Terms and Conditions for Diners Club Cardmembers Diners Club International Ltd. (hereinafter referred to as "Diners Club") is the owner of trademarks which Diners Club employs in its administration of an international Card business, and has developed in association therewith a worldwide network of Member Establishments (as hereinafter defined) which accept the Diners Club Card and a worldwide network of Diners Club Franchises and Agencies through which the Diners Club Card is operated. The Franchise for the Diners Club Business in Qatar and Egypt is operated by The Commercial Bank of Qatar (QSC) (the Issuer) whose registered place of business is Grand Hamad Avenue, Doha, State of Qatar, such Licence having been awarded by Diners Club. The Issuer is willing to issue a Diners Club Card to any
individual applying for a Card subject to the following terms and conditions set out in
this document. 1.1 "Card" the Diners Club Card issued pursuant to this Card membership agreement, which Card shall bear the names and marks of Diners Club and which is accepted for the purchase of goods and services at Member Establishments, which are service and/or retail establishments which have agreed with Diners Club and the Issuer to permit Cardmembers to charge goods and services on their cards. 1.2 "Card Account" comprising one Principal and other Supplementary Cards and where the Card limit of the Principal Card will be shared by all cards. 1.3 "Principal Cardmember" a person to whom a Card is issued pursuant to the Card membership agreement. 1.4 "Supplementary Cardmember" means an individual over 18 years of age recommended by the Principal Cardmember and who is issued with a Supplementary Card. 1.5 "Account" means an account maintained with any bank by the Cardmember from which the Cardmember authorises and/or makes payments against all charges incurred through use of a Card. 1.6 "Charges" are amounts charged to a Card by the Cardmember at any time (including but not limited to the period after cancellation of the Card) and regardless of whether a record of charges is signed by the Cardmember and includes non-refundable enrolment fees (which are paid by the Principal and Supplementary Cardmembers for the first year of membership), subscription fees (which are paid by Principal and Supplementary Cardmembers upon subsequent or annual renewal of cards) and fees payable for lost, stolen or damaged cards, cash advance fees and late payment fees and any other fees introduced by the Issuer from time to time or any damages levied hereunder and all other amounts owing to Issuer. 1.7 "Cardmember Statement" is the statement of Card account of both the Principal and/or Supplementary Cardmember. 1.8 "Card Limit" is the total amount that each Cardmember shall be permitted to charge to his or her Card as agreed by the Issuer. 1.9 "Cash Advance" is cash disbursed to the Cardmember either manually or through an ATM (Automated Teller Machine) and which will be charged along with the appropriate handling fees prevailing at the time to the Cardmember's Card account. 1.10 "PIN" is a unique computer generated 4-digit code issued confidentially to the Cardmember in a security envelope which when used in conjunction with the Card at designated Diners Club ATMs allows the Cardmember to obtain cash advances. 1.11 "Card Membership Agreement"
is an application form signed by the Cardmember and these terms and conditions as varied
from time to time by the Issuer. The Card must be signed by the Cardmember immediately upon
receipt and may only be used by the Cardmember within the credit limit as advised by the
Issuer. In this respect, the Cardmember undertakes not to incur any charges other than
those that he/she can honour, and only to use the Card during the validity of the
membership period as embossed on the face of the Card, and to comply strictly with these
terms and conditions. Whilst the Card may not have a pre-set spending limit, the Issuer
reserves the right to limit expenditure through its authorisation process. The Issuer may
withdraw the 3.1 The Cardmember undertakes to pay the Issuer the amount of all Card charges and any other expenses incurred by the Issuer arising from the use of the Card and/or which the Issuer determines that it has suffered as a result of any breach of these terms and conditions by the Cardmember. 3.2 The Principal Cardmember is and shall remain at all times liable for all charges incurred on his/her Card. The Principal Cardmember and the Supplementary Cardmember shall remain liable, jointly and severally, for all charges incurred on any Supplementary Card(s). 3.3 The expenses incurred by the use of the Diners Club Card is evidenced by the imprint of the Card and signature of the holder on the charge form or invoice presented to him/her by the affiliated establishments. Should the Cardmember purchase any goods or services for which an imprint and/or signature is not possible such as telephone order, mail order, ATM cash withdrawal transactions or telephone call charges, then proof of delivery or other supporting documentation from the suppliers of such services shall be deemed acceptable as proof of purchase. 3.4 The Cardmember must verify all charges shown on the Cardmember statement by checking these against his/her charge form copies and report any discrepancies or disputes to the Issuer within 30 days from the statement date. The Issuer will not entertain any charges disputed after such time. 3.5 Every month the Issuer will send a statement to Cardmembers at the address as stated by Cardmembers on the original application form and as amended from time to time showing all charges incurred by the Principal and Supplementary Cardmembers during the statement period and the total amount due to the Issuer by the Cardmembers. 3.6 Cardmembers holding a CHARGE Card are required to make full payment of all amounts due by the payment due date as shown on their statement. Any expense or fees incurred by the Issuer in the recovery of unpaid amounts due from the Cardmember are for the account of the Cardmember. Any amounts which have not been settled by the payment due date shall be subject automatically, and without the need for additional formalities, to a penalty service charge, applied at the discretion of the Issuer. 3.7 Cardmembers holding a CREDIT Card are required to pay the minimum amount due by the payment due date as shown on their statement, and are entitled to carry forward the remaining balance, provided their Card limit is not exceeded. The minimum amount due will be shown on the statement as well as the total amount outstanding. All outstanding balances on the Card account are subject to a service charge, which will be automatically accrued during each statement period and reflected on the next Cardmember statement. Any Cardmember who is required to pay the minimum amount due but fails to do so within the period prescribed, shall be liable to an additional late payment charge on the unpaid balance. It is at the absolute discretion of the Issuer to withdraw the Cardmembers right to make partial payments and to call for immediate payment of the total outstanding without prior notice. 3.8 The Issuer reserves the right to withdraw the use of a
Card if at any time the Cardmember fails to make the required payment, exceeds his/her
Card limit, and/or breaches any of the terms and conditions of these terms and conditions. 4.1 A handling charge, as applicable, will be charged to the Card account for all cash advances made with the use of the Card. 4.2 The Issuer will apply a joining fee when the Card is first issued as well as an annual fee. A renewal fee will be charged to the Card account each year as the Card is renewed. 4.3 If t he Card is replaced due to loss or theft, etc., a replacement charge will be posted to the Card account. 4.4 A re-issue fee will be charged to the Card account if the Card is re-issued due to the need to re-issue the PIN or if the Card is damaged. 4.5 A renewal fee is charged to the Card account if the Card is cancelled due to late payment and will not be renewed and there is still an outstanding balance at the expiry date of the Card. 4.6 Any expense or fees incurred for the recovery of unpaid statements are for the account of the Cardmember. Any amounts which have not been settled during the month of presentation, shall be subject automatically, and without the need for additional formalities, to a service charge. Furthermore, any member who is advised to pay and fails to do so within the period prescribed by the Issuer, shall be liable to an additional penalty charge on the unpaid balance. 4.7 Such fees are determined by the Issuer and changed from time to time as it deems necessary. 4.8 Charges incurred in currencies other than the billing currency will be converted at the prevailing rate of exchange as determined by the Issuer, at the time the Issuer accepts such charges. 4.9 The Issuer may not send a written notification to inform the Cardmember about the above fees and charges.
