AIB DEBIT CARD TERMS AND CONDITIONS OF USE (Laser, Maestro, Banklink)
The use of your Card is governed by these Conditions. When you use your Card you are deemed to have accepted these Conditions. These Conditions are supplemental to and should be read in conjunction with the Account Conditions and in the event of a conflict between these Conditions and the Account Conditions these Conditions will prevail.
DEFINITIONS
In these terms and conditions:
Account means the bank account kept by us in your name on which Transactions can be carried out.
Account Conditions means the terms and conditions which govern the operation of your Account.
Agreement means the agreement concluded between us and you for the opening of an Account and the issue of a Card and includes the Account Conditions, these Conditions, the Card Application, each Card Carrier and all fees and charges booklets and schedules and all other documents that are incorporated into these Conditions or otherwise become part of our agreement with you.
Authorised User means a person other than you who has been authorised in accordance with Condition 34 to effect Transactions on the Account.
Business Day means a day (other than a Saturday, Sunday or public holiday) on which we are generally open for business in Ireland and, where in relation to execution timeframes in respect of a payment to an account with another bank, a day on which the payee's bank is also open for business.
Card or Debit Card means any debit card issued to you or any Authorised User for the purpose of effecting Transactions on the Account pursuant to the terms of the Agreement and incorporates all elements of that card, including, without limitation, the Chip.
Card Application means the application form and request completed by the Cardholder when applying to us for a Card.
Card Carrier means the separate confidential mailing slip or cover sent to you with a Card, containing instructions regarding its authentication and security.
Cardholder means only the person in whose name the Account is maintained and does not include Authorised Users.
Cardholder not Present Transaction means a Transaction that is carried out where you are not present at the location of the machine used to effect the Transaction; these include transactions carried out by post, phone, internet, fax or other electronic means as may be authorised from time to time.
Cash Machine means a machine which dispenses cash and/or, in some cases, receives lodgements and/or performs other banking functions.
Chip means an integrated circuit embedded in a Card.
Conditions means these terms and conditions as amended, extended, supplemented or replaced from time to time.
EEA means the current members of the European Economic Area as may be amended from time to time.
Merchant means any business or individual who accepts payment made with a Card.
PIN means the secret personal identification number that is used with a Card as allotted by us and/or subsequently chosen by you.
Secure System means a system approved by us to enable the secure use of your Card over the internet.
Scheme means a third party payment system which manages and controls the processing of transactions through their rules.
Statement means a paper or electronic statement issued by us, in respect of the Account.
Transaction means a transaction in which a Card is used by you to withdraw cash, make lodgements, make payments, and access such other facilities or enhancements as may be attached or added to the Card by us from time to time and includes all other debits and credits made to your Account pursuant to the Agreement.
" you " and "your" refers to the Cardholder and, unless the context otherwise requires, any Authorised User.
Any references to "we"; "us"; and "our" or "Bank"means Allied Irish Banks, p.l.c . and includes our successors and assigns. We are regulated as a credit institution by the Central Bank of Ireland of PO Box 559, Dame Street, Dublin 2 and our principal business is the provision of financial services. Our head office and registered office is at Bankcentre , Ballsbridge , Dublin 4. We are registered at the Companies Registration Office, Dublin under registration number 24173. Our VAT number is IE8E86432H
In these Conditions where the context so allows, reference to any gender includes all genders and the singular includes the plural and vice versa.
Looking after your Card and PIN
1) The Card is a debit card issued to you on your Account. The Card has a number of facilities for you including withdrawing cash, making lodgements, making payments, and such other facilities or enhancements as may be attached or added to the Card by us from time to time. The Card and PIN must be used in accordance with these Conditions. Each Card is and remains our property and may be cancelled, suspended, recalled or retained by us in accordance with the provisions of the Agreement.
