FR833282333 NISSAN® VISA® CREDIT CARD
T&C DC PDF WF2171020Y
6/2020

SYNCHRONY BANK
SECTION I: RATES AND FEES TABLE
NISSAN® VISA® CREDIT CARD ACCOUNT AGREEMENT
PRICING INFORMATION

Interest Rates and Interest Charges

Annual Percentage Rate 
(APR) for Purchases

The APR for purchases is the prime rate plus 19.99%.

This APR will vary with the market based on the Prime Rate.

APR for Cash Advances

Paying Interest

The APR for cash advances is the prime rate plus 21.99%.

This APR will vary with the market based on the Prime Rate.

Your due date is at least 23 days after the close of each billing cycle. We will not charge 
you  any  interest  on  purchases  if  you  pay  your  entire  balance  by  the  due  date  each 
month. We will begin charging interest on cash advances on the transaction date.

Minimum Interest Charge

If you are charged interest, the charge will be no less than $2.00.

Fees

Transaction Fees

• Cash Advance

Either $10 or 4% of the amount of each cash advance, whichever is greater.

• Foreign Transaction

3% of each transaction.

Penalty Fees

• Late Payment

• Returned Payment

Up to $40.

$29

How We Will Calculate Your Balance: We use a method called “daily balance.” See your credit card account agreement 
below for more details.

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How Interest is Calculated

Your Interest Rate

SECTION II: RATES, FEES AND PAYMENT INFORMATION 
NISSAN VISA CREDIT CARD ACCOUNT AGREEMENT

We use a daily rate to calculate the interest on the balance on your account each day. The daily rate is the 
applicable APR times 1/365. Interest will be imposed in amounts or at rates not in excess of those permitted 
by applicable law.

The APR for purchases is the prime rate plus 19.99%. As of April 1, 2020, the daily rate for purchases was 
.06368% (APR 23.24%).

The APR for cash advances is the prime rate plus 21.99%. As of April 1, 2020, the daily rate for cash 
advances was .06916% (APR 25.24%).

Daily Rates May Vary. The APRs and the daily rates on your account vary with the market based on the 
prime rate. The prime rate for a billing cycle is the highest bank prime loan rate published in The Wall Street 
Journal in its Money Rates section on the last business day of the calendar month preceding the first day 
of the billing cycle.

If the prime rate increases, the daily rates and APRs will increase. As a result, interest, your total minimum 
payment and the number of payments it would take you to pay off your account balance may increase. We 
apply any change in rates because of a prime rate change to your entire account balance. A change in the 
prime rate will take effect on the first day of the first billing cycle after the change. We may select a new 
interest rate index if the prime rate is not available.

When We Charge Interest 

Purchases. We charge interest on your purchases from the date you make the purchase until you pay the 
purchase in full. See exceptions below.

How We Calculate Interest

•  We will not charge you interest during a billing cycle on any purchases if:

  1. You had no balance at the start of the billing cycle; OR

  2.  You had a balance at the start of the billing cycle and you paid that balance in full by the due date in that 

billing cycle.

•   We will credit, as of the start of the billing cycle, any payment you make by the due date that we allocate to 

purchases if:

  1. You had no balance at the start of the previous billing cycle; OR

  2.  You had a balance at the start of the previous billing cycle and you paid that balance in full by the due date 

in the previous billing cycle.

Cash  Advances.  We  charge  interest  on  your  cash  advances,  and  their  related  fees,  from  the  date  you 
make the transaction until you pay them in full. You cannot avoid paying interest on cash advances or their 
related fees.

We figure the interest charge on your account separately for each balance type. We do this by applying the 
daily rate to the daily balance for each day in the billing cycle. A separate daily balance is calculated for the 
following balance types, as applicable: purchases, cash advances and balances subject to different interest 
rates, plans or special promotions. See below for how this works.

1.  How to get the daily balance: We take the starting balance each day, add any new charges and fees, 

and subtract any payments or credits. This gives us the daily balance.

We apply fees to balance types as follows:

(a) late payment fees or returned payment fees are treated as new purchases; 

(b) debt cancellation fees are added proportionately to each balance; 

(c) cash advance fees are added to the cash advance balance; and

(d) foreign transaction fees are added to the purchase balance.

