personal danske mastercard credit cards terms and conditions · card details will be required. the...

Personal DanskeMastercard Credit Cards Terms andConditionsEf fective from 1 April 2020

danskebank.co.uk

•• APRIL 2020 -28967.UK 2019.06 Danske Mastercard..qxp_Northern Bank_M65_4.s_2 29/01/2020 09:56 Page A

PERSONAL DANSKE MASTERCARD CREDIT CARDS TERMSAND CONDITIONS

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Personal Danske Mastercard Credit Cards 1 to 34Terms and Condit ions

Danske 3D Secure Special Terms and Condit ions 35 to 39

•• APRIL 2020 -28967.UK 2019.06 Danske Mastercard..qxp_Northern Bank_M65_4.s_2 29/01/2020 09:56 Page B

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PERSONAL DANSKE MASTERCARDCREDIT CARDS TERMS AND CONDITIONSIf You have chosen one of the following personal Danske BankMastercard credit cards then these are the Terms and Conditionswhich are referred to in the credit Card Agreement which You havesigned:Mastercard Platinum, Mastercard Gold, Mastercard Standard,Mastercard 24/7 and Mastercard Standard Plus.

The Terms and Conditions in Sections 1 – 25 apply to all Danske BankMastercard credit cards, with variations between Platinum, Gold,24/7, Standard Plus and Standard credit cards detailed in Conditions3.3(a), 5.4, 7.1, 12 and 21.

A copy of these terms and conditions is available on our website atdanskebank.co.uk/docs You may also request a paper copy free ofcharge by contacting Your branch or by telephoning Us.

It is not possible to enter into a new agreement to open a MastercardPlatinum, Mastercard Gold, Mastercard Standard Plus or Mastercard24/7 after 1 April 2013.

1. Definitions applying to this AgreementA number of words are given a defined meaning at the start ofthis Agreement.Any references to European Economic Area, EEA, EuropeanUnion, EU, Europe or Member State(s) in any of ourdocumentation shall be deemed to include the United Kingdomduring the Brexit transition period.

The following definitions also apply:“Account” means Your credit card account with Us. “Account Information Services” means services of the type describedin Conditions 2.4(a).“Additional Cardholder” means anyone to whom We issue anadditional Card at Your request.“Agreement” means the agreement between Us and You relating tothe Card, including these Terms and Conditions.“Authorised User” means anyone who You have authorised to accessYour Account using Our eBanking Services. We will issue this personwith an Electronic Signature. “Balance Transfer” means a transfer of a debit balance which You oweto another financial institution and which We have agreed to acceptand debit to Your Account.“Bank”, “We”, “Us” or “Our” means Northern Bank Limited trading asDanske Bank and any person to whom all or any of the rights and/orobligations of the Bank under this Agreement are transferred and anysuccessor in business to the Bank. “Business Day” means a Monday, Tuesday, Wednesday, Thursday orFriday, excluding Bank and other holidays in Northern Ireland, on whichthe Bank is usually open for business. In relation to a PaymentTransaction, a Business Day means any day on which the Bank is openfor business as required for the execution of a Payment Transaction.“Card” means a Danske Mastercard credit card which We issue toYou or to any Additional Cardholder, and any replacement card. TheCard may or may not bear a Contactless Indicator.

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“Card Based Payments” are payments out of Your Account madeusing a card which has been issued by a Third Party Provider.They do not include payments made using Your DanskeMastercard credit Card. “Cardholder” includes You and any Additional Cardholder.“Cash Advance” means any cash withdrawal or other cashadvance or any transfer to another account at the Bank or any otherfinancial institution (other than a Balance Transfer). By way ofexample transfers made to another account by using eBanking,Payment Initiation Services, Danske Mobile Bank App or Paym will betreated as Cash Advances. Any purchase of traveller’s cheques orforeign currency obtained or made in any way by use of the Card willalso be treated as a Cash Advance.“Condition” means a condition in these Terms and Conditions. “Contactless Indicator” means the following symbol“Credit Limit” means the maximum amount of credit allowed on YourAccount.“Customer” “You” and “Your” mean the person who entered into thisAgreement with Us.“Debit Number” means the 16 digit number which appears on theface of the Card.“eBanking” means Our internet based banking system for personalcustomers. “Electronic Payment” means a payment transaction which is initiatedand processed using electronic means and excludes any paper basedtransactions.“Electronic Signature” means Your user ID, passcode and one timepassword for accessing Our online services, signing documents orgiving Us instructions electronically. You may not be required to useevery part of Your Electronic Signature each time you log on, sign orinstruct Us. “Introductory Rate” means the interest rate We charge from time totime under this name as set out at Condition 3.3 (b).“Limited Period Rate” means any lower interest rate (other than theIntroductory Rate) than that otherwise applicable to Your Accountwhich we have granted You for Purchases, Balance Transfers and/orCash Advances for a limited period, as set out at Condition 3.3(c).“Merchant” means a retailer, Merchant or third party authorised toaccept the Card.“Open Banking APIs” means the Application Programming Interfacesused by Open Banking Limited to share customer informationsecurely.“Original Credit” means a payment into Your Account as described inCondition 11.3.“Package” means the package of banking services provided to You bythe Bank in connection with which You have been issued with theCard.“Password” means a password chosen by a Cardholder for use with aCard to make Transactions on the internet.“Payee” means the person to whom a payment such as a cheque ismade payable or the owner of an account to which a payment is to becredited whichever applies.“Payer” means the owner of an account from which a payment is to bedebited.


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“Payment Initiation Services” means services of the type describedin Condition 2.4(a). “Payment Services” means such Services as We provide in relationto payments into and out of Your Account.“Payment Services Regulations” means the Payment ServicesRegulations 2017 [SI 2017/752] as amended from time to time.“Personalised Security Credentials” means the personalised featuresprovided by Us (such as Your PIN, Password and all the parts of YourElectronic Signature for eBanking) to enable You to authenticateYourself for the purposes of accessing Your Account.“PIN” means the personal identification number issued to or chosenby the Cardholder from time to time.“Purchase” means a payment transaction other than a Cash Advanceor Balance Transfer.“Recurring Transaction” (sometimes known as a “continuouspayment”) means a series of debit Transactions which are debitedfrom Your Account at agreed intervals pursuant to an authorisationwhich the Cardholder has provided to a Merchant as mentioned inCondition 2.3(e) The payments can be for varying amounts and theagreed intervals can be for different frequencies.“Service” and “Services” means any service which is available on YourAccount (including Payment Services) such as allowing You to accessand/or operate Your Account through Our eBanking services.“Standard Rate” means the interest rate We charge from time to timeunder this name as set out at Condition 3.3. “Strong Customer Authentication” means authentication based ontwo or more elements that are independent. The elements are (a)something that You know (b) something that You possess and (c)something that is inherent to You. A full definition is set out in thePayment Services Regulations;“Third Party Provider” [“TPP”] means an independent provider ofservices which can offer Account Information Services and/orPayment Initiation Services to You, or which issues instruments formaking Card Based Payments out of Your Account.“Transaction” means Cash Advances, Balance Transfers andPurchases which You or any Additional Cardholder makes using theCard or Card details.“Website” means danskebank.co.uk.

2. Operations on Your Account2.1 We will open an Account in Your name and We will send You

a Card and a PIN after Your Agreement has been signed andreturned to Us. At Your request at any time during theAgreement We will send a Card and a PIN to any AdditionalCardholder. Only You, and not any Additional Cardholder, willbe entitled to request changes to Your Account and to askfor details of Your Account.

2.2 We will charge to Your Account all Transactions and allother amounts You must pay under this Agreement.

2.3 In order for payments to be made using the Card, aCardholder’s consent will be required. The consent requiredwill vary according to the type of payment:

(a) To withdraw cash via a cash machine, the PIN will berequired. To purchase an item face to face either the PINor the Cardholder’s signature will be required.


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(b) The Cardholder can use the Card, if it bears theContactless Indicator, to make a payment in certain retailoutlets by holding the Card close to a Point of SaleTerminal which has contactless functionality enabled. Inthese circumstances, the payment will be authorised bythe Cardholder when the Cardholder places the Cardwithin approximately 4 cm of the contactless terminal andwithout either inserting the Card into the contactlessterminal or entering a PIN. As a security feature,occasionally the Cardholder will be asked to insert theCard into the terminal and enter a PIN in order tocomplete a Transaction. A Spending Limit, as set out inthe Schedule, applies to contactless transactions. If theCardholder does not want to be able to make contactlesstransactions then the Cardholder should contact Us andWe will issue a Card which does not have thisfunctionality;

(c) If making a purchase by telephone or over the internet, theCard details will be required. The 3-digit security codefrom the reverse of the Card may be also required toauthorise the payment;

(d) If a Cardholder uses the Card to place an order on theinternet with an organisation that participates inMastercard SecureCode™ or Mastercard Identity Check™(designed to prevent fraud) the Cardholder will be askedto use Our Danske 3D Secure service. The Card isautomatically enrolled for use with the Danske 3D Secureservice. The Cardholder agrees that the Danske 3DSecure Terms and Conditions will apply in relation to theCardholder’s use of the Card to place an order on theinternet with a Supplier that participates in MastercardSecureCode™ or Mastercard Identity Check™. TheCardholder authorises such a Transaction on the internetin the way set out in the Terms and Conditions for Danske3D Secure. The Cardholder agrees that this will requirethe registration of the Cardholder’s mobile phone numberwith the Bank. If the Cardholder does not accept theDanske 3D Secure Terms and Conditions then as part ofOur fraud prevention measures, We may not authorisefurther Transactions on the internet with participatingorganisations. Details of the Danske 3D Secure Termsand Conditions are available in Our branches, bytelephoning 0370 8502481 or Intl +44 28 90049201and selecting option 2, or on Our Website. It will normallytake from one to seven days for a Transaction to reachYour Account, although in some cases this may takelonger;

(e) The Cardholder can use the Card (with the PIN - ifrequired) when the Cardholder is authorising theRecurring Transaction at a point of sale terminal toauthorise a Recurring Transaction. In thesecircumstances the Cardholder is giving consent to theMerchant to make each Recurring Transaction withoutthe need for the Merchant to seek repeat authorisations.Typically this method of payment can be used for


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subscriptions for gym memberships, magazines, mobilephone services and other regular subscriptions. TheMerchant should make the terms under which paymentswill be requested by way of Recurring Transaction clear tothe Cardholder. A Recurring Transaction is not a DirectDebit and the Cardholder will not have the protections ofthe Direct Debit Guarantee Scheme in respect of anyRecurring Transactions which are made from theAccount. If the Cardholder wishes to cancel a RecurringTransaction then the Cardholder should inform Us nolater than 3.30pm on the Business Day before theMerchant requests an authorisation for the next paymentto be taken from the Account. If any further payments aretaken from the Account after that date under theRecurring Transaction authority then We will immediatelyrefund these to You on request. We also recommend thatthe Cardholder contacts the Merchant and gives notice ofwithdrawal of consent to any further payments beingmade from the Account under the Recurring Transactionauthority. This will not cancel the agreement with theMerchant but it will cancel the payment authority.

