Authorising and declining. Transactions You authorise a Transaction when you request a Transaction using your Account by presenting or providing a Card, the Card details or Account details and, if required for the Transaction, entering any Card PIN, password, personal identifiers or by following the relevant personalised set of procedures that we have agreed that you may use in order to request a Transaction. You can only cancel future dated Transactions, or recurring Transactions (for example, Transactions that are part of a series such as annual membership fees), if you cancel them by the end of the working day before they are due to be processed. We may impose and vary limits and restrictions on certain uses of the Card or certain Transactions. For example Transactions authorised by contactless readers may be subject to maximum Transaction amounts (per authorisation or within a period). We may decline to authorise a Transaction on reasonable grounds. Reasons we may do this include suspected unauthorised or improper use, fraud, technical difficulties, legal requirements, if the use of the Card would be prohibited or because certain types of Transactions are not available (including if the Transaction would exceed a Transaction limit of some sort). We may decline to authorise a Transaction even if your Account is not in default. If we do, you will normally be told at the point of sale, but you may not be. In all cases, you can find out about Transactions we have refused or any other restrictions imposed on your Card by calling us (our contact details are at the beginning of this Agreement). We are not responsible for any losses you incur if we do not authorise a Transaction and we are not responsible if any merchant refuses to accept the Card. Contactless payments and mobile wallet technology Cards issued on your Account may be equipped to enable contactless payment. Contactless payments enable you to make Transactions simply by holding your Card against a Card reader. We may deactivate contactless payments at any time. We may permit you to use mobile or other payment wallet technology (provided by a third party company or by another of our group companies) to request Transactions. Use of wallet technology may be subject to further terms of use, but this Agreement still applies to any Transactions you request using payment wallet technology. Transactions you have not authorised You will not be responsible for any unauthorised Transactions incurred before you receive the Card which was used. You will not be responsible for Transactions where you or a Supplementary Cardmember have not allowed someone else to use your Account or Card. If the Card or Account usage was allowed, you may be responsible for all Transactions which occur before you tell us you suspect your Account is being misused. If you act dishonestly, you will be responsible for all Transactions. If you have allowed someone else to access a mobile phone or other device to which your Card has been registered (for example by giving them your passcode or by letting them add their fingerprint to it), we will treat the Transactions made using the device as authorised, so you will be responsible for them. If there are errors in a Transaction and this is our fault, we will reverse the Transaction and restore your Account. We may then resubmit the correct Transaction. If upon contacting us, you wish to dispute a Transaction, we will initiate an inquiry and may suspend the Transaction on your Account if we reasonably consider there to be a valid dispute. Once investigations are complete, we will adjust your Account accordingly. Transactions for unexpected amounts If you make a Transaction at a merchant within the European Economic Area and, at the time that you authorised it, you did not know the amount of the Transaction, you can request a refund from us if the amount charged is more than you reasonably expected. You must request the refund within 8 weeks from the date of the statement on which the Transaction appears. You will need to provide us with all the information we reasonably ask for and we may provide this information to third parties investigating your claim. We will conclude our investigations within 10 business days of us receiving all required information and either make the refund (normally adjusting your Account) or tell you why we have refused your claim. Theft, Loss or Misuse of the Card or Account You must: • sign the Card (if applicable) and keep it in your possession and secure (including using device passcodes where applicable); • not let others use your Card and regularly check you still have it; • not give your Card, Account details, PIN or other passwords to anyone else other than when you are authorising a Transaction and do not let others see them when you use them; • choose a PIN or password that is not easy to guess. If you register your Card for use on a mobile phone or similar, you must keep it and your security credentials safe and secure at all times, in the same way you would your Card or PIN, and you must always use the lock feature on the phone or other device. Never share your security credentials or allow another person to have access to the device in a way which allows them to make payments using your Card on the device. You must tell us straight away if you suspect: • a Card has been lost or stolen or not received; • a phone or other device to which your Card has been registered has been lost, stolen or compromised; • someone else knows a PIN or other security code; or • your Account or Card is being misused or used without your authorisation, or a Transaction on your Account has not been authorised or has been processed incorrectly. Once you have told us, we will cancel the Card and a replacement Card will be issued. When you must pay You must pay the Payment Due, which is the full outstanding balance on your Account each month as shown on your statement. This should reach us and be credited to your Account by the Payment Due Date (which is also shown on your statement). Credits and refunds to your Account will be treated as payments made by you. How to pay You must make payments to us in Pounds Sterling by any method set out on your statement or any method we otherwise tell you about or permit you to use. You must make a separate payment for each Account you hold with us. If you send payments together and do not clearly designate the Account to be paid, we may apply payments to any Account. We will credit payments to your Account as of the day we receive the funds, as long as we receive them within our business hours that day. If we receive a payment after that time, we will credit it on the day after we receive it. If your payment does not meet the instructions set out in your statement, there may be a delay in crediting your Account. This may result in Late Payment Fees being applied. Any time periods for making your payment to us that we may provide are estimates only and are dependent on the payment system and service provider you choose to make payment. You must allow sufficient time for us to receive funds by the Payment Due Date. Third parties who send us or process your payment on your behalf are not our agents and their receipt of a payment will not be treated as the time we receive your payment. If we decide to accept a payment made in a foreign currency, we will choose a rate to convert your payment into Pounds Sterling, unless the law requires us to use a particular rate. We may impose additional charges for converting payment including any currency conversion cost incurred by us. If we process a late payment, a partial payment or a payment marked with any restrictive language (such as in full and final settlement), that will have no effect on our rights (e.g. to recover the full balance owing) and will not change this Agreement. Although we may credit your Account with a payment, we reserve the right to reverse the payment if it is returned or dishonoured for any reason. How we apply payments and credits We will normally apply payments to your Account in the following order: • applicable Cardmembership Fees and Supplementary Cardmembership Fees; • service charges (for example, Statement Copy Fees); • Late Payment Fees; • other fees charged by us that appear as a separate item on your monthly statement, for example, Returned Payment Fees; • collection charges; • Transactions that have appeared on a monthly statement; and • Transactions that have not yet appeared on your monthly statement. Missing payments Missing payments by failing to make Payments Due by the Payment Due Date could mean you have to pay additional charges or costs, your credit rating may be affected making obtaining credit more difficult or expensive, legal action may be taken against you, an application may be made to make you bankrupt, or, if we obtain a charging order, we may obtain an order for sale which could lead to your home being repossessed. Supplementary Cardmembers At your request, we may issue Cards to Supplementary Cardmembers. These Cards are part of your Account and you must make sure that Supplementary Cardmembers keep to this Agreement. If you are a business customer, any Supplementary Cardmember must be a co-owner, partner, director, committee member or an employee of the business. If you have any other type of Card, you are responsible for all use of your Account by Supplementary Cardmembers and anyone they allow to use your Account. This means that you must pay for all Transactions they make, subject to the terms of this Agreement. If you want to cancel a Supplementary Cardmember's right to use your Account (and cancel their Card) you must tell us. We may limit the number of Supplementary Cardmembers allowed on your Account. Converting Transactions made in a foreign currency If you make a Transaction that is submitted to us in a foreign currency, or if we receive a refund in a foreign currency, it will be converted into Pounds Sterling by us on the date it is processed (which may be different to the date of the Transaction or refund). This means that the exchange rate used may differ from the rate that is in effect on the date of your Transaction or refund. Exchange rate fluctuations can be significant. If the Transaction or refund is in U.S. Dollars, it will be converted directly into Pounds Sterling. In all other cases, it will be converted into U.S. Dollars first and then into Pounds Sterling. However, only one Non-Sterling Transaction Fee will be payable. Unless a particular exchange rate is either required by law, or is used as a matter of local custom or convention in the territory where the Transaction or refund is made (in which case we will look to be consistent with that custom or convention), the exchange rates we use will be based on interbank rates selected from customary industry sources on the business day prior to the processing date. We call this conversion rate