ). 3.4 Any transactions made via your Mobile Card will be charged to the Card which was used to enroll as a Mobile Card. The T&C in your applicable agreement do not change and remain applicable to your Mobile Card (including interest, fees and charges) when you enroll your card as a Mobile Page 2 of 8
Card in Samsung Pay. This is governed by the RHB Card Agreement for credit cards and RHB Personal Banking Standard Terms and Conditions for debit cards. 3.5 You may use the Mobile Card for transactions for total amounts not exceeding your Credit Limit (as defined in the RHB Credit Cardmember Agreement), Card Purchase Limit (as defined in the RHB Personal Banking Standard Terms and Conditions) or such other limit as determined by us from time to time at our discretion. 3.6 You may acknowledge that your Mobile Card may be used to carry out transactions, by tapping or waving the Mobile Card at a Contactless Payment Reader or a Magnetic Stripe Reader, for amounts not exceeding a) RM250 per transaction for Contactless Transactions, or such other amount which we may specify from time to time; b) Such limit which we may specify from time to time as specified in clause 3.5 above. You may acknowledge that you will inform RHB in writing if you would choose to set a different limit for cumulative contactless transactions. 3.7 By enrolling a Card as a Mobile Card to Samsung Pay, authenticating and (i) placing your mobile device near a merchant s Contactless Payment Reader or Magnetic Stripe reader, or (ii) using such Mobile Card for in-app purchase and/or digital commerce payments, you are authorizing payment for the merchant s products or services with that Mobile Card with Samsung Pay. To complete transactions using Samsung Pay, you may be required to verify your identity as the cardholder via a method as may be determined by the card network. 3.8 Only you may use the Samsung Pay App to make authorised purchases. You shall not permit any other person from accessing and using the App and/or the mobile PIN to make any transactions. 3.9 All transactions effected via the App through the use of your mobile PIN are final, irrevocable and binding on you. 3.10 Without prejudice to the foregoing, you may acknowledge the ease of which unauthorized Contactless Transactions and MST Transactions may be carried out and accept the risk of unauthorized Contactless Transactions and MST Transactions. You are undertake to be liable for all Contactless Transactions and MST Transactions incurred using the Mobile Card regardless of whether or not: a) the Contactless Transactions or MST Transactions were properly authorized by you; b) the merchants require your signature or 6-digits PIN for the Contactless Transactions or MST Transactions; or c) your cardholder identity was verified via a method as determined by the card network. 3.11 Security You must: a) Maintain the confidentiality of your Samsung Pay login information, including your user name and/or password associated with your Samsung Account or Google Account, and the security of your mobile device. No other person should be allowed to use your Mobile Card to make any transactions. Page 3 of 8
b) Keep the mobile PIN, passcode and any other log in or access information to your Device secret and confidential at all times; c) Do all that is necessary to keep the mobile PIN safe and prevent fraudulent or unauthorized access to or use of your Mobile Card and Card Account; d) Responsible fordeleting your Mobile Card and Samsung Pay login information from your mobile device if they are not in use and/or you will no longer be the owner of your mobile device. e) Upon termination of the Samsung Pay App, you must remove all Mobile Cards in any and all Device. f) Upon termination of your Card Account in respect of a Mobile Card, you must remove such Mobile Card in any and all Device. 3.12 Duty to Notify You must report to us and request us to deactivate your Mobile Card or Card as soon as you: a) suspect or become aware that the mobile PIN or Device is lost, stolen, misused or tampered with; b) suspect or become aware that a third party is aware of the mobile PIN; and c) suspect or become aware that there has been unauthorized use of mobile PIN, Device or Mobile Card. We may also require you to make a police report accompanied by written confirmation of the loss or disclosure and any other information that we may require. Until you do so, you shall remain liable for all transactions carried out using your Mobile Card 3.14 In the event of any loss, theft or disclosure of your mobile PIN, Mobile Card or Device, you are held responsible for all transactions made by anyone using your Mobile Card until we receive your notification of its loss, theft or disclosure of the mobile PIN. You will be bound by the existing Terms and Conditions of your physical cards. 3.15 Third Parties The T&C govern your access and use of Mobile Card, Card Account or Service through the Samsung Pay App in relation to us. You may be subject to the additional terms and conditions for your use of the Samsung Pay App with other third parties, including but not limited to your wireless carrier and mobile network operator. You shall be responsible for reading and understanding any third party terms and conditions. We are not responsible for any terms and conditions that you agree to with the third parties for use of the App. 4. Suspension, Cancellation and Termination 4.1 We reserve the right to suspend, cancel or terminate the service for any reason at our discretion. To the extent allowed by applicable law, we may restrict, suspend, cancel, block, terminate, disqualify or discontinue your Mobile Card, Card Account or Service at any time without notice for any reason, including but not limited to any potential or actual breach of the Terms or the Other Terms. You agree that we will not be liable to you or any third party for any block, restriction, suspension, disqualification or termination of your use of any Card or Mobile Card. 5. Disclaimer and Exclusion Of Liability 5.1. You expressly agree that access and use of the Mobile Card, Card Account or Service via the App is at your sole risk. To the fullest extent permitted by applicable law, the App is provided to you on a "As Is" and "As Available" basis. We hereby exclude and disclaim all warranties and conditions, Page 4 of 8