If You can show Us that You did not authorise a RecurringTransaction or that You gave notice to the Merchant thatit was cancelled then We will immediately refund anypayments that were taken from Your Account, withoutYour authority, after that date;

(f) The Cardholder can use the Card or Card details with orwithout the PIN - as required to authorise a payment outof Your Account where the exact amount that will bedebited is not known at the time of authorisation (forexample, when hiring a car or reserving a hotel room).

Provided that both the Merchant and You are in theEuropean Economic Area; (i) You may apply for a refund from Us within eight weeksof the date the payment was taken from Your Account, ifthe amount exceeds what You would reasonably haveexpected in all the circumstances. In order to process arefund request We may require the Cardholder toprovide Us with additional information. We will eithermake the refund or provide You with Our reasons forrefusing to make the refund within 10 Business Days ofreceiving Your request or within 10 Business Days ofreceiving such additional information as We haverequested from You. You will not be entitled to a refundunder this Condition 2.3(f) where the amount exceedsYour expectations solely due to a change in the exchangerate charged for Transactions on Your Account or whereYou provided consent directly to Us for that payment tobe made and (if applicable) details of the amount of thepayment had been provided or made available to You (forexample, by way of a statement) for at least 4 weeksbefore the date it was due; and:(ii) in respect of any parts of the transaction which takesplace in the European Economic Area We will not blockfunds on Your Account unless the Cardholder hasauthorised the exact amount of the funds to be blocked.


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We will release the blocked funds without undue delayafter becoming aware of the amount of the Transactionand, in any event, immediately after receipt of thepayment order. If You use a dif ferent means of paymentto settle the account, We may not be aware that theoriginal blocking should be released.

(g) If You are registered for Our eBanking Service You canmake an Electronic Payment out of Your Account. You giveYour consent by using Your Electronic Signature inaccordance with the Special Terms and Conditions foreBanking and Electronic Signature.

In particular, We are liable only for the execution of thepayment transaction in accordance with the Sort Code andAccount Number, or where applicable the BIC and IBAN, forthe Payee’s bank account that You provided with thepayment instruction. This is the case even though You mayhave given Us additional information about the Payee;

(h) To make any other type of Transaction using the Card, Youwill give Your consent by following the instructions givento You by Us or by the relevant Merchant.

2.4 Third Party Providers (TPPs) All references to You in this Condition 2.4 include an

Authorised User with an Electronic Signature to accessYour Account. If You do not want an Authorised User toaccess Your Account using TPP services, then You mustcontact Us.

(a) You can use TPP services to initiate payments out of YourAccount, aggregate Your Account information and tomake conf irmation of funds requests, if You areregistered for eBanking and have an Electronic Signatureto access Your Account. You must have an ElectronicSignature that allows You to make payments out of YourAccount to use Payment Initiation Services.

The following types of TPP services are currentlyavailable on Your Account:

Account Information Services These services allow You to consolidate information

about dif ferent payment accounts to review Your overall (aggregated) f inancial position. Further

information about using TPP services is set out atCondition 2.4 (c)(i).

Payment Initiation Services These services help You to make a range of online

payments out of Your Account. Further information aboutusing TPP services is set out in Condition 2.4 (c)(ii).

Card Based Payment services Some TPPs may issue instruments for making Card

Based Payments out of Your Account. These TPPs canask Us to conf irm whether an amount needed for apayment using a card they have issued is available in YourAccount. Further information about how We will respondto such requests is set out at Condition 2.4 (c)(iii).

(b) Before using the services of any TPP You must besatisf ied that that it is authorised and regulated by theFCA or another European Regulator..


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Further information about TPPs is available on OurWebsite at danskebank.co.uk/open-banking.

If You consent to a TPP accessing Your Account We willask You to authenticate any requests that We receive byentering Your Electronic Signature when asked to do so.You will do this on a secure Danske Bank webpage – thiswill not be the eBanking log on page. By entering YourElectronic Signature, You give Us Your consent to provideinformation to that TPP, make a payment they haveinitiated or respond to a conf irmation of funds request –whichever applies.

(c) Using TPP services (i)If You consent to a TPP accessing Your Account for the

purposes of providing Account Information Services, Wewill treat a request for information about Your Accountfrom that TPP in the same way as a request receiveddirectly from You, unless We have reason to believe thatthe request is unauthorised or fraudulent. Anyinformation You have recorded on Your Account, includinginformation about all of the Account Holders and/or anythird parties will be made available to that TPP.

We will require You to update Your consent to a TPPproviding You with Account Information Services throughthe Open Banking APIs at least every 90 days.

(ii)If You consent to a TPP accessing Your Account for thepurposes of providing Payment Initiation Services, Youwill need to conf irm the details of the payment, includingthe Sort Code and Account Number or, where applicablethe BIC and IBAN, of the Payee and also the amount of thepayment. When You conf irm these details, We willprocess the payment as set out in the Payment Table.

Any payment out of Your Account using a TPP service willbe made from the Account as a credit transfer eventhough the Account is one on which You have been issuedwith a credit card from Us.

(iii) We will conf irm whether an amount needed for a CardBased Payment out of Your Account is available when thisinformation is requested by the card issuer if:

(1) Your Account is accessible online at the time Wereceive the request; and:

(2) Before We respond to the f irst request from the cardissuer, You have given Us Your consent to do so.

When We receive the f irst conf irmation of funds requestfrom a card issuer, We will ask You to authenticate thatrequest. We will show You all the information relating tothe request, including who has made it, the Account itrelates to and the date on which Your consent for Us torespond to such requests from that card issuer willexpire, if any. We will then ask You to conf irm Yourconsent before We respond to the request. We will onlyrespond with a ‘yes/no’ answer about the availability offunds in a particular account to cover the amountspecif ied in the request. We will not provide details ofYour Account balance or block funds on Your Account forpayment. We will continue to respond to conf irmation of


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funds requests made by that particular card issuer untileither Your consent expires, or You revoke it, whichever isthe earlier. You can view Your conf irmation of fundshistory and revoke Your consent to Us responding toconf irmation of funds requests in eBanking or bycontacting Your Branch.

(d) (i) If a TPP accesses Your Account using the Open BankingAPIs, You can withdraw Your consent to such accesseither directly with the TPP by following its procedures, ineBanking or by contacting Your Branch.

(ii) You cannot withdraw Your consent to a TPP accessingYour Account where information has already beenprovided, a payment has been made or a conf irmation offunds request has been responded to.

(iii) We will only revoke a TPP’s access to Your Account ifWe believe its access to be unauthorised or fraudulent, orif We become aware that it is no longer authorised orregulated by an appropriate authority.

(iv) If You believe that We have breached any of Ourobligations in relation to a TPP having accessed YourAccount then You should contact Us. We will only be liablefor any loss that You have suf fered as a result of Ushaving broken any of Our obligations. We are notresponsible for any loss You have suf fered where the TPPhas breached its obligations under the Payment ServicesRegulations.

(v) We will not be responsible to You under Condition 2.4(c) where any failure on Our part was due to (i) abnormalor unforeseeable circumstances beyond Our control, theconsequences of which would have been unavoidabledespite all Our ef forts to the contrary or (ii) Our obligationto comply with any other provision of applicable laws.

2.5 Once consent to a Transaction is given, and the Transactionhas been authorised, it cannot normally be stopped. Howeverif You dispute a Transaction the Merchant must be able toprove that the Transaction took place. If a Cardholderdisputes a Transaction the Cardholder must provide Us withfull details including the reasons for the dispute. We willinvestigate the claim. In certain cases it may be possible forUs to attempt to chargeback the Transaction under the cardscheme rules. Chargeback does not give You any rights orprotections and an attempt to chargeback a Transaction isnot guaranteed to be successful. It is important that theCardholder lets Us know about the disputed Transaction assoon as possible. We can only attempt a chargeback requestwithin 120 days from the date that the Transactionappeared on the Account. If the payment has beenprocessed as a credit transfer and not a Card payment outof Your Account then this Condition 2.5 will not apply andthe provisions of Condition 8 will apply instead.

The chargeback provisions of the Card scheme rules do notaf fect Your statutory rights under Section 75 of theConsumer Credit Act 1974. Further information on Section75 of the Consumer Credit Act 1974 is set out in Condition25.4(b).

2.6 You will be responsible for all operations on Your Accountwhich You, any Additional Cardholder or Authorised User


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authorise, whatever the manner of such authorisation.2.7 If You exceed Your Credit Limit You must immediately repay

any excess to Us. When calculating whether the Credit Limithas been exceeded We will take into account any otherTransactions We have paid or authorised for payment fromYour Account. If You provide Your mobile phone number Wewill send You a text message to alert You if the balance onYour Account is getting close to the Credit Limit. If You donot wish to receive these text messages then please contactUs and We will record this on Our systems.

We cannot guarantee the availability or successful deliveryof text messages – for example, if Your device is switched of for lacks signal or data connectivity.

2.8 You will be responsible for all indebtedness created by anAdditional Cardholder as if their Card or PIN had beenissued to and used by You. You can at any time ask Us tocancel any Additional Card but You will remain responsiblefor its use until it is returned to Us and You have repaid allindebtedness incurred by its use.

2.9 When writing a letter of cancellation to a Merchant,remember to sign and date the letter, quote Your full Cardnumber and always keep a copy as evidence of cancellation.You should ask for and obtain written acknowledgement fromthe Merchant that the payment authority has beencancelled. You should also ensure that You give adequatenotice of cancellation before a payment is due. If Your Cardnumber changes, for whatever reason, You must inform theMerchant of Your new Card number.

2.10 The APR and Total Amount Payable detailed in YourAgreement are illustrative f igures calculated on the basis ofthe following assumptions:(i) this Agreement remains in force and You and We fulf il

Our respective obligations under this Agreement;(ii) You carry out an immediate single Transaction of the

same value as Your Credit Limit;(iii) the credit is provided for one year;(iv) You repay the credit in twelve equal instalments together

with the annual fee (if any) for Your Package and interestcharged at the Standard Rate (regardless of anyIntroductory Rate or Limited Period Rate that is grantedto You);

(v) the Standard Rate is the rate set out in this Agreement;(vi) there is no variation to the Standard Rate or any charges

applicable to this Agreement; and(vii) You do not incur any charges (other than any annual fee

(where applicable)).2.11 You and every Additional Cardholder must at all times use

the Card only in accordance with the provisions of thisAgreement.

3. Financial and Related Details3.1 We will set a Credit Limit for Your Account and tell You what it

is when We open Your Account. Your initial Credit Limit is asstated in Your Agreement. We can change Your Credit Limit atany time and will let You know about the change. We willreduce Your Credit Limit at any time if You ask Us to. You cancontact Us at any time if You want to opt out of receiving Credit


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Limit increases. You can ask Us to increase Your Credit Limitand We will consider this when We have made the appropriatechecks.