the 'American Express Exchange Rate'. The American Express Exchange Rate is set each business day. Changes in the rate will be applied immediately and without notice to you. You can find our rates via the 'My Account' section of the online account centre or by calling us (our contact details are at the beginning of this Agreement). When you make a Transaction in a foreign currency, you may be given the option of allowing a third party (for example, the merchant) to convert your Transaction into Pounds Sterling before submitting it to us. It is your decision whether to use the third party currency conversion or not. If you decide to do this, the currency conversion will be at an exchange rate selected by the third party and may include a commission or charge, also selected by the third party. You should check the fees and charges before completing the Transaction to ensure that you do not pay more than necessary. Since a Transaction converted via the third party will be submitted to us in Pounds Sterling, we will not apply a Non-Sterling Transaction Fee. Statements We will provide you with or make available to you statements relating to your Account at least once a month if there has been any Account activity and otherwise once every 12 months. We may send you notices (including all information we are required to send you, including information about changes to this Agreement) on or together with your statements. In addition to payment information, each statement will show all Transactions made using Cards in the statement period, the total Account balance, and any American Express Exchange Rate used in the conversion of a foreign currency Transaction and the Non-Sterling Transaction Fee. Always check each statement for accuracy and contact us as soon as possible if you need more information about a Transaction on any statement (our contact details are at the beginning of this Agreement). We reserve the right to make some Account data available to you on request once a month. If we do, we will notify you in your statement. Statements might also contain important information about the Card or Card Benefits (for example, American Express Invites or promotional offers available to you as an American Express Cardmember). If you are registered for our online account centre, this information might also be displayed on web pages associated with your online services. Unless you have told us otherwise, we will send you statements by email to the email address you have most recently given to us, by posting them to a secure website or by making them available to you in any other lawfully permitted manner. You should make sure you regularly check this information and any mail we post to you electronically in the same way you would written mail. If you have asked to receive your statements by post, we will send statements through the U.K. post, addressed to you, at the latest billing address on our records. Contacting you We may send you alerts, important messages and other communications about your Account by email, by SMS or by posting them securely on our website, for example, we may send you an alert to confirm that you have updated your contact information. If you enrol for online services, you must keep your username, password and also your email access and mobile phones safe and secure as some Account information may be disclosed via these means. Changing your contact details You must notify us immediately if you change the mailing address or email address to which we send statements or notices. If you have more than one Account with us, you need to notify us in relation to each Account. We may update your contact details if we receive information that they have changed or are incorrect. If we have been unable to deliver any communications or these have been returned, we may stop attempting to communicate with you until we receive accurate contact information. We are not responsible if you do not receive a communication (other than information we are required to provide by law) if we send it to the address you have given us, or if we do not send the communication because previous communications have been undeliverable. Cancelling or suspending your Account We may cancel or suspend your Account (i.e. permanently or temporarily stop you from using your Card or Account to make any Transactions and prevent you from accessing any services offered under this Agreement); cancel or suspend any feature on your Account; or withdraw or not reissue any Card. We may do this for security reasons, in the event you default, if we suspect unauthorised, improper and/or fraudulent use, or because there is a significantly increased risk that you will not be able to repay and on time (for example, if you are made bankrupt). We will normally notify you beforehand or immediately afterwards and may provide you with the reasons. If your Account is cancelled or suspended, you must not use your Cards and, if cancelled, must destroy them, and you must still pay us your total Account balance. We may notify merchants that your Account has been cancelled or suspended. We may agree to reinstate your Account after we have stopped you from using it if the reasons we restricted your Account in the first place are no longer present. You can tell us this is the case and request reinstatement via our website or by calling us (our contact details are at the beginning of
Appears in 4 contracts
Sources: Charge Card Agreement, Charge Card Agreement, Charge Card Agreement
Authorising and declining. Transactions You authorise a Transaction when you do any of the following: request a Transaction using your Account by presenting or providing a Card, the Card details or Account details and, if required for the Transaction, entering any Card PIN, password, personal identifiers or by following the relevant personalised set of procedures that we have agreed that you may use in order to request a Transaction; or ask us to carry out a balance transfer by requesting the Transaction in a way we permit you to (and satisfying any additional requirements that we tell you about). You can only cancel future dated Transactions, or recurring Transactions (for example, Transactions that are part of a series such as annual membership fees), if you cancel them by the end of the working day before they are due to be processed. We may impose and vary limits and restrictions on certain uses of the Card or certain Transactions. For example cash advances or Transactions authorised by contactless readers may be subject to maximum Transaction amounts (per authorisation or within a period). We may decline to authorise a Transaction on reasonable grounds. Reasons we may do this include suspected unauthorised or improper use, fraud, technical difficulties, legal requirements, if the use of the Card would be prohibited prohibited, you have insufficient funds, or because certain types of Transactions are not available (including if the Transaction would exceed a Transaction limit of some sort). We may also decline to authorise a Transaction because we think it is the right thing to do as responsible lenders (for example because we are concerned about your ability to sustain repayments under your Agreement). If this happens we will also contact you to discuss your financial position. We may decline to authorise a Transaction even if your Account is not in default. If we do, you will normally be told at the point of sale, but you may not be. In all cases, you can find out about Transactions we have refused or any other restrictions imposed on your Card by calling us (our contact details are at the beginning of this Agreement). We are not responsible for any losses you incur if we do not authorise a Transaction and we are not responsible if any merchant refuses to accept the Card. Contactless payments and mobile wallet technology Cards issued on your Account may be equipped to enable contactless payment. Contactless payments enable you to make Transactions simply by holding your Card against a Card reader. We may deactivate contactless payments at any time. We may permit you to use mobile or other payment wallet technology (provided by a third party company or by another of our group companies) to request Transactions. Use of wallet technology may be subject to further terms of use, but this Agreement still applies to any Transactions you request using payment wallet technology. Transactions you have not authorised You will not be responsible for any unauthorised Transactions incurred before you receive the Card which was used. You will not be responsible for Transactions where you or a Supplementary Cardmember have not allowed someone else to use your Account or Card. If the Card or Account usage was allowed, you may be responsible for all Transactions which occur before you tell us you suspect your Account is being misused. If you act dishonestly, you will be responsible for all Transactions. If you have allowed someone else to access a mobile phone or other device to which your Card has been registered (for example by giving them your passcode or by letting them add their fingerprint to it), we will treat the Transactions made using the device as authorised, so you will be responsible for them. If there are errors in a Transaction and this is our fault, we will reverse the Transaction and restore your Account. We may then resubmit the correct Transaction. If upon contacting us, you wish to dispute a Transaction, we will initiate an inquiry and may suspend the Transaction on your Account if we reasonably consider there to be a valid dispute. Once investigations are complete, we will adjust your Account accordingly. Transactions for unexpected amounts If you make a Transaction at a merchant within the European Economic Area and, at the time that you authorised it, you did not know the amount of the Transaction, you can request a refund from us if the amount charged is more than you reasonably expected. You must request the refund within 8 weeks from the date of the statement on which the Transaction appears. You will need to provide us with all the information we reasonably ask for and we may provide this information to third parties investigating your claim. We will conclude our investigations within 10 business days of us receiving all required information and either make the refund (normally adjusting your Account) or tell you why we have refused your claim. Theft, Loss or Misuse of the Card or Account You must: • sign the Card (if applicable) and keep it in your possession and secure (including using device passcodes where applicable); • not let others use your Card and regularly check you still have it; • not give your Card, Account details, PIN or other passwords to anyone else other than when you are authorising a Transaction and do not let others see them when you use them; • choose a PIN or password that is not easy to guess. If you register