jarir card tc

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  • 7/28/2019 Jarir Card Tc

    1/1

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    IN THE NAME OF ALLAH THE MOST BENEFICENT, THE MOST MERCIFUL

    Samba Jarir Credit Card Agreement, Approved by the Shariah Supervisory Board

    Executed by Consumer Assets Business, Supervised by Islamic Banking G roup in SAMBA

    aise is due to Allah, Blessing and Peace be upon prophet Mohammed, his family and all his companions,

    is Credit Card Agreement (Agreement) is entered into this ...................... day of ........... , ........... , by and between:

    Asset Business at Samba Fi nancial Group, a joint stock company incorporated under the laws of the Ki ngdom Of Saudi Arabia with Commercial Registration No.CR1010035319, having its head

    fice at King Abdulaziz Road, P.O Box 833,Riyadh 1142 Saudi Arabia and its successor i n interest, represented herein by Mr. ................................................................., in his/her capacity as

    ............................................... (The First Party-the Seller)

    Mr. .......................................................................................... address .............................................................. National Identity card number, residence or passport ................................ (The Second Party-the Buyer)

    eamble:hereas the Card Member wishes to obtain credit from Samba through Samba Jarir Credit Card (VisaCard) (the Card) as well as the related Samba Phone and ATM Services, and wishes f rom timetime to finance his/her purchases through Tawaroq transactions based on the Tawaroq model approved by the Samba Shariah Supervisory Board.erefore, in their legal and lawful capacity, the two parties enter into the Agreement in accordance with the following terms and conditions for the Card:The above preamble is an integral part of this Agreement.SAMBA guarantees the Card Member in paying his/her purchases from all merchants and organizations that accept the Card, provided none of the articles below are violated.Upon acceptance of the Card Members application, the Card may be collected by the Card Member or sent by post to the Card Members mailing address at the Card Members risk. Upon receipt,the Card Member shall immediately sign the signature space thereon.3.1 The Card Member can activate his Card by calling Samba Phone or visiting any Samba branch.3.2 The Card Member may, at SAMBAs discretion, get supplementary cards (the Supplementary Cards) for immediate relatives over 18 years of age. The Card Member shall honor all obligations

    incurred on the Supplementary Card(s).3.3 The Card Member accepts full responsibility for all transactions processed by use of his / her Cards / Supplementary Cards to effect banking transactions by electronic means or otherwise

    and that SAMBAs records thereof shall be binding on the Card Member. The Card Member shall settle all his / her disputes with the merchants with no responsibility to SAMBA.3.4 SAMBA shall debit the Card Members Card Account (the Card Account) with the amounts of all Card transactions, membership fees, other fees (including legal fees), and other liabilities

    incurred by the Card Member as well as actual loss or damage incurred by SAMBA arising from the use of the Card. The Card Member shall pay to SAMBA all amounts to be debited regardlessof whether a sale or cas h advance voucher is signed by the Card Member net of existing or f uture taxes and charges whatsoever.

    3.5 The Card Member agrees that SAMBA may at any time and wi thout prior notice, set off any money in any Card Members account with SAMBA, against all sums due to SAMBA.

    The Card Member may use his Card for withdrawing cash. The Card Member will be responsible to bear any charges and fees caused by performing such transactions, however, no interest shallbe applied against the Card.The Card Member undertakes not to use his Card in purchasing any goods or services that are against the Islamic Shariah rules e.g. buying alcoholic drink, pork products or gambling.Settlement of the Card Account:6.1 In addition to the amount credited to the Card Account, as a result of the Tawaroq transaction, the Card Member shall make a monthly payment on his/her Card. The minimum payment due

    shown on the Card Members statement will be the minimum amount payable each month on or before the payment due date.6.2 If the minimum payment amount due i s not paid on its due date then the full amount due will become payable and Samba has the option, at its discretion to block the Card, and if the Card

    Member continues not to pay, the Card will be cancelled. A new Card shall not be issued unless the full amount due i s paid, however, SAMBA may, at its sole discretion, offer the Card Membera chance to settle the Card Account by entering a Tawaroq transaction with him to avoid cancellation of the Card.

    6.3 If the Cards total spending limit is exceeded, the exceeded amount will be due immediately and SAMBA will have the right to cancel the Card and a new Card will not be issued until the fullamount due is fully paid.