3.2 You must make a minimum payment to Us each month (unlessthe balance for that month is £5 or less, in which case thebalance will be carried forward to Your next statement and nointerest will be charged on that balance for that month). If apayment is due to Us or there is an outstanding balance, We willsend You a statement showing the minimum payment and thedate by which You must pay it (which will be 28 days after thestatement date). The minimum payment will be 3% of the currentbalance shown on Your statement, or the total of interest anddefault charges shown on Your statement plus 1% of the currentbalance (less interest and default charges), or £5, whichever isthe greater. In addition to any minimum payment due, You mayrepay early the balance on Your Account, in part, or in full, at anytime. If You have missed any payments under this Agreementand/or the current balance exceeds the Credit Limit, then thosemissed payments (sometimes called the outstanding balance)and/or that excess (sometimes called the overlimit) may beadded to the minimum payment (sometimes called the agreedpayment) and included within the minimum payment requiredshown on Your statement.

3.3 The interest rates for Transactions on Your Account are asfollows:(a) The following rate will apply on Transactions, subject to (b)

to (d) below:(i) Mastercard Platinum 14.91% per annum (variable) (the

"Standard Rate")(ii) Mastercard Gold 15.94% per annum (variable) (the

"Standard Rate")(iii) Mastercard 24/7 15.94% per annum (variable) (the

"Standard Rate")(iv) Mastercard Standard 22.85% per annum (variable) (the

"Standard Rate")(v) Mastercard Standard Plus 15.94% per annum

(variable) (the "Standard Rate").(b) If We tell You in writing when We open Your Account that

You are being given an Introductory Rate then for the firstfive months from that date (the “Introductory Period”) Wewill charge You interest at the Introductory Rate of 0% perannum on Purchases and Balance Transfers. TheIntroductory Rate will be shown on Your statements.We will tell You in writing when the Introductory Rate isabout to come to an end. At the end of the IntroductoryPeriod You will automatically start paying interest onPurchases and Balance Transfers and any accrued balanceof any Purchases and Balance Transfers made during theIntroductory Period at the Standard Rate (or otherapplicable rate).

(c) We may from time to time and for any period grant You aLimited Period Rate for any of Your Purchases, BalanceTransfers and/or Cash Advances, being a lower interestrate than the Standard Rate. When We do this We willnotify You, either on Your statement or by writing to Youdetailing what the rate has changed to and, whereapplicable, for what period. At the end of any such periodthe rate or rates will revert back to the Standard Rate and this will also apply to any accrued balance. Where no


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period has been fixed We may still change the rate back again at any later date. If We do this We will write to You totell You.

(d) The interest rates under this Agreement are variable: Wemay change interest rates in the circumstances set out in(c) above and We may vary the interest rates in accordancewith Condition 4.1. The applicable rates will be shown inYour statements.

3.4 Interest charges are calculated and applied as follows:(a) We will charge interest on the daily balance outstanding on

Your Account but We will not charge interest forTransactions made during the period covered by astatement other than Cash Advances. Interest will becharged on the amount of each Cash Advance from thedate Your Account is debited with the Cash Advance untilthe date that the Cash Advance is fully repaid. If You do notrepay the whole balance on the Account by the datereferred to in Your statement then interest will be chargedon the daily balance outstanding on Your Account from thisdate. Interest will be added to the Account on thestatement date. Interest will be charged on unpaid interestat the rate for the Transaction for which it became due.

(b) If You repay the whole balance on the Account by close ofbusiness on the day mentioned in Your statement (whichwill be 28 days after the statement date), no interest will becharged for Transactions made during the statementperiod other than Cash Advances (including in the case of anon-sterling Cash Advance any non-sterling transactionfees or cash fees, or in the case of a sterling Cash Advanceany cash fee, as referred to in Conditions 3.6 and 3.7). Wewill not pay any interest to You or make any allowance forany credit balance on Your Account.

(c) Interest will be charged at the applicable rate under thisAgreement before and after any court judgment.

(d) As a concession to You, We may offer You the option not tomake the minimum monthly payments from time to time(“Payment Holiday”). But if We do this, interest will continuebeing charged on the outstanding balance of Your Accountduring the Payment Holiday. You can of course still makepayments of any amount You wish during a PaymentHoliday period.

3.5 For calculating interest on outstanding amounts We willallocate payments We receive in the following order:• towards balances on which interest is charged at the

Standard Rate;• towards balances on which interest is charged at any rate

which is less than the Standard Rate; and• towards balances on which interest is charged at 0%. Within each of the above three categories, payments which arenot sufficient to satisfy completely the whole of the applicablecategory will be allocated to satisfy the part of that categorycarrying a higher interest rate before the part of that categorycarrying a lower interest rate.

3.6 Non-sterling transactions(a) A non-sterling transaction is a Transaction where You have not

opted to pay in sterling (either at the point of sale or the cashmachine) and We then convert the Transaction amount intosterling before We debit Your Account. We will convert into


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sterling the amount of a non-sterling transaction at a ratedetermined by Us for the relevant currency (known as the"Danske Bank Card Exchange Rate (UK)"). The Danske BankCard Exchange Rate (UK) is the Payment Scheme ReferenceExchange Rate which is applied on the date that theTransaction was received by the Payment Scheme. This rate issubjected by Us to average weighting so that the exchange rateused for all Transactions processed by Us on that date isequalised. Transactions can be processed by Us on non-Business Days. The statement 'entry date' for a Transactionthat is processed on a non-Business Day will be the nextBusiness Day. We will apply the Danske Bank Card ExchangeRate (UK) when the Transaction is processed by Us. ThePayment Scheme Reference Exchange Rate is the exchangerate set by Mastercard and which is prevailing at the time YourTransaction was received by the Payment Scheme.You can find out the Danske Bank Card Exchange Rate (UK) forthe relevant currency from Our Website atdanskebank.co.uk/travelmoney. The rates displayed arehistorical and are therefore indicative only for the purposes ofcalculating the rate that You will be charged for a non- sterlingtransaction that has not yet been processed by Us. Daily ratef luctuations will occur. The Danske Bank Card Exchange Rate(UK) for the relevant currency will be adjusted by adding a non-sterling transaction fee of 2.75% of the value of theTransaction. The adjusted rate will be the rate that appears onYour statement. Your statement will also display the amount ofthe non-sterling transaction fee.In addition You will be charged a cash fee for any non-sterlingCash Advances made using Your Card. If a non-sterlingtransaction is refunded to Your Account We will use theDanske Bank Card Exchange Rate (UK) for the relevantcurrency to calculate the amount of the refund. You will nothave to pay any non-sterling transaction fee or cash fee inrelation to the refund. We will not refund any non-sterlingtransaction fee or cash fee that You were charged in respect ofthe original Transaction.

(b) When You authorise a non-sterling transaction We reserve theamount of the Transaction against the available balance onYour Account. This means that Your available balance isimmediately reduced by the amount of the Transaction. Whenthe currency conversion takes place the amount debited toYour Account may differ from that which was reserved, inaccordance with Condition 3.6(a) above. The non-sterlingtransaction fee and any cash fee will be debited to YourAccount and the Entry Date on Your statement will be thesame date as the non-sterling transaction is debited to YourAccount.

3.7 For Cash Advances, a cash fee of 2.75% (minimum £2.75) ofthe amount of the Cash Advance will be debited to YourAccount on the same date as the Cash Advance is debited toYour Account. This will be in addition to any non-sterlingtransaction fee payable under Condition 3.6(a) or Condition3.6(b) if the Cash Advance is a non-sterling transaction. Therewill be a maximum daily limit on Cash Advances via cashmachines. We will advise You of this limit from time to time.

3.8 If You make a payment to Us in a non-sterling currency We willconvert the amount to sterling at Our applicable Danske Bank


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Exchange Rate (UK) from time to time and there will be a feefor this. The fee will be the standard fee charged by the Bankfor this service from time to time, which varies depending onthe amount being converted.

3.9 We may add to or change any of these fees or service chargesat any time in accordance with Condition 4 below.

4. Variation of Fees, Service Charges, Default Charges andInterest and Changes to the Agreement

4.1 We may vary the interest rates applicable to the Card inaccordance with Condition 3.3. We may also vary any of theinterest rates for any of the reasons set out at 4.2(a) below. Inaddition We may;(i) vary any of the following - fees, service charges or default

charges, (including the introduction of a fee, service chargeor default charge, or the variation of the frequency and/ortime for payment of any such fee, service charge or defaultcharge under this Agreement); and/or

(ii) add to, remove or change the number of or nature ofbenefits which are offered to You with Your Card; and/or

(iii) vary this Agreement generally for any of the reasons setout in Condition 4.2(b).

4.2(a) Changes to Interest RatesIn addition to Our right to vary the interest rate underCondition 3.3, We may vary the interest rates for any of thefollowing reasons:(i) by agreement with You;(ii) to reflect the introduction or development of new systems,

methods of operation, services or changes in technology (includingexpected changes) provided that the change is a reasonableresponse to the underlying reason for the change;

(iii) to maintain or improve operating conditions or service levels;(iv) to reflect the genuine increased costs of providing credit to our

credit Card customers including for example the cost ofintroducing, developing, running and/or maintaining systems andservices;

(v) to respond reasonably to a change in the risk presented by aCardholder or a group of Cardholders;

(vi) to respond reasonably to legal or regulatory changes. This wouldinclude:· Changes in general law or decisions of the Financial

Ombudsman Service,· Changes in regulatory requirements,· Changes in industry guidance and codes of practice which

raise standards of consumer protection;(vii) to ensure that Our business as a whole is profitable and that Our credit

Card products and charging structure enable Us to achieve Ourbusiness and strategic objectives (which are set internally) - providedthat any such change is reasonable and does not result in a Cardholderbeing treated unfairly;

(viii) to make these Special Terms and Conditions fairer or clearer for Youprovided that any such change does not materially alter the Agreementthat You have entered into with Us;

(ix) to make changes and improvements to Our products, services orcharging structures where the changes are of benefit to You or wherethe changes make it easier for You to manage Your Account; or wherethe changes provide You with alternative or more cost effective ways tomanage Your Account;


14

(x) for a reason not set out herein but otherwise expressly notifiedto You in writing provided that the reason is a reasonableresponse to the underlying reason and strikes a fair balancebetween Our legitimate interests and Your own interests.

We will give You at least 60 days' written notice before anyinterest rate increase takes effect. You will have the right toreject any interest rate increase and end this Agreement inaccordance with Condition 14.1 within 60 days of the date ofthe notice of increase in interest rate although You will still haveto pay all sums due under the Agreement and interest duethereon (at the existing rate) in accordance with the terms ofthe Agreement. We may give this notice in Your statement. IfWe decrease the interest rate We can do so immediately. Wewill notify You within 30 days of the change taking place bywriting to You, by sending You a message electronically whereYou are registered to receive documents from Us in Yourelectronic mailbox or by including this information on Yourstatement and by putting a notice on Our Website.