your Card for use on a mobile phone or similar, you must keep it and your security credentials safe and secure at all times, in the same way you would your Card or PIN, and you must always use the lock feature on the phone or other device. Never share your security credentials or allow another person to have access to the device in a way which allows them to make payments using your Card on the device. You must tell us straight away if you suspect: • a Card has been lost or stolen or not received; • a phone or other device to which your Card has been registered has been lost, stolen or compromised; • someone else knows a PIN or other security code; or • your Account or Card is being misused or used without your authorisation, or a Transaction on your Account has not been authorised or has been processed incorrectly. Once you have told us, we will cancel the Card and a replacement Card will be issued. When you must pay You must The Payment Due Date shown on your statement will be at least 25 days after your statement date. Provided you pay the Minimum Payment Due by this date, repayment of the balance on the Account is fully flexible and you have a right to pay us whenever and as often as you like. If we request, you also agree to pay us any amount by which you have gone over your credit limit immediately or together with your Minimum Payment Due. The amount shown as due on the statement may therefore comprise the Minimum Payment Due, which is the full any arrears still outstanding balance on and any over limit amount. Payments will be treated as clearing arrears before they are treated as payment of your Account each month as shown on Minimum Payment Due. You must still pay your statement. This should reach us and be credited to your Account Minimum Payment Due by the Payment Due Date (which is also shown on your statement)if you do not receive a statement in any month. In that case, you should contact us to check what amount must be paid and by when. Credits and refunds to your Account will not be treated as payments made by you. How to pay You must make payments to us in Pounds Sterling by any method set out on your statement or any method we otherwise tell you about or permit you to use. You must make a separate payment for each Account you hold with us. If you send payments together and do not clearly designate the Account to be paid, we may apply payments to any Account. We will credit payments to your Account as of the day we receive the funds, as long as we receive them within our business hours that day. If we receive a payment after that time, we will credit it on the day after we receive it. If your payment does not meet the instructions set out in your statement, there may be a delay in crediting your Account. This may result in Late Payment Fees and additional interest charges being applied. Any time periods for making your payment to us that we may provide are estimates only and are dependent on the payment system and service provider you choose to make payment. You must allow sufficient time for us to receive funds by the Payment Due Date. Third parties who send us or process your payment on your behalf are not our agents and their receipt of a payment will not be treated as the time we receive your payment. If we decide to accept a payment made in a foreign currency, we will choose a rate to convert your payment into Pounds Sterling, unless the law requires us to use a particular rate. We may impose additional charges for converting payment including any currency conversion cost incurred by us. If we process a late payment, a partial payment or a payment marked with any restrictive language (such as in full and final settlement), that will have no effect on our rights (e.g. to recover the full balance owing) and will not change this Agreement. Although we may credit your Account with a payment, we reserve the right to reverse the payment if it is returned or dishonoured for any reason. How we apply payments and credits We apply payment first to amounts on your balance charged at the highest interest rate and then to amounts on your balance charged at lower interest rates in descending order. In applying this principle, we will normally first apply payments to your Account in the following order: • applicable Cardmembership Fees and Supplementary Cardmembership Fees; • service charges (for example, Statement Copy Fees); • Late Payment Fees; • other fees charged by us that appear as a separate item on your monthly statement, for example, Returned Payment Fees; • collection charges; • Transactions amounts that have appeared on a monthly statement; your statements and • Transactions then to amounts that have not yet appeared on your monthly statementstatements. Missing payments Missing payments by failing to make Payments Due by the Payment Due Date could mean you have to pay additional charges or costs, your credit rating may be affected making obtaining credit more difficult or expensive, legal action may be taken against you, an application may be made to make you bankrupt, or, if we obtain a charging order, we may obtain an order for sale which could lead to your home being repossessed. Supplementary Cardmembers At your request, we may issue Cards to Supplementary Cardmembers. These Cards are part of your Account and you must make sure that Supplementary Cardmembers keep to this Agreement. If you are a business customer, any Supplementary Cardmember must be a co-owner, partner, director, committee member or an employee of the business. If you have any other type of Card, you You are responsible for all use of your Account by Supplementary Cardmembers and anyone they allow to use your Account. This means that you must pay for all Transactions they make, subject to the terms of this Agreement. If you want to cancel a Supplementary Cardmember's right to use your Account (and cancel their Card) you must tell us. We may limit the number of Supplementary Cardmembers allowed on your Account. Converting Transactions made in a foreign currency If you make a Transaction that is submitted to us in a foreign currency, or if we receive a refund in a foreign currency, it will be converted into Pounds Sterling by us on the date it is processed (which may be different to the date of the Transaction or refund). This means that the exchange rate used may differ from the rate that is in effect on the date of your Transaction or refund. Exchange rate fluctuations can be significant. If the Transaction or refund is in U.S. Dollars, it will be converted directly into Pounds Sterling. In all other cases, it will be converted into U.S. Dollars first and then into Pounds Sterling. However, only one Non-Sterling Transaction Fee will be payable. Unless a particular exchange rate is either required by law, or is used as a matter of local custom or convention in the territory where the Transaction or refund is made (in which case we will look to be consistent with that custom or convention), the exchange rates we use will be based on interbank rates selected from customary industry sources on the business day prior to the processing date. We call this conversion rate the 'American Express Exchange Rate'. The American Express Exchange Rate is set each business day. Changes in the rate will be applied immediately and without notice to you. You can find our rates via the 'My Account' section of the online account centre or by calling us (our contact details are at the beginning of this Agreement). When you make a Transaction in a foreign currency, you may be given the option of allowing a third party (for example, the merchant) to convert your Transaction into Pounds Sterling before submitting it to us. It is your decision whether to use the third party currency conversion or not. If you decide to do this, the currency conversion will be at an exchange rate selected by the third party and may include a commission or charge, also selected by the third party. You should check the fees and charges before completing the Transaction to ensure that you do not pay more than necessary. Since a Transaction converted via the third party will be submitted to us in Pounds Sterling, we will not apply a Non-Sterling Transaction Fee. Statements and legal notices We will provide you with or make available to you statements relating to your Account at least once a month if there has been any Account activity and otherwise once every 12 months. We may send you notices (including all information we are required to send you, including information about changes to this Agreement) on or together with your statements. In addition to payment information, each statement will show all Transactions made using Cards in the statement period, the total Account balance, and any American Express Exchange Rate used in the conversion of a foreign currency Transaction and the Non-Sterling Transaction Fee. Always check each statement for accuracy and contact us as soon as possible if you need more information about a Transaction on any statement (our contact details are at the beginning of this Agreement). We reserve the right to make some Account data available to you on request once a month. If we do, we will notify you in your statement. Statements might also contain important information about the Card or Card Benefits (for example, American Express Invites or promotional offers available to you as an American Express Cardmember). If you are registered for our online account centre, this information might also be displayed on web pages associated with your online services. Unless you have told us otherwise, we will send you statements (as well as any other notices we are required by law to provide) by email to the email address you have most recently given to us, by posting them to a secure website or by making them available to you in any other lawfully permitted manner. You should make sure you regularly check this information and any mail we post to you electronically in the same way you would written mail. If you have asked to receive your statements by post, we will send statements (and any notices we are required by law to provide) through the U.K. post, addressed to you, at the latest billing address on our records. Contacting you We may send you alerts, important messages and other communications about your Account by email, by SMS or by posting them securely on our website, for example, we may send you an alert to confirm that you have updated your contact information. If you enrol for online services, you must keep your username, password and also your email access and mobile phones safe and secure as some Account information may be disclosed via these means. Changing your contact details You must notify us immediately if you change the mailing address or email address to which we send statements or notices. If you have more than one Account with us, you need to notify us in relation to each Account. We may