Common use of TPP Clause in Contracts

TPP. If we do, we'll tell you why in the way we think most appropriate (unless doing so would compromise our reasonable security measures or otherwise be unlawful). How you can authorise and cancel transactions To authorise a transaction you can: • present a card or provide your account details and, if required, use your security details (such as a PIN, passcode, personal identifiers, biometric data or other details); or • give us an instruction to make a balance/money transfer (by giving us the account details you want to send a payment to) and answer the questions we ask using your security details to verify that the instruction is from you. We may deactivate contactless payments at any time. You can't cancel purchases you make with a card but you can cancel other transactions that you've asked us to make in the future or regular payments (such as annual membership fees) if you ask us before the end of the business day before they are due to be made. When we can refuse to make a transaction We may refuse to authorise a transaction if: • we have reasonable grounds to suspect unauthorised or improper use or fraud; • we reasonably consider that acting on your instructions might lead to: o a breach of law, regulation, code or other obligation; or o action from a government, law enforcement agency or regulator; • we're legally required to; • use of the card would be prohibited; • you have insufficient funds; or • the transaction would exceed a transaction limit of some sort or take your account over your credit limit. You may not use your account for illegal activities or in a manner which disguises the true nature of the transaction, for example, by obtaining cash through a transaction which you know will be treated as a purchase of goods and services, or by using your card at a merchant you own or control. If we do refuse a transaction, you'll normally be told at the point of sale. In all cases, you can find out about transactions we've refused, including the reasons why or any limits we may have put on your card, by calling us. We'll let you know this information unless the law or any regulation prevents us from doing so or for fraud prevention or security reasons. If we don't authorise a transaction or a retailer doesn't accept the card we're not responsible for any loss. Transactions you haven't authorised You're not responsible for any transactions: • made using the actual card before you receive it (for example, if your card is stolen in the post); • where we haven't told you how you can contact us to notify us that your card or security details have been lost, stolen or compromised; • if we fail to apply procedures that we're legally required to use to check that a payment has been authorised by you or a supplementary cardmember; • not authorised by you or a supplementary cardmember or any person you or a supplementary cardmember allowed, in breach of the agreement, to use your account or card; • made by a person you or a supplementary cardmember allowed, in breach of the agreement, to use your account or card after you tell us you suspect your account is being misused. You're responsible if you or a supplementary cardmember: • use your account or card fraudulently; • allowed someone else to use your account or card, including if someone else is allowed to access a mobile phone or other device on which your card has been registered (for example, by giving them your passcode or by letting them register their fingerprint on it) but you won't be responsible for any transactions made by a person you or a supplementary cardmember allowed to use your account or card after you tell us you suspect your account is being misused. If there are errors in a transaction and this is our fault, we'll give you a refund. We may then resubmit the correct transaction. If upon contacting us, you wish to dispute a transaction, we'll 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'll adjust your account accordingly. Transactions for unexpected amounts If you make a purchase within the European Economic Area and, at the time that you authorised it, you didn't know exactly how much you were going to be charged (for example, at a hotel check-in) you can request a refund from us if the amount charged is more than you reasonably expect and you ask for the refund within 8 weeks from the date of the statement on which the purchase appears. You'll need to provide us with all the information we reasonably ask for and we may provide this information (including personal information) to third parties investigating your claim. We'll conclude our investigation within 10 business days of us receiving all required information and either make the refund or tell you why we've refused your claim. You're not entitled to a refund if you or a supplementary cardmember gave consent for a transaction directly to us and, at least four weeks before the transaction was made, you were given information about the transaction (or it was made available to you) by us or the retailer. For example, at the time you placed an order, the exact amount was unknown but was later confirmed to you at least four weeks before your card was charged. Incorrect balance/money transfers We’ll refund the amount of a balance/money transfer and any interest, fees or charges we charge you as a result without undue delay if you instruct us to make a transfer and it is incorrectly made or it never arrives. If you give us the wrong details for a balance/money transfer or we can show that the bank we made the payment to did receive it, we won’t have to give you a refund but we'll help you to recover the money (we may charge a fee to cover our costs). Theft, loss