SMBC CASH CARD – Terms and Condition B

本書は、<カード振込入金サービス>利用ルールをメトロバンク顧客用に説明したものです。
This is an English translation, only for Metrobank customers’ reference purpose, of the original “<カード振込入金サービス>利用ルール” (the “Rules”) in Japanese.In connection with subscription contract of our “カード振込入金サービス” (the “Service”) with the Subscriber, third parties that are not employees of the Subscriber (“Third Party Users”) must conform to the “<カード振込入金サービス>利用ルール” (the “Rules”) as stipulated below, at applying for “振込入金専用カード” (“Cash Card”).In the Rules, the Subscriber means Metrobank and Third Party Users means customers of Metrobank.

1. “振込入金専用カード” (“Cash Card”)
   1. A request for issuance of Cash Card by Third Party Users will be processed through the Bank’s (Sumitomo Mitsui Banking Corporation as “SMBC”) internal screening. The request may be rejected, depending on the screening results.
   2. The fees associated with issuance of Cash Card shall be deducted from an account specified by the Subscriber
   3. SMBC may issue Cash Card to Third Party Users directly or indirectly through the Subscriber. Issuance of Cash Card represents an execution of contract for use of Cash Card between SMBC and Third Party Users.
   4. Ownership of Cash Card belongs to SMBC.
   5. The Subscriber and Third Party Users are prohibited from lending, transferring or disposing, etc. issued Cash Card to others.
2. ATMs
   1. Types of available ATMs, the number of notes and the maximum amount per transaction
      As the selection below, the Subscriber specifies the ATMs that it intends to use for the Service, and transactions can be processed only through such ATMs.

      Available ATMs for the Service	Number of notes accepted	Maximum amount per transaction
      ATMs at SMBC’s manned or unmanned branches	200 per transaction	JPY 300,000.-
      ATMs of E-net, Lawson, and Seven Bank at cooperating branches	50 per ATM (per day)	JPY 300,000.-

       

   2. In case where the Service becomes unavailable due to problems, such as connection failure of ATMs at a partner convenience store, or other condition at each ATM location, the intended transaction shall be processed on the following day.
   3. Monies placed in the ATM cannot be divided into multiple deposits.
   4. Once deposit is processed and complete, such deposit is not cancellable.
   5. Please make sure you receive an “ATM Service Receipt”, a receipt that is issued to show the details of the deposit. (Note that ATMs used by Third Party Users will not show the amount of deposit in its receipt.)
   6. SMBC may change the scope of ATMs available for the Service, if it is considered necessary, in view of the usage of the Service, changes in economic conditions and other circumstances.

1. Disclaimer
   In the case where ATMs are unusable due to unavoidable reasons, such as connection failure of the ATMs and other reasons not attributable to SMBC, SMBC shall assume no responsibility.
2. Revisions of the Rules
   Based on the usage of the Service, changes in economic conditions and other circumstances, if it is considered duly necessary to revise the Rules, SMBC may do so by notifying the Subscriber and Third Party Users (including in-store notification, web notification and other equivalent notification methods). The effective date of the intended revision shall be set out in the notification, with an adequate transition period of more than one month, etc.
3. Exclusion of Anti-Social Forces
   1. Third Party Users shall represent and warrant that each is not and shall not be in the future, a member of an organized crime group, an ex-member of an organized crime group and five years have not passed since the date of such cessation, a quasi-member of an organized crime group, a related company or association of an organized crime group, a corporate racketeer, a group engaging in criminal activities under the pretext of conducting social campaigns, or a crime group specialized in intellectual crimes (collectively, “Anti-Social Forces”). Further, the Third Party Users shall represent and warrant that they have not fallen and shall not in the future fall under any of the following:
      1. a person having such relationship with Anti-Social Forces that shows Anti-Social Forces’ control over the person’s management;
      2. a person having such relationship with Anti-Social Forces that shows Anti-Social Forces’ substantial involvement in the person’s management;
      3. a person having such relationship with Anti-Social Forces that shows reliance on Anti-Social Forces to benefit itself or third parties or to damage third parties;
      4. a person having such relationship with Anti-Social Forces that shows the person’s active cooperation and involvement with the maintenance or operation of any Anti-Social Forces by providing funds and other benefits; or
      5. any of the board members or others substantially involved in the management is engaged in socially condemnable relationship with Anti-Social Forces.
   2. Third Party Users shall represent and warrant that they shall not conduct, on their own or through the use of third parties, any of the following:
      1. a demand with violence;
      2. an unreasonable demand beyond their legal responsibility;
      3. use of intimidating words or actions in relation to business transactions;
      4. an action to damage the reputation of or interfere with the business of any party by spreading false rumors, using fraudulent means or resorting to force; or
      5. any other actions equivalent to the above.
4. Suspension of card use
   1. If it is discovered that Third Party Users are Anti-Social Forces or fall under any of the categories provided in Paragraph 5. (1), have conducted any of the actions described under Paragraph 5. (2); or have made a false statement regarding the representation and warranty provision in Paragraph 5. (1) and (2), SMBC may unilaterally terminate the use of Cash Card by such Third Party Users without any notice, and Third Party Users shall not contest such termination.
   2. SMBC may suspend the use of Cash Card in whole or in part, if considered necessary or if the Third Party Users fall under the following conditions.
      1. It is suspected that the Service is being used by a person under the guise of the Subscriber or Third Party Users.
      2. It is suspected that the submitted application for Cash Card included false information.
   3. Third Party Users shall not seek indemnification for any losses arising from termination of the use of Cash Card caused by Paragraphs 6. (1) and (2) and SMBC shall assume no responsibility for losses incurred to the Third Party Users.
   4. When the Subscriber intends to terminate the contract for the Service (the “Service Contract”), Third Party Users shall be notified by the Subscriber prior to termination. Additionally, their Cash Card shall be disabled in sync with the contract termination. Further, SMBC assumes no responsibility for losses incurred to the Subscriber or Third Party Users due to the contract termination.
   5. Third Party Users, immediately upon request of SMBC, shall return Cash Card directly to SMBC or indirectly through the Subscriber in case of Paragraph 6. (1), (2) and (4).

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