update your contact details if we receive information that they have changed or are incorrect. If we have been unable to deliver any communications or these have been returned, we may stop attempting to communicate with you until we receive accurate contact information. We are not responsible if you do not receive a communication (other than information we are required to provide by law) if we send it to the address you have given us, or if we do not send the communication because previous communications have been undeliverable. Cancelling or suspending your Account We may cancel or suspend your Account (i.e. permanently or temporarily stop you from using your Card or Account to make any Transactions and prevent you from accessing any services offered under this Agreement); cancel or suspend any feature on your Account; or withdraw or not reissue any Card. We may do this for security reasons, in the event you default, if we suspect unauthorised, improper and/or fraudulent use, or because there is a significantly increased risk that you will not be able to repay and on time (for example, if you are made bankrupt). We will normally notify you beforehand or immediately afterwards and may provide you with the reasons. If your Account is cancelled or suspended, you must not use your Cards and, if cancelled, must destroy them, and you must still pay us your total Account balance. We may notify merchants that your Account has been cancelled or suspended. We may agree to reinstate your Account after we have stopped you from using it if the reasons we restricted your Account in the first place are no longer present. You can tell us this is the case and request reinstatement via our website or by calling us (our contact details are at the beginning of
Appears in 3 contracts
Sources: Credit Card Agreement, Credit Card Agreement, Credit Card Agreement
Authorising and declining. Transactions You authorise a Transaction when you do any of the following: • request a Transaction using your Account by presenting or providing a Card, the Card details or Account details and, if required for the Transaction, entering any Card PIN, password, personal identifiers or by following the relevant personalised set of procedures that we have agreed that you may use in order to request a Transaction; or • ask us to carry out a balance transfer by requesting the Transaction in a way we permit you to (and satisfying any additional requirements that we tell you about). You can only cancel future dated Transactions, or recurring Transactions (for example, Transactions that are part of a series such as annual membership fees), if you cancel them by the end of the working day before they are due to be processed. We may impose and vary limits and restrictions on certain uses of the Card or certain Transactions. For example cash advances or Transactions authorised by contactless readers may be subject to maximum Transaction amounts (per authorisation or within a period). We may decline to authorise a Transaction on reasonable grounds. Reasons we may do this include suspected unauthorised or improper use, fraud, technical difficulties, legal requirements, if the use of the Card would be prohibited prohibited, you have insufficient funds, or because certain types of Transactions are not available (including if the Transaction would exceed a Transaction limit of some sort). We may also decline to authorise a Transaction because we think it is the right thing to do as responsible lenders (for example because we are concerned about your ability to sustain repayments under your Agreement). If this happens we will also contact you to discuss your financial position. We may decline to authorise a Transaction even if your Account is not in default. If we do, you will normally be told at the point of sale, but you may not be. In all cases, you can find out about Transactions we have refused or any other restrictions imposed on your Card by calling us (our contact details are at the beginning of this Agreement). We are not responsible for any losses you incur if we do not authorise a Transaction and we are not responsible if any merchant refuses to accept the Card. Contactless payments and mobile wallet technology Cards issued on your Account may be equipped to enable contactless payment. Contactless payments enable you to make Transactions simply by holding your Card against a Card reader. We may deactivate contactless payments at any time. We may permit you to use mobile or other payment wallet technology (provided by a third party company or by another of our group companies) to request Transactions. Use of wallet technology may be subject to further terms of use, but this Agreement still applies to any Transactions you request using payment wallet technology. Transactions you have not authorised You will not be responsible for any unauthorised Transactions incurred before you receive the Card which was used. You will not be responsible for Transactions where you or a Supplementary Cardmember have not allowed someone else to use your Account or Card. If the Card or Account usage was allowed, you may be responsible for all Transactions which occur before you tell us you suspect your Account is being misused. If you act dishonestly, you will be responsible for all Transactions. If you have allowed someone else to access a mobile phone or other device to which your Card has been registered (for example by giving them your passcode or by letting them add their fingerprint to it), we will treat the Transactions made using the device as authorised, so you will be responsible for them. If there are errors in a Transaction and this is our fault, we will reverse the Transaction and restore your Account. We may then resubmit the correct Transaction. If upon contacting us, you wish to dispute a Transaction, we will initiate an inquiry and may suspend the Transaction on your Account if we reasonably consider there to be a valid dispute. Once investigations are complete, we will adjust your Account accordingly. Transactions for unexpected amounts If you make a Transaction at a merchant within the European Economic Area and, at the time that you authorised it, you did not know the amount of the Transaction, you can request a refund from us if the amount charged is more than you reasonably expected. You must request the refund within 8 weeks from the date of the statement on which the Transaction appears. You will need to provide us with all the information we reasonably ask for and we may provide this information to third parties investigating your claim. We will conclude our investigations within 10 business days of us receiving all required information and either make the refund (normally adjusting your Account) or tell you why we have refused your claim. Theft, Loss or Misuse of the Card or Account You must: • sign the Card (if applicable) and keep it in your possession and secure (including using device passcodes where applicable); • not let others use your Card and regularly check you still have it; • not give your Card, Account details, PIN or other passwords to anyone else other than when you are authorising a Transaction and do not let others see them when you use them; • choose a PIN or password that is not easy to guess. If you register your Card for use on a mobile phone or similar, you must keep it and your security credentials safe and secure at all times, in the same way you would your Card or PIN, and you must always use the lock feature on the phone or other device. Never share your security credentials or allow another person to have access to the device in a way which allows them to make payments using your Card on the device. You must tell us straight away if you suspect: • a Card has been lost or stolen or not received; • a phone or other device to which your Card has been registered has been lost, stolen or compromised; • someone else knows a PIN or other security code; or • your Account or Card is being misused or used without your authorisation, or a Transaction on your Account has not been authorised or has been processed incorrectly. Once you have told us, we will cancel the Card and a replacement Card will be issued. When you must pay You must The Payment Due Date shown on your statement will be at least 25 days after your statement date. Provided you pay the Minimum Payment Due by this date, repayment of the balance on the Account is fully flexible and you have a right to pay us whenever and as often as you like. If we request, you also agree to pay us any amount by which you have gone over your credit limit immediately or together with your Minimum Payment Due. The amount shown as due on the statement may therefore comprise the Minimum Payment Due, which is the full any arrears still outstanding balance on and any over limit amount. Payments will be treated as clearing arrears before they are treated as payment of your Account each month as shown on Minimum Payment Due. You must still pay your statement. This should reach us and be credited to your Account Minimum Payment Due by the Payment Due Date (which is also shown on your statement)if you do not receive a statement in any month. In that case, you should contact us to check what amount must be paid and by when. Credits and refunds to your Account will not be treated as payments made by you. How to pay You must make payments to us in Pounds Sterling by any method set out on your statement or any method we otherwise tell you about or permit you to use. You must make a separate payment for each Account you hold with us. If you send payments together and do not clearly designate the Account to be paid, we may apply payments to any Account. We will credit payments to your Account as of the day we receive the funds, as long as we receive them within our business hours that day. If we receive a payment after that time, we will credit it on the day after we receive it. If your payment does not meet the instructions set out in your statement, there may be a delay in crediting your Account. This may result in Late Payment Fees and additional interest charges being applied. Any time periods for making your payment to us that we may provide are estimates only and are dependent on the payment system and service provider you choose to make payment. You must allow sufficient time for us to receive funds by the Payment Due Date. Third parties who send us or process your payment on your behalf are not our agents and their receipt of a payment will not be treated as the time we receive your payment. If we decide to accept a payment made in a foreign currency, we will choose a rate to convert your payment into Pounds Sterling, unless the law requires us to use a particular rate. We may impose additional charges for converting payment including any currency conversion cost incurred by us. If we process a late payment, a partial payment or a payment marked with any