or misuse of the card or account You or a supplementary cardmember must: • sign the card and keep it safe and secure (including using device passcodes, biometric data or other security details where applicable); • not let others use the account or card and regularly check you still have the card; • not give the card or card number to anyone else other than us, or for the purpose of making a transaction and not share your security details with anyone else (other than us or a TPP if it's necessary to do so); • choose a PIN or passcode that is not easy to guess. If you or a supplementary cardmember, register a card for use on a mobile phone or other device, you or the supplementary cardmember, must: • keep it and your security details safe and secure at all times, in the same way you would your card or PIN; • always use the lock feature on the phone or other device, where applicable; • never share your security details or allow another person to have access to the device in a way which allows them to make transactions using the card registered on the device. You or a supplementary cardmember must tell us straight away if you suspect: • a card has been lost or stolen or not received; • a mobile phone or other device to which a card has been registered has been lost, stolen or compromised; • someone else knows a PIN or other security details; or • the account or a card is being misused or used without authorisation, or a transaction on the account has not been authorised or has been processed incorrectly. Our contact details are at the beginning of this agreement. If the use of a card is stopped for any reason, the use of all other cards issued on your account may also be stopped at the same time. If you register for online account services, you must keep your security details (such as your username, password or other details) and also your mobile phone or other device safe and secure. How much and when you must pay You must pay the minimum payment by the payment due date shown on your statement but you can always pay more than the minimum payment due. If we don't ask you to pay any arrears, they'll be due with your minimum payment. We'll use any payment you make to pay off arrears before any other amounts you owe us. We won't treat any payment we make into your account or any refund given by a retailer for a purchase as payment made by you. If you pay more than you owe us under this agreement, we'll return the amount you've overpaid. 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 don't clearly designate the account to be paid, we may apply payments to any account. We'll apply any payment to your account on the day we receive it, as long as this is within our business hours. We'll apply any payment we receive after that time on the next business day. How we apply payments We pay off amounts you owe at the highest interest rates before amounts charged at lower interest rates and we'll apply payments to amounts that have appeared on your statements before amounts that have not yet appeared on your statements. Missing payments Missing payments can have serious consequences. It could mean: • if you miss a payment, you‘ll lose any promotional interest rates on your account which means any remaining promotional balances will be charged interest at your standard rate; • you have to pay additional charges or costs; • your credit rating may be affected, making it more difficult or expensive to obtain credit; and • legal action (which could include getting a court order giving us the right to payment out of the sale proceeds for your home or other property) or bankruptcy proceedings may be taken against you to recover any debt owed under this agreement. Payments into your account by mistake If we make a payment into your account by mistake or as a result of a systems error, we'll automatically take the amount out of your account. If we're told that a payment from within the EEA was made into your account as a result of someone else's mistake (for example, if the payer gave the wrong account number or reference), but, when we contact you, you tell us the payment was intended for you, we're legally required to share all relevant information including your name and address and transaction information with the bank the payment came from if they ask us so that the payer may contact you. Supplementary cardmembers At your request, we may issue cards on your account to supplementary cardmembers. You must make sure that supplementary cardmembers keep to this agreement. You're responsible for all use of your account by supplementary cardmembers and anyone they allow to use your account. This means you must repay all transactions they make. If you want to end a supplementary cardmember's right to use your account you must tell us. Converting transactions made in a foreign currency If we receive a transaction or refund for processing in a foreign currency, we'll convert it into Pounds Sterling on the date it's 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 applied on the date of your transaction or refund. Exchange rate fluctuations can be significant. If the transaction or refund is in U.S. Dollars, we'll convert it directly into Pounds Sterling. In all other cases, we'll convert it into U.S. Dollars first and then into Pounds Sterling but we'll only charge one non- sterling transaction fee. The exchange rate we use will be: • the rate required by law or customarily used in the territory where the transaction or refund is made, or where this doesn't apply; • 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 day from Monday to Friday (including bank holidays) except for Christmas Day and New Year's Day. You can find our rates via the 'My