Current Accounts Terms & Conditions PostOfficeMoney.co.uk Personal Current Account Terms and Conditions These personal current account terms and conditions (referred to as the “Terms & Conditions”) apply to the Packaged Account, Standard Account and Control Account and include the General Conditions and the Special Conditions set out below. “Business Day” means any day from Monday to Friday excluding Bank Holidays (English Bank Holidays to apply in England and Wales; Scottish Bank Holidays to apply in Scotland; Northern Irish Bank Holidays to apply in Northern Ireland); For your own benefit and protection, you should read these Terms & Conditions carefully before completing the application form. If you do not understand any point, please ask us for further information. “Card” refers to either or both of the following cards that may be used with an Account: a Bank of Ireland (UK) Cash Card; or a Maestro Card and includes any replacement cards we issue you; You might also want to retain a copy of these Terms & Conditions in case you need to refer to them later. Additional copies are available on request. “Chip” means an integrated circuit embedded in a Card; These Terms & Conditions are broken down into the following sections: •Glossary; • Special Conditions; and • General Conditions. Glossary 1.1Some words in these Terms & Conditions have certain meanings: “Account” means the Post Office Money personal current account held by us in your name, which may be a Packaged Account, a Standard Account or a Control Account (as the case may be); “Account Holder” means the individual(s) in whose name(s) the Account is held; “Account Number” means the 8 digit number that identifies the Account; “Agreement” means the agreement between you and us which includes these Terms & Conditions; “ATM” means an Automated Teller Machine, which is a cash dispenser at which you can access services and money using the Card and PIN; “Bank of Ireland (UK)” means Bank of Ireland (UK) plc, a company incorporated in England and Wales under Company No. 7022885 whose registered office is at Bow Bells House, 1 Bread Street, London EC4M 9BE. “Control Account” means an Account to which Special Conditions C1 to C3 apply; 2 “Credit Intermediary” means Post Office Limited whose registered office is at 148 Old Street, London, EC1V 9HQ. After 22nd March 2015, Post Office Limited will have its registered office address at Finsbury Dials, 20 Finsbury Street, London, EC2Y 9AQ. (Company No. 02154540); “Credit Reference Agency” means Experian Limited and/or Equifax Europe (UK) Limited and/or Callcredit Information Group Limited; “Cut-off Time” means the latest point in time during any Business Day when we can receive and process Payment Orders. The Cut-off Time will vary for each type of Payment Order used and may change from time to time. The current Cut-off Times for the Account are set out in the Transaction Information Box; “ECCI” means the European Consumer Credit Information form; “General Conditions” means the terms and conditions set out in Part 2 of these Terms & Conditions (as may be amended by us from time to time); “Mandate” means the written form of authority given by you authorising us to accept and act on your instructions and to carry out transactions on your Account (as may be amended by you from time to time); “MasterCard Exchange Rate” means the exchange rate set by MasterCard from time to time, as shown, where applicable, on your statement; “Normal Working Hours” means the hours between 9am and 5pm on a Business Day; “Packaged Account” means an Account to which Special Conditions A1 to A5 apply; “Payment Order” means any instruction requesting the execution of a payment transaction on your Account; “Payment Services Conditions” means the terms and conditions to which Special Conditions D1 to D24 apply; “PIN” means the personal identification number issued to you which is generally required at the point of sale, including at an ATM in order to authorise a transaction; “Reference Exchange Rate” is the exchange rate used as the basis to calculate currency change which may be the MasterCard Exchange Rate or other such rates that we set and notify you of; “Reference Interest Rate” is the interest rate used as the basis for calculating any interest to be applied, which is currently the Bank of England base rate; “Special Conditions” means the terms and conditions set out in Part 1 of these Terms & Conditions (as may be amended by us from time to time); “Standard Account” means an Account to which Special Conditions B1 to B2 apply; “Transaction Information Box” means the summary box of information which details the full range of payment transactions that apply to the Accounts which can be found in your “Guide to Personal Banking”; “Unique Identifier” means the information we require from you in order to initiate payment transactions on your Account (including, without limitation, the IBAN, Bank Identifier Codes (BIC), Account Number and sort code). 1.2Any reference to “you” or “your” in these Terms & Conditions means the Account Holder whether on your own or jointly with others. If the Account is in joint names, the reference to “you” or “your” includes each of you together and separately. 1.3 Except in relation to ‘Data protection - using your information’ any reference to “we” in these Terms & Conditions means Bank of Ireland (UK), and references to “us” and “our” shall be construed accordingly. Such references will also include our successors in title and permitted assigns and transferees. If any term in these Terms & Conditions is or becomes invalid, illegal or unenforceable, then that term will be treated as if it were not included, and the remaining terms will still apply. Important note for Control Account holders: Please be aware that not all of these Terms & Conditions will apply to your Account, for example, those that apply to: •Overdrafts; • Maestro Cards; • Cheques and chequebooks. Where such terms do not apply to your Account, we have endeavoured to make this as clear as possible. Part 1. Special Conditions These Special Conditions apply separately to the Packaged Account, Standard Account and Control Account. Packaged Account Special Conditions A1- A5 apply to the Packaged Account only. A1. You must make a minimum initial deposit of £100 in order to open the Packaged Account. A2. A monthly fee is applicable to the Packaged Account in exchange for a package of benefits. A3. We may vary the fee and/or the benefits at any time for one or more of the following reasons: to reflect changes to the products that make up the package, for instance adding or replacing products; to reflect changes in market conditions or banking practices; to reflect alterations in the costs of maintaining the Packaged Account; to comply with legal or regulatory requirements including recommendations or codes of practice, to accommodate changes in technology; to introduce a new service or improve the service we already offer you, to correct any errors, to make the terms of this Agreement clearer or more favourable to you, or for any other valid economic, business, regulatory or legislative reason. Any variations will be communicated to you in accordance with relevant legislation, details of which can be found in the General Conditions. A4. An overdraft may be made available to customers who have a permanent address in the UK. All credit facilities are subject to our usual lending criteria. A5. These Terms & Conditions are separate from any terms and conditions relating to the package of benefits you may have with any third party providers. Standard Account Special Conditions B1- B2 apply to the Standard Account only. B1. You must make a minimum initial deposit of £100 in order to open the Standard Account. B2. An overdraft may be made available to customers who have a permanent address in the UK. All credit facilities are subject to our usual lending criteria. 