2) There is a variety of means by which you can authorise such Transactions, these include:
- authorisation by means of your Card used in conjunction with your PIN for point of sale Transactions or Transactions using a Cash Machine;
- authorisation by means of your Card number for Transactions by mail, telephone, internet or by use of a Secure System; and
- authorisation by means of your Card and signature where the other authorisation options in this Condition are not available.
3) You must:
- sign your Card as soon as you receive it using a ball point pen;
- keep your PIN secret; and keep your Card secure;
- tell us immediately if there is a change of name, bankers, business or home telephone numbers, or your address to which Statements are sent.
4) You must not:
- let anybody else use your Card and your PIN;
- disclose your Card number to anyone, except when carrying out a transaction or to report it lost, stolen or likely to be misused;
- let anybody else know your PIN; or,
- write , record or disclose in any other manner your PIN or any other code allocated to you.
Restrictions
5) A Card must not be used:
- if the Agreement is ended;
- after a Card has expired or been reported lost, copied or stolen or has been cancelled or suspended;
- at any Cash Machine abroad in violation of local regulations; or
- for any illegal purchase or purpose whatsoever.
Cash Withdrawals
6) Your Card may be used for cash withdrawals, advances made by Card or Card number, and cash related Transactions, such as the purchase of cash. A cash advance fee may also apply and where the transaction is not done at a Cash Machine you may also be asked for proof of identity.
7) Cash withdrawals are subject to both transaction and daily limits. The transaction limit can vary between financial institutions and from time to time. The cash limit will be determined by us and may vary from time to time. Details of the daily cash limit are available from us.
8) We will not be obliged to provide Cash Machine facilities at any particular time and may withdraw or terminate such facilities without notice. We will not be liable for any loss or damage resulting from failure to provide any service, or failure or malfunction of a Cash Machine.
9) A Card may be used outside Ireland subject to limits or regulations that may be imposed by regulatory authorities from time to time.
Third Party Charges
10) If you withdraw euro within the European Union you will be charged, by us, as though you had obtained the euro in Ireland. However where you conduct a Transaction outside of Ireland:
- the local bank processing the Transaction may apply a surcharge or fee which is outside of our control;
- local banks, outside the Eurozone (but within the European Union) may convert the amount of euro into the local currency and may charge a foreign exchange margin;
- non-euro Transactions will attract an additional fee as outlined in our Schedule of International Transaction Charges in force from time to time,
this may result in an amount debited from the Account that is different to the euro amount which you withdrew.
Loss or misuse of a Card
11) You will take reasonable steps to ensure the safety of the Card. If you think someone else knows your PIN, or if your Card is lost, copied, mislaid, stolen, used, or likely to be used, for a fraudulent or improper purpose, you must contact us immediately. Our contact details are set out in the "Contacting us" section of these Conditions. We may request that you confirm the same in writing to us but without affecting the validity of any action taken by us in response to your telephone call.
12) Notification of loss or theft of a Card will be accepted by us from card protection service organisations.
13) By reporting a Card as lost, copied, mislaid or stolen or as being used, or likely to be used, for a fraudulent or improper purpose, you will be deemed to have thereby authorised us to cancel that Card. It must not be used again. If found, it must be cut in two (through the signature box, magnetic strip and Chip) for security reasons and returned to your local branch immediately.
14) Your liability will be limited to an overall limit of EUR75 for any losses incurred in respect of unauthorised payment transaction arising from the use of a lost or stolen card or from a failure to keep personalised security features safe. However, you will be liable for all unauthorised transactions if:
- you intentionally, fraudulently or with gross negligence failed to adhere to the safekeeping and/or disclosure requirements of your Card, PIN or other security device or procedure; or
- any Transactions were effected as a result of the breach of Condition 4; or
- any Card is used by any other person outside the terms of this Agreement and who has possession of it with your consent
15) In the event of notification by you in accordance with Condition 11 above you will co-operate with us and the relevant police authority in any investigation and give us and the police all information relating to such loss, theft or disclosure and all reasonable assistance to lead to the recovery of the Card. You authorise us to inform any appropriate third party of the loss, mislaying, theft or possible misuse of the Card and to give them such other information as may be required.
