Cardholder Agreement IMPORTANT – PLEASE READ CAREFULLY
Terms and Conditions Bishopstown Credit Union Limited Prepaid MasterCard Card
1.
THE AGREEMENT
1.1 In
consideration of Bishopstown Credit Union Limited
(hereinafter called the “Credit Union”) providing me with the use of a credit
union electronic transaction card (the “Prepaid MasterCard”), a Personal
Identification Number (“PIN”) for use with the Prepaid MasterCard, and the
right to use the Prepaid MasterCard for such purposes as may be authorized by
the Credit Union from time to time, I agree to the conditions of the Prepaid
MasterCard / Personal Identification Number Agreement (the “Agreement”), herein
contained.
1.2 As each Prepaid MasterCard and PIN is distinctly personal to each
individual member, where more than one Prepaid MasterCard is issued to be used
in connection with a Joint Account, each account holder must sign a separate Bishopstown Prepaid MasterCard / Personal Identification
Number Agreement Form (More than one Prepaid MasterCard shall only be issued if
each and both of the account holders, acting alone, authorise
debit transactions.)
1.3 I will use the Prepaid MasterCard only for the purpose of obtaining such
services as are agreed upon between me and the Credit Union. On thirty days
written notice, the Credit Union may add to or delete from the types that are
permitted. The issue of the Prepaid MasterCard does not amount to a
representation or a warranty that any particular type of service is available
or shall be available at any time in the future.
1.4 The Credit Union remains the owner of the Prepaid MasterCard, and the Credit
Union may restrict the use of the Prepaid MasterCard or terminate this
Agreement and my right to use the Prepaid MasterCard, at any time without
notice. I hereby agree to immediately return the Prepaid MasterCard to the
Credit Union upon request.
2.
THE ACCOUNT
2.1. The amount of all transactions will be
debited to my Account, usually within two business days following receipt by
the Credit Union of the transaction
record.
2.2. Where the account is in joint names,
the liability of the account holders shall be joint and several.
2.3 Upon receipt of a Statement, I shall examine it carefully and report any
errors or omissions to the Credit Union in writing within 30 days of the date
of the Statement. In the event that no
error or omission is reported to the Credit Union, they shall be entitled to
rely on the conclusiveness of the relevant Statement save that manifest errors
or omissions may be subsequently adjusted or corrected.
2.4 This
Agreement, and the fact that I may be issued a Prepaid MasterCard does not
afford me any credit privileges or any entitlement to overdraw my Account,
except as may be provided by a separate credit agreement entered into with the
Credit Union.
3.
CONFIDENTIALITY AND PERSONAL IDENTIFICATION NUMBER (PIN)
3.1. I agree not to select an obvious
combination of digits for my PIN (e.g my name, address, telephone number, date of
birth, or PPS Number). I understand that the Credit Union has only disclosed
the PIN number to me and to no one else, and I will never, under any
circumstances, disclose the PIN to any other person. I will not keep a written
record of the PIN, unless the written record is not carried with the Prepaid MasterCard and is in a
format indecipherable to others. I will always screen the entry of the PIN so
as to hide it from the view of bystanders or cameras in the vicinity during my
transaction.
3.2. Except where unauthorised
disclosure of my PIN is made by the negligence of or a deliberate act of the
Credit Union (the proof of which shall be my responsibility to determine) I
will be liable for ALL TRANSACTIONS effected using my PIN, notwithstanding that
any such transaction may not have been authorised by
me.
3.3 I will sign my Card as soon as I receive it using a ball point pen.
4.
WITHDRAWALS AND DEPOSITS
4.1. Amounts credited to my account as a
result of Deposits using the Prepaid MasterCard will not be available for
withdrawal until the deposits are verified and negotiable items such as cheques are honoured by the
issuing financial institution. Withdrawals or transfers by use of the Prepaid
MasterCard will be debited to my account at the time they are made, or in the
event of a network event causing delay, as soon as the electronic transaction
message is received.
4.2. The use of my Card to withdraw cash
from a Cash Machine is subject to both transaction and daily limits. The transaction and cash limits will be
determined by the Credit Union and may vary from time to time.
5.
CONSEQUENCES OF A BREACH OF CARD SECURITY
5.1. I hereby acknowledge that the first
use of my card will confirm my acceptance and agreement with the terms and
conditions of this agreement, and that thereafter I will be liable for all
authorized and unauthorized uses of the Prepaid MasterCard by any person up to
my established withdrawal limit (including funds accessible through a Line of
Credit or overdraft privilege as may be agreed to separately with the Credit
Union), prior to the expiry or cancellation of the Prepaid MasterCard. However,
in the event of an
alteration to my account balance due to technical problems, card issuer errors
or system malfunctions, I will be liable only to the extent of any benefit I
may have received and will be entitled to recover from the Credit Union any
direct losses I may have suffered.
