TERMS
AND CONDITIONS FOR LOTTE FINANCE CREDIT CARD
(Effective from 01/04/2019)
A copy of the comprehensive agreement
between Lotte Finance Vietnam One-member Limited Company and Customer consists
of Terms and conditions for LOTTEFinance Credit Card, Credit Card Application
and Agreement on Credit Card’s Issuance and Use, Service fees and interests,
and specific terms and conditions for each program and special service (if
applicable).
If agreeable, since signing the Credit Card Application and Agreement on Credit Card’s Issuance and Use, and having an approval of the LOTTEFinance on Credit card issuance, the Customer will be binding under this Credit Card Terms and Conditions.
Article 1: Interpretation of Terms
The terms used in this Credit Card Terms
and Conditions will be interpreted as follow:
1. LOTTEFinance or
“Lotte Fin”: Lotte
Finance Vietnam One-member Limited Company, the Company Code is 0103172804.
2. Card holder: An individual or
organization LOTTEFinance agrees to provide the card for card transactions
based on terms and conditions agreed on by the involved parties. Card holders
include primary card holder and supplementary card holder(s).
3. Primary card
holder:
An individual/organization whose name is in the agreement on card use with
LOTTEFinance and holds responsible for the implementation of that agreement’s
contents.
4. Supplementary card
holder:
An individual allowed to use the Card by the Primary card holder according to
agreement on the card use between the Primary Card holder and LOTTEFinance.
5. International Card
Organization (ICO):
is an organization established in a foreign country in accordance with the
local laws and has agreement with card issuing organizations, payment card
organizations and other related parties to issue payment cards and make card
payments with the code of card issuer assigned by international card
organization in accordance with Vietnam’s law and international commitments
such as VISA) MASTER….
6. Card payment
organization (CPO):
is a bank or non-banking organizations that is allowed to make card payments
under the regulations of Vietnam’s State Bank and ICO.
7. Card accepting unit
(CAU):
refers to organizations or individuals providing goods and services, cash
advance places in which cards are accepted as a means of payment, including
online CAOs (selling goods and providing services via electronic channels).
8. ATM (Automatic Teller
Machine): Automatic transaction machine. A device allows card holders to send,
transfer, draw money, look up the transactions or other services
9. EDC (Electronic Data
Capture): is a device used to read electronic cards and to accept payment cards
at retail or service supplying places.
10. Transaction: refers to the action in which card holders use the
card and/or card’s information to make cash drawal, cash payment for goods or
services or other services approved by LOTTEFinance and Laws.
11. Spending: Transactions made by the physical card or the Card
information for goods, and services used by the Card holder, except withdraw
and cash advance.
12. Improper
transaction/Uncleared transaction:
The verification of non-qualified transactions. The system records these
transactions, reduces the available limit, and not creates debit balance for
the card holder.
13. Cleared transaction: Transactions are successful proceeded by the Card holder and cleared by the Card Acceptance Unit. These transactions create debit balance for the Card holder.
14. Credit Card Application and Agreement on Credit Card’s Issuance and Use (Registration): Documents perform and confirm the Card holder’s demand on the Credit card use issued by the LOTTEFinance. The Card holder understands and holds responsible for the Card issuance request. The registration form can be amended by the LOTTEFinance periodically. The Card holder shall provide properly and fully required information under the form.
15. “Agreement on Card Issuance and Use”: All agreements
between the LOTTEFinance and the
Card holder on credit limit, card issuance and use, includes but not
limits: Registration form, terms and
conditions for this Credit Card, Service fees and interests, insurance terms
and conditions, service programs, special promotion conditions, other documents
as a part of the Agreement on card issuance and use; relevant amended, substituted,
and additional documents.
16. Credit limit: A credit limit is authorized by the
LOTTEFinance for the Card holder’s use. Each customer of the LOTTEFinance holds
only one credit limit.
17. Credit card account/Account: A credit card
account is issued by the LOTTEFinance for the Card holder to manage its Credit
Limit approved. The Account Limit is less than or equal to the Credit Card. The
subplement card is associated with the primary card account.
18. Credit card: A card that allow the Card holder to
perform transactions in the Credit limit issued by the LOTTEFinance.
19. PIN (Identification Number of the Card holder): A identify code
is used in several transactions by the Card to verify the Card holder’s
approval. The original (or reissued) PIN is issued by the LOTTEFinance, then
the Card holder can follow a certain process and change it for the Card
transaction. The Card holder holds responsible for PIN security.
20. CVV2/CVC2: A three-digit number sequence printed on
the physical card is used for online transactions or transactions without card
presence for the transaction security.
21. OTP (One Time Password): One-time password is a number sequence or a
sequence of characters randomly generated by the LOTTEFinance
and sent to the Card holder to confirm the transactions and valided during a
certain time.
22. Installment Program: A function that allows the Card
holder of the LOTTEFinance to transfer one or several transactions for
comsumption (except withdraw/cash advance) in many times while value of
transactions by the Card is arranged into equal amounts and proceeded for
consecutive payment periodically.
23. Principle debit balance: Total amount of
cleared transactions by the Card. The principle debit balance includes debit
balance for consumption, withdraw, cash advance, or principle of deferred
installment amount without fees and interests.
24. Deferred installment amount: Payable for
installment program that the Card holder entered comes to be expired according
to the account statement.
25. Available limit (AL): Total maximum amount that the
Card holder can process at a certain time.
26. Cancel installment: Transfer of undue-date
installment amounts to normal debit balance of the Credit card to be charged of
interests right at the time of installment cancellation.
27. Installment debit balance clearance: Customer
requests on periodic installment amount payment and undue-date installment
amounts, without payment for other debit balances of the Card.
28. Statement: A monthly specific statement of the
credit card that lists all transactions by the Card noted into the Card account
periodically; interests on fees arisen, last periodic debit balance,
installment amounts, periodic cleared amounts, and adjusted amounts (if
available); debit balance based on the statement; minimum payment; due date,
and other informations according to LOTTEFinance regulations periodically.
29. Statement Date: The date that the LOTTEFinance create a
statement for the Card holder. The Card holder selects a date for monthly
payment on the Credit card based on the list provided by the LOTTEFinance. The
LOTTEFinance creates and send the statement to the Card holder before the day
of monthly payment.
30. Periodic statement: Start from the day after the date
of last periodic statement to the end of the day of the current statement.
31. Due date: The last day for the Card holder’s
payment on minimum amount. The due date is a business day and written in
monthly statement.
32. Debit balance on the statement: Amount confirmed
on the statement, total debit balance on the credit card of the Card holder at
the statement date, including periodic cleared debit balance, fees, interests
arisen, deferred installment amount, and last periodic balance, surplusing periodic
payment.
33. Minimum payment: Number written on the statement. The
Card holder shall perform proper and full payment to not be recognized as
overdue.