16) If we suspect that a Card is being used improperly or fraudulently or in breach of this Agreement we may decline to authorise any further transactions on the Account until we have contacted you. We will endeavour to contact you before we take this decision but this may not be possible. You hereby agree and authorise us to take such actions as we deem necessary including suspending the Card in such circumstances. You agree that any contact by us is for the purposes of combating wrongdoing and is not connected to this Agreement.
Your Account
17) Transactions that result in a debit on your Account will usually be debited within two Business Days following receipt by us of the transaction record.
18) Statements will be issued on your Account in accordance with the Account Conditions. Each Statement will contain information on all payments on your Account for the period covered by the Statement.
19) The Card must not be used to create an overdraft on the general balance of the Account where no overdraft facility exists and/or extend an overdraft beyond an approved limit.
20) Where the Account is in joint names, the liability of the account holders shall be joint and several. See the Account Conditions for further particulars on joint accounts.
Queries and Disputes
21) You must notify us without undue delay on becoming aware of any unauthorised or incorrectly executed Transaction on your Account. You should carefully examine all Statements and any other Account information received by you or accessed by you online and immediately report any disputed transactions, errors or omissions to us. We recommend that you review your Account details online on a regular basis. In the event that you have a query concerning a Transaction on your Account please contact us immediately. Our contact details are set out in the 'Contacting Us' section of these Conditions. If there has been undue delay on your part in contacting us we may not be able to compensate you for any loss you may have suffered. For further details in relation to liability for unauthorised, non-executed or incorrectly executed transactions see the Account Conditions.
CASH MACHINE LODGEMENTS
22) Where so enabled your Card may be used to facilitate Cash Machine lodgements. For further details on this see the Account Conditions.
Payment for goods or services
23) Use of your Card is subject to transaction and daily limits as set by us. The Cardholder will be liable to pay all sums that are charged to the Account in respect of or resulting from all Transactions including where such Transactions are effected by telephone, mail order, internet, PIN, signature or in breach of these Conditions. You should therefore check the amount of every Transaction before you authorise it.
24) When carrying out a Cardholder not Present Transaction, you must quote the 19 digit number embossed on the Card and the expiry date to the Merchant and if required, provide your name, address, telephone number.
25) You accept that electronic communications via the internet or SMS-based telecommunications media may not be secure and may be intercepted by unauthorised persons or delivered incorrectly. Any such communications shall be at your risk.
26) Once authorised a Transaction cannot be subsequently revoked (whether or not a voucher is signed or a PIN number verified) as we guarantee payment. Where you have authorised a Merchant to set up a continuous payment instruction on your Account and you wish to cancel it, you must send a written cancellation notice to the Merchant and keep a copy of the letter. When a Transaction is authorised by use of a Card and PIN, the use of the PIN will be regarded as conclusive evidence that the Transaction was authorised by you. You should always check the amount of the Transaction before entering your PIN.
27) When a Transaction is authorised by the use of a Secure System the use of the Secure System will be regarded as conclusive evidence that the Transaction was authorised by you. Use of any Secure System by you is subject to the terms and conditions of the Secure System.
28) The entries relating to a Transaction recorded in your Account are conclusive evidence that the Transaction occurred as so recorded.
29) The amount of any non-euro Transaction will be converted to euro at the rate of exchange applicable on the date the Transaction is debited to your Account in accordance with the procedures of the applicable Scheme and accordingly the date of conversion may not be the date of the Transaction. We have no control over when the Transaction will actually be processed by the Scheme. For transactions in EEA countries we can provide you with an indicative rate of exchange on the day of the Transaction if you contact us, but as outlined above, this may not be the actual rate that will be applied as exchange rates may fluctuate between the date of a Transaction and the date on which the transaction amount is debited to your Account. In addition to the fees and charges referred to in Condition 30 you may also be charged a transaction fee by the local bank which processes the Transaction. Our contact details are set out in the "Contacting us" section in these Conditions.