2. How to get the daily interest amount: We multiply each daily balance by the daily rate that applies.

3. How to get the starting balance for the next day: We add the daily interest amount in step 2 to the daily 

balance from step 1.

4.  How  to  get  the  interest  charge  for  the  billing  cycle:  We  add  all  the  daily  interest  amounts  that  were 

charged during the billing cycle.

We charge a minimum of $2.00 of interest in any billing cycle in which you owe interest. This charge is added 
proportionately to each balance type.  

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How Fees Work

Cash Advance Fee

We will charge this fee for each cash advance you make. For ATM cash advances this fee is in addition to any 
fee the ATM owner may charge you for use of the ATM.

Foreign Transaction Fee

We will charge this fee for purchases or cash advances you make in currencies other than U.S. dollars and/or 
in a country other than the U.S., whether or not the transaction was in a foreign currency. 

If you make a transaction with your account in a currency other than U.S. dollars, Visa U.S.A. Inc. (“Visa”) will 
convert the transaction amount into U.S. dollars using its currency conversion procedure. Under the currency 
conversion procedure that Visa currently uses, the non-U.S. dollar transaction amount is converted into a U.S. 
dollar amount by multiplying the transaction amount in the non-U.S. dollar currency by a currency conversion 
rate. Currently, Visa operating regulations provide that the currency conversion rate is either (1) a rate selected 
by Visa from the range of rates available in wholesale currency markets for the applicable central processing 
date, which rate may vary from the rate Visa itself receives, or (2) the government-mandated rate in effect for 
the applicable central processing date. The currency conversion rate that is in effect on the central processing 
date may differ from the rate in effect on the transaction date or the posting date, and may be higher than the 
rate you could have gotten if you had converted U.S. dollars into the foreign currency.

Late Payment Fee

We will charge this fee if we do not receive the total minimum payment due on your account by 5 p.m. (ET) on 
the due date. This fee is equal to:

1. $29, if you have paid your total minimum payment due by the due date in each of the prior six billing cycles.

OR

2. $40, if you have failed to pay your total minimum payment due by the due date in any one or more of the 

prior six billing cycles.

The late payment fee will not be more than the total minimum payment that was due.

Returned Payment Fee

We will charge this fee if any check, other instrument, or electronic payment authorization you provide us in 
payment on your account, is not honored, returned unpaid or cannot be processed for any reason. This fee is 
equal to $29. The returned payment fee will not be more than the amount permitted by applicable law.

Minimum Payment Calculation

Your total minimum payment is calculated as follows.

The greater of:

1. $29, or $40 (which includes any past due amounts) if you have failed to pay the total minimum payment due by the due date in any one or more of the 

prior six billing cycles.

OR

2.  The sum of:

(a) Any past due amounts; PLUS

(b)  1% of your new balance shown on your billing statement (excluding any balance in connection with a special promotional purchase with a unique 

payment calculation); PLUS

(c) Any late payment fees charged in the current billing cycle; PLUS

(d) All interest charged in the current billing cycle; PLUS

(e) Any payment due in connection with a special promotional purchase with a unique payment calculation.

We round up to the next highest whole dollar in figuring your total minimum payment. Your total minimum payment will never be more than your new balance.

Special Promotional Financing Offer Information

At  times,  we  may  offer  you  special  financing  promotions  for  certain  transactions  (“special  promotions”).  The  terms  of  the  Agreement  apply  to  any  special 
promotion. However, any special promotional terms that are different than the terms in the Agreement will be explained on special promotional advertising or 
other disclosures provided to you. Below is a description of certain special promotions that may be offered:

•  No Interest if Paid in Full Within 12 Months

For this promotion, if the promotional balance is not paid in full within the promotional 
period, interest will be imposed from the date of purchase at the variable Purchase APR 
that applies to your account when the promotional purchase is made.

At the time your account is opened, the variable Purchase APR is 23.24%.

Your Purchase APR will vary with the market based on the prime rate.