34. Reward points (Loyalty points): Points are
accrued from the LOTTEFinance consumption promotion programs, and then redeemed
to rewards or cash periodically or at the Cardholder’s request in accordance
with LOTTEFinance regulations. Rewards points have expiration time.
35. Payment Code: The payment code is opened right at the
Bank that has corporated with the LOTTEFinance, and issued by the LOTTEFinance
to proceed payment on the credit card’s debit balance.
36. Signature: The Cardholder’s hand signature or
electronic signature in accordance with the law.
37. Credit Card Counterfeit/Fraud: Transactions by
Credit Card Counterfeit/Fraud and unauthorized usage.
38. Business day: Days that the LOTTEFinance opens for the
Card holder’s transactions according to its regulations.
39. Call Center: Customer care center of the LOTTEFinance.
40. Website of the LOTTEFinance: www.lottefinance.vn
Article 2. Card selecion, issuance and receipt
1.
Customer
should understand correctly the LOTTEFinance credit card products and show your
choice by filling in the Application.
2. LOTTEFinance will be based on customers’ needs
as well as our own evaluation criteria and information to make decisions.
LOTTEFinance have the rights to agree or refuse to grant, re-issue, replace,
extend credit cards to customers as well as to set a credit limit, cash advance
limit and other transaction limits for your usage.
3. LOTTEFinance sends card / PIN to the primary
Cardholder by the methods that we decide to be appropriate and safe. Primary
Cardholder is confirmed the card receipt and responsible for any risks arising
on the card by their approval signature of receipt of the card from
LOTTEFinance or the supplier assigned by LOTTEFinance; or the success of card
activation; or after any Cardholder successfully performs the first
transaction.
Article 3 Primary card and Supplementary card
1. LOTTEFinance can issue Supplementary Card if
the Primary Cardholder requests and LOTTEFinance defines the Primary Cardholder
and Supplementary Cardholder to be eligible to issue Supplementary Credit
Cards. The issuance of credit cards to Supplementary Cardholders will depend
entirely on LOTTEFinance's decision. The maximum number of Supplementary Cards
issued with a main card is regulated by LOTTEFinance from time to time.
2. The
Supplementary Card(s) share the same Primary Cardholder's card account and it
is allowed to perform transactions as the Primary Card, unless Primary
Cardholder has other request.
3. Transactions
of Primary Card and Supplementary Card (s) are shown on the same statement and
sent to the Primary Cardholder for payment.
4. Primary
card holder and Supplementary Cardholder (s) must abide by the Card Issuance
and Use contract. Any action by the Supplementary Cardholder (including any
breach of the Card Issuance and Use Contract) is also the responsibility of the
Primary Cardholder and the Primary Cardholder committing to reimburse
LOTTEFinance entirely. loss and damage caused by the Primary Cardholder and
Supplementary Cardholder (s) (if any).
5. Supplementary cardholder is jointly responsible to
the Primary Cardholder for transactions related to Supplementary Card.
6. The
primary cardholder has the right to perform all requests related to the
Supplementary Card without Supplementary Cardholder (s)’ confirmation such as:
Supplementary Card lock, activation, renewal, replacement and receipt, PIN
re-activation and receipt, termination the use of the Supplementary Cardholder
and change the transaction, etc.
7. Supplementary Cardholders are limited to only
a few requirements: request to provide information and transactions on
Supplementary cards, request to lock the cards; PIN reissue; In case the
Supplementary Card is locked because Primary Cardholder entered the PIN
incorrectly over the prescribed number of times, the Supplementary Cardholder
may request LOTTEFinance to delete the wrong number of PINs to be able to
re-enter the PIN.
8. If the Primary Cardholder terminates the Card, the use of Supplementary Cardholder shall automatically terminate.
Article 4. Scope of Credit Card
1. Credit cards are used to pay legitimate goods and
services according to the provisions of Vietnamese law, including cases of
purchasing goods and services abroad;
2. Credit cards can be
withdrawn and cashed in the country and abroad depending on the card products
of LOTTEFinance and according to the provisions of law;
3. Credit card can perform
non-financial functions such as balance inquiry, statement, PIN change, etc. in
accordance with LOTTEFinance regulations from time to time.
4. When using a credit card, the Cardholder must use for the
right purpose and pay the loan, fee and interest on time arising from the use
of the card.
5. Credit card cannot be used for bank transfer; The
Cardholder is not allowed to use the Credit Card limit to deposit money, credit
it into payment account, debit card or prepaid card; LOTTEFinance takes
measures to control and prevent the use of credit cards with wrong purpose
(such as using credit cards to recharge electronic wallets, paying for goods
and services not in accordance with the law).
6. Cardholders may not use the
Card for the following purposes:
a) Paying for illegal
gambling;
b) Terrorism sponsor,
money laundering;
c) Fraud, forgery;
d) Other
transactions which are considered illegal under Vietnamese law or laws where transactions
are made or regulations of the ICO;
e) Credit card cannot be transferred. Cardholders must
not use as mortgages or transfer credit cards to any other person or
organization.
f)
LOTTEFinance reserves the right to deny any credit card transaction suspected
of being a gambling, trading transaction for the purpose of money laundering,
terrorism, or other illegal transactions.
Article 5. Currency and payment
1. In Vietnam, transactions are made in Vietnam Dong
or other foreign currencies at locations permitted by Vietnamese law.
2. For non-Vietnam dong
transactions or transaction made in Vietnam Dong but the Card Accepting Unit
pay the balance in foreign currency, the first transaction will be changed to
the foreign currency that LOTTEFinance chooses to settle with the ICO from time
to time (if the transaction is another foreign currency) and then convert into
Vietnam Dong to debit the Cardholder's credit card account. The exchange rate
is taken according to the exchange rate stipulated by LOTTEFinance on the
settlement date.
3. Non-Vietnam Dong
transactions will be charged for foreign currency conversion (except for
specific programs, products or other agreed cases).
When using the card, depending on each Card transaction and requirements
of LOTTEFinance and /or ICO and/or the Card Accepting Unit and /or applicable
law, Card transactions may be
authenticated by one and / or some of the following methods:
1. Card and the Cardholder are present at the Card Accepting Unit;
2. The Cardholder's signature on the transaction invoice;
3. Enter PIN when trading;
4. Enter the one-time password (OTP) when making transactions;
5. Card information (Card name/Card number/code CVV2/CVC2, ...) is provided
via website, email, phone and internet, etc.;
6. Other forms of the
Card have been previously verified by card information (Card name/Card
number/code CVV2/CVC2, etc.);
7. Any other authentication methods that the Cardholder registers with LOTTEFinance;
8. Username and password;
9. Any other
authentication methods specified by LOTTEFinance, ICO or Card Accepting Unit;
Article 7. Safety and security
1. The Cardholder is
responsible for complying with all requirements, instructions on safety and
security of LOTTEFinance Card provided at:
a) The provisions of LOTTEFinance Credit Card Terms and
Conditions
b) Card manual instructions
c) Official website and social networks of LOTTEFinance
d) Other documents sent to the Cardholder
2. Cardholder must observe the following requirements to
keep their Credit Card secured:
a) Sign the back of the Credit Card immediately upon receipt.
b) Change the original PIN code issued by LOTTEFinance for
self-management and security. The cardholder should not use a PIN selected from birth date, contact numbers, identity
card, serial number, etc.