    6.4 The amount generated from the Tawaroq transaction will be held by SAMBA for payment of amounts due against the Card.6.5 The Card Account will be credited, and the credit limit shall be increased, only after the cleared funds are received by SAMBA either for the direct payment of purchases and fees or for the

    payment of the Tawaroq monthly installment. Credits to the Card Account, will be made only when SAMBA receives a properly issued credit voucher.6.6 In case the Card Member fails to make payment on or before the due date for two consecutive months, no Tawaroq transaction shall be executed and all amounts due from the Card Member

    shall become immediately payable to SAMBA.6.7 In case of death of the Card Member, SAMBA shall have the right to demand that his/her inheritance settle the amounts due immediately. If the Card Member declares bankruptcy all amounts

    due from the Card Member shall become immediately payable to SAMBA.6.8 Subject to applicable regulatory requirements, SAMBA shall have the absolute right to determine the cash advance level which is subject to change based on the Card Members credit history

    as well as his/ her credit behavior that is determined by SAMBAs records..6.9 The Card Member expressly acknowledges that the books and records of SAMBA shall be the only acceptable evidence that shall verify the exact amount of the Card Members debt.6.10 Settlement of debit balances on the Card Account shall be made on the basis of m inimum payment instructions. The option of settling the balances by a single full payment is available to

    the Card Member upon request, however, if the Card Account with SAMBA has insufficient funds to cover the outstanding amount due on the payment due date, SAMBA will apply what ismentioned in Article 6.2 above.

    The Card Member shall immediately notify SAMBA, in writing, if his/her address, place of residence, or place of work has changed. The Card Member also commits to notify SAMBA, in writing, ifhis/her current employment is terminated for any reason.The Card Member shall keep the Card(s) in safe custody and shall immediately notify SAMBA, by telephone and confirm the same in writing by fax or hand delivery, if any of the Cards is lost orstolen.The Card Member may at any time terminate this Agreement by giving a written notice to SAMBA; to be effective only on receipt of all Cards / Supplementary Card(s) by SAMBA cut in half andon payment of all Card Members liabilities. SAMBA may at any time terminate this Agreement and recall all Cards (which are deemed to be SAMBAs Property) without any responsibility towards, or prior notice to the Card Member. TheCard Member shall immediately return all Cards cut in half to SAMBA. If this Agreement is terminated, all the outstanding balance in the Card Account shall become immediately due and payableto SAMBA.In the event if the Card Member loses his / her residency status in the Kingdom of Saudi Arabia, SAMBA has the right to cancel his / her Card and request the Card Member to pay all amountsdue to SAMBA.SAMBA may at any time and without prior written notice to the Card Member modify or change any terms herein. However, post any such change, SAMBA will notify the Card Member about the

    changes and the Card Member, if he/she does not accept the changes, then he/she must within 10 days of receipt of the notification of such changes, inform SAMBA in writing and cancel theCard and terminate this Agreement as per Article 9.0 above. The retention of the Card by the Card Member after the effective date of such change shall constitute the Card Members implicitand unconditional acceptance thereof.Any notice required from SAMBA hereunder shall be deemed valid if mail ed to the address given by the Card Member or by any suitable means at SAMBAs discretion, and, as such, shall be fullybinding.In the event of a discrepancy between the amount of any cash deposit as stated by the Card Member and SAMBAs counting, SAMBAs counting shall prevail. The Card Member shall be notifiedof any such discrepancy.The Card Member agrees to provide SAMBA with any information that it requires for the establishing and/or auditing and/or administrating the Card Account and facilities therewith. And theCard Member authorizes SAMBA to obtain and collect any information, as it deems necessary or in need for regarding the Card Member, his accounts and facilities therewith, from the SaudiCredit Bureau (Simah) and to disclose that information to the s aid company (Simah) or to any other agency approved by Saudi Monetary Agency (SAMA).SAMBA may at any time, assign any of its rights hereunder to any other party without notice to, or seeking consent of, the Card Member.The Card Member understands and consents that information, s uch as his / her name and address, maybe provided to certain external firms that SAMBA deems reputable and that may use theinformation for marketing purposes to offer products or services. If SAMBA is required by law to disclose certain Card Member information, SAMBA will comply. To avail Samba Phone and / or ATM Services (the Services), the Card Member shall select at any SAMBA branch or through Samba Phone, a secret code subject to the terms set forth hereinbelow.18.1 Instructions given on SambaPhone (pursuant to the use of the secret code, being in lieu of physical si gnature), shall be binding on the Card Member even if al leged to be given by another

    person, and shall be conclusively relied upon by SAMBA.18.2 The Card Member shall not disclose the secret code to anyone; otherwise the Card Member shall solely be responsible for any and all consequences thereof. If the Card Member believes

    that such disclosure has taken place, he / she shall promptly notify SAMBA and have the said numbers changed. It is advisable to change the secret code on a regular basis, usage of two ormore consecutive identical numbers, usage of leading or trailing blanks and, generally, easily identifiable numbers are to be avoided.

