Card Holder Agreement


Definitions

'You' and 'Your' shall mean the applicant whose name appears on the Medicash Card application form and includes his/her heirs and assignees. 'Additional Cardholder' shall mean an individual issued a Card as per your instruction.

'Card' or 'Prepaid Card' or 'Medicash Card' shall mean a Prepaid card issued by E-Meditek/Issuing Bank on a Card Account and which entitles a Cardholder to use the Card Account.

'Cardholder' is an individual who holds a Card under this Agreement and shall mean a Primary Cardholder and, where appropriate the Additional Cardholder.

'Card Account' shall mean an account opened and maintained by E-Meditek/Issuing Bank for the purpose of usage of the Card, under this Agreement. 'Charges' shall mean all amounts charged to the Card Account under this Agreement including but not limited to purchase of goods, services by use of the Card or a Card number, , joining fee, annual fees,, collection charges, maintenance charges transaction charges and service charges.

'International transactions' mean the transactions entered into by the Cardholder on his/her Card outside of India, Nepal and Bhutan.

'Merchant Establishment' shall mean any company, establishment, firm or person, wherever located and in whatever form (including the Internet), which is designated as a VISA/ MasterCard merchant and/or with whom there is an arrangement for a Cardholder to obtain goods, services or by use of the Card or Card number and includes any establishment displaying the VISA/ MASTERCARD symbol which appears on the face of the Card.

'Primary Cardholder' means a Cardholder in whose name the Card Account is maintained.

E-Meditek' shall mean E-Meditek Private limited having its registered office at B-9/6257, Vasant Kunj, New Delhi – 110070, and shall include its successors and assignees.


The Card

  • You shall be deemed to have unconditionally agreed to be bound by this Cardholder Agreement by acknowledging receipt of the Card in writing or by signing on the reverse of the Card or by incurring a transaction on the Card. If you do not wish to be bound by this Agreement then you must cut the Card in half and return it to Medicash promptly.
  • The Card is the property of E-Meditek and Issuing Bank and must be surrendered to E-Meditek and Issuing Bank on request. The Cardholder should safeguard it from misuse by retaining it under his/her personal control at all times.
  • The Card is valid up to the last day of the month of the year indicated on the face of the Card unless cancelled earlier. Upon expiry or earlier cancellation, the Card may be renewed or reinstated at the sole discretion of E-meditek. On expiry, the Card must be destroyed by cutting it in half diagonally.
  • Renewal fee at the prevailing rate will be informed to you on completion of tenure and post receipt of renewal fee card facility will be extended. Renewal Additional Card fee will also be charged for Additional Card at the prevailing rate. The charges are subject to change at the discretion of E-Meditek and are not refundable.
  • E-Meditek may, based on the Primary Cardholder's written request, issue Additional Cards to individuals nominated by the Primary Cardholder who shall be unconditionally bound by this Agreement.
  • The Primary Cardholder shall be fully liable to E-Meditek for all the transaction and Charges on his/her Card and also for those incurred by the Additional Cardholders.. The Primary Cardholder may at any time request cancellation of any Additional Card(s) but will continue to remain liable for any Charges on such Additional Card(s).