3 Control Account Special Conditions C1-C3 apply to the Control Account only. C1. You must make a minimum initial deposit of £20 in order to open the Control Account. C2. A monthly fee is applicable to the Control Account. We may vary the fee at any time for one or more of the following reasons: to reflect changes in market conditions or banking practices; to reflect alterations in the costs of maintaining the Control Account; to comply with legal or regulatory requirements including recommendations or codes of practice, to accommodate changes in technology; to introduce a new service or improve the service we already offer you, to correct any errors, to make the terms of this Agreement clearer or more favourable to you, or for any other valid economic, business, regulatory or legislative reason. Any variations will be communicated to you in accordance with relevant legislation, details of which can be found in the General Conditions. C3. You must not allow the Control Account to become overdrawn. No credit facility will be provided by us on any Control Account at any time. The Payment Services Conditions apply to all Accounts Payment Services Special conditions D1-D24 apply exlusively to the provision of payment services and regulate the execution of individual and successive payment transactions on your Account. In the event of any conflict or inconsistency between the Special Conditions and the General Conditions, the Special Conditions shall prevail. General Information D1. Bank of Ireland (UK) is the provider of payment services in relation to your Account. We have outlined below the main characteristics for each type of payment service we offer for the Account but, if you have a query about any payment services we offer, please call our Customer Service Centre on 0845 266 8977 for further information. D2. The full range of debit and credit transactions available on the Account (together with further details relating to each type of transaction) is set out in the Transaction Information Box. If you want an additional paper copy of the Transaction Information Box, you can request a copy by calling our Customer Service Centre on 0845 266 8977. D3. It is important that your contact details are correct and kept up-to-date. Therefore, if you change your correspondence address, telephone numbers or other 4 contact details that you have given us, you must notify us as soon as possible by calling our Customer Service Centre on 0845 266 8977. Failure to do so may mean that we are unable to provide you with information regarding the operation of your Account or any transactions carried out on it. Payment transactions D4. You should refer to the Transaction Information Box to see which types of payment transaction you may carry out on your Account. No other forms of payment transactions are permitted on your Account. D5. In respect of credit payments into your Account, the Account will be credited with the amount of any such payment on the same Business Day as the payment is received by us, save where the date of receipt is not a Business Day in which circumstances the Account will be credited on the next Business Day. D6. Once we have accepted your instruction to make a payment from your Account, you will not be able to cancel it once the payment has left your Account. You may be able to cancel your instruction to make a payment from your Account provided you tell us before the relevant Cut-off Time. D7. We may decline any transactions on your Account. If a transaction is declined, you will be informed at the time of the transaction and, where possible, you will be given the reasons for declining the transaction. If it is not possible to give you reasons for declining the transaction at the time, you can call the Customer Service Centre on 0845 266 8977 and we will explain to you why the transaction was declined. However, we reserve the right to withhold this information from you where its disclosure would put us in breach of a legal or regulatory requirement which applies to us or would otherwise compromise the security of your Account or those of our other customers. D8. If we, or our agents, debit or credit an amount to your Account in error, you acknowledge and agree that: (i) we may make any necessary correcting entry without having to seek your prior approval; and (ii) our total liability to you in respect of any such error shall be to remedy the error and restore the Account to the state it would have been in had the transaction not been made. Payment Orders D9. Where we receive a Payment Order: •before the Cut-off Time on any Business Day, we will treat your instruction as being received by us on the same Business Day; •after the Cut-off Time on any Business Day, we will treat your instruction as being received by us on the next Business Day; •out of normal Working Hours, we will treat your instruction as being received by us on the next Business Day. D10. For the purposes of this provision, we will be deemed to have received a Payment Order when we hold a properly authorised form of instruction from you and, in the case of outgoing payments, you have provided us with the relevant Unique Identifier. You acknowledge and agree that we will not be able to process any transaction in the absence of the relevant Unique Identifier. D11. You are responsible for ensuring the correctness and accuracy of all Payment Orders for any outgoing payments on your Account and you acknowledge that we are under no obligation to check whether the Unique Identifier or other information provided with a Payment Order is correct. D12. All payments you instruct us to make from your Account will be credited to the beneficiary bank within one Business Day following the date of receipt of the Payment Order. Please refer to the Transaction Information Box for further details. D13. Any incoming payment to your Account (whether made by you or a third party) is determined by us solely on the basis of the Account Number accompanying the payment. Where the Account Number is incorrectly stated on a Payment Order, we will take reasonable steps to recover the payment but you acknowledge that we shall have no liability for the non-execution of the payment to the Account. • we consider that our business reputation may be significantly compromised. Where we refuse to process a Payment Order for any reason, we will notify