When you make a qualifying purchase under this promotion, no interest will be assessed on the purchase if you pay the following (the “promotional balance”) in 
full within the promotional period: (1) the promotional purchase amount, and (2) any related optional credit insurance/debt cancellation charges. If you do not, 
interest will be assessed on the promotional balance from the date of the purchase. Minimum monthly payments are required. Regular account terms apply to 
non-promotional purchases and, after promotion ends, to promotional purchases. Offers are subject to credit approval. This promotional offer may not be available 
at all times for all purchases. Please see any special promotion advertising or other disclosures provided to you for the full terms of any special promotion offered. 

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SECTION III: STANDARD PROVISIONS  
NISSAN VISA CREDIT CARD ACCOUNT AGREEMENT

ABOUT THE CREDIT CARD ACCOUNT AGREEMENT

This Agreement. This is an Agreement between you and Synchrony Bank, 170 Election Road, Suite 125, Draper, UT 84020, for your credit card 
account shown above. By opening or using your account, you agree to the terms of the entire Agreement. The entire Agreement includes the four 
sections of this document and the application you submitted to us in connection with the account. These documents replace any other agreement 
relating to your account that you or we made earlier or at the same time.

Parties To This Agreement. This Agreement applies to each accountholder approved on the account and each of you is responsible for paying the 
full amount due, no matter which one uses the account. We may treat each of you as one accountholder and may refer to each of you as “you” or “your.” 
Synchrony Bank may be referred to as “we,” “us” or “our.”

Changes To This Agreement. We may change, add or delete terms of this Agreement, including interest rates, fees and charges.

Special Promotions. The terms of this Agreement apply to any special promotion. However, any special promotional terms that are different than the 
terms in this Agreement will be explained on promotional advertising or other disclosures provided to you.

HOW TO USE YOUR ACCOUNT/CARD

Use Of Your Account. You may use your account only for lawful personal, family or household purposes. You may use your account for purchases 
made at any Nissan or Infiniti retailer or from any merchant that accepts Visa credit cards. You may get cash advances as further explained below. You 
may not use your account to pay amounts you owe us on this account or any other account you have with us.

Cash Advances. We may offer you the opportunity to get a cash advance with convenience checks that we send you. We may not honor a convenience 
check for any reason stated on the check. You can also get cash or make a withdrawal from any institution or ATM that accepts the card or the account. 
In addition, we will treat any purchase of certain cash like items as cash advances. Cash like items include for example, money orders, cashier’s checks, 
traveler’s checks, electronic or wire transfers, foreign currency or other in-bank transactions, tax payments, lottery tickets or other legalized gambling 
transactions, court costs, bail bonds and fines.

You Promise To Pay. You promise to pay us for all amounts owed to us under this Agreement. 

Your Responsibility. Each accountholder will receive a card. You may not allow anyone else to use your account. If you do, or if you ask us to send a 
card to someone else, you will be responsible for paying for all charges resulting from their transactions.

Transaction Limits. To prevent fraud, we may limit the number or dollar amount of any type of transactions you can make in any particular amount of 
time. We also may decline any particular charge on your account for any reason.

Credit Limit. You will be assigned a credit limit and cash advance limit on your account that we may increase or decrease from time to time. If we 
approve a transaction that makes you go over your credit limit or your cash advance limit, we do not give up any rights under this Agreement and we 
do not treat it as an increase in either limit. 

HOW AND WHEN TO MAKE PAYMENTS

When Payments Are Due. You must pay at least the total minimum payment due on your account by 5 p.m. (ET) on the due date of each billing cycle. 
Payments received after 5 p.m. (ET) will be credited as of the next day. You may at any time pay, in whole or in part, the total unpaid balance without 
any additional charge for prepayment. If you have a balance subject to interest, earlier payment may reduce the amount of interest you will pay. We may 
delay making credit available on your account in the amount of your payment even though we will credit your payment when we receive it.

Payment Options. You can pay by mail or online. We may allow you to make payments over the phone but we will charge you a fee to make expedited 
phone payments. Your payment must be made in U.S. dollars by physical or electronic check, money order or a similar instrument from a bank located 
in the United States.

How To Make A Payment. You must follow the instructions for making payments provided on your billing statement. If you do not, credit of your 
payment may be delayed up to five days. Your billing statement also explains how information on your check is used.