either express implied or statutory, including, but not limited to, the implied warranties or conditions of merchantability, satisfactory quality, fitness for a particular purpose, accuracy, quiet enjoyment, and non-infringement of third party rights. You acknowledge and agree that RHB makes no representations, warranties or conditions relating to Samsung Pay, and in particular, RHB does not warrant or guarantee: a) The operability or functionality of Samsung Pay or that Samsung Pay will be available to complete a transaction; b) That any particular merchant will accept your Mobile Card or payment made via Samsung Pay; c) That Samsung Pay or the App will meet your requirements or that the operation of Samsung Pay will be uninterrupted or error-free; and d) The availability or operability of the wireless networks of any mobile device. 5.2 You acknowledge and agree that access, use and maintenance of a Mobile Card with Samsung Pay depends on Samsung and the networks of wireless / mobile carriers and other third party services, applications or websites. RHB does not operate the Samsung Pay or the App or such networks and does not control their operations. We will not be liable to you for any circumstances which interrupt, prevent or otherwise affect the functioning of any Mobile Card with Samsung Pay, such as unavailability of the Samsung Pay or your wireless service, communications, network delays, limitations on wireless coverage, system outages or interruption of a wireless connection. RHB disclaims any responsibility for the Samsung Pay or any wireless service used to access, use or maintain a Mobile Card with Samsung Pay. 5.3 We are not responsible for, and do not provide, any support or assistance for the Samsung Pay, any third party hardware, software or other products or services (including any technologyrelated questions you may have in connection with the Samsung Pay App or your mobile device). You should contact the provider of Samsung Pay technology, Samsung Malaysia Electronics (SME) Sdn Bhd or any of its subsidiaries ( Samsung ) for all technical assistance on the Samsung Pay App (including but not limited to the types of mobile devices which support that Samsung Pay). 5.4 When using a Mobile Card with Samsung Pay to purchase any good and/or service from a merchant, you acknowledge that, due to merchant s system constraint or for any other reason, the merchant may be unable to accord you, in full or in part, rewards and/or benefits (whether pursuant to rewards and/or benefits programme managed by us or the merchant) which a user of the corresponding physical Card may enjoy. Accordingly and notwithstanding any term to the contrary in the terms governing the relevant rewards and/or benefits programme, you agree that we are not liable to you for your non-receipt of any such reward and/or benefit. 6. Indemnity 6.1. In addition to the Other Terms, you agree to hold us harmless and indemnify us and all our servants, employees, nominees, directors, licensors, sponsors, affiliates and agents for any Loss and embarrassment suffered by us (other than such Loss and embarrassment arising from our or our employees' and agents' willful misconduct or negligence) from any claim or demand, including reasonable legal fees, made by a third party due to or in connection with: a) your access and/or use of the App, including each transaction made using the Card Account and Mobile Cards; or b) your installation, access and/or use of the App. 7. Authorization to collect and share data Page 5 of 8
You acknowledge that (i) Samsung, the provider of Samsung Pay technology that supports the Cards in Samsung Pay, as well as its sub-contractors, agents, and affiliates, and (ii) the applicable payment network branded on your Mobile Card (e.g., MasterCard International Incorporated and its affiliate Maestro, or Visa, U.S.A., Inc. and its affiliate Interlink) as well as sub-contractors, agents, and affiliates of such payment networks, will have access to certain details of your transactions made with merchants via use of your Mobile Cards through Samsung Pay. You acknowledge that the use and disclosure of any personal information provided by you directly to Samsung, the applicable payment network branded on your Mobile Card, or other third parties supporting Samsung Pay, will be governed by the privacy policy of such party. We shall not be responsible for the privacy and security of any information which you may provide to and/or is held by Samsung, the applicable payment network branded on your Mobile Card, or other third parties supporting Samsung Pay. 8. Merchant Relationships And Disclaimers Merchants may present to you certain discounts, rebates or other benefits (e.g. free shipping) (Offers) in Samsung Pay. Such Offers are subject to certain terms and conditions and may change at any time without notice to you. We will not be liable for any loss or damage as a result of any interaction between you and a merchant with respect to such Offers. Subject to applicable law and your Account terms and conditions, all matters, including delivery of goods and services, returns, and warranties, are solely between you and the applicable merchants. You acknowledge that we do not endorse or warrant the merchants that are accessible through Samsung Pay or the Offers that they provide. 9. Instruction from You Unless otherwise stated by us, all requests or instructions from you must be in writing and signed by you. We may choose to accept any instruction from you made through electronic mail, facsimile transmission and in the case of the telephone, such instruction that we believe is given by you even if you had not actually given such instructions. Any non-written instructions shall be given to us at your risk and we shall not be responsible for any loss or damage that you may suffer. 