5.1 The Issuer may at any time and without notice cancel or suspend the right to use the Card entirely or in respect of specific facilities or refuse to reissue, renew or replace the Card, without in any case affecting the Cardmember's obligations under these terms and conditions which shall continue in force. 5.2 The Card is and shall remain at all times the property
of the Issuer and upon first request from the Issuer or its agent and/or cancellation, all
or any cards issued for use under these terms and conditions must be returned immediately
to the Issuer. 6. Termination The Cardmember may terminate the Card membership agreement
by written notice to the Issuer but such termination shall only be effective on the return
to the Issuer of all Card(s) issued and the payment of all liabilities of the Cardmember
under these terms and conditions. The Cardmember will also remain liable for all charges
incurred on the Card up to a period of 90 days after the Card is returned, cancelled or
has expired, whichever is later. The Issuer may terminate the Card membership agreement at
any time without notice, by cancelling or refusing to renew the Card. Until notice of such
termination, the Issuer may re-issue cards from time to time for use in accordance with
these terms and conditions. Cards will be renewed automatically upon the expiry date of
the Card unless otherwise requested in writing by the Cardmember at least 45 days before
expiry. 8.1 The Cardmember will exercise all possible care to ensure the safety of the Card and will prevent the PIN (as and when issued) becoming known to any other person. The advice of the PIN must therefore be destroyed immediately after receipt. Any record of the PIN must be unidentifiable as such and kept entirely separate from the Card. The Cardmember will not disclose the Card number (embossed on the Card) to any third party except in connection with its usage for the purpose of a Card transaction or when reporting the actual loss or theft of the Card. 8.2 If the Card is lost, stolen or for any reason liable to
misuse or if the PIN becomes known to any other person, the Cardmember must immediately
notify the Issuer by telephone and subsequently, within seven days confirm the loss, theft
or misuse in writing to the Issuer, giving all details and supporting documents of the
incident. 9. Refunds and Claims The Cardmember will only be credited with a refund in respect of a Card transaction if the Issuer receives a refund. No claim by a Cardmember against a third party may be the subject of a defence or counter claim against the Issuer, and no right of a Cardmember against the Issuer may be assigned or otherwise disposed of. The Issuer reserves the right to charge a handling fee to recover the costs of processing charge backs and photocopy requests of sales slips. The Issuer shall not be liable in any way if a third party does not honour the Card. Subscription fees are non-refundable.
10.1 The Issuer may vary these terms and conditions at any time or times whether or not a similar variation is made to these Terms and Conditions with any other Cardmembers. Without giving any prior notice, the Issuer shall be entitled to alter or amend these terms and conditions at its absolute discretion and with immediate effect. 10.2 In particular, the Issuer may withdraw the Card or
impose an additional charge for the Card or any service provided under or in connection
with these "Terms and Conditions" from time to time. The Issuer does not
undertake that facilities available to Cardmembers as a result of arrangements between the
Issuer and third parties will continue indefinitely. 11.1 The Issuer shall not be liable if it is unable to perform its obligations under these Terms and Conditions, nor shall the Cardmember's liability to make payment under condition 3 above be discharged if the Issuer is unable to advise the amount due because of the failure of any machine, Data Processing Systems or transmission link or to individual dispute or anything outside the control of the Issuer, its agents and subcontractors. The Issuer will not be liable to ATM failure or malfunction, nor for any loss or damage the customer may suffer by virtue of such failure or malfunction and whether or not it affects the ability of the customer to use the Card. 11.2 The Cardmember shall immediately and at all times notify the Issuer of a change to his/her legal and/or residential status and place of work. Any judicial and/or other notice(s) shall be deemed effective if sent to the Cardmember at the address stated in the application form, or to any address subsequently notified to the Issuer. 11.3 The Cardmember irrevocably submits to the non-exclusive jurisdiction of the competent courts or other bodies in his/her country of residence in all respects in relation to his/her obligations to the Issue. 11.4 The Card membership agreement shall be goverened by and construed in accordance with the Laws of Egypt.
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