Payment Allocation. We will apply the required total minimum payment to balances on your account using any method we choose. Any payment you 
make in excess of the required total minimum payment will be applied to higher APR balances before lower APR balances. Applicable law may require 
or permit us to apply excess payments in a different manner in certain situations, such as when your account has a certain type of special promotion.

INFORMATION ABOUT YOU 

Using And Sharing Your Information. When you applied for an account, you gave us and Nissan North America, Inc. information about yourself that 
we could share with each other. Nissan North America, Inc. will use the information in connection with the credit program and for things like creating 
and updating its records and offering you special benefits. More information about how we use and share information is set forth in the privacy policy 
for your account. 

Address/Phone Change. You represent that any phone number that you provide to us belongs to you and/or that you are authorized to provide that 
number. You also agree to tell us right away if you change your address or any phone number. 

Consent To Communications. You consent to us, as well as any other owner or servicer of your account, contacting you through any channel of 
communication and for any purpose, as permitted by applicable law. For informational, servicing, fraud, or collection related communications, you agree 
that we may use the phone numbers that you provide to us to contact your cellular phone or wireless device with text messages, artificial or prerecorded 
voice calls, and calls made by an automatic telephone dialing system. Text frequency may vary and may be recurring.  This consent applies even if 
you are charged for the call under your plan. You are responsible for any charges that may be billed to you by your communications carrier when we 
contact you. Message and data rates may vary.  We and any carrier are not liable for delayed or undelivered messages.  If you have questions, please 
call the number on the back of your card.

Telephone Monitoring. For quality control, you allow us to listen to and/or record telephone calls between you and us.

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IMPORTANT INFORMATION ABOUT YOUR ACCOUNT 

Closing Your Account. You may close your account at any time by sending a letter to the address shown on your billing statement or calling customer 
service. We may close your account at any time, for any reason. If your account is closed, you must stop using it. You must still pay the full amount you 
owe and this Agreement will remain in effect until you do.

Collection Costs. If we ask an attorney who is not our salaried employee to collect your account, we may charge you our collection costs. These 
include court costs and reasonable attorneys’ fees.

Credit Bureau Reporting. We may report information about your account to credit bureaus. Late payments, missed payments, or other defaults on 
your account may be shown in your credit report. Tell us if you think we reported wrong information about you to a credit bureau. Write to us at P.O. Box 
965015, Orlando, FL 32896-5015. Tell us what information is wrong and why you think it is wrong. If you have a copy of the credit report that includes 
the wrong information, send us a copy. 

Default. You are in default if you make a late payment, do not follow any other term of this Agreement or become bankrupt or insolvent. If you default 
or upon your death, we may (a) request payment of the full amount due right away, (b) take legal action to collect the amounts owed, and/or (c) take any 
other action allowed. 

Disputed Amounts. The billing rights summary in section IV of this Agreement describes what to do if you think there is a mistake on 
your bill. If you send us correspondence about a disputed amount or payment, you must send it to the address for billing inquiries. We 
do not give up any rights under this Agreement if we accept a payment marked “payment in full” or given with any other conditions or 
limitations.

Unauthorized Use. If your card is lost, stolen or used without your consent, call us immediately at 1-866-406-8451. You will not be liable for unauthorized 
use on your account, but you will be responsible for all use by anyone you give your card to or allow to use your account.

IMPORTANT INFORMATION ABOUT THIS AGREEMENT 

Assignment. We may sell, assign or transfer any or all of our rights or duties under this Agreement or your account, including our rights to payments. 
We do not have to give you prior notice of such action. You may not sell, assign or transfer any of your rights or duties under this Agreement or your 
account.

Enforceability. If any part of this Agreement is found to be void or unenforceable, all other parts of this Agreement will still apply.

Governing Law. Except as provided in the Resolving a Dispute with Arbitration section, this Agreement and your account are governed by federal law 
and, to the extent state law applies, the laws of Utah without regard to its conflicts of law principles. This Agreement has been accepted by us in Utah.

Waiver. We may give up some of our rights under this Agreement. If we give up any of our rights in one situation, we do not give up the same right in 
another situation.