3. Cardholder must carefully
check the information of payment transaction documents or order and store these
documents to ensure their rights. (Cards, vouchers, receipts for purchase of
goods and services, invoices for card transactions are proof of card payment
transactions).
4. The cardholder must ensure that only the person issued by
LOTTEFinance is the card user.
5. Cardholder must keep their PIN, CVV2/CVC2 code, Security
Password, other Cardholder identification numbers, Card information,
transaction information secured. Cardholder must not (i)disclose card
information, to be stolen or lost (ii) record their PIN, CVV2 code or Security
Password on any article carried with but learn by heart and(iii) allow any
other person to see them entering, or overhear them providing card information.
6. Cardholder must regularly
check the Card, immediately notify the LOTTEFinance Customer Care Center (1900
6866 / +84 24 7302 0202 or cskh@lottefinance.vn) when the Cardholder knows the
Card has been lost or stolen, or the Card, PIN, CVV2 / CVC2 or certain details
of the Card suspected to be disclosed, lost, illegally used by a third party or
discovering any unusual Card transactions through transaction notices sent to
the Cardholder.
7. For Card transactions’
safety, LOTTEFinance may call, send a message or send a confirmation email for
arising transactions, from 1900 6866 / +84 24 7302 0202 or email
cardfmd@lotte.vn, to the phone number and email address registered by
Cardholder.
8. Cardholder must notify
LOTTEFinance about the loss or disclosure of Card information and be
responsible for all financial losses incurred due to the use of the card prior
to the effective time of card lock.
9. LOTTEFinance does not
assume any responsibility for any loss suffered by the Cardholder due to the
Cardholder's failure to comply with the regulations on card safety and security
10. The cardholder accepts that:
a)
The card on the way sent to the address where the
Cardholder registered with LOTTEFinance is in an inactive state, LOTTEFinance
will activate the Card after receiving the Cardholder's request, ensuring
correct confirmation of information Cardholder has registered with
LOTTEFinance.
b)
If the Cardholder enters the PIN incorrectly more than 03
(three) times, the system will automatically lock the PIN. The cardholder may
request to re-enter the PIN or request LOTTEFinance to reissue the PIN and bear
the PIN reissue fee. Notice of new PIN will be sent to the registered address
of the Cardholder or any safe transfer method by LOTTEFinance in accordance with the provisions of law.
1.
Installment payment is the conversion of the transactions
value made in the period into smaller amounts and paid in many consecutive
statement periods.
2.
Conditions to transfer to installments:
a) Primary Cardholder
can convert their purchases and Supplemental Cardholder to Instalment Plan.
b) At the time of
installment transfer, the Cardholder's Credit Card Account is in a normal
operating state, not locked / temporarily locked.
c) Transaction
registered for installment payment:
(i) Type of
transaction applied for installment payment: Purchases of goods, services and
related transaction fees, not applicable to cash withdrawa /cash
advance/disbursement via Card, service fees, interest, adjusted transactions
(refund or change in value)
(ii) The transactions have been settled in the period (and before the statement
date)
(iii) Transaction value transferred via installment payment: at least 500,000
VND, maximum value is not specified.
3.
Primary cardholder can register to convert normal
transactions into installment transactions or request to cancel installments
through registration forms prescribed by LOTTEFinance from time to time. By
submitting a request to LOTTEFinance, the Cardholder acknowledges that he has
read it carefully, agrees and accepts the terms and conditions related to this
installment.
4.
Term of installment payment: The minimum installment
period is 03 (three) months and up to 36 (thirty-six) months.
5.
Value of installment transfer: is converted value to
Vietnam Dong and fee
(if).
6. Interest rates and fees apply to transfers through
installments
a) Interest rate: LOTTEFinance does not
apply specific interest rates for installments.
b)
Installment
payment conversion fee:
-
The fee is charged once when the Cardholder transfers the
installment transaction and pay at the first installment after the Cardholder successfully
registers.
-
Formula to calculate installment fee:
Fee = Fee level (x) Installment payment term (x) Value of installment
transfer transaction
-
The installment conversion fee depends on the installment
term that the Cardholder wants to convert and depends on the card product,
-
Fees are specified in the fee and interest rates of each
Card product and updated from time to time at LOTTEFinance website.
c)
Installment transaction cancellation fee: LOTTEFinance
does not charge cancellation of installment transactions.
7.
Payment method
applicable to installment transactions: Payment by statement period. The
installment payment in the period is included in the outstanding balance in the
period and the minimum monthly payment value includes the entire installment
value in the period.
8.
Cancellation of installment payment
a) In case the transaction has been repaid but the original transaction is
canceled, the installment payment will also be canceled.
b) The cardholder's account is overdue for more than 90 (ninety) days, the
installment transaction is also canceled.
c)
Cardholder requests cancellation of installment transaction.
9.
Installment
payment: LOTTEFinance does not apply installment settlement.
Article 9. Credit Card Limit
1. LOTTEFinance considers and grants each Primary Cardholder a
Credit Card Limit. All transactions of Primary and Suplemental Cards use the
same limit.
2.
Credit Card Limit only
terminates when the Primary Cardholder requests to terminate and is accepted by
LOTTEFinance, or LOTTEFinance decides to terminate or when it is required to
comply with the Laws of Vietnam.
3. LOTTEFinance has the rights to increase, decrease or
terminate the Credit Card Limit granted to the Cardholder or to permit Card
transactions (including cases when Cardholder exceed the limit) and the
Cardholder is responsible for all relevant transactions.
4. If the value of a transaction
exceeds the available limit or limit of each transaction, LOTTEFinance reserves
the right not to authorize the transaction or stop the transaction.
5. Unless LOTTEFinance has other
regulations, the card limit may only be used for consumption purposes.
Article 10. Transaction Limit
1. Credit card transactions
are limited as following:
a) Available limit: The maximum amount cardholder can
spend at a certain time, which equal to the Credit Card Limit minus the
outstanding balance (including outstanding balances and unpaid debts), unpaid
installments and interest charges.
b) Transaction limit: This is the limit for each type
of transaction, such as withdrawal limit, spending limit, online transaction
limit, etc. Transaction limit is used for the Primary Card and Supplementary
Card.
c) Transaction limit per day: The maximum amount that
customers can use via credit card every day. This limit can be set differently
on each Primary Card per Supplementary Card.
d) Transaction limit/time: The maximum amount that
customers can perform on a transaction. This limit can be set differently on
each Primary Card per Supplementary Card.
e) Total number of transactions per day: The maximum
number of times a customer can make a transaction on a Card per day.