restrictive language (such as in full and final settlement), that will have no effect on our rights (e.g. to recover the full balance owing) and will not change this Agreement. Although we may credit your Account with a payment, we reserve the right to reverse the payment if it is returned or dishonoured for any reason. How we apply payments and credits We apply payment first to amounts on your balance charged at the highest interest rate and then to amounts on your balance charged at lower interest rates in descending order. In applying this principle, we will normally first apply payments to your Account in the following order: • applicable Cardmembership Fees and Supplementary Cardmembership Fees; • service charges (for example, Statement Copy Fees); • Late Payment Fees; • other fees charged by us that appear as a separate item on your monthly statement, for example, Returned Payment Fees; • collection charges; • Transactions amounts that have appeared on a monthly statement; your statements and • Transactions then to amounts that have not yet appeared on your monthly statementstatements. Missing payments Missing payments by failing to make Payments Due by the Payment Due Date could mean you have to pay additional charges or costs, your credit rating may be affected making obtaining credit more difficult or expensive, legal action may be taken against you, an application may be made to make you bankrupt, or, if we obtain a charging order, we may obtain an order for sale which could lead to your home being repossessed. Supplementary Cardmembers At your request, we may issue Cards to Supplementary Cardmembers. These Cards are part of your Account and you must make sure that Supplementary Cardmembers keep to this Agreement. If you are a business customer, any Supplementary Cardmember must be a co-owner, partner, director, committee member or an employee of the business. If you have any other type of Card, you You are responsible for all use of your Account by Supplementary Cardmembers and anyone they allow to use your Account. This means that you must pay for all Transactions they make, subject to the terms of this Agreement. If you want to cancel a Supplementary Cardmember's right to use your Account (and cancel their Card) you must tell us. We may limit the number of Supplementary Cardmembers allowed on your Account. Converting Transactions made in a foreign currency If you make a Transaction that is submitted to us in a foreign currency, or if we receive a refund in a foreign currency, it will be converted into Pounds Sterling by us on the date it is processed (which may be different to the date of the Transaction or refund). This means that the exchange rate used may differ from the rate that is in effect on the date of your Transaction or refund. Exchange rate fluctuations can be significant. If the Transaction or refund is in U.S. Dollars, it will be converted directly into Pounds Sterling. In all other cases, it will be converted into U.S. Dollars first and then into Pounds Sterling. However, only one Non-Sterling Transaction Fee will be payable. Unless a particular exchange rate is either required by law, or is used as a matter of local custom or convention in the territory where the Transaction or refund is made (in which case we will look to be consistent with that custom or convention), the exchange rates we use will be based on interbank rates selected from customary industry sources on the business day prior to the processing date. We call this conversion rate the 'American Express Exchange Rate'. The American Express Exchange Rate is set each business day. Changes in the rate will be applied immediately and without notice to you. You can find our rates via the 'My Account' section of the online account centre or by calling us (our contact details are at the beginning of this Agreement). When you make a Transaction in a foreign currency, you may be given the option of allowing a third party (for example, the merchant) to convert your Transaction into Pounds Sterling before submitting it to us. It is your decision whether to use the third party currency conversion or not. If you decide to do this, the currency conversion will be at an exchange rate selected by the third party and may include a commission or charge, also selected by the third party. You should check the fees and charges before completing the Transaction to ensure that you do not pay more than necessary. Since a Transaction converted via the third party will be submitted to us in Pounds Sterling, we will not apply a Non-Sterling Transaction Fee. Statements and legal notices We will provide you with or make available to you statements relating to your Account at least once a month if there has been any Account activity and otherwise once every 12 months. We may send you notices (including all information we are required to send you, including information about changes to this Agreement) on or together with your statements. In addition to payment information, each statement will show all Transactions made using Cards in the statement period, the total Account balance, and any American Express Exchange Rate used in the conversion of a foreign currency Transaction and the Non-Sterling Transaction Fee. Always check each statement for accuracy and contact us as soon as possible if you need more information about a Transaction on any statement (our contact details are at the beginning of this Agreement). We reserve the right to make some Account data available to you on request once a month. If we do, we will notify you in your statement. Statements might also contain important information about the Card or Card Benefits (for example, American Express Invites or promotional offers available to you as an American Express Cardmember). If you are registered for our online account centre, this information might also be displayed on web pages associated with your online services. Unless you have told us otherwise, we will send you statements (as well as any other notices we are required by law to provide) by email to the email address you have most recently given to us, by posting them to a secure website or by making them available to you in any other lawfully permitted manner. You should make sure you regularly check this information and any mail we post to you electronically in the same way you would written mail. If you have asked to receive your statements by post, we will send statements (and any notices we are required by law to provide) through the U.K. post, addressed to you, at the latest billing address on our records. Contacting you We may send you alerts, important messages and other communications about your Account by email, by SMS or by posting them securely on our website, for example, we may send you an alert to confirm that you have updated your contact information. If you enrol for online services, you must keep your username, password and also your email access and mobile phones safe and secure as some Account information may be disclosed via these means. Changing your contact details You must notify us immediately if you change the mailing address or email address to which we send statements or notices. If you have more than one Account with us, you need to notify us in relation to each Account. We may update your contact details if we receive information that they have changed or are incorrect. If we have been unable to deliver any communications or these have been returned, we may stop attempting to communicate with you until we receive accurate contact information. We are not responsible for if you do not receive a communication (other than information we are required to provide by law) if we send it to the address you have given us, or if we do not send the communication because previous communications have been undeliverable. Cancelling or suspending your Account We may cancel or suspend your Account (i.e. permanently or temporarily stop you from using your Card or Account to make any Transactions and prevent you from accessing any services offered under this Agreement); cancel or suspend any feature on your Account; or withdraw or not reissue any Card. We may do this for security reasons, in the event you default, if we suspect unauthorised, improper and/or fraudulent use, or because there is a significantly increased risk that you will not be able to repay and on time (for example, if you are made bankrupt). We will normally notify you beforehand or immediately afterwards and may provide you with the reasons. If your Account is cancelled or suspended, you must not use your Cards and, if cancelled, must destroy them, and you must still pay us your total Account balance. We may notify merchants that your Account has been cancelled or suspended. We may agree to reinstate your Account after we have stopped you from using it if the reasons we restricted your Account in the first place are no longer present. You can tell us this is the case and request reinstatement via our website or by calling us (our contact details are at the beginning of y
Appears in 2 contracts
Sources: Credit Card Agreement, Credit Card Agreement
Authorising and declining. Transactions You authorise a Transaction when you do any of the following: request a Transaction using your Account by presenting or providing a Card, the Card details or Account details and, if required for the Transaction, entering any Card PIN, password, personal identifiers or by following the relevant personalised set of procedures that we have agreed that you may use in order to request a Transaction; or ask us to carry out a balance transfer by requesting the Transaction in a way we permit you to (and satisfying any additional requirements that we tell you about). You can only cancel future dated Transactions, or recurring Transactions (for example, Transactions that are part of a series such as annual membership fees), if you cancel them by the end of the working day before they are due to be processed. We may impose and vary limits and restrictions on certain uses of the Card or certain Transactions. For example cash advances or Transactions authorised by contactless readers may be subject to maximum Transaction amounts (per authorisation or within a period). We may decline to authorise a Transaction on reasonable grounds. Reasons we may do this include suspected unauthorised or improper use, fraud, technical difficulties, legal requirements, if the use of the Card would be prohibited prohibited, you have insufficient funds, or because certain types of Transactions are not available (including if the Transaction would exceed a Transaction limit of some sort). We may also decline to authorise a Transaction because we think it is the right thing to do as responsible lenders (for example because we are concerned about your ability to sustain repayments under your Agreement). If this happens we will also contact you to discuss your financial