RESOLVING A DISPUTE WITH ARBITRATION 

PLEASE  READ  THIS  SECTION  CAREFULLY.  IF  YOU  DO  NOT  REJECT  IT,  THIS  SECTION  WILL  APPLY  TO  YOUR  ACCOUNT,  AND  MOST 
DISPUTES BETWEEN YOU AND US WILL BE SUBJECT TO INDIVIDUAL ARBITRATION. THIS MEANS THAT: (1) NEITHER A COURT NOR A 
JURY WILL RESOLVE ANY SUCH DISPUTE; (2) YOU WILL NOT BE ABLE TO PARTICIPATE IN A CLASS ACTION OR SIMILAR PROCEEDING; 
(3) LESS INFORMATION WILL BE AVAILABLE; AND (4) APPEAL RIGHTS WILL BE LIMITED.

1. CLAIMS AND PARTIES. If either you or we make a demand for arbitration, you and we must arbitrate any dispute or claim between you (including 
any other user of your account), and us (including our parents, affiliates, agents, employees, officers, and assignees) that directly or indirectly arises 
from or relates to your account, your account Agreement or our relationship, except as noted below. In addition, Nissan North America, Inc. and/or 
any assignee, agent, or service provider of ours that collects amounts due on your account are intended beneficiaries of this Arbitration section and 
may enforce it in full (notwithstanding any state law to the contrary).

2. This Arbitration section broadly covers claims based upon contract, tort, consumer rights, fraud and other intentional torts, negligence, constitution, 
statute, regulation, ordinance, common law and equity and claims for money damages and injunctive or declaratory relief, even if they arose before 
this section took effect. You may not sell, assign or transfer a claim. 

3. Examples of claims subject to arbitration are disputes about an account transaction, fees, charges or interest, the events leading up to the Agreement 
(such as any disclosures, advertisements, promotions or oral or written statements, warranties or representations made by us), an application for or 
denial of credit, any product or service provided by us or third parties in connection with the Agreement, credit reporting, benefit programs related to 
your account including any reward program, the collection of amounts due by our assignees, service providers, or agents and the manner of collection.

4. However, we will not require you to arbitrate any individual case in small claims court or your state’s equivalent court, so long as it remains an individual 
case in that court. Also, even if all parties have opted to litigate a claim in court, you or we may elect arbitration with respect to any claim made by a new 
party or any claim later asserted by a party in any related or unrelated lawsuit, including modifying an individual claim to assert a class, representative or 
multi-party claim. Arbitration may be requested at any time, even where there is a pending lawsuit, unless a trial has begun, or a final judgment entered. 

5. Only a court will decide disputes about the validity, enforceability, coverage or scope of this Arbitration section or any part thereof. However, any 

dispute that concerns the validity or enforceability of the Agreement as a whole is for the arbitrator to decide.

6. NO  CLASS  ACTIONS.    IF  EITHER  YOU  OR  WE  ELECT  TO  ARBITRATE  A  CLAIM,  NEITHER  YOU  NOR  WE  WILL  HAVE  THE  RIGHT  (A)  TO 
PARTICIPATE  IN  A  CLASS  ACTION,  PRIVATE  ATTORNEY  GENERAL  ACTION  OR  OTHER  REPRESENTATIVE  ACTION  IN  COURT  OR  IN 
ARBITRATION, EITHER AS A CLASS REPRESENTATIVE OR CLASS MEMBER, OR (B) TO JOIN OR CONSOLIDATE CLAIMS WITH CLAIMS OF ANY 
OTHER PERSONS EXCEPT ACCOUNTHOLDERS ON YOUR ACCOUNT. THUS, YOU MAY NOT BRING CLAIMS AGAINST US ON BEHALF OF ANY 
ACCOUNTHOLDER WHO IS NOT AN ACCOUNTHOLDER ON YOUR ACCOUNT, AND YOU AGREE THAT ONLY ACCOUNTHOLDERS ON YOUR 
ACCOUNT MAY BE JOINED IN A SINGLE ARBITRATION WITH ANY CLAIM YOU HAVE. 

7. PROCEDURES. The party who wants to arbitrate must notify the other party in writing. This notice can be given after the beginning of a lawsuit or in 
papers filed in the lawsuit. Otherwise, your notice must be sent to Synchrony Bank, Legal Operation, P.O. Box 29110, Shawnee Mission, KS 66201-
5320, ATTN: ARBITRATION DEMAND. The party seeking arbitration must select either the American Arbitration Association (AAA), 120 Broadway, 
Floor 21, New York, NY 10271, www.adr.org, or JAMS, 620 Eighth Avenue, 34th Floor, New York, NY 10018, www.jamsadr.com, to administer the 
arbitration. If neither administrator can handle the dispute, a court with jurisdiction will appoint an arbitrator.