Use of the Card

  • The Card is valid for use in India as per usage restrictions, entitlements and other conditions stipulated by Reserve Bank of India (“RBI”) or any other Government authority from time to time.
  • The Card is not valid for payment in foreign exchange in Nepal and Bhutan. The currency of transaction on the Card in Nepal and Bhutan shall be the local currency or Indian Rupee.
  • The Cardholder (including the Additional Cardholder) shall strictly comply with all requirements of the foreign exchange control/management regulations issued by RBI from time to time and in the event of non-compliance, the Cardholder will be liable for action under the applicable exchange control/ management regulations. Moreover, the Cardholder may be debarred from holding the Card at the instance of RBI or E-Meditek/Issuing Bank.
  • Use of the Card at Merchant Establishments will be limited to the funds loaded by cardholders to each Card Account. Any transaction above the available funds will be declined.
  • E-Meditek may, at any time without prior notice, refuse authorisation for a Charge incurred at a Merchant Establishment, and/or restrict or defer the Cardholder's ability to use the Card and/or suspend or cancel the Card and/or repossess (directly or through a Merchant Establishment or any other third party) the Card if it reasonably believes that it is necessary to do so for proper management of business risk or if the Card or the Card Account is being or likely to be misused or if the Cardholder is in violation of the exchange control/management regulations or any other applicable law or regulation.
  • The Card may be used for personal purposes and for bona fide business expenses.
  • The Cardholder shall ensure that he/she maintains a detailed record of his/her transactions on the Internet. E-meditek is not obliged to make any independent verification with regard to order details provided by the Cardholder and shall be entitled to rely on the details submitted by the Cardholder on the Internet.
  • Some transactions may attract a service charge, in addition to the amount of the Charge, at certain Merchant Establishments. E-Meditek may also levy charges for collection of cheques, maintenance of the Card Accounts, and for other services that may be rendered to the Cardholder from time to time.
  • The Cardholder must sign and collect the Chargeslip, or Mail Order Coupon at the time of incurring the Charge. Failure to sign a chargeslip will not avoid liability for the Charges. The Cardholder must retain his/her own copy of the chargeslips. Copies of chargeslips will not normally be provided by E-Meditek/Issuing Bank. However, at its discretion, and upon customer request, E-Meditek/Issuing Bank may provide copies thereof subject to an additional charge.
  • Any chargeslip or other payment requisition (electronic or otherwise) received from a Merchant Establishment or any intermediary by E-Meditek/Issuing Bank for payment shall be conclusive proof that the amount recorded on such chargeslip or other requisition was properly incurred by the use of the Card by the Cardholder. Should the Cardholder choose to disagree with a Charge indicated in the monthly statement of account, the same should be communicated to E-Meditek within 10 (ten) days of the statement date, failing which it would be construed the monthly statement of account are entirely in order.
  • You agree that an electronic record or printout of an electronic record or a copy produced from a microfilm or a scanned /digital image of any document or Charge relating to your Card / Card Account with E-Mediek/Issuing Bank or produced from data received by E-Meditek/Issuing Bank electronically from the Merchant Establishment or from you or any intermediary, shall be conclusive evidence of that document or Charge for any purpose.
  • E-Meditekis not responsible or liable for any defect or deficiency in respect of goods and services charged to the Card. Any dispute should be settled directly by the Cardholder with the Merchant Establishment and failure to do so will not relieve the Cardholder of any obligations to E-Meditek. The existence of a claim or dispute shall not relieve the Cardholder of his/her obligation to pay all Charges and the Cardholder agrees to pay promptly such Charges, notwithstanding any dispute or claim whatsoever. No claim by the Cardholder against a Merchant Establishment will be the subject of a set-off or counterclaim against E-meditek.
  • The Cardholder acknowledges that the privileges, benefits and facilities attached to the Card may be suspended/withdrawn by E-Meditek at its discretion at any time without liability to the Cardholder. Termination of this Cardholder Agreement shall result automatically in the termination of such privileges, benefits and facilities.E-meditek shall not be liable in any way to the Cardholder for any defect or deficiency in any privileges, benefits or facilities provided by third party suppliers or Merchant Establishments.
  • A purchase and a cancellation of goods/services, e.g. air/rail tickets, are two separate transactions. Credit of refund on account of cancellation will be made to the Card Account (less cancellation charges) only when received from the Merchant Establishment. No cash refund will be given to the Cardholder. If a credit is not posted to the Card Account within a reasonable time, the Cardholder must notify E-Meditek/Issuing Bank within 30 (thirty) days of cancellation.
  • In case the Card is suspended/cancelled, whether on account of non-compliance with exchange control/management regulations or otherwise, E-Meditek/Issuing BANK will not be responsible for any attempted usage of the Card, whether in India or abroad, resulting in the Card being dishonoured and the concerned Merchant Establishment would be entitled to pick up the Card on presentation.

Insurance Benefits

  • Insurance is optional and a subject matter of solicitation. In the event any insurance cover or benefit of any insurance cover is made available to the Cardholder by an insurance company at the request of E-Meditek, the Cardholder specifically acknowledges that E-Meditek will not be liable in any manner whatsoever and that the insurance company will be solely liable for all claims thereunder. The Cardholder shall not hold E-Meditek or Issuing Bank responsible for any matter arising out of or in connection with such insurance cover, whether for or in respect of any deficiency or defect in such insurance cover. Recovery or payment of compensation, processing or settlement of claims or any other matter in relation to the insurance cover shall be addressed to and resolved directly by the Cardholder with the insurance company.
  • The Cardholder further acknowledges that the insurance cover so provided will be available to the Cardholder only as per the terms of the relevant insurance policy in force and only so long as the Card Account is maintained in good standing. On the Card being suspended or cancelled for whatever reason, the benefit of such insurance cover shall automatically and ipso facto cease to be available from the date of suspension/cancellation of the Card Account.