you. We may do this in a variety of ways depending on the nature of your Account and type of payment: • Card transactions – by displaying a message on the ATM or other point of sale payment terminal immediately; • Cheques - details will be notified to you on the Charges Summary statement that you receive when a cheque has been returned unpaid. Related charges will be displayed on your bank statement; • Direct Debits and standing orders – by displaying related charges on your bank statement and by written notice; • For other payment types (e.g. telegraphic transfers) – by contacting you directly to advise you that the payment request has been refused. You may request details of any unpaid item(s), the associated charge(s) and our reason(s) for refusing to make the payment by contacting us on 0845 266 8977. •your instructions are unclear, incorrect, incomplete or are not in the required form (e.g. you do not tell us the sort code, Account Number or any other information that we need to process the transaction); •your instructions are not authorised in accordance with the Mandate; D15. The way in which you must authorise individual payment transactions on your Account is detailed within the relevant section of the Transaction Information Box. In order to protect your Account, we have designed various security procedures for use in connection with certain types of payment transactions which you must complete in order to authorise these payment transactions. Where security procedures apply, you will be told what the relevant security procedures are when you instruct us to carry out a payment transaction. If a payment transaction is authorised in accordance with the relevant security procedures you will, in the absence of any evidence to the contrary, be liable for any such transactions. We may change our security procedures from time to time but, if we do this, you will be notified in advance. •we suspect fraudulent or other unlawful activity; Disputed transactions •you have insufficient available funds in your Account. Please see the “Personal current account charges explained” brochure for the current charges applicable to overdraft charges (relevant to Standard and Packaged Accounts only); D16. If at any time you become aware of: •to do so would put us in breach of a legal or regulatory requirement; •a transaction on your Account that has not been correctly executed (for instance, if the amount of a cash withdrawal on your Account is wrong); or •a transaction on your Account that has not been authorised by you; you must in each case notify us without undue delay by calling our Customer Service Centre on 0845 266 8977 so we can investigate the transaction for you. D14. We may refuse to act on any (incoming or outgoing) Payment Order where: • you are in breach of your Agreement; • we believe there is any significant adverse change in your financial circumstances; 5 D17. The sooner you notify us and the more information you can provide about the transaction, the quicker we will be able to determine whether the transaction was in fact unauthorised or executed incorrectly. In some cases, we may ask you to put your query in writing. Failure to notify us promptly may mean that you are not entitled to a refund from us or other form of redress. given to you at least four weeks before the due date by the payee or their bank. If there is an insufficient balance on your Account to debit the amount of any refunds paid to you in circumstances where you are not entitled to a refund, we reserve the right to take all reasonable steps (including legal proceedings) to recover from you the amount of any such refunds together with any reasonable fees, charges or expenses that we have incurred. D18. Once you have notified us of an alleged unauthorised or incorrectly executed transaction on your Account, we will promptly investigate your claim. In some cases, we may ask you to give us further information about the transaction (for instance, to enable us confirm that the transaction was properly authenticated) or cooperate with the police or other enforcement bodies. D23. Where you authorise a payment transaction but do not specify the exact amount of such transaction, and the amount of the payment transaction exceeds the amount that you reasonably expected, we may make a refund providing you have requested such refund within 8 weeks of the funds being debited. D19. Where it is established that the transaction was not authorised by you, we will (subject to Special Conditions D21 and D22 below) refund the full amount of the transaction and, if applicable, restore the Account to the state it would have been in had the unauthorised transaction not taken place. However, if the unauthorised transaction arises from the loss or theft of a Card or misappropriation of security information, you will be liable up to a limit of £50 provided that you have not acted fraudulently or failed with intent or gross negligence to protect the security of your Account, in which case you may be liable for all losses. Unless you’ve acted fraudulently, if someone uses your Card details to make a payment over the phone or online without your permission, you will not have to pay anything. You will not be liable for losses on the Card once we have been told of the loss or theft of the Card. D24. In the case of any dispute between you and us regarding a transaction, the books and records kept by, or on behalf of, us (whether kept on paper, microfilm, by electronic recording or otherwise) shall, in the absence of manifest error, constitute sufficient evidence of any facts or events relied on by us in connection with any matter or dealing relating to the transaction. Part 2. General Conditions Opening the Account 1. The Account is only available to personal customers aged 18 years or over and who are resident in the UK. 2. We will require proof of your identity before the Account is opened to comply with our legal duties. 3. If you are not happy about your choice of Account, you may cancel it within 14 days beginning with whichever is the latest of the following: •the day after the day on which the Agreement is entered into; D20. Where it is established that the transaction was incorrectly executed by us, we will (subject to Special Condition D21 below) refund the full amount of the transaction and, if applicable, restore the Account to the state it would have been in had the transaction not taken place. •the day after the day on which you first receive notification of your overdraft limit (relevant to Standard and Packaged Accounts only); •the day after the day on which you receive your ECCI (relevant to Standard and Packaged Accounts only) and these Terms & Conditions; D21. You may not be entitled to a refund from us in respect of unauthorised or incorrectly executed transactions on your Account of which we are notified more than 13 months after the debit date of the transaction. •the day after the day on which you receive your written Agreement/these Terms & Conditions. D22. We reserve the right to debit from your Account the amount of any refunds (if any) paid to you where, upon further investigation, it is subsequently established that you are not entitled to a refund. There is no right to a refund where consent for a transaction has been given directly to us (for example, a direct debit), or where information on the payment transaction was 6 We will help you switch to another of our Accounts or we will give all your money back. To do this no notice will be required and no charge is payable. To cancel your account within the 14-day cooling-off period you should write to us at: Post Office Money Current Accounts PO Box 541 Welwyn Garden City AL7 9LE 4. We reserve the right not to open an Account and will comply with all relevant legislative requirements in communicating this decision to you. 5. We reserve the right to refuse a deposit without giving you any reason for our decision. 