2. Each credit card
transaction will be limited by all these above limits. The maximum amount is
the amount including the arising fees related to the transaction (if any). To
increase or decrease these limits, the Primary Cardholder sends a request to
the channels specified by LOTTEFinance.
Article 11. Statement
1. Each credit card has a certain
statement date. Cardholder can choose the monthly payment date at the time of
card issuance. Based on the monthly payment date that the cardholder registers,
LOTTEFinance will default to Statement Date. The statement date is applied to
all Credit Cards of each Cardholder and cannot be changed during the use of the
Card.
2. Monthly, LOTTEFinance shall provide the
Cardholder a Statement to the email address that Cardholder has registered at
LOTTEFinance, except where there is no activity on Credit Card on the previous
stament or the current outstanding balance equals 0.
3. Statement contents
include but not limit to the following contents: details of transactions that
the Cardholder has made, fees, interest, total outstanding balance, minimum
payable amount, and due date, installments, bonus points.
4. The statement sent via
e-mail is deemed received by the Cardholder after successfully being issued by
LOTTEFinance.
5. The Cardholer is
responsible for checking the accuracy of statement's content. If the Cardholder
has any questions about the Credit Card Payments or Transactions, the
Cardholder shall object to LOTTEFiance within 10 (ten) days from the sending
date of the Statement. When over that period, the Bank can understand that the
Cardholder agrees the credit card payments, transactions, interests, fees and
penalty, etc. that are recorded, unless there are any regulations by the
Vietnamese laws.
6. The Cardholder shall
still be liable to pay the amount on the Statement regardless whether they have
actually received the Statement or not.
Article 12. Payment
1. Cardholder
can pay debit balance credit card according to the following methods:
a) Payment through the payment code at the cooperating
bank with LOTTEFinance that it provides to the Cardholder.
b) Payment through the third side
that it cooperates with LOTTEFinance.
c)
It’s debited automatically from the Cardholder's
payment account at the bank which LOTTEFinance cooperates. The cardholder must
register the debit account number and the debt deduction rate desired by the
Cardholder. LOTTEFinance will debit the debt automatically on 02 days before
the due date and / or on the payment due date of the Cardholder. The
cardholder must maintain the required balances at the debit time of the
LOTTEFinance debt. In case it’s not enough, LOTTEFinance may not conduct
debt deduction for the Cardholder and the Cardholder have to take full
responsibility for not paying in full and on time (if any). The Cardholder
commits to be responsible for the authenticity of the Delegation Debts /
cancellation of the Delegation Debts due to the contents of the collective
delegation agreed with LOTTEFinance and match the registration information
(signature) at the chosen banks.
d)
Detailed information about the payment method is
available on LOTTEFinance Website.
2.
Currency
of payment: Vietnam Dong
3. Payment order: When a credit card payment
transaction is recorded into the system, the Cardholder's debts are paid in the
following priority order: installments, unpaid fees, interest, unpaid principal
transactions; or in any order LOTTEFinance is deemed appropriate to the extent
permitted by law without prior reference to the Cardholder.
4. Payment
amount:
a) The cardholder
is obliged to pay on time, fully the minimum amount to be paid so as not to be
counted as late redemption (overdue). Minimum amount paid by (=) Minimum
monthly payment rate, multiplied with (x) debit balance does not include to pay
by installment in the period, plus (+) all credits due in the period, (+) The
minimum amount payment has not been paid in the previous period. In case the
Cardholder arises a debt overdue more than 90 (ninety) days, the minimum amount
must be equal to the total debit balance of the statement period.
5. All payments for LOTTEFinance are considered as paid
when they are noted on the account of LOTTEFinance and payment order is
fulfilled with necessary information, or sooner according to the agreement
between LOTTEFinance and the intermediary organization. The cardholder takes
responsible for LOTTEFinance regarding late payment even if the delay is due to
the delay of the intermediary organization.
6. If the Cardholder pays more than the balance
according to the statement, the balance will be managed without interest and
will be deducted from the debit balance with LOTTEFinance regulations.
7. If
the Cardholder has balances on the Credit Card account, the Cardholder may
request or LOTTEFinance would contact the Cardholder to refund this money by
transferring to the other bank of the Cardholder’s account.
8. Violating
payment obligations
a) The
Cardholder fails to pay fulfilled the Minimum amount payable within the
statement period, the cardholder is considered as violating debt payment
obligation.
b) When the
Cardholder transgresses the repayment obligations, the Cardholder understands
and agrees that LOTTEFinance is entitled to perform one or more of the
following actions:
(i) Apply late payment penalties and other
fees (in accordance with LOTTEFinance regulations periodically and in
accordance with the provisions of the law);
(ii) Suspend temporarily the Credit Card
Limit; or Terminate the Credit Card Limit and withdraw all debit balance;
(iii) Apply the interest rate at a minimum of 150% of the
normal interest for the entire principal balance and fee on the Cardholder's
credit card account when the Cardholder has overdue more than 90 (ninety) days;
(iv) Proceed measures to withdraw debts;
(v) Insert the Cardholder's name into the list
of violating Cardholders (or similar lists) of LOTTEFinance, of any other
states or organizations, according to LOTTEFinance's discretion;
(vi) Other measures in accordance with
LOTTEFinance’s regulations and law.
Article 13: Fees
and interest
1.
Interest
and fees for using credit cards are specified in the Price List and interest,
which are published on LOTTEFinance's website. LOTTEFinance has rights to
actively adjust interest and fee in accordance with the provisions of law and
LOTTEFinance’s regulations in each period. Price list and interest are publicly
shown and provided to cardholders before using and changing. LOTTEFinance uses
one or more forms of provision, informs the Cardholder as the following: email,
message, website publishing, or sent to the Cardholder's registered address.
The time from the announcement to the application of changes in interest rates,
the minimum fee is 07 days. The Cardholder does not complete the procedure to
terminate the use of the card after LOTTEFinance adjusts the interest, the fee
is understood as the Cardholder has approved with LOTTEFinance's adjusted
contents. LOTTEFinance only collects fee according to the Price list and
interest, does not collect any fees out of the published interest and fee,
unless there are other compromises with the Cardholder.
2. Type
of fees:
a) Annual fee group: Product maintenance fee, arising
once a year at the beginning of the period.
b)
Transaction fee group: Arising when the Cardholder transacts successfully, and
the transaction is settled on the system.
c)
Service fee group: One time arising when the Cardholder has requests for credit
card related services, and requests are made.
d)
Penalty fee group: Arising when the cardholder fails to comply with the limits
on credit card limit and time limit or other regulations.
e) Other fees in
accordance with periodical regulations of LOTTEFinance.