4.2 (b) Change to fees, service charges, default charges and theAgreement generally.We may make any of the changes referred to at 4.1(i), (ii) and (iii) for any of the following reasons:(i) by agreement with You;(ii) to ref lect the introduction or development of new systems,

methods of operation, services or changes in technology(including expected changes) provided that the change is areasonable response to the underlying reason for thechange;

(iii) to maintain or improve operating conditions or servicelevels;

(iv) to respond reasonably to any change or expected change inmarket conditions, general banking practice or the cost ofproviding services to customers;

(v) to respond reasonably to legal or regulatory changes. Thiswould include:• changes in general law or decisions of the Financial

Ombudsman Service,• changes in regulatory requirements,• changes in industry guidance and codes of practice

which raise standards of consumer protection;(vi) to ref lect changes to payment systems or the Card

schemes;(vii) to ensure that Our business as a whole is profitable and

that Our product range and charging structure enables Usto achieve Our business and strategic objectives (whichare set internally) - provided that any such change isreasonable and does not result in a Cardholder beingtreated unfairly;

(viii) to make Your Agreement fairer or clearer for You providedthat any such change does not materially alter theAgreement that You have entered into with Us;

(ix) to make changes and improvements to Our products,services or charging structures where the changes are ofbenefit to You or where the changes make it easier for Youto manage Your Account; or where the changes provide Youwith alternative or more cost effective ways to manageYour Account;

(x) for any other valid reason which is not specified in thisCondition 4.2(b) provided that the change is a reasonable


15

response to the underlying reason for the change.4.3 If We make any changes to the terms of the Agreement under

Condition 4.2(b) which are to Your detriment We will give Youwritten notice of the changes at least 30 days before thechanges come into effect. At any time up to 60 days from thedate of such notification You may end this Agreement inaccordance with Condition 14.1 without having to pay anyextra fees, service charges or default charges, although Youwill still have to pay all sums due under the Agreement andinterest due thereon in accordance with Condition 14.4. TheBank may make any other change immediately and notify Youabout it by writing to You, by sending You a messageelectronically if You are registered to receive documents fromUs in Your electronic mailbox or by advertisement in thenational press and by putting a message on Our Website in allcases within 30 days of the change taking effect.

4.4 If We make a major change or a lot of minor changes in anyone year, We will give You a copy of the new Terms andConditions that apply to this Agreement or a summary of thechanges. A copy of the up to date Terms and Conditions isavailable on Our Website.

4.5 If any of the provisions of Conditions 4.1 and/or 4.2 becomeinvalid, illegal or unenforceable such invalidity, illegality orunenforceability shall not affect the remaining provisions.

4.6 We may from time to time, in particular circumstances and forparticular periods, offer discounts or rebates on certainTransactions. If We do offer such discounts or rebates thenWe will tell You what they are and how they will work. We maywithdraw any such offer at any time.

5. The Card5.1 The Card will be valid for the validity period shown on the Card

(unless this Agreement ends before the end of that period).Cardholders must only use their Card whilst it is valid. If aCardholder does not use a Card for a period (determined atOur discretion) We may choose not to issue a replacementCard when it expires and We can ask for it to be returned orWe can ask others to hold on to it for Us at any time.

5.2 The Card remains Our property and can be recalled by Us atany time. We may replace a Card with another Card issued byUs and change Your account number at any time if We giveYou reasonable notice.

5.3 The Card must not be used for any illegal purpose.5.4 If the Card is lost, stolen or ceases to function properly, We

will, on the request of the Cardholder, issue an EmergencyCard or Emergency Cash to the Cardholder. An EmergencyCard or Emergency Cash can be requested by telephoning (24hours) 0800 032 4368 (if outside the United Kingdom, pleasecall +44 800 032 4368).We aim to provide an Emergency Card or Emergency Cashwithin 48 hours of contact. The Emergency Card will not beissued with a PIN and the Cardholder’s existing PIN will notfunction. This means You will need to sign for any CardTransaction. The Emergency Card will be valid for a maximumperiod of three months from the date of issue and theCardholder will be issued with a replacement Card as soon aspossible. We will charge a fee for the Emergency Card(currently £20) or Emergency Cash (currently £20) which willbe debited to Your Account. The amount of these fees may bevaried from time to time in accordance with Condition 4.


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5.5 If you request a replacement Card (other than an EmergencyCard) which is not a renewal on expiry, We will charge areplacement Card fee (currently £7) which will be debited toYour Account. The amount of this fee may be varied from timeto time in accordance with Condition 4.

6. Keeping the Card and Personalised Security CredentialsSafe

6.1 The Cardholder must only use the Card and PIN in accordancewith these Terms and Conditions. Where We have issued theCardholder with Personalised Security Credentials to use theCard or to access the Card Account, the Cardholder mustfollow the steps that We have set out in Condition 6.4 to keepthose Personalised Security Credentials safe. If theCardholder suspects that their Personalised SecurityCredentials may have been lost, stolen or otherwisecompromised then the Cardholder should contact Us as setout in Condition 7.

6.2 Cardholders must sign their Card as soon as they receive it.6.3 The Cardholder must never allow anyone else to use the Card

issued to him / her or the PIN or Card number. If You want toauthorise someone else to have a Card on the Account thenYou can ask Us to issue a Card to that person. You will remainliable for any Transactions that are made using any Card thatis issued on the Account.

6.4 The Cardholder must at all times take reasonable steps tokeep the Card safe and the PIN secret. The Cardholder must:(a) Never post the Card to anyone – not even to Us – without

firstly cutting the Card vertically through the magneticstripe and the electronic chip on the Card;

(b) Never respond to an email, SMS or telephone request,even where this appears to be from Us, which asks You orthe Cardholder to enter or provide the Card details and/orPIN. We will never send You an email, SMS or telephoneYou to seek this information. If You receive an email, SMSor a telephone call of this nature then it is likely to befraudulent;

(c) Never give the Card to anyone else. When making aTransaction the Cardholder should retain control of theCard at all times;

(d) Never tell the PIN to anyone else, not even the police, orBank staff;

(e) Never write the PIN on the Card or on anything usuallykept with it. If the Cardholder writes these down then theymust take reasonable steps to disguise them;

(f) Always ensure that when using a key pad to enter the PIN(e.g at a cash machine or in a shop), that the Cardholdertake steps to cover and conceal the PIN, even where thereis no one else present;

(g) Never enter the Card details (e.g. the Card Number, ExpiryDate etc.) on a website, App or similar application, thatstores those details unless the Card details are passwordprotected and/or individual payments require furtherconfirmation or authorisation before being taken from theCard;

(h) Take reasonable steps when using the Card details onlineto ensure that the website the Cardholder is using is safee.g. only use websites where the URL line begins withhttps:// and where the padlock symbol is displayed;


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(i) At all times exercise care with the storage and disposal ofany information about the Card, for example, statementsand receipts. The Cardholder should take simple steps suchas shredding printed material before disposing of it;

(j) Destroy the PIN notification as soon as the Cardholderreceives it;

(k) When changing the PIN, ensure that all reasonable care isexercised. In particular, the Cardholder should ensure thatthe PIN does not contain a combination of numbers whichmay be easy to guess (for example, birthdays, consecutivenumbers, etc). The Cardholder can change the PIN to anumber that is more memorable, or unlock their PIN byaccessing the PIN Management Services option on thosecash machines which have been authorised to offer thisfacility. If there is a disputed Transaction on Your Card Wewill take into account whether the Cardholder has compliedwith this Condition 6.

7. Loss or Misuse of Card7.1 Should a Card be lost or stolen or for any other reason liable to

misuse, or should the Personalised Security Credentialsbecome known to a person not authorised under thisAgreement, the Cardholder must immediately notify DanskeBank Card Services, PO Box 4509, Belfast, BT1 6JS, or call(24 hours) 0800 032 4368 (if outside the United Kingdom,please call +44 800 032 4368) or any branch of the Bank.We may ask a Cardholder to confirm loss of a Card in writing.We will accept initial advice of the loss or theft of a Card froma card notification organisation e.g. Sentinel® Card Protection,subject to the Cardholder confirming this in writing to Us.

7.2 If the Card is used by another person before You have notifiedUs in accordance with Condition 7.1 above, You may be liablefor ALL losses incurred where the Card has been used by aperson who acquired possession of or uses it with Your or anyother Cardholder’s knowledge or consent. See Condition 8.5 fordetails of limitations on Our liability to You.

7.3 Subject to the provisions of Condition 9, You will not be liablefor losses resulting from use of the Card (other than where theCard was used by a Cardholder) after You have reported theloss, theft or misappropriation of the Card to Us in accordancewith Condition 7.1 above. Subject to Conditions 7.2 and 7.4,We will bear the full losses in the following circumstances:(a) in the event of misuse when We have sent the Card to a

Cardholder and the Cardholder does not receive it, due topostal delay or other reasons outside the control of theCardholder;

(b) in the event of unauthorised Transactions after We havehad effective notification that a Card has been lost, stolenor that someone else knows or may know the PIN orPassword;

(c) if someone else uses Card details without the Cardholder’spermission and the Card has not been lost or stolen;

(d) if a Cardholder suffers direct loss as a result of machine orsystems failure, unless the fault was obvious or brought tothe Cardholder’s attention by notice or displayed message.

7.4 Subject to the provisions of Condition 8, Our liability is limitedto those amounts wrongly charged to the Account and anyinterest on those amounts. Nothing in the Agreement shallexclude or restrict the Bank’s liability for fraudulent


18

misrepresentation by the Bank, its employees, officers oragents or for death or personal injury resulting from thenegligence of the Bank, its employees, officers or agents.

7.5 If there is a disputed Transaction on a Card Account,Cardholders must co-operate with Us in Our investigations.Cardholders must give Us all the information they haveregarding the circumstances of the loss, theft or misuse of aCard or the disclosure of the Personalised SecurityCredentials. Cardholders will take all the steps reasonablyconsidered necessary by Us to help recover the missing Card.If We suspect that a Card has been lost, stolen or might bemisused, or that the Personalised Security Credentials havebeen disclosed, We can give the police any information theythink is relevant. Once a Cardholder has reported that a Card islost, stolen or might be misused the Card must not be usedagain. In the case of a Card it must be cut in half across themagnetic stripe and the chip and immediately returned to Us atthe address in Condition 7.1.

7.6 Where more than one Card has been issued under thisAgreement, the provisions of this Condition 7 apply to eachCard separately.

8. Our Liability to YouWhere You instruct Us to make a payment or a series ofpayments from Your Account, it is Our responsibility to ensurethat We carry out Your instructions in accordance with theseterms and conditions. If We fail to meet any of Our obligationsunder this Condition 8 then You can make a claim as set out inCondition 8.3.

8.1 Our Obligation to execute a payment request and to do socorrectlyOur obligations under this Condition 8.1 only apply where boththe Payer and the Payee are in the European Economic Area(the “EEA”). In all other circumstances Our obligations underthis Condition 8.1 only apply to those parts of the Transactionwhich take place in the EEA.

(a) We are responsible for making sure that We execute apayment and that We do so in accordance with the consentthat You have given Us as set out in Condition 2.3 or 2.4(whichever applies). If We can prove to You that We executedthe payment correctly in accordance with Your instructionsthen We will not be liable to You for any loss that You may haveincurred. In these circumstances the Payee’s bank is liable tothe Payee for the correct execution of the payment and mustcredit the Payee’s account immediately and make the fundsimmediately available to the Payee.

(b) Where You request Us to We will immediately and withoutcharge make efforts to trace any non-executed or defectivelyexecuted payment transaction and notify You of the outcome.