6. Your Agreement is in English and all communications issued under or in connection with it will be in English. You and we may communicate in writing, by telephone, in person at any Post Office branch or by using our online banking service. You may request a copy of your Agreement at any time during its course. 7. Your Agreement and any dealings with you prior to any agreement being made shall be governed by and interpreted in accordance with Northern Irish law if you are ordinarily resident in Northern Ireland, by Scottish law if you are ordinarily resident in Scotland or English law if you are resident anywhere else. 8. We may transfer to any other person any or all of our rights under this Agreement or our duties. You will be informed of any such transfer as soon as reasonably possible unless there are no changes to the way in which your Account will be serviced. If after any such transfer, the arrangements for servicing your Account do change, you will be informed on or before the first occasion that they do. Your legal rights will not be affected and your obligations will not be increased as a result. You may not transfer any of your rights or duties under this Agreement. Joint Accounts 9. We will only accept one registered address for the Account (this will be the address of the first applicant as stated on the application form). 10. Where the Account is in the name of two personal customers (we allow a maximum of two Account Holders per Account), these Terms & Conditions shall apply to you both jointly and severally (that is, both individually and together) and you acknowledge that you will be jointly and severally liable for any obligations, duties or liabilities under, or in connection with, the Agreement. 11. If any Account Holder ceases to be a party to the Account (except in the case of a deceased party), the Account will be closed and a new Account opened in the name of the remaining party. We will only allow this following written notification from all Account Holders. 12. Where, for any reason, the first named Account Holder ceases to be a party to the Account, the Account will be closed and any credit balance in the Account, will be paid to the remaining Account Holder. 13. We will accept and may act on the instructions of either one of you and the signature of any one Account Holder will be sufficient for the withdrawal of the balance from the Account. 14. If one of you dies, the Account will automatically belong to the surviving Account Holder. 15. Each of you will be equally entitled to all the money in the Account and we will not be concerned as to division of the money between you. 16. If we have reason to believe that there is a dispute between you as to the ownership of the money in the Account we may freeze the Account until we are notified in writing by all Account Holders that the dispute has been resolved. Third party authority 17. You agree not to give anyone else authority over your Account except under an Enduring Power of Attorney or a Property and Financial Affairs Lasting Power of Attorney that is registered with the Court of Protection. Only in exceptional circumstances will we accept other forms of Power of Attorney, Enduring or Lasting Power of Attorney or third party authority to operate the Account. You must send the original copy of the Enduring Power of Attorney or Property and Financial Affairs Lasting Power of Attorney documents to us. Both applicants (Donor and Representative) will be subject to our standard checks to confirm your identity and address as stated in these Terms & Conditions. Withdrawals 18. All withdrawals should be made against cleared balances. This means that if you pay a cheque into the Account, you should not withdraw the value of the cheque until it has cleared. If you do make a withdrawal before the funds have cleared you should note that the value of the cheque will be debited from your Account if the cheque is subsequently returned unpaid. In this instance you may be charged interest if an overdraft is used or created on your Account. Please refer to our “Personal current account charges explained” brochure for details of the overdraft interest applicable to your Account.” 19. We may require proof of identity before allowing withdrawals from the Account. Interest 20. Overdraft interest is calculated on a daily basis on the cleared debit balance and at the rate of interest applicable to the Account. Interest will be debited from the Account monthly. The overdraft interest 7 rate on your Account will reflect changes in the Reference Interest Rate and will normally change within one working day of the relevant Bank of England announcement. 21. If you make payments from your Account when there is not enough money in it and there is no arranged overdraft to cover the payments, we will charge interest on the informal overdraft amount at the same interest rate as for your arranged overdraft (please refer to our ‘Personal current account charges explained’ brochure for the latest rates). If you are a Control Account Holder and you make payments from your Account when there is not enough money in it, we will charge interest at 0%. 22. The rates of interest applicable to the Account can be obtained: • by visiting a participating Post Office branch •by visiting our website (www.postoffice.co.uk/currentaccounts); • by calling us on 0845 266 8977 Alternatively current interest and Reference Interest Rates can be found in the application pack in the ECCI. 23. Interest rates are variable. A variable interest rate may be changed immediately under conditions set out in the “Changes” section below if the change is to your advantage or if there is a change to the Reference Interest Rate and notified to you in the information which comes with your statement. If the change is to your disadvantage and it is not a change to a Reference Interest Rate then we will give you notice set out in the “Changes” section below. 24. We may increase or reduce our interest rates for any one or more of the following reasons: •to reflect any change in our cost of funds, for example, caused by any change in market interest rates or by other factors outside our control; •to reflect any change in the interest rates which other banks charge in the UK; •to ensure that the amount we receive from customers will enable us to maintain a prudent level of reserves and/or to meet any regulatory requirements that apply to us; •to ensure that the amount we receive from customers will enable us to maintain the longterm sustainability of our business in the UK; •to reflect a change in the law, or in any code of practice which applies to us, or a decision or recommendation by a court, ombudsman or regulator. 