3. Interest
a)
Normal
interest rate: applied to debit balance arising from transactions of buying
goods, services, cash withdrawal / cash advance, fees. Interest is calculated
from the date of the card transaction which is updated into LOTTEFinance Card
Management System until the day the Cardholder pays the entire transaction
value, except preferential case of interest free under LOTTEFinance
regulations.
b)
Interest
is applied when the Cardholder has overdue debt of more than 90 days: applied
to all origin and fee of debit balance on the cardholder's credit card account.
Article 14: Interest caculation method
1. Principle of calculating interest Spending
a)
In case the
Cardholder pays all debit balance on the Statement before or on the Due date
in the statement: Cardholder is exempted interest for (i) spending
transactions have been made after statement Date to the Payment Date and (ii)
new spending transactions arising from the time of transaction to the next Statement
Date.
b)
In case the
Cardholder fails to pay all debit balance listed on the Statement before or on
the Due Date is written in the Statement:
(i) If the spending
amount following the Statement is not paid all before the next statement date:
The cardholder is charged interest on this spending amount. Interest is
calculated from the statement date to the statement date of the next period.
(ii) If the spending amount following the Statement
is paid all by the next statement date: The cardholder is charged interest on
this spending amount. Interest calculated from the statement date to the end of
the settlement date.
(iii) If the spending
amount following the Statement is paid in part before the next statement date:
The cardholder is charged interest on the spending amount, interest calculated
after the Statement Date to the Payment Date; and interest is charged on the
unpaid balance, interest calculated after the Payment Date to the next
statement date.
(iv) If the transaction is incurred from the
Statement Date to the next Statement Date, the Cardholder is charged interest
on the amount spent, interest calculated from the date the transaction is
debited to the Card Account to the next Statement Date.
2. Principles for calculating interest on cash
withdrawal / advance transactions
a)
Cash advance transactions do not have a grace period (interest free) even if
the Cardholder always pays the entire debit balance before or in time the due
date.
b)
Cash advance transactions will be charged interest from the next day the
transaction date is accounted till the day the Casholder fully pays.
c) Interest of cash advance
transactions is posted into the system in the statement date.
3.
Principles
for calculating interest on installment transactions
a)
In case the Cardholder pays in full the installment payment in the period on or
before the Due Date, getting interest free on installments.
b)
If the Cardholder pays in full the installment payment in the period after the
due date, he / she will be charged interest from the next day of the due date
to the end of the day.
c) If the
Cardholder does not pay, the interest will be calculated from the next day of
that due date to the next statement date, and continue to calculate interest
according to the new statement periods, until the Cardholder fully pays .
d)
If the payment is less than the amount paid in the period, the Cardholder will
be charged interest on the remaining unpaid installment amount.
e)
Interests of overdue installment transactions are posted into the system on the
statement date.
4. In case the Card has
overdue debt of more than 90 days, the Cardholder bears interest at the rate of
150% of the normal interest for all origin balance and fee on the Cardholder's
credit card account.
5. Interest calculation basis
The interest amount of the interest period is equal to the total of the daily interest of the whole days of the interest period.
Profit amount= |
∑ ( Actual balance
x actual balance memaining days
x Interest rate caulation) |
365 |
In which:
-
Actual balance is the balance at the beginning of the
interest calculation date of the original balance and the term balance, the
original balance and the actual overdue fee that the Cardholder has to pay for
LOTTEFinance.
-
The actual balance remaining days are the number of
days that the actual daily balance remains unchanged.
-
Interest rate is calculated at the rate of % / year
and updated on LOTTEFinance's website in each period.
-
The period of interest calculation is calculated on
the principle of removing the first day and calculating the last day of the
interest calculation period.
Article 15. Inspection and
complaint
1. The Cardholder has the right to request
LOTTEFinance to provide fortuity information about Card transactions, credit card
balance, and limits relating to the use of the Card according to LOTTEFinance’s
regulations.
2. The International Card Organisation (ICO) has
issued a official complaint process with a set timetable which LOTTEFinance has
to comply, namely:
a) The ICO will not support to solve checking,
complaint as the reason the Cardholder does not admit the transaction, except
for the transaction which is suspected fraud.
b) The ICO only allows inspection
and complaint once with the same transaction.
c)
On behalf of the Cardholder in the process of handling inspection and
complaint, the Cardholder needs to provide all the available information and
support required documents from LOTTEFinance.
d)
For transactions that are complied with the reason that the transaction has not
been authorized or rejected authority, the Cardholder can only lodge a
complaint within 45 days from the date of the transaction.
e) For transactions with risk reasons or the
Cardholder does not receive the goods, services or the transaction is not
returned or the goods or services are not as described or the goods / services
are being canceled by Accepted Card Insituition or not receiving the money or
value of the deposit transaction or the unit accepting counterfeit Card or
transactions of late payment, wrong transaction code, wrong currency, wrong
amount of money, dealing transaction 02 (two) times because the Cardholder has
paid in another form. The Cardholder has the right to complain within 90
(ninety) days from the date of transaction.
f)
It is impossible to conduct check and complaint against transactions with a
lower value than the minimum level according to the ICO’s term.
g)
Time to resolve the inspection or complaint can be up to 120 days depending on
the feature of the complaint from the date of receipt valid inspection or
complaint.
3.
While waiting for the results of checking, handling complaints, the
Cardholder is still responsible for paying LOTTEFinance the amount off money
related to the transaction with the request to check / complaint and the entire
fee and interest according to LOTTEFinance notice.
4. Within a maximum of 05 (five) working days from the
date of receipt the notice from the ICO, agreeing to refund all or part of the
amount of money to LOTTEFinance, LOTTEFinance will refund to the Cardholder the
set of money to be controlled or part of the amount to be controlled.
5.
The Cardholder is responsible for submitting the physical card (if LOTTEFinance
is requested), presenting the documents promptly and / or other reasonable
requests are made by LOTTEFinance (including the making of a pre-legal
declaration) law) to assist in handling yours inspection and complaint.
6. In case the Cardholder does not agree with the
result of the inspection and complaint, the Cardholder has the right to request
LOTTEFinance to transfer the dispute to the arbitration level of the ICO within
05 days from the date of receipt the result of notification of complaint
investigation Complaints for control transactions are allowed to be transferred
to arbitration level according to the rules of the ICO. The cardholder must pay
all the costs related to the transfer of the dispute to the arbitration level
and LOTTEFinance shall only process the examination to the arbitration level
upon receipt of the charge within 02 (two) working days from the date of the
Cardholder's request. The arbitral verdict of ICO is the final verdict.