5.2. The Credit Union will have the sole
discretion, but is under no obligation, to relieve me of any or all liability
for unauthorized use of the card in a case where I have inadvertently
contributed to the unauthorised use, and I co-operate
in an investigation or proceedings leading to a finding of liability on the
part of a third party. The Credit Union
will not be liable to me for any action, omission or failure to act of a
Merchant (Merchant means “any person who accepts payments made with a Card”) or
the refusal by a Merchant to honour the Prepaid
MasterCard, whether or not such failure or refusal is the result of any error
or malfunction of a device used to effect or authorize the use of the Prepaid
MasterCard for a Point of Sale Transaction (occurs when payment is exchanged
for a product).
5.3 I understand that I must not use the Prepaid MasterCard and PIN for any
unlawful purpose, including the purchase of goods and services prohibited by
local law applicable in any jurisdiction.
6.
LOST OR STOLEN CARD, OR COMPROMISED PIN
6.1. If I
become aware that my Prepaid MasterCard is lost or stolen, or that the PIN has
been compromised, I shall immediately cancel the card via the Online Web
Portal, IVR system (available 24 /7 /365), or by notifying the Credit Union
(during normal opening hours – telephone no. 4800010), whereupon the Credit Union will cancel the
Prepaid MasterCard. Where any charges and fees have been incurred through any
fraud, theft or unauthorized use of the card, the Credit Union may, at its sole
discretion (but is under no obligation, legal or otherwise) to relieve me of
liability of any or all such charges.
6.2. 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, I will be deemed to have thereby authorised
the Credit Union 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 the Credit Union
immediately.
6.3. If the Credit Union suspects that a
Card is being used improperly or fraudulently or in breach of this Agreement,
the Credit Union may decline to authorise any further
transactions on the Account until the Credit Union has contacted me. The Credit Union will endeavour
to contact me before making this decision but this may not be possible. I
hereby agree and authorise the Credit Union to take
such actions as we deem necessary including suspending the Card in such
circumstances.
7.
DISPUTE RESOLUTION
7.1. Under no
circumstances shall the Credit Union be liable as a result of any dispute
relating to the goods or services provided to me or provided by any Merchant
pursuant to a transaction involving the use of the Prepaid MasterCard.
8.
FEES AND CHARGES
8.1. The
Credit Union may charge to my account from time to time its standard fees, as
amended and published from time to time by the Credit Union on its website at www.bishopstowncu.ie, and payment of those fees will be a
condition of the continued availability and use of the Prepaid MasterCard.
8.2.1. All stamp duties and government levies
payable in respect of the Card are my liability and will be paid by me as a
debit of the Account
8.3.1 I acknowledge that the use of the card in point of sale or ATM devices,
other than those owned by the Credit Union, may be subject to fees, transaction
limits or other terms and conditions beyond the control of the Credit Union,
and further that I accept responsibility for payment of any fees assessed to me
for the use of those devices, and agree to the limitations or conditions that
may be imposed by the networks, owners or administrators of those third party
devices.
9.
ISSUE OF NEW CARDS
9.1. New Cards may be issued by the Credit
Union to me from time to time without the need for further application. The Credit Union can refuse to issue a new
card if:
9.2. The Cardholder has requested in
writing, not less than 30 days before the renewal date on the current Card,
that the Credit Union not issue any new Card(s); or the Credit Union has
decided not to issue a renewal or replacement Card.
10.
FOREIGN CURRENCY TRANSACTIONS
10.1 If the Prepaid MasterCard is used in connection with a transaction in
foreign currency, I understand that the exchange rate for conversion into Euros
will be fixed using the daily rate of the electronic network through which the
transaction is conducted as a basis.
11.
TERMINATION OF AGREEMENT
11.1. This agreement applies to my account
specified herein and also to any other account designated or assigned to me
from time to time for use in connection with the Prepaid MasterCard.
11.2. I may
at any time end the Agreement by giving notice in writing to the Credit Union
and returning all card(s) cancelled by being cut in two (through the signature
box, magnetic strip and chip) to the local Credit Union branch. Notwithstanding any such termination, I shall
remain liable for all Transactions.
11.3. This Agreement is of no minimum
duration. However, the Credit Union may
terminate the Agreement and take all necessary steps to withdraw the Card
Facilities from me without incurring any liability to me on giving me at least
30 days prior notice in writing to that effect.