8 25. To notify you of any change to the interest rate on the Account we will: • update our website; •update information provided through our helpline; •put notices in participating Post Office branches and selected newspapers, unless all affected customers have been personally notified; •for changes other than those that result from a change in the Reference Interest Rate we may also send you written notification. To help you compare rates more easily, our notices will clearly show the old and the new rates. Charges 26. We may apply charges for work carried out, or for services supplied, by us in connection with your Account. These charges will be debited to the Account when the work or service is provided. 27. Full details of our current Account and, where applicable, overdraft charges are available in our “Personal current account charges explained” brochure which is available on our website. If we intend to increase any of the charges which apply to the day-today running of your Account we will notify you by writing to you at least two months before making the change. 28. If you ask us to provide an extra service then we will tell you about the charge payable when you request that service. Overdraft facilities (relevant to Standard and Packaged Accounts only) 29. The Account must not be overdrawn without our prior agreement. Where an overdraft has been granted the Account must be operated within the overdraft limit. An overdraft facility is granted at our discretion. It may be withdrawn by us with immediate effect and you must put the Account in credit within thirty days. 30. The Account must not be used for business purposes. 31. Before we agree to significantly increase your overdraft limit we will assess your credit profile on the basis of either or both our own database and those of the Credit Reference Agencies. 32. The payment by us of any debit item that has the effect of creating an unauthorised debit balance or increasing the debit balance of the Account in excess of the authorised limit will not subsequently commit us to paying any further items up to this amount. Termination and restriction •we suspect fraud or other criminal activity; 33. In certain circumstances, we may take such steps as are reasonably necessary to restrict any of your rights to use the Account or to suspend use of or cancel your right to use the Card, password and/or PIN. •you are in material or persistent breach of these Terms & Conditions; 34. If we stop the use of your Card, password and/ or PIN we will inform you immediately after doing so and will give you our reason for doing so unless this would, or would be likely to, prejudice the prevention or detection of crime, the apprehension or prosecution of offenders, or the administration of justice. Reasons may include: •any information provided by you to us is inaccurate or misleading; •where we have reasonable grounds to believe that there is a significantly increased risk that you are getting into, or are in financial difficulties, or are or may become bankrupt or subject to a voluntary arrangement or are unable to fulfil your obligations to repay your overdraft; •we have reasonable grounds to suspect unauthorised use of the Card, fraud, theft or dishonesty; •we have good reason such as a change in your credit profile; or •we have any legal, regulatory or other objectively justifiable reason. 35. In addition, for Standard and Packaged Accounts, where you have breached these Terms & Conditions or those relating to any other product or service we provide, we may restrict use of your overdraft without notice. 36. We will reinstate the Card or provide a replacement as soon as is practicable after the reason for stopping the use of the Card has ceased to exist. 37. You may close the Account by giving notice in writing to us but such termination shall be effective only when you either return to us any Card sent to you (which should be cut in half, through the Chip if applicable) or write to us stating that you will not use and will destroy your card(s) by the requested closure date and when you have paid all that is owed to us. 38. Your Agreement with us will continue until it is terminated by you or by us. You may close your Account at any time. If we close your Account, we will give you at least two months’ notice unless we close your Account in accordance with General Conditions 39 or 40. 39. We may close your Account by giving you at least 30 days’ notice if you are in breach of your Agreement. 40. We may close your Account immediately if: •we are required to do so by law, court order or other regulations; •the Account is being used for a purpose that could reasonably be expected to give rise to a material reputational risk for us, and we notify you upon exercising our right of termination under this sub-clause. 41. If another person (other than another Account Holder) makes a claim for any funds in the Account, or if we know or believe that there is a dispute involving someone else about who owns or control funds in the Account, we may: •put a hold on the Account and refuse to pay out any funds until we are satisfied that the dispute has ended; •send the funds to the person who we have good reason to believe is legally entitled to them; • apply for a court order; or • take any action we feel is necessary to protect us. If we have acted reasonably, we will not be liable to you for taking any of these steps. Changes 42. We may vary, amend or add to these Terms & Conditions at any time to: comply with a change in the law or regulatory requirements; to ensure our business is carried on prudently, efficiently and competitively; or to reflect good banking practice or product development. 43. Any changes to interest and exchange rates based on Reference Interest Rate or Reference Exchange Rate information already provided to you, may take effect immediately and be notified to you in the information which comes with your statement. 44. All changes will be notified to you at least two months before they take effect. We will ignore any notice period on your Account for up to sixty days starting from the date of the notice so that you can, if you wish, switch your Account or close it. Such changes will be deemed to be accepted by you unless you advise us to the contrary. You have the right to terminate your Agreement with us immediately, without charge, before such changes take effect. If you wish to do this, please contact us in writing. 