Fees and Charges
30) Fees and charges apply to the use of the Card details of which can be obtained from any of our branches. Such fees and charges will be debited directly by us to the Account.
31) We may from time to time alter such fees and charges and introduce new fees and charges. Such a variation will be notified to you in accordance with Conditions 47 and 48.
32) All stamp duties and government levies payable in respect of your Card are the Cardholder's liability and we will debit the amount of same to your Account.
Issue of new cards
33) New Cards may be issued by us to you from time to time without the need for further application. We can refuse to issue a new card if:-
- the Cardholder has requested in writing, not less than 30 days before the renewal date on the current Card, that we do not issue any new Card(s); or
- we have decided (in accordance with Condition 39) not to issue a renewal or replacement Card.
34) In exceptional circumstances, at the request of the Cardholder, we may permit the issue of additional Cards on the Account. Each additional Card requires a separate PIN and may be used by a person nominated by you (an "Authorised User"). There is no obligation on us to provide this service. Additional Cards will be issued subject to these Conditions. Each Authorised User will be furnished with a copy of and will be bound by these Conditions.
35) We will cancel any additional Card at any time if you request this in writing, in which case the additional Card, cut in two (through the signature box, magnetic strip and Chip) for security reasons, must be returned to your branch or any other AIB branch.
36) By requesting an additional Card the Cardholder thereby also authorises us to pass on information about the Account and Transactions to any Authorised User. By accepting an additional Card an Authorised User authorises us to pass on information about Transactions effected by use of the Additional Card to the Cardholder by electronic or other means. However, no amendments to the Account details will be accepted from an Authorised User.
37) The Cardholder is liable for the payment of all Transactions carried out by an Authorised User regardless of the ability of that Authorised User or whether the Authorised User is a minor or not, as if the Transactions had been personally carried out by the Cardholder.
Termination
38) The Agreement shall continue until ended by either the Cardholder or by us. The Cardholder may at any time end the Agreement by giving notice in writing to us and returning all Card(s) cancelled by being cut in two (through the signature box, magnetic strip and Chip) to us.
39) If:
- you become bankrupt or enter into a voluntary arrangement with your creditors;
- you are no longer, in our opinion, able to manage your financial affairs;
- you die;
- it becomes unlawful for you to continue to have a Card;
- any representation, warranty or statement made by you to us is or becomes, in our opinion, untrue in any material respect; or
- you commit any serious or repeated breach of these Conditions; or
- you are in breach of any other agreement with us; or
- we must do so to comply with any law; or
- you use your Account or your Card for any unlawful or other inappropriate purpose; or
- for any reason the Agreement becomes unenforceable or void,
we may immediately suspend any Card, end the Agreement, cancel any Card and/or refuse to issue, renew or replace any Card by giving written notice to you whereupon you must cut all Cards in two (through the signature box, magnetic strip and Chip) and return them to us.
We may also terminate the Agreement by giving you at least two months' prior notice in writing.
Refunds
40) If a Merchant initiates a refund we will only credit the Account with the amount due upon receipt and processing of the refund amount by us from the Merchant.
General
41) We shall neither be in breach of our obligations under the Agreement nor liable for any loss, damage or other liability suffered by you or any other person if we delay or fail to perform our duties and obligations to you because of circumstances beyond our reasonable control (including, but not limited to, acts of God, acts of terrorism, fire, acts of Government, war, civil commotion, insurrection, embargo, inability to communicate with third parties, failure of any computer or telecommunications system, or failure of any payment, settlement or clearance system, disruption in any energy or other supplies, labour disputes or the acts or omissions of our agents or any other third party).
42) The documents and records kept by us or on our behalf, whether on paper, microfilm, by electronic recording or otherwise, will, in the absence of manifest error, constitute conclusive evidence of any facts or events relied upon by us in connection with any matter or dealing in relation to the Account.