(c) Subject to Condition 8.5, if we fail to meet Our obligations asset out in Condition 8.1(a) and as a result the payment is notmade or is made incorrectly We will refund the full amount ofthe payment to You and restore Your Account to the position itwould have been in had the mistake not occurred, or ifapplicable, We will re-transmit the payment order to thePayee's bank. We will be liable to You for any charges for whichYou became responsible and any interest You had to pay as aresult of Our mistake.

(d) Where the payment was initiated through a TPP We will refundthe full amount of the payment to You and restore Your Account


19

to the position it would have been in had the mistake notoccurred as soon as We are made aware of the matter. We willbe liable to You for any charges for which You becameresponsible and any interest You had to pay as a result of themistake even where the mistake was made by the TPP. We areentitled to seek recourse from the TPP if the mistake wasattributable to the TPP. We may seek Your assistance where itis reasonable and necessary to do so in order to make such aclaim.

8.2 Our obligation to execute a payment request in accordancewith the timescales set out in the ScheduleOur obligations under this Condition 8.2 only apply to thoseparts of the payment transaction which take place within theEEA.

(a) We are responsible for making sure that We execute apayment request made by You whether as Payer or Payee inaccordance with the timescales set out in the Schedule. Wereserve the right to suspend or delay a payment either into orout of Your Account where We, acting reasonably, decide tocarry out further checks. This could happen, for example, whereWe suspect fraud. In these circumstances, if We decide afterinvestigation to make the payment then We will still complywith the timescales for execution of payments set out in thePayment Services Regulations.

(b) Subject to Condition 8.5, if we fail to comply with Our obligationset out in Condition 8.2(a) and the payment(s) is made laterthan the timescale set out in the Schedule then We willrequest the Payee’s bank to the Value Date the payment so thatit is no later than the date it should have been value dated hadthe payment been made in accordance with the timescales setout in the Schedule. We will do this whether the paymentrequest was made directly to Us (by You or the Payee) orinitiated through a TPP.

8.3 Our obligation to ensure that You have given Your consent to apayment out of Your Account Our obligations under this Condition 8.3 only applies to thoseparts of the payment transaction which take place in the EEA.

(a) We are responsible for making sure that a payment is notmade out of Your Account unless You have given Us Yourconsent in one of the ways set out in Condition 2.3 or 2.4(whichever applies). We are responsible for applying StrongCustomer Authentication before making a payment out of YourAccount where the Payment Services Regulations require Usto do so.

(b) Subject to Condition 8.5 if We fail to comply with Ourobligations as set out in Condition 8.3(a) We will refund the fullamount of the payment to You and restore Your Account to thestate it would have been in had the mistake not occurred. Wewill be liable to You for any charges for which You becameresponsible and any interest You had to pay as a result of Ourmistake.

(c) If the Payee or the Payee’s bank does not accept StrongCustomer Authentication in circumstances where We arerequired to apply Strong Customer Authentication and apayment is made out of Your Account which You have notconsented to then We will still refund You as set out inCondition 8.3(b) In these circumstances We are entitled toseek compensation from the Payee or the Payee’s bank. Wemay seek Your assistance where it is reasonable and


20

necessary to do so in order to make such a claim.8.4 How to make a claim under this Condition 8(a) You should contact Us as soon as You become aware that a

payment out of Your Account has been incorrectly executed,not executed, executed late or where You have not providedYour consent to make the payment.

(b) If Your claim relates to a payment that You say You have notauthorised We may ask You to complete and return a form toUs which will require You to give Us details about the payment.We will investigate the payment, make further enquiries andmay pass information about the payment to other third partiesincluding the police. We will only do this where it is necessaryand reasonable to investigate Your claim.

(c) If You are entitled to a refund under Condition 8.1(c), 8.1(d) or8.3, We will credit Your Account with the refund as soon aspracticable and in any event no later than the end of theBusiness Day following the day on which You have advised Usthat the payment was not executed, executed incorrectly orexecuted without Your consent.

(d) Even though We may have granted You a refund underCondition 8.3 if, following further investigation, We aresatisfied that You did give Your consent to make the paymentthen We will debit the refunded amount from Your Accountwithout the need for any further consent from You. We willcontact You to tell You the reasons for making the debit.

8.5 Limitations on Our Liability under this Condition 8 (a) We will not provide You with a refund under Condition 8.1(c),

8.1(d) or 8.3 where:(i) If Your Account was in credit at the time that the payment

was made, We have reasonable grounds to suspect thatYou: (a) have acted fraudulently; or(b) have, with intent or gross negligence failed to comply

with Your obligations as set out in Condition 9.(ii) If Your Account was in debit at the time that the payment

was made, We have reasonable grounds to believe thatYour Personalised Security Credentials were acquired bysomeone else (a third party) with Your consent and thatthird party is not a TPP who is authorised and regulated bythe FCA or another European Regulator.

(b) (i) We will not be responsible to You under thisCondition 8 where any failure on Our part was due to (1)abnormal or unforeseeable circumstances beyond Ourcontrol, the consequences of which would have beenunavoidable despite all Our efforts to the contrary or (2)Our obligation to comply with any other provisions ofapplicable laws.

(ii) We will not be responsible to You for the amount of anypayment transaction which occurs as a result of a fault inOur systems if the fault was obvious to You or You were toldabout it by a message or notice at the time of use.

(c) We are not liable to meet any of the requirements set out inthis Condition 8 where the payment transaction was based ona paper cheque of any kind including traveller’s cheques orbankers’ drafts.

(d) Provided that We have complied with Our obligations to YouWe are not liable to meet any of the requirements set out inthis Condition 8 where the payment transaction was mademore than 13 months before the date that You advised Us that


21

the payment was not executed, incorrectly executed, executedlate or was not authorised by You. However for any debit toYour Account which was made more than 13 months beforethe date of Your claim We may take longer, acting reasonably,to investigate Your claim before We decide whether or not tomake a refund.

(e) Any payments out of Your Account when You are usingeBanking or the Services of a TPP will be treated as credittransfers. This means that the provisions of this Condition 8will apply and We will not be able to make a claim under thechargeback provisions set out in Condition 2.5 nor can Youmake a claim under Section 75 of the Consumer Credit Act1974.

9. Your Liability to UsIf You have granted a Mandate to someone else You shouldensure that the Mandate holder is aware of Your obligationsunder this Condition and takes any necessary steps to enableYou to comply with Your obligations.

9.1 You must notify Us without undue delay, in one of the ways setout in Condition 9.2, after becoming aware of the loss, theft,unauthorised use of or where You believe that someone else,may have copied or become aware of any of the followingitems:• Your Card• Your PIN used with Your Card• Your Electronic Signature or any component part of it• Any means that We have provided to You for the purpose of

generating one time passwords• Your Access Code Number for 24 Hour Telephone Banking

ServiceNothing in this Condition prevents You from giving YourElectronic Signature to a TPP which is authorised andregulated by the FCA or another European Regulator. Beforegiving this information to a TPP You should satisfy yourselfthat the TPP is authorised and regulated by the FCA or anotherEuropean Regulator.

9.2 You can notify Us, under Your obligation set out in Condition9.1, by contacting Us. You can contact Us in one of the waysset out in Condition 7.1. We will keep a record of anynotification that You made to Us under this Condition 9.2 for aminimum period of 18 months and We will, on request, provideYou with a copy of this record. We will also prevent the use ofthe Personalised Security Credentials that You have notified toUs.

9.3 You must take all reasonable steps to keep Your PersonalisedSecurity Credentials and the items set out at Condition 9.1safe. This does not include the long card number or the expirydate which appears on the face of Your Card or the Sort Codeand Account Number for Your Account. We set out inCondition 6 the reasonable steps that You are expected to taketo comply with Your obligations to keep Your PersonalisedSecurity Credentials safe.

9.3(a) You will be liable for any losses that You suffer as a result of apayment being made out of Your Account which You have notauthorised where:(i) if Your Account was in credit at the time that the payment

was made, We have reasonable grounds to suspect thatYou:(1) have acted fraudulently; or


22

(2) have, with intent or gross negligence failed to complywith Your obligations as set out in Condition 9.

(ii) if Your Account was in debit at the time that the paymentwas made (or the transaction was made using the creditfacility on the Account), We have reasonable grounds tobelieve that Your Personalised Security Credentials wereacquired by someone else with Your consent and that thirdparty is not a TPP who is authorised and regulated by theFCA or another European Regulator.

9.4 Except where You have acted fraudulently You will not be liablefor any losses that You suffer as a result of a payment beingmade out of Your Account which You have not authorised inrespect of the following payments:(a) a payment that was made after You notified Us in

accordance with Conditions 9.1 and 9.2; or(b) You have been unable to notify Us because We failed to

provide You with a means to do so under Condition 9.2; or(c) where We are required under the Payment Services

Regulations to apply Strong Customer Authentication butWe have not done so; or

(d) the payment transaction was in respect of the purchase ofgoods or services at a distance (which is where the goodsor services have been sold exclusively using a means ofdistance communication and where the contract wasconcluded without the simultaneous physical presence ofthe trader and the consumer).

This exception does not apply to payments made in relation toa contract of the following types:(i) concluded by means of automatic vending machines or

automated commercial premises;(ii) concluded with a telecommunications operator through a

public telephone for the use of the telephone;(iii) concluded for the use of one single connection, by

telephone, internet or fax, established by a consumer;(iv) under which goods are sold by way of execution or

otherwise by authority of law.This exception does not apply to payments made in relation toa contract to the extent that it is:(a) for—

(i) gambling within the meaning of the Gambling Act 2005(which includes gaming, betting and participating in alottery); or

(ii) in relation to Northern Ireland, for betting, gaming orparticipating lawfully in a lottery within the meaning ofthe Betting, Gaming, Lotteries and Amusements(Northern Ireland) Order1985;

(b) for services of a banking, credit, insurance, personalpension, investment or payment nature;

(c) for the creation of immovable property or of rights inimmovable property;

(d) for rental of accommodation for residential purposes;(e) for the construction of new buildings, or the construction of

substantially new buildings by the conversion of existingbuildings;

(f) for the supply of foodstuffs, beverages or other goods


23

intended for current consumption in the household andwhich are supplied by a trader on frequent and regularrounds to the consumer’s home, residence or workplace;

(g) within the scope of Council Directive 90/314/EEC of 13June 1990 on package travel, package holidays andpackage tours;

(h) within the scope of Directive 2008/122/EC of theEuropean Parliament and of the Council on the protection ofconsumers in respect of certain aspects of timeshare, long-term holiday product, resale and exchange contracts.

10. Statements and Making Payments10.1 We will normally provide You with a statement on paper each

month, except where the Card has not been used, there havebeen no Electronic Payments made from Your Account andthere is no outstanding balance. This statement will set outdetails of each Transaction made using the Card during theperiod since a statement was last sent to You or since theAccount was opened, whichever is the later. We may send Youthis consolidated statement instead of details of each individualTransaction. However, We may also provide informationconcerning Transactions by other means including informationprovided to You at the time the Transaction is carried out or assoon as reasonably practicable thereafter.

10.2 Your statements will also set out the balance on Your Accountat the date of the statement, the minimum payment You mustmake to Us that month and the date by which You must pay it.You may change the payment due date as shown on Yourstatement.