9 45. We will tell you about any changes to your Terms & Conditions by any of the following means: (d)not allow anyone else to use your Card or PIN or password relating to your Account; and • Advertising in the press; (e)if you change your PIN, you should choose your new PIN carefully; and •Sending you written notice by e-mail, statement, notice, letter or any other method in writing that we consider appropriate (if the change is to your disadvantage); or • Displaying notices on our website. If we have made a major change or several minor changes in any year, we will give you a copy of the new Terms & Conditions or a summary of the changes. 46. You must inform us of any change to your name, address or telephone number without delay. Part 3. Card Conditions Conditions of use 1. The Card will be sent to you by post. 2. The Card may be used by you up to the expiry date embossed on the Card and in accordance with these Card Terms & Conditions. 3. The person named on the Card is the only person authorised by us to use the Card. 4. Where the Card is issued in respect of an Account maintained by two personal customers, these Card Terms & Conditions will apply to you both jointly and to each of you individually. Each Account Holder will remain liable even if, at a future date, the Account is closed or the joint account mandate is cancelled. 5. The Card shall remain our property. It must be returned at our request and it may be kept by us or any person acting on our behalf or with our authority. 6. These Card Terms & Conditions will apply to any Card issued as a substitute, replacement or renewal of the original Card. Safeguards 7. To help prevent fraud and protect the Account you must: (a) sign the Card as soon as you receive it; and (b)memorise and keep your PIN and any password relating to your Account secret; never write down or record your PIN or any such password in such a way that another person could recognise and use it; destroy the notification of your PIN as soon as you receive it; and (c)for Standard and Packaged Account Holders, ensure your cheque book and Card are not kept together. The cheque book and Card should not be left in unattended premises or vehicles; and 10 (f)always take reasonable steps to keep your Card safe; and (g)keep your transaction receipts safe and dispose of them carefully. If you do not take care of your Card, your PIN and any password relating to your Account, you may be liable for losses if your Card is used without your permission, lost or stolen. 8. You must not disclose the PIN or any password relating to your Account to any person. Lost or Stolen Cards 9. You must take care not to lose or damage your Card and you must not let anyone else have it. If you lose or part with your Card, if it is taken from you even for a short period, is stolen or used in an unauthorised or irregular manner, or if someone else knows your PIN or any password relating to your Account you must (a)telephone us immediately on 0800 169 2646*, or for calls from outside the UK +44 117 373 3865; (b) confirm this in writing within 3 days; and (c)take all reasonable steps to help us recover the Card. 10. If the Card is lost, mislaid or stolen, likely to be misused or the PIN, or any password relating to the Account, or Card number is disclosed, or if we have reason to believe any of these things may have happened, we may advise the police and give them any information they may need. You must tell us everything we need to know about the circumstances of the loss, theft, misuse or disclosure and take all steps we feel are necessary to recover the Card. If you have or get back the Card after the occurrence of any of these events, the Card must not be used and must be cut in half, through the Chip if applicable, and returned immediately to us. There may be a charge for a replacement Card. 11. If you act fraudulently, you will be responsible for all losses. If you act without reasonable care and this causes losses you may be liable for them. These conditions will apply if you fail to follow the safeguards outlined at Card Terms & Conditions 7 and 8. 12. We will be responsible for any unauthorised withdrawals made with the Card if: (a)the Card is lost in the post when sent by us to you; or (b)the Card is used by someone else after you have reported to us that it has been lost or stolen or that you suspect your PIN or any password relating to the Account is known to someone else. 13. We will credit the Account with any amount debited in the circumstances outlined in Card Terms & Conditions 12 including any related interest and charges. You will be responsible for any other losses but your liability to us will be limited to a maximum of £50 for transactions undertaken before you report the loss of your Card providing you have complied with these Card Terms & Conditions. However, if you have not protected your PIN or any password relating to your Account, you may be liable for all withdrawals or purchases without limit. If someone uses your Card details to make a payment over the phone or online without your permission, you will not have to pay anything. Payment 14. Subject to Card Terms & Conditions 12, you shall pay us the amount of the transactions and any loss which we suffer as a result of any breach of these Terms & Conditions. Your liability shall be settled either from monies standing to the credit of the Account or on demand by us. 15. The amount of each transaction will be withdrawn from the Account by electronic transfer. On each Business Day we shall be entitled to withdraw funds from the Account ahead of all other drawings or debits to make up the total value of the transactions which have been notified to us since the previous Business Day. 16. For Standard and Packaged Accounts, the debit from the Account for any Maestro transaction will normally occur within three banking days from the date of the Maestro transaction. The debit can be delayed if the supplier delays in asking for payment or for any other valid reason. Miscellaneous 17. We will not be liable for any delay in performing any of our obligations in respect of the use of the Card where such delay or failure arises because of civil disturbance, industrial dispute or any circumstances beyond our reasonable control. 18. Nothing in these Terms & Conditions entitles you to use the Card to create an unauthorised overdraft on the Account. Additional Conditions for Maestro transactions (applicable to Standard and Packaged Accounts only) 19. A Maestro Card may be used as a debit card (i.e. an alternative means of withdrawing funds from the Account without issuing a cheque) to settle any purchase from retailers or suppliers. You may also use the Maestro Card abroad to pay for goods and services at an international point of sale and to withdraw cash at ATMs where the Maestro logo is displayed. 20. When the Card is used for a Maestro transaction you authorise us to deduct from the Account the amount charged to you by the retailer or other Maestro operator. 21. You can not cancel a Maestro transaction after you have used the Card. 22. Any retailer, supplier or ATM acquirer may seek authorisation from us before accepting payment of any amount by use of the Card and it shall be at our discretion whether to give the authorisation. 23. The amount of money in the Account may be reduced by the amount of any payment made by Maestro (whether or not we adjust the balance shown on the Account) and any such reduction will be cancelled only if we are satisfied that the transaction to which the payment relates has been cancelled (in which event the authorisation shall also cease to have effect). 