Lost or Stolen Cards

  • In the event the Card, Card number o, stolen or misused by another person, the Cardholder must report the occurrence toE-Meditek/ Issuing bank . Although loss, theft or misuse may be reported by any means, the Cardholder must confirm to E-meditek in writing immediately after reporting the loss/theft/misuse to the police. A copy of the police complaint/First Information Report (FIR) must accompany the written confirmation.
  • If the Cardholder loses his/her Card overseas, he/she may either report the occurrence to E-Meditek or report the loss through the VISA/ MASTERCARD Global Emergency Assistance Services. In case the Cardholder uses the VISA/ MASTERCARD Global Emergency Assistance Services then the charges would be applicable as provided in the cardholder guide.
  • E-Meditek is neither liable nor responsible for any transactions incurred on the card account prior to the time of reporting of the loss of the card, and the card member will be wholly responsible and liable for the same. However it is stipulated that after receipt of proper notification of the loss by E-Meditek by any means preferably on call or in writing, the card member shall have no financial liability. Furthermore, in addition to notifying E-Meditek about the loss or theft of the card, the card member must report any thefts of cards to police and other investigating authorities and lodge a First Information Report (“FIR”).
  • The Cardholder will not be liable for transactions made on the Card after receipt by E-Meditek of the written notice of the loss/theft/misuse.
  • On the loss of the Card, E-Meditek may at its sole discretion issue a replacement Card at a fee. In the event the Cardholder subsequently recovers the Card, the recovered Card must not be used and must be cut in half diagonally and returned immediately to E-Meditek and adequate care taken to prevent its misuse.
  • The Cardholder is responsible for the security of the Card, Card number shall take all steps towards ensuring the safekeeping thereof. In the event E-Meditek determines that the aforementioned steps are questionable (on account of the Cardholder's negligence, malafides, etc.), financial liability on account of the lost, stolen or misused Card/Card number be borne by the Cardholder and could result in cancellation of the Card Account.

Termination

  • The privileges of the Card may be suspended and the Card cancelled byE-meditek, either temporarily or permanently, at any time as provided in clause 3 hereinbefore in its absolute discretion and without giving notice thereof to the Cardholder or assigning any reason therefore. E-Meditek/Issuing bank may list the cancelled Cards in a Cancellation Bulletin/Alert/Hot List, etc. or otherwise inform the Merchant Establishments that the Card(s) issued on the Card Account have been cancelled. The Cardholder shall agree to surrender the Card to E-Meditek or its representative or a Merchant Establishment, upon being requested to do so either by E-Meditek or its representative or by a Merchant Establishment.
  • The Cardholder can close his/her Card Account at any time by terminating this Agreement by a written notice to E-meditek accompanied by the return of the Card cut in half diagonally and with full settlement of all Outstanding on the Card Account.
  • The Cardholder specifically acknowledges that once the Card Account is closed and privileges (including any benefits and services) of the Card stand withdrawn, reinstatement of the same is neither automatic, nor attendant and will take place solely at the discretion of E-Meditek The Cardholder also acknowledges that the aforementioned takes precedence over any communication in this context that the Cardholder might receive during the normal course.
  • The Card Account is liable to be suspended / cancelled on instruction from any government / regulatory body.