Article 16. Substitution/ Extension
1. To ensure physical and security functions, credit
cards have a using duration of 03 (three) years. Expiry date of the Card is the
last day of the month on the Card. After this date, if the Cardholder's credit
card limit is still valid and meets LOTTEFinance's automatic extension
conditions required at that time, the Card will be automatically extend and the
Physical Card is sent to the Cardholder. The old card will not execute the
transaction after it expires.
2. In the process of using the Card, the Main
Cardholder may request LOTTEFinance to replace the Card for any reason, the
Cardholder shall bear the Card replacement fee. Card replacement fee is
announced at LOTTEFinance’s website and regulated by LOTTEFinance periodical.
3. LOTTEFinance have self- decision to change the Card
number, expiry date of the Card when issuing or replacing the new Card for the
Cardholder. The Cardholder take responsibility for notifying this change to all
parties to whom the Cardholder may make the payment. LOTTEFinance will not be
responsible for the consequences arising from rejected transactions according
to the old Card number or other cases.
Article 17. Rights and obligation of cardholder
1.
Cardholders may use the Card within the credit card limit granted and
within the using scale of the card. If the transaction amount of money exceeds
the Credit Card limit at the time of transaction, LOTTEFinance may not transact
or stop paying the transaction without notifying the Cardholder. In case
LOTTEFinance accepts the Cardholder's use over limit, the Cardholder is
responsible for paying fees and debts regard of LOTTEFinance’s regulations.
2. When the
Cardholder performs or agrees with a transaction, it means that the Cardholder
has understood and done, agreed with the following:
a) Cardholder confirms the validity of the
transaction,
b) The
cardholder confirms that the transaction has accurately shown the purchase
price of the goods, services or the amount of money in the cash advance
transaction,
c) The Cardholder agrees to
pay the amount of such transaction,
d) The
cardholder agrees with the credit that LOTTEFinance provides is equivalent to
the amount of that transaction,
e) The Cardholder understands and accepts interest,
applied fees related to transactions,
f) The
Cardholder is fully aware and accepts risks in case the Cardholder's payment
transactions are confiscated, sealed or suspended by foreign organizations (due
to relating to factors of embargo, crime, terrorism, terrorist financing, money
laundering, subjects take court orders, foreign agencies or other reasons),
3. The cardholder takes whole responsibility
for the transaction conducted by using a credit card at ATM, POS or any other
means. Any instructions given by the card will be irrevocable. The Cardholder,
in any case, must accept all responsibility for the use of the Card, whether
done with or without the Cardholder's knowledge or clarity.
4. Cardholders must not use lost or stolen notification cards.
5. Unless LOTTEFinance has other regulations, the Cardholder only uses the
card for consumption purposes.
6. Cardholders
must not conduct transactions of purchasing goods and services without control;
Cash withdrawal / withdrawal is not allowed to repay loans at LOTTEFinance and
/ or other credit institutions.
7. The
Cardholder must pay in full and on time the amount that the Cardholder has spent,
interest and related fees for LOTTEFinance. The cardholder must refund the
money received due to mistake, system error. The cardholder agrees to
LOTTEFinance to automatically revoke this amount.
8. The
cardholder is responsible for coordinating with LOTTEFinance in providing
information when requested.
9. Other rights and obligations are performed under agreements and / or regulations of law.
Article 18. Rights and obligations of LOTTEFinance
1.
Request the Cardholder to pay all debts incurred in the process of using the
Card;
2.
Proactively request the bank to carry out the procedure of drawing money from
the Cardholder’s registered account of LOTTEFinance at the bank (if the
Cardholder has agreed to choose auto debit service at the bank providing
payment service for LOTTEFinance and Customers).
3.
Proactively collect fees on the Credit Card account for the services requested
by the Cardholder through the Customer Care Center.
4.
LOTTEFinance has the right to collect fees for a supplementary credit card from
the Primary Cardholder or the Supplementary Cardholder or both.
5.
LOTTEFinance reserves the right to block the balance on the credit card if it
is necessary to check the origin of the transaction and/or there is suspicion
of fraud or forgery; be entitled to debit, credit the credit account of its own
will if the transaction is mistaken by LOTTEFinance or by a third party.
6.
Execute the Cardholder's payment order appropriate for the Card usage;
7.
Fully and promptly communicate transactions arising on the Card as agreed with
the Cardholder and be responsible for the accuracy of the information provided.
8.
Ensure confidentiality of information related to the Cardholder's card and
transactions in accordance with law.
9.
Be responsible for damages caused by mistakes, misuse, or fraud on the
Cardholder's account due to LOTTEFinance's fault.
10.
Set up and maintain 24/7 hotline to receive and timely handle information
reflected by the Cardholder.
11.
LOTTEFinance is not responsible for:
a) Any transaction point, financial institution or
someone else that refuses to accept a Credit Card, or the Credit Card being
stuck at an ATM inside and outside Vietnam’s territory, or the inactivity of any
benefits of the Credit Card,
b) Any defect or omission of the goods or services
provided by the transaction point, financial institution or other person to the
Customer,
c) Any loss arising from errors, failures of
electronic devices, when using the Card,
d) Force majeure situations.
12.
Other rights and obligations under agreements and/or legal provisions.
13.
The fact that LOTTEFinance has omitted or not implemented any rights of
LOTTEFinance will not affect LOTTEFinance's exercise of those rights to the
Cardholder as well as its enforcement of other rights and remedies.
Article 19. Primary Cardholder’s termination of the Card use
1. The Primary Cardholder has the right
to unilaterally terminate the use of all Credit Cards (terminating the Credit
Card Limit) or a certain Primary Card and related Supplementary Cards (terminating
the Credit Card Account) by notifying LOTTEFinance through channels as dictated by LOTTEFinance regulations. However, termination
requests are only accepted when the Cardholder has paid all debts with statement, debts
without statement, and expected fees and charges related to the Credit Card Limit and the Credit Card Account.
2. When
the Primary Cardholder requests to terminate the use of the Credit Card but has
not been accepted by LOTTEFinance, annual fees, expenses and interests still continue to arise.
3. After
the termination request of the Credit Card use
is accepted
by LOTTEFinance, the Cardholder still must pay for the transactions that the Cardholder has
successfully performed before the termination request is recorded but at the
time LOTTEFinance has not received information from the card accepting unit.
4. When all the Cardholder's Credit Card Accounts are
terminated, the Credit Card Limit will automatically terminate.
Article 20. LOTTEFinance’s suspension of the Credit Card Limit
LOTTEFinance reserves the right to
temporarily
suspend the Credit Card Limit without notifying the Cardholder in the below cases:
1. The Cardholder does not pay or make insufficient and late payment of the Minimum Payment
Amount.
2. The
Cardholder violates the terms and conditions in the Credit Card Terms and Conditions of LOTTEFinance.