11.4. If; 1. I
become bankrupt or enter into a voluntary arrangement with my creditors;
2. I
am no longer, in your opinion, able to manage my financial affairs;
3. I
die;
4. It
becomes unlawful for me to continue to have a Card;
5. Any
representation, warranty or statement made by me in connection with the
Agreement is breached or is or becomes, in the Credit Union’s opinion, untrue
in any material respect; or
6. I
breach this Agreement or any other agreement with the Credit Union,
The Credit Union may immediately suspend any Card,
end the Agreement, cancel all Card(s) and/or refuse to issue, renew or replace
any Card by giving written notice to me whereupon I must cut all Card(s) in two
(through the signature box, magnetic strip and chip) and return them to the
Credit Union.
12.
REFUNDS
12.1. If a Merchant initiates a refund the
Credit Union will only credit the Account with the amount due upon receipt and
processing of the refund amount by the Credit Union from the Merchant.
13.
CARDHOLDER PRIVACY
13.1. I
acknowledge that the Credit Union has confidentiality and data protection
policies in place to protect my privacy and that I may obtain particulars of
all personal details kept by the Credit Union upon written request. Subject to
withdrawal of consent, I hereby consent to the use of my personal information
by the Credit Union and its affiliates to monitor my card usage in order to
gather demographic and spending data for the purposes of future business and
banking services and products that our members may require. However, if I have
given or hereafter give express consent to the collection, use and further
disclosure of my personal information by the Credit Union in a form and consent
that is more permissive than the consent provided herein, then the more
permissive form of consent shall govern our relationship.
13.2. As part of the Prepaid MasterCard
functionality the Credit Union is in partnership with DCR Strategies Inc. for
the provision of a loyalty points reward program. Intrinsic and essential to this program,
transactional and personal data is shared between the Credit Union and DCR
Strategies Inc., for the purposes of identifying each unique cardholder,
administering their accumulated points balances, and providing them with the
opportunity to make online product purchases or convert their points to cash.
By accepting a Prepaid MasterCard from the Credit Union I expressly consent to
the transfer of this information.
14.
AMENDMENT OF TERMS AND CONDITIONS
14.1. The
Credit Union reserves the right at all times to introduce new Terms and
Conditions and to vary or amend the existing Terms and Conditions by giving
notice thereof to the Cardholder by whatever means the Credit Union, in its
discretion deems appropriate, including by post, electronic mail, the Credit
Union’s website, recorded message on accessing the services provided by the
Credit Union IVR System where the
Cardholder is registered for IVR Services or by advertisement in at least one
national daily newspaper, in which circumstances the Cardholder shall be free
to dissolve this contract with the Credit Union and if so doing shall forthwith
discharge all and any outstanding liabilities to the Credit Union in respect of
the Account, save and except for those liabilities for card use and charges
that existed up to and including the date that I return my card to the Credit
Union, and request its cancellation.
15.
IDENTIFICATION
15.1. To
ensure compliance with the Criminal Justice Act, 1994, Criminal Justice (Theft
and Fraud Offences) Act, 2001 and Criminal Justice (Terrorist Offences) Act,
2005 (as amended from time to time) I will be required to produce evidence of
identity satisfactory to the Credit Union
and proof of current permanent address by means of supporting
documentation.
16.
JURISDICTION
16.1. These Terms and Conditions shall be
governed by, and construed in accordance with, the laws of the Republic of Ireland and the courts of Ireland shall have exclusive jurisdiction to resolve any
disputes in connection herewith.
17.
RECEIPT OF COPY OF AGREEMENT
17.1. I understand that I shall be bound by
the terms of this Agreement without signature by or on behalf of the Credit
Union if signed by me below or accepted electronically via the Credit Union’s
website. I further agree that in the absence of a signed agreement, my first
use of the Prepaid MasterCard issued to me shall be full and sufficient proof
of my express acceptance of the terms and conditions contained herein. I hereby
acknowledge receipt of a copy of Agreement at the time of such signature or
acceptance.
18.
SCOPE OF AGREEMENT
18.1. This
Agreement replaces any prior Agreement that may exist regarding the use of the
Prepaid MasterCard and the PIN but does not replace or supersede any Agreement,
or part of any agreement, relating to any loan, credit facility or the
operation of any account.
19.
WAIVER
19.1. If the Credit Union does not enforce
any condition of this Agreement, or delays in enforcing it, this will not
prevent the Credit Union from enforcing the condition at a later date and will
not constitute a waiver of that condition.
20.
WHAT TO DO IF YOU HAVE A COMPLAINT
20.1. In the event that I wish to make a
complaint, I may do so by writing to the manager of the Credit Union.