account' section of the online account centre or by calling us. When you make a transaction in a foreign currency, you may be given the option of allowing a third party (for example, the retailer) to convert your transaction into Pounds Sterling before submitting it to us. If you decide to do this, the exchange rate and any commission or charge will be set by the third party and may include a commission or charge. As we'll receive a transaction converted by a third party in Pounds Sterling, we won't apply a non-sterling transaction fee. Statements and legal notices We'll send statements to you by your chosen method at least once a month (1) if there has been any account activity or (2) if there has been a Base Rate change and otherwise once every 12 months. This could be by post, by email to the email address you've most recently given to us, by posting them in the online account centre or by making them available to you in any other lawfully permitted manner. We may send you notices (including any information we're legally required to send you, such as information about changes to this agreement or other agreements we have with you) on or together with your statements. In addition to payment information, each statement will show all transactions and amounts charged to your account in the statement period and the total account balance. Always check each statement and contact us as soon as possible if you need more information about anything. If you receive statements online, 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 receive statements by post, we'll send statements (and any notices we're required by law to provide) by post, addressed to you, at the latest billing address on our records. Contacting you We may send you important messages and other communications (including alerts about certain activity on your account) about your account, card or card benefits in line with your preferences. This could be by email or SMS, on your statements or by posting them in the online account centre, for example, we may send you an alert to confirm that you've updated your contact information. There are some messages we need to send you (such as statements of your account or security alerts), but you can opt out of receiving other alerts or communications (such as marketing) by contacting us using the online account centre or by calling us. If we need to contact you about any actual or suspected fraud or security threats, we'll do this using the fastest and most secure way of contacting you (for example, we may try to send you a text message rather than calling you). Changing your contact details We'll use your most recent contact details to contact you. You must notify us immediately if you change the mailing address or email address we send statements or notices to. We may update your contact details if we receive information that they have changed or are incorrect. If we've 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. Any legal notices will be posted to the online account centre or sent to your last known mailing address or email address. Suspending your account We may suspend your account or any feature on your account if: • you tell us to close your account or we tell you we are closing your account; • we consider it necessary for the security of the account; • you're in breach of the agreement; • we suspect unauthorised, improper and/or fraudulent use; • we reasonably think there's a significantly increased risk that you'll not be able to repay us; and • you've repaid more in interest and charges than the amount you've borrowed on your card for a sustained period. We'll normally notify you beforehand or immediately afterwards and may provide you with the reasons. If your account is suspended, you (and any supplementary cardmember) must not use the card and inform retailers not to seek to take any further payments from your account. We'll allow you to use the account, if the reasons we suspended your account in the first place no longer apply. You can tell us this is the case and request reinstatement via our website or by calling us. Ending your agreement This agreement is

Appears in 14 contracts

Sources: Credit Card Agreement, Credit Card Agreement, Credit Card Agreement

TPP. If we do, we'll tell you why in the way we think most appropriate (unless doing so would compromise our reasonable security measures or otherwise be unlawful). How you can authorise and cancel transactions To authorise a transaction you can: • present a card or provide your account details and, if required, use your security details (such as a PIN, passcode, personal identifiers, biometric data or other details); or • give us an instruction to make a balance/money transfer (by giving us the account details you want to send a payment to) and answer the questions we ask using your security details to verify that the instruction is from you. We may deactivate contactless payments at any time. You can't cancel purchases you make with a card but you can cancel other transactions that you've asked us to make in the future or regular payments (such as annual membership fees) if you ask us before the end of the business day before they are due to be made. When we can refuse to make a transaction We may refuse to authorise a transaction if: • we have reasonable grounds to suspect unauthorised or improper use or fraud; • we reasonably consider that acting on your instructions might lead to: o a breach of law, regulation, code or other obligation; or o action from a government, law enforcement agency or regulator; • we're legally required to; • use of the card would be prohibited; • you have insufficient funds; or • the transaction would exceed a transaction