10.3 Your statement will tell You how to make payments to reach Uson time.

10.4 If Your statement includes an item which seems to be wrong,please notify Us as soon as possible.

10.5 If You require additional copies of statements or Transactionvouchers a fee will apply. The current fee for each such item is£5.00. The amount of this fee may be varied from time to timein accordance with Condition 4.

10.6 We will normally send You an annual statement on papersetting out consolidated details of Transactions made using theCard and payments made by You for the twelve month periodprior to the date of the annual statement together with, whereapplicable, interest and charges debited to Your Account.

10.7 (a) If You do not wish to receive paper statements, You can opt instead to have Your statements providedelectronically. You can exercise this option if You haveregistered for an electronic mailbox with Us. You will alsoneed to provide Us with Your email address so that We canalert You each time a statement has been sent to Yourelectronic mailbox. You will not be able to switch thesenotifications off.

(b) If You choose to have Your credit Card statements providedelectronically, then all of Your statements for any otheraccounts with Us will also be delivered to Your Electronic


24

Mailbox.(c) Where You have chosen to receive Your statements

electronically in Your electronic mailbox, You will no longerbe provided with statements on paper. If You requireadditional copies of statements on paper, a fee will apply asset out in Condition 10.5.

11. Refunds and Original Credits11.1 We will credit Your Account with a refund when We receive a

refund voucher or other refund confirmation acceptable to Us.Further information on how We process a refund of a non-sterling transaction is set out in Condition 3.6(a).

11.2 We are not in any way liable if any Merchant refuses to accepta Card for whatever reason.

11.3 A Merchant may credit funds to Your Account using Your DebitNumber. This would apply where You have a contract with theMerchant under which the Merchant may be obliged to pay Youmoney in certain circumstances and the Merchant has usedYour Debit Number for the purposes of making that payment.The payment into Your Account is known as an “OriginalCredit”. The maximum and minimum amounts that can becredited to Your Account using this method vary. Furtherdetails are available from Us on request or from the Merchant.

12. Payment Protection Insurance(this Condition does not apply to Mastercard 24/7 or any Cardagreement entered into after 23 May 2009) Where You havepurchased optional Payment Protection Insurance:(a) We will provide You with a Certificate of Insurance

providing details of the insurers and the Terms andConditions of the Payment Protection Insurance. Theinsurance will be between You and the insurers;

(b) We will debit the cost of the Payment Protection Insurance(including Insurance Premium Tax at the current rate) toYour Account on the relevant statement date unless anduntil the insurance is cancelled by You in writing. For thepurpose of this Agreement it is treated as a Purchase;

(c) the terms, conditions and premium rates for PaymentProtection Insurance may change at any time. However, Youwill receive at least 30 days’ written notice of any change;

(d) You understand that a false application may result in aclaim being rejected;

(e) We will credit any insurance monies which We receive toYour Account;

(f) You should keep a record of any information supplied to theinsurers.

13. Change of AddressYou must write and tell Us at once if You or any AdditionalCardholder change Your or their name, or You change Youraddress, or if You make Your payments to Us by direct debitand You change the bank or building society account fromwhich You make Your payments.

14. Ending the Agreement14.1 If You wish to end this Agreement You must tell Us and send Us

Your Card, and the Card of any Additional Cardholder, cut inhalf across the magnetic stripe and the chip.

14.2 (a) We can end this Agreement and close Your Account by


25

giving You at least two months’ notice. We can do this for one of the following reasons:(i) We have reasonable grounds to believe that You are no

longer using the Account;(ii) We, acting reasonably, are dissatisfied with the way

that You are operating the Account. This could arise forexample where the amount of time that We have tospend on the administration of Your Account exceedswhat We would consider to be reasonable;

(iii) You have failed, within a reasonable period of time, to provide Us with information which We may reasonably expect You to provide to Us in connection with the operation of Your Account;

(iv) to comply with any changes in law or regulation, including decisions of the courts or Financial Ombudsman Service;

(v) to ensure that Our business is profitable and competitive and that Our product range enables Us to achieve Our business and strategic objectives;

(vi) for any other valid reason – provided that the closure of Your Account is a proportionate and reasonable response to the underlying reason.

(b) We can end this Agreement and close Your Accountimmediately if You become bankrupt, You or any AdditionalCardholder break the terms of this Agreement or wherethere is a justifiable, financial or legal reason to do so, forexample, if:(i) You act, or are suspected of acting, fraudulently or with

negligence;(ii) You act in an abusive or threatening manner towards the

Bank's staff; or(iii) the Bank suspects that there is a threat to the security

of its systems.14.3 If We end this Agreement for any of the reasons set out in

Condition 14.2(b), where reasonably possible (and where itwould not be a breach of security or against the law), We willonly end this Agreement after We have given You notice of Ourintention to do so. If it is not possible to contact You in advanceto tell You of Our intention to end this Agreement We will notifyYou as soon as possible thereafter.

14.4 Ending the Agreement will not affect Your liability to Us at thattime, including Your liability for Transactions which are chargedto Your Account after the ending of the Agreement or anynotice to You of the ending of the Agreement or after the returnof the Card.After sending You any notice required by law We may requireYou to repay at once all amounts You owe Us. We will continueto add interest, fees, service charges and default charges tothe Account until You have paid everything You owe under theAgreement.

14.5 If either You or We end this Agreement, and We demandrepayment of the whole sums due under it, We may retain anymoney in any of Your Accounts with Us, or any sums We owe toYou, and apply it in or towards repayment of the sums dueunder this Agreement. This is sometimes known as a right ofset off.

15. Agreement not Secured


26

No mortgage charge or other security which We hold will applyto Your Account or this Agreement.

16. Relaxing the terms of the AgreementAny forbearance or delay by Us in enforcing this Agreement,for example if We allow You more time to make a payment, willnot affect or restrict Our legal rights under this Agreement.

17. When the Agreement becomes bindingThis Agreement will only become binding when it is validlysigned by You and by Us.

18. Transfer of rights under the Agreement18.1 You may not transfer Your rights or obligations under this

Agreement.18.2 We may transfer Our rights and obligations under this

Agreement, but We can only transfer Our obligations eitherwith Your agreement or where the transfer does not affect thenature of Your rights under this Agreement.

18.3 We may disclose to anyone to whom We transfer Our rights orobligations any information that We hold about You and anyAdditional Cardholder and the conduct of the Account.

19. Refusal of Transactions and Blocking the Card19.1 We may prevent individual Transactions being debited from

Your Card and We may also block the use of a Card entirelywhere We reasonably believe any of the following (We canrefuse Your request by declining the request immediately usingthe same channel through which you have made it or bycontacting You at the earliest opportunity and before We haveexecuted the Transaction):- (a) The security of the Card or Your Account may have been

breached;(b) There may have been an unauthorised or fraudulent

transaction on the Card or on Your Account;(c) There is a significantly increased risk that You may be

unable to pay Us what You owe Us;(d) The terms of this Agreement have not been met or have

been breached; or(e) By carrying out the Transaction, We may break a law, a

regulation, a code of conduct or other duty.19.2 If We prevent or refuse an individual Transaction, We will give

notice of the refusal via the Merchant. If the Cardholder wasnot made aware of the refusal at the time then We will providedetails of the refusal if You contact Us. Where reasonablypossible (and where it would not be a breach of security or beagainst the law), We will only take action to prevent anindividual Transaction or to block the Card after We have givenYou appropriate notice of Our intention to do so and explainedour reasons. If We cannot contact You in advance to tell Youabout blocking Your Card We will attempt to contact You assoon as possible afterwards.

19.3 Where We have taken such action, We will allow the normaluse of the Card to resume, or will issue a new Card ifnecessary, as soon as practicable once Our reasons for takingsuch action cease to exist.


27

20. Breaking the Agreement and Default Charges20.1 If You or an Additional Cardholder break this Agreement, We

will charge You for any reasonable losses or costs which Weincur as a result. These may include costs We incur oncorrespondence or in taking steps to find You or to get back anymoney You owe Us (including debt collection agency and legalcosts). If You fail to pay Us any sum which has become due, orbreak the Agreement in any other way, or if You die or becomebankrupt, We may ask You or Your trustee, personalrepresentatives or executor to pay the full amount You owe,after We have issued any notice which the law requires.

20.2 If You break this Agreement We may review any of Yourbanking facilities with Us. If Your relationship with Us hasbroken down We may prevent You from continuing to operateany other accounts (such as a current account) or prevent Youfrom continuing to use any overdraft You have with Us.

20.3 If You or an Additional Cardholder break this Agreement duringany period when an Introductory Rate or Limited Period Rateapplies to Your Account, We may withdraw the rate whichapplies to Your Account and charge You interest at theStandard Rate. We will notify You either on Your statement orby writing to You.

20.4 If any payments due under this Agreement are not paid whenthey are due We will charge a late payment charge. This defaultcharge will be debited to Your Account each time a payment isoverdue. The current amount of this default charge is £8.00.The amount of this default charge may be varied from time totime in accordance with Condition 4.

21. Sentinel® Card Protection Insurance (this Condition doesnot apply to Mastercard 24/7 or any Card Agreemententered into after 16 August 2009)Where You have signed at the appropriate part of thisAgreement indicating that You wish to purchase Sentinel®Card Protection Insurance:(a) You have entered into two contracts:

(i) The first is with the underwriter of the insured elementsof Your policy. The underwriter's details can be found inYour policy terms and conditions. Any change in theunderwriter will be communicated to You on renewal ofYour policy.

(ii) The second is with Sentinel® Card Protection whoadministers the service elements of this product.

(b) Your fee is inclusive of insurance premium tax, at therelevant rate.

(c) This insurance only applies to residents of the UK and isautomatically cancelled if You move outside the UK.

(d) Sentinel® Card Protection will write to You with details ofthe terms of the insurance;

(e) the cost of the Sentinel® Card Protection Insurance will bedebited to Your Account when due and future subscriptionswill be debited to Your Account when due, at the prevailing


28

rate, unless and until the insurance is cancelled by You inwriting. For the purpose of this Agreement, it is treated as aPurchase;

(f) We will pass Your name, address and Account number withCard expiry date, as and when required, to the insurer forthe purpose of debiting Your Account with the relevantpremiums.

22. Mistaken PaymentsIf We have received a request to return a payment that hasbeen made into Your Account where the Payer has told his/herbank that the payment was made by mistake You agree that Wemay take the following actions:(a) We may decide to protect the funds. This means that We

would take the funds out of Your Account and credit them toa suspense account. We will only do this where we havereasonable cause to believe that the payment has beenmade by mistake.

(b) We will contact You to advise You of the action that Wehave taken and We will also advise You that We intend toreturn the funds to the Payer’s bank 15 Business Daysafter the date of Our letter to You.

(c) If You object to the action that We have taken or that Wepropose to take then You must advise Us before the 15Business Day period has ended and You must state thereasons why You object.

(d) If You do not object within the period set out above then Wewill return the payment to the Payer’s bank and there willbe no requirement for Us to obtain any further consentfrom You.