    18.3 SAMBA has the absolute right not to act on any SambaPhone or ATM instructions and / or to request a prior written confirmation. SAMBA may tape, or record the phone conversation ormicrofilm the ATM instructions. Such taping, recording and microfilming shall be conclusive evidence of the contents thereof and can be used for all purposes including legal proceedings.

    18.4 SAMBA shall not be liable for any loss, damage or expense (direct or indirect, consequential or otherwise) incurred by the Card Member due to SAMBA acting / not acting on any SambaPhone or ATM instructions; or due to the Card Member failing to avail the Services for any reason inside or outside Saudi Arabia; including, without limitation, the failure to comply with anyterm(s) hereof. The Card Member will be responsible for compensating SAMBA against such losses, damages and expenses that are due to the consequence of his behavior.

    18.5 The instructions pertinent hereto are contained in a separate Users Guide, which SAMBA may change at any time without prior notice. More products may be added by SAMBA in the future.Such changes and additions shall be communicated to and be binding on the Card Member. In relation hereto, SAMBA may, in addition to or in lieu of the secret code use its own internalmanual verification procedures.

    18.6 SAMBA is entitled to, impose fees / charges as it deems appropriate for the SambaPhone and ATM Services after advising the Card Member and not receiving any objection during the periodstated in the advice, at any time SAMBA is hereby authorized to, directly and without recourse to the Card Member, debit any of the Card Members accounts with SAMBA for such fees /charges; as the same is reflected in the monthly statements. The monthly statements shall be deemed final and correct unless objected to in writing by the Card Member within 30 days.

    This Agreement is governed by the applicable Saudi Laws and / or the laws of the jurisdiction where any transaction hereunder is made and must also not violate Islamic Shariah rules. TheSAMA Committee for Banking Disputes hereto shall finally settle dis putes between the two parties.- The Card Member gives SAMBA irrevocable standing instructions to enter into Tawaroq transactions based on the Tawaroq model approved by the SAMBA Shariah Supervisory Board (whereSAMBA sells to the Card Member a commodity on deferred payment basis and as agent of the Card Member, sells the commodity on cash basis to a third party at the then prevailing marketprice) on or after the payment due date of each month to offset the outstanding amount due if the Card Members fails to contact SAMBA to give instructions to execute a Tawaroq transactionin any month, on or before the payment due date; the Tawaroq transaction documents will be maintained by SAMBA Consumer Asset Business (CAB); This standing instruction is valid for as long

    as the Card Agreement is in effect.If at any time any provision or term of this Agreement is or becomes illegal, invalid or unenforceable in any respect, such provision or term shall be deemed to be deleted from this Agreement.Illegality, invalidity, on unenforceability of provision or term hereof shall not affect the legality, validity, on enforceability of this Agreement.- The exchange rate between the transaction currency and the billing currency is based on the wholesale market rate.- The Card Member understands and acknowledges that SAMBA is not responsible for any defects / interruptions in the services being provided by Jarir and accordingly all Samba service relatedqueries should be directed towards Jarir only and; Jarir is not responsible for any defects / interruptions in services being provided by Samba and accordingly all SAMBA service relatedproblems should be directed to SAMBA only .- For Card Members using Taqseet program, the entire outstanding amount on Taqseet will become due for immediate payment in case the Card Member becomes delinquent i n the card payment.- The card member agrees that SAMBA may contact his/her relatives w ithout informing card holder in case Samba finds its hard to communicate with card holder directly, either because lackof response at the contact phone numbers provided by card holder, or his/her new contact numbers in case those numbers have been changed/become invalid. The second party will beresponsible for any consequences in this respect.- The bank has the right to freeze the account upon the expiration of the customers ID or when customer does not update his personal data and information, addresses,income sources andsignature. I understand and commits my self for updating my personal data when requested by the bank or for period (as s pecified by the bank) not exceeding 5 years. I also undertake toprovide renewed ID upon expiration of the existing ID , and I acknowledge that if I fail to do so ,the bank will have the right to freeze my account.- Credit shield terms & conditions:A) Credit Shield Group Credit Insurance covers all of participants of Samba Credit Shield ProgramB) Sum covered is outstanding balance of participantC) Events coverd:

    i. Death due to accident or sicknessii. Total permanent disability due to accident or sickness unless excluded as defined herein