position. We may decline to authorise a Transaction even if your Account is not in default. If we do, you will normally be told at the point of sale, but you may not be. In all cases, you can find out about Transactions we have refused or any other restrictions imposed on your Card by calling us (our contact details are at the beginning of this Agreement). We are not responsible for any losses you incur if we do not authorise a Transaction and we are not responsible if any merchant refuses to accept the Card. Contactless payments and mobile wallet technology Cards issued on your Account may be equipped to enable contactless payment. Contactless payments enable you to make Transactions simply by holding your Card against a Card reader. We may deactivate contactless payments at any time. We may permit you to use mobile or other payment wallet technology (provided by a third party company or by another of our group companies) to request Transactions. Use of wallet technology may be subject to further terms of use, but this Agreement still applies to any Transactions you request using payment wallet technology. Transactions you have not authorised You will not be responsible for any unauthorised Transactions incurred before you receive the Card which was used. You will not be responsible for Transactions where you or a Supplementary Cardmember have not allowed someone else to use your Account or Card. If the Card or Account usage was allowed, you may be responsible for all Transactions which occur before you tell us you suspect your Account is being misused. If you act dishonestly, you will be responsible for all Transactions. If you have allowed someone else to access a mobile phone or other device to which your Card has been registered (for example by giving them your passcode or by letting them add their fingerprint to it), we will treat the Transactions made using the device as authorised, so you will be responsible for them. If there are errors in a Transaction and this is our fault, we will reverse the Transaction and restore your Account. We may then resubmit the correct Transaction. If upon contacting us, you wish to dispute a Transaction, we will initiate an inquiry and may suspend the Transaction on your Account if we reasonably consider there to be a valid dispute. Once investigations are complete, we will adjust your Account accordingly. Transactions for unexpected amounts If you make a Transaction at a merchant within the European Economic Area and, at the time that you authorised it, you did not know the amount of the Transaction, you can request a refund from us if the amount charged is more than you reasonably expected. You must request the refund within 8 weeks from the date of the statement on which the Transaction appears. You will need to provide us with all the information we reasonably ask for and we may provide this information to third parties investigating your claim. We will conclude our investigations within 10 business days of us receiving all required information and either make the refund (normally adjusting your Account) or tell you why we have refused your claim. Theft, Loss or Misuse of the Card or Account You must: • sign the Card (if applicable) and keep it in your possession and secure (including using device passcodes where applicable); • not let others use your Card and regularly check you still have it; • not give your Card, Account details, PIN or other passwords to anyone else other than when you are authorising a Transaction and do not let others see them when you use them; • choose a PIN or password that is not easy to guess. If you register your Card for use on a mobile phone or similar, you must keep it and your security credentials safe and secure at all times, in the same way you would your Card or PIN, and you must always use the lock feature on the phone or other device. Never share your security credentials or allow another person to have access to the device in a way which allows them to make payments using your Card on the device. You must tell us straight away if you suspect: • a Card has been lost or stolen or not received; • a phone or other device to which your Card has been registered has been lost, stolen or compromised; • someone else knows a PIN or other security code; or • your Account or Card is being misused or used without your authorisation, or a Transaction on your Account has not been authorised or has been processed incorrectly. Once you have told us, we will cancel the Card and a replacement Card will be issued. When you must pay You must The Payment Due Date shown on your statement will be at least 25 days after your statement date. Provided you pay the Minimum Payment Due by this date, repayment of the balance on the Account is fully flexible and you have a right to pay us whenever and as often as you like. If we request, you also agree to pay us any amount by which you have gone over your credit limit immediately or together with your Minimum Payment Due. The amount shown as due on the statement may therefore comprise the Minimum Payment Due, which is the full any arrears still outstanding balance on and any over limit amount. Payments will be treated as clearing arrears before they are treated as payment of your Account each month as shown on Minimum Payment Due. You must still pay your statement. This should reach us and be credited to your Account Minimum Payment Due by the Payment Due Date (which is also shown on your statement)if you do not receive a statement in any month. In that case, you should contact us to check what amount must be paid and by when. Credits and refunds to your Account will not be treated as payments made by you. How to pay You must make payments to us in Pounds Sterling by any method set out on your statement or any method we otherwise tell you about or permit you to use. You must make a separate payment for each Account you hold with us. If you send payments together and do not clearly designate the Account to be paid, we may apply payments to any Account. We will credit payments to your Account as of the day we receive the funds, as long as we receive them within our business hours that day. If we receive a payment after that time, we will credit it on the day after we receive it. If your payment does not meet the instructions set out in your statement, there may be a delay in crediting your Account. This may result in Late Payment Fees and additional interest charges being applied. Any time periods for making your payment to us that we may provide are estimates only and are dependent on the payment system and service provider you choose to make payment. You must allow sufficient time for us to receive funds by the Payment Due Date. Third parties who send us or process your payment on your behalf are not our agents and their receipt of a payment will not be treated as the time we receive your payment. If we decide to accept a payment made in a foreign currency, we will choose a rate to convert your payment into Pounds Sterling, unless the law requires us to use a particular rate. We may impose additional charges for converting payment including any currency conversion cost incurred by us. If we process a late payment, a partial payment or a payment marked with any restrictive language (such as in full and final settlement), that will have no effect on our rights (e.g. to recover the full balance owing) and will not change this Agreement. Although we may credit your Account with a payment, we reserve the right to reverse the payment if it is returned or dishonoured for any reason. How we apply payments and credits We apply payment first to amounts on your balance charged at the highest interest rate and then to amounts on your balance charged at lower interest rates in descending order. In applying this principle, we will normally first apply payments to your Account in the following order: • applicable Cardmembership Fees and Supplementary Cardmembership Fees; • service charges (for example, Statement Copy Fees); • Late Payment Fees; • other fees charged by us that appear as a separate item on your monthly statement, for example, Returned Payment Fees; • collection charges; • Transactions amounts that have appeared on a monthly statement; your statements and • Transactions then to amounts that have not yet appeared on your monthly statementstatements. Missing payments Missing payments by failing to make Payments Due by the Payment Due Date could mean you have to pay additional charges or costs, your credit rating may be affected making obtaining credit more difficult or expensive, legal action may be taken against you, an application may be made to make you bankrupt, or, if we obtain a charging order, we may obtain an order for sale which could lead to your home being repossessed. Supplementary Cardmembers At your request, we may issue Cards to Supplementary Cardmembers. These Cards are part of your Account and you must make sure that Supplementary Cardmembers keep to this Agreement. If you are a business customer, any Supplementary Cardmember must be a co-owner, partner, director, committee member or an employee of the business. If you have any other type of Card, you You are responsible for all use of your Account by Supplementary Cardmembers and anyone they allow to use your Account. This means that you must pay for all Transactions they make, subject to the terms of this Agreement. If you want to cancel a Supplementary Cardmember's right to use your Account (and cancel their Card) you must tell us. We may limit the number of Supplementary Cardmembers allowed on your Account. Converting Transactions made in a foreign currency If you make a Transaction that is submitted to us in a foreign currency, or if we receive a refund in a foreign currency, it will be converted into Pounds Sterling by us on the date it is processed (which may be different to the date of the Transaction or refund). This means that the exchange rate used may differ from the rate that is in effect on the date of your Transaction or refund. Exchange rate fluctuations can be significant. If the Transaction or refund is in U.S. Dollars, it will be converted directly into Pounds Sterling. In all other cases, it will be converted into U.S. Dollars first and then into Pounds Sterling. However, only one Non-Sterling Transaction Fee will be payable. Unless a particular exchange rate is either required by law, or is used as a matter of local custom or convention in the territory where the Transaction or refund is made (in which case we will look to be consistent with that custom or convention), the exchange rates we use will be based on interbank rates selected from customary industry sources on the business day prior to the processing date. We call this conversion rate the 'American Express Exchange Rate'. The American Express Exchange Rate is set each business day. Changes in the rate will be applied immediately