(e) If You do object within the period set out above, or if We areotherwise unable to return the payment to the Payer's bank(for example, where You have removed all or part of thefunds from Your Account), We must, on receipt of a writtenrequest, provide to the Payer all relevant information inorder for the Payer to claim repayment of the funds fromYou. This means that We can provide Your name andaddress to the Payer's bank. We are not required to obtainany further consent from You to do this as We are obligedto provide this information under the Payment ServicesRegulations. The Payee’s bank should inform You beforedisclosing your name and address to the Payee.

23. Managing a Card for use outside the UK (Geoblocking)23.1 Geoblocking is a security feature which allows a Cardholder to

manage the use of a Card outside the UK. Geoblocking settingsthat restrict the use of the Card outside the UK areautomatically applied by Us. You can update these settings ineBanking, in Danske Mobile Bank or by contacting Us. You canmake changes in relation to (a) geographic areas where theCard may be used and (b) internet Transactions. Geoblockingsettings do not apply where a Transaction is processed usingChip and PIN technology or for off line Transactions. Where aCardholder seeks to set a restriction on the use of the Cardusing this service We will require them to provide Us with amobile telephone number that We can use to contact them. If


29

the Cardholder does not provide a valid mobile telephonenumber then We will be unable to contact them or advise themof any attempted use of the Card which contravenes theGeoblocking settings that have been applied.

23.2 We may, from time to time, decide to automatically applycertain restrictions on Your Card using the Geoblockingfunction. If We decide to do this We may do so immediatelywhere We reasonably believe that there is a significantlyincreased risk of fraudulent activity on Cards in thatgeographic area or in internet Transactions or where use of theCard in that geographic area or for internet Transactions wouldbe unlawful. We will update the information on Our Websiteand We will write to You within 30 days to advise You of thechange. We may do this by including this information on Yourstatement and/or by sending You a secure mail.

23.3 We may decide to apply restrictions on the Use of a Card usingthe Geoblocking function for a reason which is not set out inCondition 23.2. We may do this where one of the followingreasons apply:(a) to ref lect the introduction or development of new systems,

methods of operation, services or changes in technologyprovided that the change is a proportionate response to theunderlying reason for the change;

(b) to respond proportionately to any change or expectedchange in market conditions, general banking practice orthe cost of providing services to customers;

(c) to respond proportionately to legal or regulatory changes.This would include:• Changes in general law (including changes in the laws

and/or tax regulations applicable in other legaljurisdictions where the Card may be used),

• Changes in regulatory requirements,• Changes in industry guidance and codes of practice.

(d) to change the way that We manage security settings sothat the Cardholder is required to specify where theCardholder wants to use the Card or the categories that theCardholder wants to use the Card for provided that whenmaking any such change in respect of the geographic areasWe will take into account the geographic areas where theCard has been used in the previous 12 month period. Inrelation to the categories that the Cardholder can use theCard for We will take into account the categories that theCardholder has used the Card for in the previous 12 monthperiod.

(e) Any other valid reason provided that the change is aproportionate and reasonable response to the underlyingreason for the change.

Where we make any change for a reason set out in Condition23.3 We will give You two months’ notice before the changetakes effect. It will be Your responsibility to advise anyAdditional Cardholder of the change.

23.4 If the Cardholder has provided Us with their mobile telephonenumber then We will send the Cardholder a text message toalert them (a) if the Card has been used outside the UK (b) if an


30

attempt is made to use their Card outside the UK but thatTransaction has been declined because of a Geoblockingsetting. If a Cardholder has not provided Us with their mobiletelephone number then We will be unable to alert them to anyattempted Transaction. If the Cardholder wants to changethese settings then they can do so using one of the methodsset out in Condition 23.1. Any such change will take immediateeffect.

23.5 Further details about how to manage the use of the Cardoutside the UK are available on Our Website or by enquiring atYour Branch.

24. Notices and Communication24.1 Notices and other communications between You and Us in

relation to this Agreement should be given in writing unless:(a) otherwise agreed between Us; or(b) We determine otherwise. This would apply for example

where We need to contact You urgently.24.2 Where You have an electronic mailbox then We may send

communications to You using secure mail or using Yourelectronic mailbox facility. We will use Your email address toalert You to the information that We have made available inYour electronic mailbox.

24.3 Unless We have agreed with You that You can communicatewith Us in some other way, You should give notices to Us inwriting by post to Our registered address or by writing toDanske Bank at PO Box 2111 Belfast BT10 9EG. The date ofreceipt of a notice given by You to Us under this Condition 24 isdeemed to be the date of actual receipt by Us or where that dayis not a Business Day, the next Business Day. If You choose towrite to Us at a different address to that set out in thisCondition 24 then there may be a delay in processing Yourcorrespondence.

25. General points25.1 In relation to Card payments, We will not be liable if We are

unable to perform Our obligations under this Agreement due(directly or indirectly) to the failure of any machine, dataprocessing system or transmission link where that failure isdue to abnormal and unforeseeable circumstances beyond Ourcontrol. If We are unable to produce or send a statement, Yourliability for interest, fees, service charges and default chargeswill still continue.

25.2 Use of Your informationDetails of how We use Your personal information are availablein Our leaf let “How we use your personal and businessinformation”. Copies of this leaf let are available in Ourbranches and on Our Website.The Cardholder can use the Card for a range of paymentservices including making withdrawals and making onlinepayments. By using the Card the Cardholder consents to Us


31

accessing, processing and retaining personal data for thepurposes of provision of the payment service.

25.3 Putting things right for youIf You are not happy with any part of Our service, please ask Usfor a copy of Our leaf let ‘Putting things right for you’ or visit OurWebsite. We aim to deal with complaints in a way Ourcustomers are satisfied with.

If You have followed Our published complaint procedures andYou disagree with the response We have given, You can referthe matter to the Financial Ombudsman Service.Details are available from Us or from www.financial-ombudsman.org.uk.

Alternatively, if You have a complaint about any product orservice You bought from Us online and You disagree with theresponse We have given, You may use the online disputeresolution platform, which is available onwww.ec.europa.eu/odr to refer the matter to the FinancialOmbudsman Service.

You will also be able to contact the Financial Conduct Authority(FCA) or the Payment Systems Regulator (PSR) if You think thatWe have broken the Payment Services Regulations 2017.

The FCA and PSR will use this information to inform theirregulatory activities.

25.4 Important information about Your rights(a) If You enter into this Agreement as a consumer, nothing in

these Terms and Conditions will reduce Your statutoryrights relating to faulty or mis-described goods or services.For further information about Your statutory rights contactYour local Trading Standards Department or CitizensAdvice Bureau.

(b) If You purchase any item of goods or services using YourCard which costs between £100 and £30,000, You mayhave a right of redress under Section 75 of the ConsumerCredit Act 1974 against Us as well as the Merchant in theevent of any breach of contract or misrepresentation by theMerchant in relation to such goods or services, forexample, the goods fail to arrive or are not of satisfactoryquality, or You made the purchase based on incorrectinformation provided by the Merchant. This Condition25.4(b) does not apply to any goods or services purchasedby way of a credit transfer or Cash Advance. This Condition25.4(b) also does not apply to any payments out of YourAccount when You use a TPP and instead the provisions ofCondition 8 regarding Our liability to You will apply.

25.5 Telephone Calls


32

We draw to Your attention that We may record or monitor callsto confirm details of Our conversations, and for verification andquality purposes.

25.6 Taxes or CostsThere may be taxes or costs, some of which are not paidthrough Us or imposed by Us and for which You may be liable.

25.7 Governing Law(a) The laws of the United Kingdom apply to

the establishment of Our relationship with You until Youracceptance of this Agreement.

(b) This Agreement is governed by the laws of NorthernIreland, Scotland or England and Wales, depending onwhere You live, as shown on Our records and Yourstatements.

(c) Disputes arising out of or relating to this Agreement notsettled to the parties' satisfaction are subject to the non-exclusive jurisdiction of the courts of Northern Ireland,Scotland or England and Wales, again depending on whereYou live, as shown on Our records and Your statements.

(d) This Agreement is written in English and We willcommunicate in English with You during the course of thisAgreement.


33

Schedule

Payments out of Your AccountThe table set out below assumes that the Entry Date is a Mondayand that there are no bank or other holidays in the relevant period.The timetable may be suspended in certain circumstances whichare beyond Our control. We also reserve the right to suspend ordelay a payment where We, acting reasonably, decide to carry outfurther checks. In these circumstances We will still seek tocomply with our statutory obligations under the Payment ServicesRegulations 2017.

Definitions:Date Funds are reserved means the day that You authorise thepayment to be made. We reserve the funds on this date whichmeans that Your available balance is reduced by the amount of thepayment.Entry Date means the date that We receive the request from theMerchant’s bank to debit Your Account. This can be 2 days afterthe date the funds are reserved or it can be later (usually within 7days). The maximum time permitted under the card scheme rulesis 60 days.Value Date means the date that We start to apply interest.Maximum Execution Time means the latest date by which We willcredit the Payee’s bank (or its agent) with the payment.Spending Limit means the maximum daily amount that You can askUs to pay out of Your Account using that transaction type.Spending Limits can be changed and will also depend on theavailable balance in Your Account. You can ask Us to amend theSpending Limits on Your Account.


34

Notes:

1.

If a tra

nsfer is m

ade using the

Faster Paym

ents Serv

ice after

3.30pm then the paym

ent will be

exe

cuted im

mediately but the Value

Date w

ill be the next B

usiness D

ay

2.

This is

the Standard

Serv

ice.

Exp

ress Serv

ice is

also ava

ilable –

see Your eBanking scr

een for

further inform

ation. If the paym

ent

is to another acc

ount within the

Danske

Bank Gro

up the m

aximum

exe

cution day for all EEA currencies

(without co

nve

rsion) would be

Monday (for purp

oses of the table

above

).3.

This does not apply during any

Introductory

Rate Period.

4.

A daily

limit of £25,000 applie

s in

any 24 hour period as determ

ined

by Us.

Date funds are

reserv

ed

Entry Date

Value D

ate

Maximum Exe

cution

Tim

eSpending Lim

it

Card

Tra

nsactions

(Point of Sale

transactions)

Ste

rlin

g a

nd

Fo

reig

np

aym

en

ts

Date that yo

uauth

orise the

paym

ent

Monday

Paym

ent Due

Date w

hich

appears

on Your

sta

tement (S

ee

Note 3

)

Monday

Ava

ilable

balance on your

account

(£30 per

transaction if

conta

ctless)

ATM Tra

nsactions (Cash

machine w

ithdra

wals)

Ste

rlin

g a

nd

Fo

reig

np

aym

en

ts

Date that yo

uauth

orise the

paym

ent

Monday

Monday

Monday

£500

Electro

nic Pay

men

t using

eBan

king or TPP (Intern

alTran

sfer

/ Fa

ster

Pay

men

ts Ser

vice

- See

Notes

1 and 4)

Date that yo

uauth

orise the

paym

ent

Date that yo

uauth

orise the

paym

ent – say

Monday

Monday

Monday

£25,000 for a

transfer to a

third party

(daily limit)

Electro

nic Pay

men

t using

Dan

ske Mobile

Ban

k ap

p(Intern

al Tra

nsfer

and

Faster

Pay

men

ts Ser

vice

-See

Note 1)

Date that yo

uauth

orise the

paym

ent

Date that yo

uauth

orise the

paym

ent – say

Monday

Monday

Monday

£10,000 for a

transfer to a

third party

Electronic P

aym

ent

using eBanking (Fore

ign

paym

ents) (S

ee N

ote 4

)

Date that yo

uauth

orise the

paym

ent

Date that yo

uauth

orise the

paym

ent – say

Monday

Monday

Tuesday (see N

ote

2) for Euro

and

Wednesday for all

oth

er currencies

£25,000

(daily limit)


35

SPECIAL TERMS AND CONDITIONSDANSKE 3D SECURE

These are the special terms and conditions that will apply to Danske3D Secure.