    D) Entry Age into Scheme:i. Maximum age is sixty (60) years based on Gregorian calendarii. Maximum age is twenty (20) years based on Gregorian calendar

    E) Termination age: Cover shall terminate upon participant attaining the age of sixty five(65) yearsF) For any clarification call SambaPhone (8001246112)- I declare that I am not legally prohibited to be dealt with and I would be liable in front of the competent authorities for the funds deposited to my account by myself, or deposited by otherswith or without my knowledge. I would be also liable whether or not I subsequently disposed personally of these funds, but failed to formally report to the bank the existence of such funds. Allfunds deposited to my account are from l egal sources, and I am li able for their being free from any forgery or counterfeiting, and that if the bank receives from me any counterfeit notes, whichwill not be refunded or compensated to me by the bank.- Please refer to Disclosure Statement below, for Cost of Credit table, a summary of charges as well as examples of Mark up and Foreign Exchange transactions.

    The tenor of the installment sale of an executed Tawaroq transaction is 1 month at a profit margin of 2.5 %.Mark-up is in Tawaroq charged by the Bank on the Tawaroq amount which is equal to the unpaid statement balance. To avoid any charging of Mark-up, please pay full amount within the due date.For every 100 Riyals spent using your Samba Jarir Card. card members earn two (2) points for purchases at Jarir Outlets, and one (1) point on all purchases outside Jarir outlets.The Card Holder is required to call SambaPhone after maki ng the transaction to exchange the points with a minimum of 200 points. The points will expire after 4 years from the iss uance.The Card holder is eligible to redeem the points displayed in his last statement only.To make a claim for the insurance or extended warranty, just call +44 (0) 208 762 8373 during U.K. office hours, or contact [email protected] and request for a claim form.The 10% discount in Jarir Bookstore is subject to terms and conditions. The discount is not applicable on certain items, please check with your nearest showroom for more details.

    Agency Form

    ereby irrevocably assign Messrs / Office of Abdulaziz Al Qasim for Legal & Shariah Consultation as my agents for purchasing commodities from Samba Consumer Assets Business (CAB) onstallment basis for the purpose of entering into Tawaroq transactions in the event that there is an outstanding balance against my Samba Panda Al Khair Credit Card on or past the payment duete of every month as per the bank's records.lso irrevocably assign Samba CAB as my agent for the purpose of selling the commodities purchased from Samba CAB to a third party, and give Samba CAB the right to appoint another partyagent of Samba CAB to carry out the sale transaction at the then prevailing market price.

    rd Member Name: .................................................................................................................................. Date: / /

    WAROQ MARKUP CALCULATION: The Tawaroq markup is calculated on the payment due date, on the unpaid principal balance.

    ample: If the Card Member has his billing statement generated 15th day of every month and he does the following transactions between the period 15th November and 15th December in a year.

    Retail purchases for SAR 5,000 on 20th November Cash withdrawal for SAR 7,000 on 10th Decembersuming No Previous Balance carried forward from the 15th November statement, the Card Member wil l get his 15th December statement showing SAR.12,000 of transactions. The Card Membereds to make payment against the outstanding 21 days from the Statement Date, for anything between the entire amount or 5% of the amount outstanding.case the balance outstanding on the statement date is paid in full by the payment due date, No Tawaroq will be entered into and hence no Markup is charged on such balances.case a payment of e.g. SAR 3600 i s received for the account the Tawaroq Markup is calculated as follows:

    Tawaroq Markup charged in December Statement = Zero Tawaroq Markup charged in January Statement = (SAR 12000 - SAR 3600) X 2.5% = SAR 210

    arkup on Foreign Transactions: A Markup of 2.75% is charged on the Foreign Transactions.

    ampleansaction Amount: 1000ansaction Currency: Anversion Rate from Currency A to SAR: 4.5R Amount = 1000 X 4.5 = SAR 4500reign Transaction Markup: SAR 4500 * 2.75% = SAR 123.75e conversion from Foreign Currency to Saudi Riyal is done by the respective schemes that is VISA / MasterCard as per their prevailing rates for that day.rd Member can view the above Disclosure statement on www.samba.come cash back reward will expire at the end of 2 years from the last month of the year.

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    SR 250 will be charged for i nvestigating disputed transactions if the result is against the Card Member.

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    If the card limit is exceeded, the excess amount shall become due immediately, the card shall become deactivated, and reactivation fee will be charged.

    Type of Fee Samba Jarir Credit Card