3. LOTTEFinance
has grounds to believe that the continued use of the Cardholder's Credit Card
may cause damage to LOTTEFinance or any
other
Cardholders.
4. LOTTEFinance
assesses transactions have signs of fraud and forgery that may cause damage to the Cardholder or
LOTTEFinance.
Article 21. LOTTEFinance’s termination of the Credit Card
Limit
1.
LOTTEFinance reserves the right to
unilaterally terminate the use of the Card by disabling the Credit Card Limit
and requesting the Cardholder to pay by sending a Credit Card statement when
one of the following situations occur. The Cardholder must continue to perform
payment obligations in accordance with provisions in this Credit Card Terms and
Conditions, amendments, supplements, statements and other commitments, and
attached documents (if any) until all outstanding debts, interests, fees,
penalties and other payable amounts are fully paid, unless LOTTEFinance
notifies a change. LOTTEFinance's debt collection rights are not eliminated by
the termination of the Credit Card Limit and only terminated when LOTTEFinance
collects all debts of the Cardholder:
a) LOTTEFinance has grounds to assume that
the information provided by the Cardholder during the issuance of the Card or
the approval of the Credit Card Limit increase is incorrect or fake,
fraudulent;
b) LOTTEFinance has grounds to believe
that the Cardholder gives fake or fraudulent information in any relationship
with LOTTEFinance;
c) The Cardholder does not pay
sufficiently the Minimum Payment Amount within 90 days from the first payment
due date;
d) The Cardholder has bad debts in group 3
or more at LOTTEFinance or other credit institutions;
e) The Cardholder breaches the terms and
conditions in the Credit Card Terms and Conditions;
f) The Cardholder moves abroad to settle;
g) The Cardholder is an individual who is
dead/missing or declared dead/missing, or loses civil act capacity, or is
prosecuted under criminal law; The Cardholder is an organization that
dissolves, goes bankrupt, stops operation, divides, splits, or changes owners
(30% or more of the charter capital).
h) LOTTEFinance has information that the
Cardholder has a financial change, which leads to inadequate ability or
inability to pay debts;
i) LOTTEFinance has grounds to believe
that the continued use of the Cardholder's Credit Card may cause damage to
LOTTEFinance or any other Cardholders;
j) The Cardholder violates the law;
k) The Cardholder/Card is related to fraudulent/suspiciously
fraudulent transactions or breach of regulations on card use by the SBV, ICO;
l) The Cardholder does not have any transactions
within the last 12 months and the Cardholder's outstanding debt is 0, or
m) Other cases according to Lotte Finance's
regulations and assessments.
2.
When
LOTTEFinance terminates the Credit Card Limit, if there is any remaining
balance of the Cardholder, this amount will be managed by LOTTEFinance without
interest. LOTTEFinance will try to notify the Cardholder of this excess amount.
In case the Cardholder does not request a refund within 06 months from the date
of LOTTEFinance’s termination of the Credit Card Limit, this excess amount is considered to
be donated to LOTTEFinance, and the Contract for
issuance and use of the
Card will automatically terminate.
Article 22. Refusal to honor transactions (refusal of Credit
Card Payment)
In addition to
cases where the Card is locked /closed due to the suspension/termination of the
Credit Card limit
as above, the
Cardholder's Credit Card transactions may be rejected in the following cases:
1. Use the Card to carry out transactions prohibited by law;
2. The
Card has been informed
lost by the Cardholder;
3. The Card expires;
4. The Credit Card Limit’s balance is not enough to cover the payment;
5. When
there is a written request by a competent government agency, reputable organizations such as the Card Association, ICO, or evidence of payment
transaction for money laundering, terrorist financing or other illegal purposes;
6. When
the Card’s
transactions is suspected to be fraudulent or involve fraudulent factors;
7. Other cases (if any) in
accordance with current regulations of LOTTEFinance or Vietnamese law.
Article 23. Lock, unlock Credit Card
1. LOTTLEFinance
performs Card locking in the following cases:
a) Lock
the Card as required by the Cardholder;
b) Lock the Supplementary Card as required by the Primary Cardholder;
c) Lock
the Card suspected by LOTTEFinance;
d) Lock
the Card due to being unused in the last 12 months.
2.
LOTTEFinance performs card unlocking at the request of
the Cardholder or on
the basis for unlocking the locked card.
3.
The Cardholder must carry out
the procedures for requesting card locking, card unlocking according to LOTTEFinance’s regulations.
Article 24. Seizure and termination of Credit Card
LOTTEFinance seizes the Card, terminates the Card in the following cases:
1. Fake Card;
2. Unauthorized
use of the Card;
3. To serve the
investigation and handling of crimes according to law provisions;
4. Other
situations that LOTTEFinance sees as necessary to prevent fraud, forgery or
unlawful acts.
Article 25. Loyalty Program
1.
LOTTEFinance implements ways to earn points from spending to encourage the Card
use of Cardholders.
2.
Rate of accumulated points and validity period of reward points for each
product are regulated by LOTTEFinance for each period and publicly announced on
LOTTEFinance website.
3.
The point of a transaction is only recorded when the transaction is debited by
LOTTEFinance's system on the Credit Card account and the Cardholder only can
begin to convert this point to other gift forms after the statement closing
date of that period.
Article 26. Credit-related insurance
1.
In the event that LOTTEFinance rewards
additional insurance services to the Cardholder, the Cardholder receiving the
insurance means that the Cardholder has read and understood the Conditions and
Terms of this Insurance.
2.
When an insurance event occurs, the Cardholder understands and agrees that the
Cardholder actively and positively cooperates with the third party providing
insurance to resolve the problem.
3.
In case of a risk, the Cardholder permits LOTTEFinance to
be the first beneficiary. LOTTEFinance will use this
insurance benefit to pay for outstanding debts (already with
or without statement) that the Cardholder has not
paid for LOTTEFinance (if any).
4.
If the Cardholder still owe debt at LOTTEFinance after using all the insurance benefits to pay for LOTTEFinance, the Cardholder is obliged
to continue to pay this debt fully on time.
Article 27. Force majeure
1.
A force majeure event refers to any
event beyond LOTTEFinance’s control including but not limited to: fire, flood,
earthquake, storm or other natural events, strike or other labor dispute, war,
insurrection, terrorism or riots; acts or failure to act by any competent
authority; changes in laws or any order of any competent authority; violations
of the third party; any failure, disruption or interference failure of any
telecommunications, electricity supply and other utilities; any technical
failures, disruptions or interference to any computer system or equipment or
any channel (whether caused by hardware or software).
2.
LOTTEFinance shall not be responsible or liable for any loss to Cardholder due
to a Force Majeure event.