24. We may, at our sole discretion, disclose any information to any third party concerning you, the Account and/or any Card transaction as we deem necessary to comply with our obligations as a member of MasterCard Worldwide. 25. If you use your Maestro Card to withdraw cash in currencies other than sterling from any ATM (excluding Bank of Ireland ATMs and some other Bank ATMs in the Republic of Ireland), or to buy goods or services in currencies other than sterling from any retailer, a non-sterling transaction fee will apply. Please see our separate “Personal current account charges explained” brochure for details. The actual amount charged will be detailed with the transaction on your bank statement. 26. If you use your Maestro Card to withdraw cash in currencies other than sterling from any ATM (excluding Bank of Ireland ATMs and some other Bank ATMs in the Republic of Ireland), a non-sterling cash fee will apply. The machine will give you notice that you may be charged. Please see our separate “Personal current account charges explained” brochure for details. The actual amount charged will be detailed with the transaction on your bank statement. 27. If you use your Maestro Card to withdraw cash in currencies other than sterling from any ATM (excluding Bank of Ireland ATMs and some other Bank ATMs in the Republic of Ireland), or to buy goods or services in currencies other than sterling from any retailer, 11 the amount of the transaction will be exchanged into sterling at the MasterCard Exchange Rate operating on the date the transaction is applied to your Account. Please visit https://www.mastercard.com/global/ currencyconversion/index.html for more details of the specific rate applied. The actual rate used will be detailed with the transaction on your bank statement. 28. If you use your Maestro Card to withdraw cash in currencies other than sterling from Bank of Ireland ATMs and some other Bank ATMs in the Republic of Ireland, the amount of the transaction will be converted into sterling at the prevailing Reference Exchange Rate operating on the date of withdrawal from your Account. The actual rate used will be detailed with the transaction on your bank statement. 29. Exchange rates can fluctuate and for this reason, in some cases, the exchange rate applicable when a Maestro Card transaction is made can differ from the exchange rate applicable when the amount is actually applied to your Account. In the case of Maestro Card transactions it is the latter exchange rate which will apply (i.e. the exchange rate applicable when the amount is applied to your Account). Data protection – using your information Post Office Money Current Accounts are provided by Bank of Ireland (UK). Both Post Office Limited and Bank of Ireland (UK) plc (and in this Data protection section ‘we’ ‘us’ and ‘our’ refer to either or both of Post Office Limited or Bank of Ireland (UK) plc, depending on the context) are the data controller for the purposes of this Agreement. Important information about you and Bank of Ireland (UK). Bank of Ireland (UK) is a member of the Bank of Ireland Group. In this statement, ‘our Group’ means the Governor and Company of the Bank of Ireland and any of our subsidiary or associated companies. For a full list of our Group, write to us at the address below. We may hold your information and it may be used by any other member of our Group. Considering your application To help us decide whether to enter into this and any future agreement with you, we may use: • any information you have given us; • information we already hold about you; •information we receive from enquiries we make about you; and •information we get from other dealings with us or our Group 12 We may make and keep copies of your passport, driving licence or other proof of your identity that you provide. We may also search your record held by credit reference agencies or ask them to make enquiries for us. We may give credit reference agencies the information they need to make their enquiries. The credit reference agencies will keep a record of our search, whether or not your application goes ahead. This record will be available to other organisations that make similar searches and could affect your ability to get credit elsewhere. Information the credit reference agencies hold about you may already be linked to records relating to other people. (This is called an ‘association’.) You may be considered to be financially linked to these people and we may consider their credit records when considering your application. If you are providing information on behalf of others within your business, you are applying for credit with someone else, or you have told us about a financial link with another person, you must be sure that you are entitled to: •release information about that other person and anyone else you have referred to; and •authorise us to search, link or record information about you (and anyone you have referred to) at credit reference agencies. Credit reference agencies will create a link between your credit records and those of any person you have said that you have a financial relationship with. When you or the people you have a financial relationship with apply for credit in the future, both your and their credit records will be taken into account. This process will continue until one of you tells the credit reference agencies that there is no longer a financial link. We may also use a credit scoring system or other automated system for making a decision. Using and sharing your information We will give credit reference agencies any information: • that we hold about you; • about your payment record; •about your Agreement with us (including if you have broken it); and •about you not telling us about any change of address, if any payment is overdue. It is important that you give us accurate information. We will check your details with fraud-prevention agencies. If false or inaccurate information is provided and fraud is identified, details will be passed to fraud prevention agencies. Law enforcement agencies may access and use this information. We and other organisations may also access and use this information to prevent fraud and money laundering for example, when: •checking details of applications for credit and credit related or other facilities •managing credit and credit related accounts or facilities • recovering debt •checking details on proposals and claims for all types of insurance • checking details of job applicants and employees Please contact us at Post Office, Fraud Prevention Unit, PO Box 52746, London EC4P 4WP if you want to receive details of the relevant fraud prevention agencies. We and other organisations may access and use, from other countries, the information recorded by fraud prevention agencies. We will share information with other businesses, including our Group or other lenders, to: •assess applications for credit and credit-related services (such as insurance) made by you