Danske 3D Secure is provided by Us in association with MastercardSecureCode™ or Mastercard Identity Check™. Danske 3D Secure is asecure way of using Your Card to make purchases on the internet withparticipating organisations.When You use Danske 3D Secure We are able to verify Your identity.We do not verify the identity of any organisation that You contract withon the internet nor do We make any statement about the goods orservices of any participating organisations that You choose to placean order with or make a purchase from.

1. Definitions"Account" means the Danske account which You hold with Us onwhich the Card is issued, the Danske Mastercard credit card accountor the Danske Mastercard Corporate card account which the Accountholder holds with Us.“Card” means a Debit Mastercard card, Mastercard Debit card,Mastercard credit card or Mastercard Corporate card (asappropriate) that We have issued to the Cardholder for use with YourAccount. The Card may or may not bear the Contactless Indicator.“Cardholder” means, for each Card, the person to whom We issue aCard at the Account holder’s request."Danske 3D Secure" means the service offered by Us, subject tothese terms and conditions, for You to use when You make a purchaseor place an order on the internet with Your Card. "Email Address" means a current valid email address.“Mobile Phone” means the mobile telephone device which You use toreceive the One-Time Passcode.“Mobile Phone Number” means the Mobile Phone number which Wehold with Our contact details for You or as notified by You to Us inaccordance with Condition 2(d) below.“One-Time Passcode” means the six digit passcode sent to YourMobile Phone Number via SMS.“SMS” means SMS text messages sent to Your Mobile Phone Number."We", "Us" and "Our" or "the Bank" mean Northern Bank Limitedhaving its registered office address at Donegall Square West Belfast(registered number R568). Danske Bank is a trading name forNorthern Bank Limited.“Website” means danskebank.co.uk."You", "Your" and "Yours" mean the Cardholder who has registered forDanske 3D Secure under this agreement with Us.

2. Using Danske 3D Secure(a) Your Card is automatically enrolled for use with the Danske

3D Secure service. Your Mobile Phone Number must berecorded with Us before You can use this service. WhenYou use Danske 3D Secure, You agree that these terms andconditions will apply in relation to Your use of Your Card


36

when You make a purchase or place an order withparticipating organisations using Your Card on the internet.These terms and conditions are in addition to the termsand conditions for Your Account.

(b) You must ensure that Your Mobile Phone can receive SMSat the time of Your purchase.

(c) When You use Danske 3D Secure to purchase on theinternet from a participating organisation You will bepresented with an electronic receipt and the One-TimePasscode will be sent automatically to Your Mobile Phone.The receipt will include details of Your internet purchase ororder, such as store name, purchase amount and date. Youwill be asked to sign the receipt by entering Your One-TimePasscode and click 'Submit' to proceed with the purchase.Without Your One-Time Passcode, the internet purchasecannot take place at participating organisations. If the One-Time Passcode is entered incorrectly three timesconsecutively You will not be able to proceed with thepurchase. If You do not receive the One-Time Passcodeautomatically You may ask for the One- Time Passcode tobe sent to You again. You can make three requests for theOne-Time Passcode to be sent to You.

(d) If You change Your Mobile Phone Number or Your address(including Your Email Address) You must notify Usimmediately to ensure that Our records are up to date.Notices under this condition should be sent to Us as setout in the ‘Notices and communication’ condition of theGeneral Terms and Conditions applicable to Your Account.

(e) You will be responsible for any fees or charges imposed byYour mobile phone service provider in connection with Youruse of Danske 3D Secure.

3. Security(a) We do not verify the identity of any participating

organisations nor make any statement about their goods orservices or whether You should contract with them.

(b) The One-Time Passcode will only be valid for the purchaseYou have received it for. You are responsible for maintainingthe confidentiality of Your One-Time Passcode. You mustnot give Your One-Time Passcode to anyone else.

(c) If You think that there may have been an unauthorisedinternet transaction on Your Account You must notify Usimmediately in accordance with the terms and conditionsfor Your Account.

(d) We can stop You using Danske 3D Secure where We havea right under the Terms and Conditions for Your Account orCard to refuse or stop a payment on Your Account.

4. Changing the terms and conditions4.1 We may at any time, for any reason set out in Condition 4.3

below make any change to these Danske 3D Secure terms andconditions.

4.2 We will give You at least two months' written notice (which willbe sent to You by letter or electronically where You haveregistered to receive documents through Your electronicmailbox) before the change is made. Once We have given Younotice of the proposed changes, if You do not tell Us that Youobject to the changes, before the date on which they are due tocome into effect, then they will take effect on the date


37

indicated. If You do object to the changes, then You have theright to terminate this agreement without having to pay anyextra fees or service charges.

4.3 The changes referred to in Condition 4.1 will be made for oneor more of the following reasons:(a) by agreement with You;(b) to ref lect the introduction or development of new systems,

methods of operation, services or changes in technology(including expected changes) provided that the change is areasonable response to the underlying reason for thechange;

(c) to maintain or improve operating conditions or servicelevels;

(d) to ref lect the genuine increased costs of providing YourAccount, including for example the cost of introducing,developing, running and/or maintaining systems andservices;

(e) to respond reasonably to any change or expected change inmarket conditions, general banking practice or the cost ofproviding services to customers;

(f) to respond reasonably to legal or regulatory changes. Thiswould include:· Changes in general law or decisions of the Financial

Ombudsman Service,· Changes in regulatory requirements,· Changes in industry guidance and codes of practice

which raise standards of consumer protection;(g) to ensure that Our business as a whole is profitable and

that Our product range and charging structure enables Usto achieve Our business and strategic objectives (which areset internally) - provided that any such change isreasonable and does not result in an Account Holder beingtreated unfairly;

(h) to make these General Terms and Conditions or any SpecialTerms and Conditions fairer or clearer for You provided thatany such change does not materially alter the Agreementthat You have entered into with Us;

(i) To make changes and improvements to Our products,services or charging structures where the changes are ofbenefit to You or where the changes make it easier for Youto manage Your Account; or where the changes provide Youwith alternative or more cost effective ways to manageYour Account;

(j) to ref lect changes made by the relevant Cardauthentication scheme provider (Mastercard SecureCode™or Mastercard Identity Check™);

(k) For a reason not set out herein but otherwise expresslynotified to You in writing provided that the reason is areasonable response to the underlying reason and strikes afair balance between Our legitimate interests and Your owninterests.

4.4 In the event of any change in applicable law or regulation, or inother circumstances outside Our control, We may give ashorter period of notice as We consider, on reasonablegrounds, to be justified.

4.5 If any of the foregoing provisions of this Condition 4 is orbecomes invalid, illegal or unenforceable such invalidity,illegality or unenforceability will not affect the remainingprovisions.


38

5. Availability of Danske 3D SecureWe try to give a complete service at all times but do notguarantee it. We will not be responsible to You under theseTerms and Conditions where any failure on Our part is due to (a) abnormal or unforeseeable circumstances beyond Ourcontrol, the consequences of which would have beenunavoidable despite all Our efforts to the contrary or (b) Our obligation to comply with any other provisions ofapplicable laws.

6. Ending Your Danske 3D Secure service6.1 (a) Without prejudice to Condition 3(d) We can end Your use of

Danske 3D Secure by giving You two months' written notice. We can do this for one of the following reasons:i. We have reasonable grounds to believe that You are no

longer using the Account;ii. We, acting reasonably, are dissatisfied with the way that

You are operating the Account. This could arise forexample where the amount of time that We have tospend on the administration of Your Account exceedswhat We would consider to be reasonable;

iii. You have failed, within a reasonable period of time, toprovide Us with information which We may reasonablyexpect You to provide to Us in connection with theoperation of Your Account;

iv. to comply with any changes in law or regulation,including decisions of the courts or FinancialOmbudsman;

v. to ensure that Our business is profitable andcompetitive and that Our product range enables Us toachieve Our business and strategic objectives;

vi. for any other valid reason – provided that the closure ofYour Account is a proportionate and reasonableresponse to the underlying reason.

(b We can end this Agreement and close Your Accountimmediately if You become bankrupt, You or any AdditionalCardholder break the terms of this Agreement or wherethere is a justifiable, f inancial or legal reason to do so, forexample, if:i. You act, or are suspected of acting, fraudulently or with

negligence;ii. You act in an abusive or threatening manner towards the

Bank's staff; oriii. the Bank suspects that there is a threat to the security

of its systems.

If We end this Agreement for any of the reasons set out inCondition 6.1 (b) where reasonably possible (and where itwould not be a breach of security or against the law), We willonly end this Agreement after We have given You notice of Ourintention to do so. If it is not possible to contact You in advanceto tell You of Our intention to end this Agreement We will notifyYou as soon as possible thereafter.


7. Your liabilityYou agree, when making a payment using Your Card, that aninstruction using Your One-Time Passcode will be treated byUs as Your consent to comply with that instruction and We willtreat it as a valid and irrevocable instruction to Us. You areresponsible for all instructions sent using Your One-TimePasscode. You are responsible for ensuring that You keep YourOne-Time Passcode secure as set out in Condition 3 above.Further information about Your liability and Our liability inrelation to the use of Your Card is set out in the Terms andConditions which apply to it.

8. Use of Your informationDetails of how We use Your personal information are availablein Our leaf let “How we use your personal and businessinformation”. Copies of this leaf let are available in Ourbranches and on Our Website at danskebank.co.uk/docs.

9. General9.1 We will communicate with You in English.9.2 We are committed to providing a high standard of service. If

You are not satisfied with any aspect of Our service then Wehave procedures in place to deal with Your concerns. For moreinformation, please ask for a copy of Our leaf let “Putting thingsright for you”.

10. Governing lawThis Agreement is governed by the laws of Northern Ireland,Scotland or England and Wales, depending on where You live,as shown on Our records and Your statements. Disputesarising out of or relating to this Agreement not settled to theparties' satisfaction are subject to the non-exclusivejurisdiction of the courts of Northern Ireland, Scotland orEngland and Wales, again depending on where You live, asshown on Our records and Your statements

39


Correct as at 04/2020 28967UK

This publicat ion is alsoavailable in Braille, in largeprint, on tape and on disk.Speak to a member of staf ffor details.

Danske Bank is a trading name of Northern Bank

Limited which is authorised by the Prudential

Regulation Authority and regulated by the Financial

Conduct Authority and the Prudential Regulation

Authority, Financial Services Register, reference

number 122261.

Registered in Northern Ireland R568.

Registered Of f ice:

Donegall Square West

Belfast BT1 6JS

Northern Bank Limited is a member of the

Danske Bank Group.

danskebank.co.uk


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