10. General 10.1. Waiver Any failure or delay by us in exercising or enforcing any right we have under these T&C does not operate as a waiver of and does not prejudice or affect our right subsequently to act strictly in accordance with our rights. 10.2. Variation, changes, amendment or addition 10.2.1. You agree that these T&C may be changed from time to time. If we change, vary, amend or add a term or condition to these Terms, we will provide you with twenty one (21) days prior notice and the changes, variation, amendment or addition will take effect on the date specified in the notice. The Cardmembers are advised to refer to the updated terms and conditions at RHB's website (www.rhb.com.my) from time to time. The latest terms and conditions made available on the website shall supersede all previous terms and conditions made between RHB and Cardmember under this Agreement or any other arrangements. Page 6 of 8
10.2.2. If you do not accept the change or addition to these Terms, you must stop accessing and using the App and, as soon as possible, terminate your access and use of the App. If you continue to access and use the App after the change or addition takes effect, you will be deemed to have accepted the change or addition without reservation. 10.3. Impairment of T&C If any of these Terms are invalid, unlawful or unenforceable under the laws of any country, it shall not affect or impair the validity, legality or enforceability of the rest of the terms and/or the terms under the laws of any other country. 10.4. Illegality We may close and revoke any Mobile Card, Card Account or Service with or without notice to you if, because of any change to any applicable law, regulation, regulatory requirement or judicial decision, or in our opinion, maintaining or performing any obligation under the Terms becomes illegal, or we are otherwise prohibited from doing so. If this happens, you must pay us all Liabilities on demand. 10.5. Assignment These T&C are binding on you and us and on our successor or assignee. These T&C are binding even if:- a) we change our name or constitution; or b) we consolidate or amalgamate with another entity, in which case, that entity will substitute us in relation to these Terms and all Card Accounts will continue in force between you and that entity. You cannot assign or transfer your rights and obligations under these Terms without our prior written permission. 10.6. Applicable Law and Proceedings These T&C are governed by and will be interpreted according to the laws of Malaysia. You agree to irrevocably submit to the exclusive jurisdiction of the courts of Malaysia which means that legal proceedings against us can only be brought in the courts of Malaysia. This clause does not limit our right to bring legal proceedings in any country and to take concurrent legal proceedings in more than one country. 10.7. Meaning of Words Account refers to any account you now or hereafter have with us and any account used for the purposes of the Services and from which funds may be applied for the utilisation of Services, whether the account is opened individually or jointly. ATM means an Automated Teller Machine or card operated machine which accepts the Card. Authorised Person means a person (either individually or jointly with another person/persons) you authorise and whom we have approved, to act for or on your behalf to give any instruction, execute or sign any document or operate your Card Account. Card means any credit or debit card issued by us and any replacement or renewal of any of these or other Cards that we may issue from time to time. Where such Card is tokenized, enrolled Page 7 of 8
and stored electronically in the App as part of Mobile Services, Card shall also mean such Card stored electronically in the App. Card Account refers to any account in respect of the Card. Device means any compatible electronic, wireless, communication, transmission or telecommunications device, device or medium including but not limited to the Internet, any computer or mobile device, device, terminal or system which may be required to access and use the Services. Liability means, all debts, liabilities or obligations you owe to us now or in future, whether actual or contingent, primary or collateral, several or joint. Loss includes claims, actions, losses, damages, demands, liabilities and costs of any kind. Mobile Services means the banking services and/or products we offer from time to time through the medium of a mobile Device that enables you to access your Account(s) and/or effect banking and/or other transactions electronically. Merchant means establishments or merchants who accept the Mobile Card as a form of payment for goods and services and such payment shall be charged to the relevant Card account. PIN means the password, login-id, PIN (personal identification number), CIN (customer identification number, made up of an access code and a PIN), electronic identification signature or codes given to, or chosen by, you or the Authorised Person that is used to confirm your or the Authorised Person's identity when accessing an Account or enabling and/or accessing other electronic features or applications such as the App. Services refers to any service we may provide to you now or in the future including but not limited to ATM card services, Call Centre services, electronic or Personal Internet Banking services or Mobile Services. We, us, our, ourselves, the Bank means, RHB and shall include its successors and assigns. You", "your" or "yourself" refers to Cardholders who add or have added the Card in the Samsung Pay. In the event of any inconsistencies between the Terms and the Other Terms, the Terms shall prevail over the Other Terms in respect of matters relating to the Service. Last Updated: March 16, 2017 (Version 1.0) Terms and Conditions w.e.f. March 27, 2017 Page 8 of 8