and without notice to you. You can find our rates via the 'My Account' section of the online account centre or by calling us (our contact details are at the beginning of this Agreement). When you make a Transaction in a foreign currency, you may be given the option of allowing a third party (for example, the merchant) to convert your Transaction into Pounds Sterling before submitting it to us. It is your decision whether to use the third party currency conversion or not. If you decide to do this, the currency conversion will be at an exchange rate selected by the third party and may include a commission or charge, also selected by the third party. You should check the fees and charges before completing the Transaction to ensure that you do not pay more than necessary. Since a Transaction converted via the third party will be submitted to us in Pounds Sterling, we will not apply a Non-Sterling Transaction Fee. Statements and legal notices We will provide you with or make available to you statements relating to your Account at least once a month if there has been any Account activity and otherwise once every 12 months. We may send you notices (including all information we are required to send you, including information about changes to this Agreement) on or together with your statements. In addition to payment information, each statement will show all Transactions made using Cards in the statement period, the total Account balance, and any American Express Exchange Rate used in the conversion of a foreign currency Transaction and the Non-Sterling Transaction Fee. Always check each statement for accuracy and contact us as soon as possible if you need more information about a Transaction on any statement (our contact details are at the beginning of this Agreement). We reserve the right to make some Account data available to you on request once a month. If we do, we will notify you in your statement. Statements might also contain important information about the Card or Card Benefits (for example, American Express Invites or promotional offers available to you as an American Express Cardmember). If you are registered for our online account centre, this information might also be displayed on web pages associated with your online services. Unless you have told us otherwise, we will send you statements (as well as any other notices we are required by law to provide) by email to the email address you have most recently given to us, by posting them to a secure website or by making them available to you in any other lawfully permitted manner. You should make sure you regularly check this information and any mail we post to you electronically in the same way you would written mail. If you have asked to receive your statements by post, we will send statements (and any notices we are required by law to provide) through the U.K. post, addressed to you, at the latest billing address on our records. Contacting you We may send you alerts, important messages and other communications about your Account by email, by SMS or by posting them securely on our website, for example, we may send you an alert to confirm that you have updated your contact information. If you enrol for online services, you must keep your username, password and also your email access and mobile phones safe and secure as some Account information may be disclosed via these means. Changing your contact details You must notify us immediately if you change the mailing address or email address to which we send statements or notices. If you have more than one Account with us, you need to notify us in relation to each Account. We may update your contact details if we receive information that they have changed or are incorrect. If we have been unable to deliver any communications or these have been returned, we may stop attempting to communicate with you until we receive accurate contact information. We are not responsible for if you do not receive a communication (other than information we are required to provide by law) if we send it to the address you have given us, or if we do not send the communication because previous communications have been undeliverable. Cancelling or suspending your Account We may cancel or suspend your Account (i.e. permanently or temporarily stop you from using your Card or Account to make any Transactions and prevent you from accessing any services offered under this Agreement); cancel or suspend any feature on your Account; or withdraw or not reissue any Card. We may do this for security reasons, in the event you default, if we suspect unauthorised, improper and/or fraudulent use, or because there is a significantly increased risk that you will not be able to repay and on time (for example, if you are made bankrupt). We will normally notify you beforehand or immediately afterwards and may provide you with the reasons. If your Account is cancelled or suspended, you must not use your Cards and, if cancelled, must destroy them, and you must still pay us your total Account balance. We may notify merchants that your Account has been cancelled or suspended. We may agree to reinstate your Account after we have stopped you from using it if the reasons we restricted your Account in the first place are no longer present. You can tell us this is the case and request reinstatement via our website or by calling us (our contact details are at the beginning of y
Appears in 2 contracts
Sources: Credit Card Agreement, Credit Card Agreement
Authorising and declining. Transactions You authorise a Transaction when you request a Transaction using your Account by presenting or providing a Card, the Card details or Account details and, if required for the Transaction, entering any Card PIN, password, personal identifiers or by following the relevant personalised set of procedures that we have agreed that you may use in order to request a Transaction. You can only cancel future dated Transactions, or recurring Transactions (for example, Transactions that are part of a series such as annual membership fees), if you cancel them by the end of the working day before they are due to be processed. We may impose and vary limits and restrictions on certain uses of the Card or certain Transactions. For example Transactions authorised by contactless readers may be subject to maximum Transaction amounts (per authorisation or within a period). We may decline to authorise a Transaction on reasonable grounds. Reasons we may do this include suspected unauthorised or improper use, fraud, technical difficulties, legal requirements, if the use of the Card would be prohibited or because certain types of Transactions are not available (including if the Transaction would exceed a Transaction limit of some sort). We may decline to authorise a Transaction even if your Account is not in default. If we do, you will normally be told at the point of sale, but you may not be. In all cases, you can find out about Transactions we have refused or any other restrictions imposed on your Card by calling us (our contact details are at the beginning of this Agreement). We are not responsible for any losses you incur if we do not authorise a Transaction and we are not responsible if any merchant refuses to accept the Card. Contactless payments and mobile wallet technology Cards issued on your Account may be equipped to enable contactless payment. Contactless payments enable you to make Transactions simply by holding your Card against a Card reader. We may deactivate contactless payments at any time. We may permit you to use mobile or other payment wallet technology (provided by a third party company or by another of our group companies) to request Transactions. Use of wallet technology may be subject to further terms of use, but this Agreement still applies to any Transactions you request using payment wallet technology. Transactions you have not authorised You will not be responsible for any unauthorised Transactions incurred before you receive the Card which was used. You will not be responsible for Transactions where you or a Supplementary Cardmember have not allowed someone else to use your Account or Card. If the Card or Account usage was allowed, you may be responsible for all Transactions which occur before you tell us you suspect your Account is being misused. If you act dishonestly, you will be responsible for all Transactions. If you have allowed someone else to access a mobile phone or other device to which your Card has been registered (for example by giving them your passcode or by letting them add their fingerprint to it), we will treat the Transactions made using the device as authorised, so you will be responsible for them. If there are errors in a Transaction and this is our fault, we will reverse the Transaction and restore your Account. We may then resubmit the correct Transaction. If upon contacting us, you wish to dispute a Transaction, we will initiate an inquiry and may suspend the Transaction on your Account if we reasonably consider there to be a valid dispute. Once investigations are complete, we will adjust your Account accordingly. Transactions for unexpected amounts If you make a Transaction at a merchant within the European Economic Area and, at the time that you authorised it, you did not know the amount of the Transaction, you can request a refund from us if the amount charged is more than you reasonably expected. You must request the refund within 8 weeks from the date of the statement on which the Transaction appears. You will need to provide us with all the information we reasonably ask for and we may provide this information to third parties investigating your claim. We will conclude our investigations within 10 business days of us receiving all required information and either make the refund (normally adjusting your Account) or tell you why we have refused your claim. Theft, Loss or Misuse of the Card or Account You must: • sign the Card (if applicable) and keep it in your possession and secure (including using device passcodes where applicable); • not let others use your Card and regularly check you still have it; • not give your Card, Account details, PIN or other passwords to anyone else other than when you are authorising a Transaction and do not let others see them when you use them; • choose a PIN or password that is not easy to guess. If you register your Card for use on a mobile phone or similar, you must keep it and your security credentials safe and secure at all times, in the same way you would your Card or PIN, and you must always use the lock feature on the phone or other device. Never share your security credentials or allow another person to have access to the device in a way which allows them to make payments using your Card on the device. You must tell us straight away if you suspect: • a Card has been lost or stolen or not received; • a phone or other device to which your Card has been registered has