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8. The arbitration administrator will appoint the arbitrator and will tell the parties what to do next. The arbitrator must be a lawyer with at least ten years 
of legal experience. The arbitrator must apply the same law, consistent with the Federal Arbitration Act (FAA), that would apply to an individual action 
in court, but may use different procedural rules. The arbitrator will apply the same statutes of limitation and privileges that a court would apply if the 
matter were pending in court. 

9. The arbitrator may award any damages or other relief or remedies that would apply under applicable law to an individual action brought in court, 
including,  without  limitation,  punitive  damages  (governed  by  the  Constitutional  standards  employed  by  the  courts)  and  injunctive,  equitable  and 
declaratory relief (but only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s 
individual claim). The parties will bear the fees and costs of their attorneys, witnesses and experts. However, the arbitrator will have the authority to 
award fees and costs of attorneys, witnesses and experts to the extent permitted by the Agreement, the administrator’s rules or applicable law.

10. The arbitration will take place by phone or at a location reasonably convenient to you. If you ask, we will pay all the fees the administrator or arbitrator 
charges if you cannot obtain a waiver of fees from the administrator and are acting in good faith. We will always pay arbitration costs required by the 
administrator’s rules or that are necessary for this Arbitration section to be enforced.

11. GOVERNING LAW. This Arbitration section is governed by the FAA. Utah law shall apply to the extent state law is relevant under the FAA, unless 
otherwise stated herein. The arbitrator’s award will be final and binding, except for any appeal right under the FAA. Any court with jurisdiction may 
enter judgment upon the arbitrator’s award. The arbitration award and any judgment confirming it will apply only to the specific case and cannot be 
used in any other case except to enforce the award. 

12. SURVIVAL. This Arbitration section shall survive the repayment of all amounts owed, the termination, cancellation or suspension of the Agreement 
or your account or credit privileges, any legal proceeding, and any bankruptcy by you, to the extent consistent with applicable bankruptcy law. If this 
Arbitration section conflicts with the applicable arbitration rules or the other provisions of the Agreement, this Arbitration section shall govern. 

13. SEVERABILITY. If any portion of this Arbitration section is held to be invalid or unenforceable, the remaining portions shall nevertheless remain in 
force with the following two exceptions. First, if a determination is made that the “No Class Actions” provision is unenforceable, and that determination 
is not reversed on appeal, then this Arbitration section shall be void in its entirety. Second, if a court determines that a public injunctive relief claim may 
proceed notwithstanding the “No Class Actions” provision, and that determination is not reversed on appeal, then the public injunctive relief claim will 
be decided by a court, and any individual claims will be arbitrated. The parties will ask the court to stay the public injunctive relief claim until the other 
claims have been finally concluded.

14. HOW TO REJECT ARBITRATION. You may reject this Arbitration section. If you do that, a court will resolve any dispute or claim. To reject this 
section, send us a notice within 45 days after you open your account or we first provided you with your right to reject this section. The notice must 
include your name, address, account number, and personal signature, and must be mailed to Synchrony Bank, P.O. Box 965012, Orlando, FL 32896-
5012. This is the only way you can reject this section. Rejecting this Arbitration section will not affect any other provision of the Agreement. It will also 
not affect any prior arbitration agreement or dispute resolution provision between you and us, which will remain in full force and effect. If you don’t 
reject this Arbitration section, it will be effective as of the date of the Agreement and will supersede any prior arbitration agreement between you and 
us that would otherwise be applicable.

SECTION IV: OTHER IMPORTANT INFORMATION 
NISSAN VISA CREDIT CARD ACCOUNT AGREEMENT

This section of the agreement includes state notices, billing rights summary and rewards terms (if applicable) and is not required to be provided as part of the  
credit card agreement posted online or provided to the CFPB.

FR833282333 NISSAN® VISA® CREDIT CARD
T&C DC PDF WF2171020Y
6/2020

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