Article 28. Cardholder information
1. The
Cardholder permits LOTTEFinance to provide information about the Cardholder and
other information related to the Card to an appropriate extent for the purposes
(i) to perform the Cardholder's transactions; (ii) to provide organizations
with credit information functions; (iii) to collect debts, sell debts; (iv) to provide
to lawyers, auditors, consultants, owners of LOTTEFinance,
organizations/individuals who have introduced you to LOTTEFinance, and
outsourced units of LOTTEFinance who must have a commitment to information
security; (v) to print, deliver and transport documents and records to the
Cardholder; (vi) to provide information to organizations/businesses working in
information technology, telecommunications, insurance, intermediary, cash
collection/payment agents, payment intermediary and other supporting organizations
for Cardholders that LOTTEFinance cooperates; (vii) to verify fraud and breach
of law, denounce and report crimes, support litigation proceedings, (viii)
other cases as prescribed by law.
2. Except for the above, LOTTEFinance is responsible for protecting the
Cardholder's information, not allowed to collect, use, transfer information of
the Cardholder to third parties without the Cardholder's permission.
3. The Cardholder can
contact LOTTEFinance to ask for and change information by calling Customer Care
Center.
Article 29. Measures for debt collection
1. The Cardholder
agrees that LOTTEFinance shall apply measures to urge and collect debts,
including:
a) Send a message and/or call,
and/or use other means to contact the Cardholder to remind and urge the debt
repayment; send a written notice to the Cardholder's residence address; and/or
where the Cardholder is working;
b) Send a message to and/or call
on the phone numbers provided by the Cardholder to seek assistance with the
Cardholder's information or support transferring payment information to the
Cardholder;
c) Transfer the request for debt
repayment, debt information to a third party without the Cardholder’s consent
to collect debt in case the Cardholder incurs overdue debts; Entrust, delegate
to Lotte Card and/or other organizations/individuals to collect debts.
d) Deduction of money from the
account: The Cardholder agreeing the non-cancelable delegation to LOTTEFinance
is entitled to request the Credit Institution where the Cardholder opens the account
to draw money from the Cardholder's account to pay debts to LOTTEFinance
according to adequate provisions of that credit institution;
e) Draw money from the income
account paid by the Income Payer of the Cardholder if LOTTEFinance and the
Income Payer have an agreement;
f) Handle assets that the
Cardholder borrows to buy, and/or any other assets owned by the Cardholder and
follow the necessary procedures in accordance with applicable laws to collect
overdue debts;
g) Implement other measures as agreed with the
Cardholder;
h) Carry out litigation proceedings in accordance with
applicable laws.
2. LOTTEFinance will only urge, remind the debt
within the time permitted by law and not take debt reminding and collection
methods against the law.
Article 30. Notice
1.
All notices and exchanges between LOTTEFinance and the Cardholder related to
the Agreement of issuing and using the Card may be done through one or more of
the following forms: telephone; SMS messages; email; in writing sent to the address
of the parties; through smart phone applications developed by LOTTEFinance
allowing Cardholders to download and use on the phone; Messages are sent via
social network from the official LOTTEFinance account to the corresponding
social network account of the Cardholder; or other forms as registered by the
Cardholder.
2.
The notice is considered received when the call to the Cardholder is
successful; Message, Email are sent successfully. The written notice is
considered received on the third business day from the date that the notice is
delivered to the mail delivery unit. In case the notice is published on the
general information website, the notice is considered received when it has been
publicly announced.
3.
Information and address for the
Cardholder to receive notification from LOTTEFinance is the email address,
phone number, permanent/temporary residence address, workplace address, contact
address, ... at the registration form of the Cardholder, and later changes (if
any). The Cardholder must carefully check the information and address to ensure
that they can receive LOTTEFinance notice. The Cardholder must notify
LOTTEFinance immediately of any changes in the Cardholder's information as well
as any other methods that the Cardholder wants to use to exchange information
between the Cardholder and LOTTEFinance.
4.
LOTTEFinance can use data from
LOTTEFinance system to make notices sent to the Cardholder. The Cardholder
agrees that the notice is valid even if the information about the name,
address, or other content are written in Vietnamese without tones, and/or the
notice does not require a signature or seal of LOTTEFinance. The Cardholder
needs to contact Customer Care Center immediately (1900 6866 / +84 24 7302 0202
or cskh@lottefinance.vn) of LOTTEFinance if he/she has any questions about
these notifications.
5.
Cardholder agrees that LOTTEFinance is
entitled to request arbitration/court to conduct trial, to resolve disputes in
the absence of the Cardholder in case the Cardholder provides incomplete or
incorrect address information, or the Cardholder has changed the address
without notifying LOTTEFinance, leading to the Cardholder not receiving notice,
invitation, summons, litigation documents, and other papers. The cardholder is
responsible for paying the debts to LOTTEFinance even if he/she does not
receive debt reminders or debt collection notices.
Article 31. Applicable Laws and Dispute Resolution
1. These terms and conditions are governed by the
laws of the Socialist Republic of Vietnam and the regulations on the issuance,
use and payment of credit cards of the ICO.
2. If any dispute
related to the Cardholder's Credit Card arises, the Cardholder and LOTTEFinance
will firstly resolve it through negotiation. In case of unsuccessful
negotiation, the dispute will be resolved in a competent court in Hanoi,
Vietnam (for cardholders being Vietnamese organizations/individuals) and
resolved at the International Arbitration Center of Vietnam (for cardholders
being foreigners). The losing party is obliged to pay all expenses related to
the case, including but not limited to proceeding costs, fees and legal costs,
including attorneys' fees, entire court enforcement costs. and other related
expenses that the other Party must spend to resolve the case.
Article 32. Other provisions
1. In case you
register as a member of LOTTEMember, you will enjoy the membership benefits of
LOTTEMember and you must abide by the terms of Regular Customer Program and
accept the collection, use, and disclosure of personal information of LOTTE
Members Vietnam Co., Ltd. This is an agreement independent from the Contract of
Card Issuance and Use. LOTTEFinance will not be responsible for the activities
of LOTTE Members Vietnam Co., Ltd. and / or any other entities.
2. LOTTEFinance
reserves the full right to modify or supplement any content of this document
and will notify the Cardholder in various forms (text or email or SMS message)
before application. The Cardholder not terminating the use of LOTTEFinance
credit card after the amendment and supplement of these Terms and Conditions is
understood that the Cardholder agrees and accepts the Terms and Conditions of
amendment and supplement.
3. If any terms or
conditions of these Terms and Conditions are declared ineffective, those terms
and conditions will not invalidate other terms and conditions of the Credit
Card Terms and Conditions.
4. These Terms and Conditions are valid and applicable to the Cardholder since the LOTTEFinance approved his/her application. These terms and conditions are set in Vietnamese and English, in case of differences between Vietnamese and English content, the Vietnamese version shall prevail. These terms and conditions are publicly available on LOTTEFinance's website (http://lottefinance.vn).