43) We are not obliged to grant or continue any additional facility or benefit made available to you which is not specified in the Agreement. Accordingly, any such facility or benefit may be varied or withdrawn by us without notice.
44) We may record or monitor phone calls between you and us so that we can check instructions and make sure that we are meeting our service standards and to ensure the security of our business, and that of our customers and staff.
Variation of the Agreement
45) These Conditions shall continue to apply to your Account unless and until altered by us in accordance with Conditions 46 to 48.
46) We may alter these Conditions from time to time. Alterations will normally be caused by changes in the cost of providing the service, changes in, or our requirement to conform with, general banking practice, expected or actual changes in legal or other requirements affecting us, promotional reasons, any system or product development or to enable us to conduct our business in a prudent or competitive manner or other good reasons. We may also change these Conditions to make them clearer or more favourable to you or to rectify any errors identified after we have given these Conditions to you.
47) Unless we are permitted by law to give you shorter notice, we will notify you at least two months in advance of any alteration to these Conditions.
48) We may notify you of any alteration to these Conditions by providing you with notice of any alteration, published in a national daily newspaper, by notice displayed prominently at our branches, by notice in writing or through our website or by means of another durable medium or by any other means required or permitted by law, with details of the alteration or the altered Conditions.
49) If you receive notice of any alteration to these Conditions and you do not agree with the changes you may cancel all Cards without having to pay any extra charges or interest. If you use the Card you will be presumed to have agreed to the changes.
Waiver
50) If we do not enforce any condition of this Agreement, or we delay in enforcing it, this will not prevent us from enforcing the condition at a later date and will not constitute a waiver of that condition.
No liability for refusal or for goods or services
51) We shall not be liable for any loss arising as a result of the refusal or delayed acceptance of any Card by a Merchant or other third party, or for any loss or damage you may suffer as a result of the way in which any such refusal or delay is communicated to you or is otherwise published. For the avoidance of doubt this refusal extends to a refusal to offer a related service such as "cash-back".
52) Save to the extent that we are unable under applicable law to disclaim such liability, we are not responsible for the delivery or condition of any goods and/or services paid for by a Card. We accept no liability for any loss or damage suffered in connection with any goods and/or services paid for by a Card.
Severance
53) If at any time any provision of the Agreement is or becomes invalid, illegal or unenforceable in any jurisdiction in any respect, the validity, legality and enforceability of the remaining provisions thereof shall not in any way be affected or impaired thereby.
Governing Law & Jurisdiction
54) The Agreement is governed by the laws of Ireland and for our benefit you submit to the Irish Courts with respect to any dispute out of or in connection with the Agreement.
55) The Agreement will be treated as having been executed within the Dublin Metropolitan area at AIB Card Issuing, Sandyford , Dublin 18.
Copy Agreement and Larger Version
56) A copy of the Agreement which covers this service, and/or a copy of these Conditions in a larger print can be obtained by contacting us. Our details are set out in the "Contacting Us" section of these Conditions.
Language
57) These Conditions and all information and communication with you will be in English.
What to do if you have a complaint
58) In the event that you wish to make a complaint you may do so by writing to your branch. If you are still not satisfied and you come within the jurisdiction of the Financial Services Ombudsman you are entitled to take your complaint to the Financial Services Ombudsman at 3rd Floor, Lincoln House, Lincoln Place, Dublin 2.
Further details of our complaints procedures may be obtained by contacting us. Contact details are set out below.
Contacting us
59) At the date of issue of these Conditions our contact details are as set out below. These may change from time to time and up to date details can be found on www.aib.ie or by contacting your local branch.
For lost, stolen or misused cards telephone us, 24 hours a day, at:
1800 24 22 27 or (from outside the Republic of Ireland 353 1 2695022.
For all other queries telephone us, 24 hours a day, at:
(01) 2695022 or (from outside the of Ireland 00 353 1 2695022 or contact your local branch.
Contacting you
60) Subject to applicable law we may contact you by post, fax, phone, online or email or in person.