been lost, stolen or compromised; • someone else knows a PIN or other security code; or • your Account or Card is being misused or used without your authorisation, or a Transaction on your Account has not been authorised or has been processed incorrectly. Once you have told us, we will cancel the Card and a replacement Card will be issued. When you must pay You must pay the Payment Due, which is the full outstanding balance on your Account each month as shown on your statement. This should reach us and be credited to your Account by the Payment Due Date (which is also shown on your statement). Credits and refunds to your Account will be treated as payments made by you. How to pay You must make payments to us in Pounds Sterling by any method set out on your statement or any method we otherwise tell you about or permit you to use. You must make a separate payment for each Account you hold with us. If you send payments together and do not clearly designate the Account to be paid, we may apply payments to any Account. We will credit payments to your Account as of the day we receive the funds, as long as we receive them within our business hours that day. If we receive a payment after that time, we will credit it on the day after we receive it. If your payment does not meet the instructions set out in your statement, there may be a delay in crediting your Account. This may result in Late Payment Fees being applied. Any time periods for making your payment to us that we may provide are estimates only and are dependent on the payment system and service provider you choose to make payment. You must allow sufficient time for us to receive funds by the Payment Due Date. Third parties who send us or process your payment on your behalf are not our agents and their receipt of a payment will not be treated as the time we receive your payment. If we decide to accept a payment made in a foreign currency, we will choose a rate to convert your payment into Pounds Sterling, unless the law requires us to use a particular rate. We may impose additional charges for converting payment including any currency conversion cost incurred by us. If we process a late payment, a partial payment or a payment marked with any restrictive language (such as in full and final settlement), that will have no effect on our rights (e.g. to recover the full balance owing) and will not change this Agreement. Although we may credit your Account with a payment, we reserve the right to reverse the payment if it is returned or dishonoured for any reason. How we apply payments and credits We will normally apply payments to your Account in the following order: • applicable Cardmembership Fees and Supplementary Cardmembership Fees; • service charges (for example, Statement Copy Fees); • Late Payment Fees; • other fees charged by us that appear as a separate item on your monthly statement, for example, Returned Payment Fees; • collection charges; • Transactions that have appeared on a monthly statement; and • Transactions that have not yet appeared on your monthly statement. Missing payments Missing payments by failing to make Payments Due by the Payment Due Date could mean you have to pay additional charges or costs, your credit rating may be affected making obtaining credit more difficult or expensive, legal action may be taken against you, an application may be made to make you bankrupt, or, if we obtain a charging order, we may obtain an order for sale which could lead to your home being repossessed. Supplementary Cardmembers At your request, we may issue Cards to Supplementary Cardmembers. These Cards are part of your Account and you must make sure that Supplementary Cardmembers keep to this Agreement. If you are a business customer, any Supplementary Cardmember must be a co-owner, partner, director, committee member or an employee of the business. If you have any other type of Card, you are responsible for all use of your Account by Supplementary Cardmembers and anyone they allow to use your Account. This means that you must pay for all Transactions they make, subject to the terms of this Agreement. If you want to cancel a Supplementary Cardmember's right to use your Account (and cancel their Card) you must tell us. We may limit the number of Supplementary Cardmembers allowed on your Account. Converting Transactions made in a foreign currency If you make a Transaction that is submitted to us in a foreign currency, or if we receive a refund in a foreign currency, it will be converted into Pounds Sterling by us on the date it is processed (which may be different to the date of the Transaction or refund). This means that the exchange rate used may differ from the rate that is in effect on the date of your Transaction or refund. Exchange rate fluctuations can be significant. If the Transaction or refund is in U.S. Dollars, it will be converted directly into Pounds Sterling. In all other cases, it will be converted into U.S. Dollars first and then into Pounds Sterling. However, only one Non-Sterling Transaction Fee will be payable. Unless a particular exchange rate is either required by law, or is used as a matter of local custom or convention in the territory where the Transaction or refund is made (in which case we will look to be consistent with that custom or convention), the exchange rates we use will be based on interbank rates selected from customary industry sources on the business day prior to the processing date. We call this conversion rate the 'American Express Exchange Rate'. The American Express Exchange Rate is set each business day. Changes in the rate will be applied immediately and without notice to you. You can find our rates via the 'My Account' section of the online account centre or by calling us (our contact details are at the beginning of this Agreement). When you make a Transaction in a foreign currency, you may be given the option of allowing a third party (for example, the merchant) to convert your Transaction into Pounds Sterling before submitting it to us. It is your decision whether to use the third party currency conversion or not. If you decide to do this, the currency conversion will be at an exchange rate selected by the third party and may include a commission or charge, also selected by the third party. You should check the fees and charges before completing the Transaction to ensure that you do not pay more than necessary. Since a Transaction converted via the third party will be submitted to us in Pounds Sterling, we will not apply a Non-Sterling Transaction Fee. Statements We will provide you with or make available to you statements relating to your Account at least once a month if there has been any Account activity and otherwise once every 12 months. We may send you notices (including all information we are required to send you, including information about changes to this Agreement) on or together with your statements. In addition to payment information, each statement will show all Transactions made using Cards in the statement period, the total Account balance, and any American Express Exchange Rate used in the conversion of a foreign currency Transaction and the Non-Sterling Transaction Fee. Always check each statement for accuracy and contact us as soon as possible if you need more information about a Transaction on any statement (our contact details are at the beginning of this Agreement). We reserve the right to make some Account data available to you on request once a month. If we do, we will notify you in your statement. Statements might also contain important information about the Card or Card Benefits (for example, American Express Invites or promotional offers available to you as an American Express Cardmember). If you are registered for our online account centre, this information might also be displayed on web pages associated with your online services. Unless you have told us otherwise, we will send you statements by email to the email address you have most recently given to us, by posting them to a secure website or by making them available to you in any other lawfully permitted manner. You should make sure you regularly check this information and any mail we post to you electronically in the same way you would written mail. If you have asked to receive your statements by post, we will send statements through the U.K. post, addressed to you, at the latest billing address on our records. Contacting you We may send you alerts, important messages and other communications about your Account by email, by SMS or by posting them securely on our website, for example, we may send you an alert to confirm that you have updated your contact information. If you enrol for online services, you must keep your username, password and also your email access and mobile phones safe and secure as some Account information may be disclosed via these means. Changing your contact details You must notify us immediately if you change the mailing address or email address to which we send statements or notices. If you have more than one Account with us, you need to notify us in relation to each Account. We may update your contact details if we receive information that they have changed or are incorrect. If we have been unable to deliver any communications or these have been returned, we may stop attempting to communicate with you until we receive accurate contact information. We are not responsible if you do not receive a communication (other than information we are required to provide by law) if we send it to the address you have given us, or if we do not send the communication because previous communications have been undeliverable. Cancelling or suspending your Account We may cancel or suspend your Account (i.e. permanently or temporarily stop you from using your Card or Account to make any Transactions and prevent you from accessing any services offered under this Agreement); cancel or suspend any feature on your Account; or withdraw or not reissue any Card. We may do this for security reasons, in the event you default, if we suspect unauthorised, improper and/or fraudulent use, or because there is a significantly increased risk that you will not be able to repay and on time (for example, if you are made bankrupt). We will normally notify you beforehand or immediately afterwards and may provide you with the reasons. If your Account is cancelled or suspended, you must not use your Cards and, if cancelled, must destroy them, and you must still pay us your total Account balance. We may notify merchants that your Account has been cancelled or suspended. We may agree to reinstate your Account after we have stopped you from using it if the reasons we restricted your Account in the first place are no longer present. You can tell us this is the case and request reinstatement via our website or by calling us (our contact details are at the beginning of
Appears in 1 contract
Sources: Charge Card Agreement