Miscellaneous

  • Where E-Meditek acts on good faith in response to any oral or electronic instruction or inquiry by the Cardholder in respect of any matter in relation to the Card, the Cardholder will not be entitled to claim or allege any loss, damage, liability, expense etc., attributable, directly or indirectly, to any such good faith action of E-Meditek and the Cardholder agrees to hold E-MEDITEK harmless in respect thereof.
  • The Cardholder hereby authorizes E-Meditek or its representatives to contact his/her employer, banker or any other source to obtain and/ or verify any information or otherwise that may be required.
  • E-Meditek reserves the right to add to or change these terms and conditions and revise policies, benefits and features offered on the Card at any time. The Cardholder will be notified of any such changes. By keeping or using the Card after notification, the Cardholder is deemed to have agreed to the amendment/change. If the Cardholder does not agree with any amendment of the terms and conditions or any other change related to the Card or benefit made available on the Card, he/she may cancel the Card by cutting it in half diagonally and returning both halves to E-Meditek.
  • The Cardholder authorises disclosure of his/her Card Account information by E-Meditek to any third party engaged to provide any service in connection with operation of the Card Account and/or marketing of various services. The Cardholder agrees to E-Meditek sending, from time to time, marketing offers and/or promotional mailers to him/her at his/her postal or e-mail address, unless he/she has specifically opted not to so receive, in which event E-Meditek will be entitled reasonable time to stop sending such offers.
  • The Cardholder hereby agrees that the Card application and copies of all documents submitted in support thereof and for the ongoing operation of the Card Account by the Cardholder to E-Meditek are and shall remain the sole and exclusive property of E-Meditek , and E-Meditek shall not be obliged to return the same to the Cardholder upon his/her request or upon termination of this Agreement.
  • The forbearance, delay or failure on the part of E-meditek to exercise any right under this Agreement shall not operate as waiver of such a right nor preclude any further exercise of that right.
  • Without in any way limiting the above, E-Meditek shall not be liable or responsible to the Cardholder for any loss, damage, expense, claim or liabilityarising directly or indirectly out of :
    • Any defect or deficiency in any goods and services purchased on the Card or availed as a benefit, privilege or facility attached to the Card;
    • Refusal by or inability of a Merchant Establishment to honour or accept the Card;
    • refusal by or inability of a Merchant Establishment to honour or accept the Card;
    • handing over of the Card by the Cardholder to any unauthorised person;
    • any statement made by any person requesting return of the Card or any act performed by any person in conjunction therewith;
    • any injury to the credit, character and reputation of the Cardholder alleged to have been caused by the repossession of the Card and/or request for its return;
    • E-Meditek complying with any request made by the Additional Cardholder in relation to the Card Account;
    • the exercise of any right by E-Meditek seeking surrender the Card prior to the expiry of the date mentioned on the face of the Card whether such demand and surrender is made and /or asked by E-Meditek or any person or Terminal Device;
    • exercise of E-Meditek/Issuing Bank’s right to terminate any Card;
    • decline of any transaction by E-Meditek / Issuing Bank because of the Cardholder exceeding balance on his card entitlements or usage restrictions as prescribed by RBI guidelines issued from time to time;
  • The Cardholder is aware of all security risks, including possible third party interception of any of his/her transactions and statements of account on the Internet and the contents of his/her transactions or statements of account becoming known to third parties. The Cardholder agrees and undertakes that he/she shall not holdE-Meditek and Issuing Bank liable therefor in any way. The use and storage of any information, including without limitation, the Card number, , account information, transaction activity, account balances and any other information available on the Cardholder’s Internet access device or computer is at his/her own risk and responsibility.

Governing Law & Arbitration

  • The Cardholder Agreement shall be governed by the laws of India and the courts of Delhi.
  • Any dispute, difference and/ or claims arising out of in connection with or in relation to this Agreement, shall be settled by arbitration in accordance with theprovisions of the Arbitration and Conciliation Act, 1996 and any subsequent statutory amendment, if any, to the Act , by a sole arbitrator, whose appointment shall be made at the instance and discretion of the E-Meditek . The arbitrator appointed shall be competent to decide whether any matter or dispute or difference referred to the arbitrator falls within the purview of arbitration as provided for in this clause and/or should be decided under the Arbitration and Conciliation Act, 1996.
  • Any arbitration award granted shall be final and binding on the Parties. The venue and seat of the Arbitral Tribunal shall be at New Delhi.
  • This Clause 10 shall survive termination of the Cardholder Agreement.

Discount & Cash Back Program

  • E-Meditek will offer Cash back and discount on the Medicash Card when used for availing services at network partner.
  • Cash back means a credit entry, subject to certain limits mentioned below, provided executed by E-Meditek on the Card Account based on Eligible Transactions.
  • Cash back Percentage means the percentage of the eligible transaction amount that would be given as "Cash back" and is subject to change as per the discretion of E-Meditek. However any such change would be informed to the Cardholder by communicating through communication of the same in the monthly Card billing statement at least 30 days before any such change.
  • Eligible Transaction means a transaction any category of transactions as may be decided from time to time by E-Meditek at its sole discretion) belonging to Promoted Category successfully entered into using the Card and not charged back.
  • Promoted Category means a category of transactions promoted from time to time by and/ or subject to sole discretion of E-Meditek.
  • The promoted categories and the respective Cashback percentages for the Medicash card are dependent on as agreed by the Merchant and
  • The discount and Cash back percentage will be dependent at sole discretion of E-Meditek and its Network Service Provider.
  • E-Meditek will inform the Card Member / Account Holder about the Promoted offers from time to time by indicating the same on the statement of the Card Account or through other activity as decided by E-Meditek.
  • Returned purchases, disputed or unauthorized/fraudulent transactions, , card account fees and Charged back transactions would not be given a Cashback under this program.
  • The CardHolders and the Add on card Holder, by signing on the application form for the Medicash Card expressly agree that E-meditek decision on eligibility and correctness of the Cashback given to be final and binding on them.
  • E-meditek computation of cash back shall be final, conclusive and binding on cardholders and will not be liable to dispute or question at any time.
  • E-Meditek has the right to include more Promoted Category or exclude certain existing categories / Merchant Category Codes from the product proposition.