and members of your household; • trace people who have debts and recover debts; • prevent fraud and money laundering; • make decisions about your Account; •produce and analyse statistics and carry out market research; •help us identify products and services which may be of interest to you (unless you have asked us not to); and •consider dealings between our Group and other businesses or lenders. We may also give information about you and your dealings with us to: •anyone who has guaranteed to us that they will meet your liabilities if you can’t; • your insurer; • anyone acting for you; • anyone who introduced you to us; •any finance house, motor trade, vehicle-recovery agent, lawyer or law enforcement agency; •companies or other organisations which keep registers of assets and interests in them; •credit-industry and fraud-prevention networks (to detect and prevent crime); or •any regulatory or government organisation (if we have to do so by law). We may also use selected third parties to process your information and provide services on our behalf. Where we do this, we will ensure that adequate procedures and safeguards are put in place to protect your personal data at all times in accordance with the Data Protection Act 1998. Please write to the address shown below if you would like details of credit reference agencies and others we get information about you from, or details of who we can give information about you to. By law, you have a right to see these details. We may link information between any of your Accounts and other products and services you have with our Group. We will not use these links for marketing purposes without your permission. We may keep information about you after your Account has closed to meet our legal obligations and business needs. Direct marketing Post Office Limited and our trusted partners would like to contact you about other products, services and offers that might be of interest to you. By submitting the application form, you will be indicating your consent to receiving marketing communications by post, phone and email unless you have indicated an objection to receiving such communications by ticking the relevant boxes on the form. Transferring your information abroad From time to time we may transfer information about you to previously approved companies or people based outside the European Economic Area. We will only do so if the person or company agree to give your information the protection we would have to give it in the UK and to act on our instructions. Sensitive information You may have given us information about your nationality or health to help us assess your application and your continued eligibility for the product. By providing this information and signing the application form, you consent to your sensitive personal information being used for the purposes described above. Your right to information: You have a legal right to receive a copy of the information we hold about you. To see this information, write to: Post Office Money Current Accounts, PO Box 541, Welwyn Garden City, AL7 9LE You must pay a fee before we provide the information. We will tell you the current fee when you write to us. 13 Important information about compensation arrangements We are covered by the Financial Services Compensation Scheme (FSCS). The FSCS can pay compensation to depositors if a bank is unable to meet its financial obligations. Most depositors - including most individuals and businesses - are covered by the scheme. In respect of deposits, an eligible depositor is entitled to claim up to £85,000. For joint accounts each account holder is treated as having a claim in respect of their share so, for a joint account held by two eligible depositors, the maximum amount that could be claimed would be £85,000 each (making a total of £170,000). The £85,000 limit relates to the combined amount in all the eligible depositor’s accounts with the bank, including their share of any joint account, and not to each separate account. For further information about the compensation provided by the FSCS (including the amounts covered and eligibility to claim) please ask at your local branch, refer to the FSCS website (www.FSCS. org.uk) or call the FSCS on 0800 678 1100. Please note that only compensation-related queries should be directed to the FSCS. Important information about our regulators In relation to consumer credit business Post Office Limited are authorised and regulated by the Financial Conduct Authority. Post Office Limited is an appointed representative of Bank of Ireland (UK) plc which is authorised by the Prudential Regulation Authority and regulated by the Financial Conduct Authority and the Prudential Regulation Authority. The Financial Services Register Number for Bank of Ireland (UK) plc is 512956. Bank of Ireland UK is a trading name of Bank of Ireland (UK) plc which is registered in England & Wales (No. 07022885), Bow Bells House, 1 Bread Street, London EC4M 9BE. Post Office Limited is registered in England and Wales. Registered No 2154540. Registered office is 148 Old Street, London EC1V 9HQ. After 22nd March 2015, Post Office Limited will have its registered office address at Finsbury Dials, 20 Finsbury Street, London, EC2Y 9AQ. Post Office and the Post Office Money logo are registered trade marks of Post Office Limited. 14 15 The Post Office is able to supply customers with this brochure, free of charge, in an alternative format for people who are visually impaired. To obtain a copy call the Post Office helpline on 03457 22 33 44 or Textphone 03457 22 33 55, quoting PL1022. *Calls may be recorded and monitored for training purposes. Calls to 0800 numbers are normally free of charge from landlines but charges may apply from mobile phones. You should check call charges with your service provider. Post Office Money® Current Accounts are provided by Bank of Ireland UK. w In relation to consumer credit business Post Office Limited are authorised and regulated by the Financial Conduct Authority. Post Office Limited is an appointed representative of Bank of Ireland (UK) plc which is authorised by the Prudential Regulation Authority and regulated by the Financial Conduct Authority and the Prudential Regulation Authority. Bank of Ireland UK is a trading name of Bank of Ireland (UK) plc which is registered in England & Wales (No. 07022885), Bow Bells House, 1 Bread Street, London EC4M 9BE. Post Office Limited is registered in England and Wales. Registered No 2154540. Registered office is 148 Old Street, London, EC1V 9HQ. After 22nd March 2015, Post Office Limited will have its registered office address at Finsbury Dials, 20 Finsbury Street, London, EC2Y 9AQ. Post Office and the Post Office Money logo are registered trade marks of Post Office Limited. Post Office Limited works with Bank of Ireland Group to provide financial services products to Post Office Limited customers. In relation to credit cards, mortgages, personal loans and overdrafts, Post Office Limited works exclusively with companies in the Bank of Ireland Group for the provision of credit. JANUARY 2015 PL1022
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