limit of some sort or take your account over your credit limit. You may not use your account for illegal activities or in a manner which disguises the true nature of the transaction, for example, by obtaining cash through a transaction which you know will be treated as a purchase of goods and services, or by using your card at a merchant you own or control. If we do refuse a transaction, you'll normally be told at the point of sale. In all cases, you can find out about transactions we've refused, including the reasons why or any limits we may have put on your card, by calling us. We'll let you know this information unless the law or any regulation prevents us from doing so or for fraud prevention or security reasons. If we don't authorise a transaction or a retailer doesn't accept the card we're not responsible for any loss. Transactions you haven't authorised You're not responsible for any transactions: • made using the actual card before you receive it (for example, if your card is stolen in the post); • where we haven't told you how you can contact us to notify us that your card or security details have been lost, stolen or compromised; • if we fail to apply procedures that we're legally required to use to check that a payment has been authorised by you or a supplementary cardmember; • not authorised by you or a supplementary cardmember or any person you or a supplementary cardmember allowed, in breach of the agreement, to use your account or card; • made by a person you or a supplementary cardmember allowed, in breach of the agreement, to use your account or card after you tell us you suspect your account is being misused. You're responsible if you or a supplementary cardmember: • use your account or card fraudulently; • allowed someone else to use your account or card, including if someone else is allowed to access a mobile phone or other device on which your card has been registered (for example, by giving them your passcode or by letting them register their fingerprint on it) but you won't be responsible for any transactions made by a person you or a supplementary cardmember allowed to use your account or card after you tell us you suspect your account is being misused. If there are errors in a transaction and this is our fault, we'll give you a refund. We may then resubmit the correct transaction. If upon contacting us, you wish to dispute a transaction, we'll 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'll adjust your account accordingly. Transactions for unexpected amounts If you make a purchase within the European Economic Area and, at the time that you authorised it, you didn't know exactly how much you were going to be charged (for example, at a hotel check-in) you can request a refund from us if the amount charged is more than you reasonably expect and you ask for the refund within 8 weeks from the date of the statement on which the purchase appears. You'll need to provide us with all the information we reasonably ask for and we may provide this information (including personal information) to third parties investigating your claim. We'll conclude our investigation within 10 business days of us receiving all required information and either make the refund or tell you why we've refused your claim. You're not entitled to a refund if you or a supplementary cardmember gave consent for a transaction directly to us and, at least four weeks before the transaction was made, you were given information about the transaction (or it was made available to you) by us or the retailer. For example, at the time you placed an order, the exact amount was unknown but was later confirmed to you at least four weeks before your card was charged. Incorrect balance/money transfers We’ll refund the amount of a balance/money transfer and any interest, fees or charges we charge you as a result without undue delay if you instruct us to make a transfer and it is incorrectly made or it never arrives. If you give us the wrong details for a balance/money transfer or we can show that the bank we made the payment to did receive it, we won’t have to give you a refund but we'll help you to recover the money (we may charge a fee to cover our costs). Theft, loss or misuse of the card or account You or a supplementary cardmember must: • sign the card and keep it safe and secure (including using device passcodes, biometric data or other security details where applicable); • not let others use the account or card and regularly check you still have the card; • not give the card or card number to anyone else other than us, or for the purpose of making a transaction and not share your security details with anyone else (other than us or a TPP if it's necessary to do so); • choose a PIN or passcode that is not easy to guess. If you or a supplementary cardmember, register a card for use on a mobile phone or other device, you or the supplementary cardmember, must: • keep it and your security details safe and secure at all times, in the same way you would your card or PIN; • always use the lock feature on the phone or other device, where applicable; • never share your security details or allow another person to have access to the device in a way which allows them to make transactions using the card registered on the device. You or a supplementary cardmember must tell us straight away if you suspect: • a card has been lost or stolen or not received; • a mobile phone or other device to which a card has been registered has been lost, stolen or compromised; • someone else knows a PIN or other security details; or • the account or a card is being misused or used without authorisation, or a transaction on the account has not been authorised or has been processed incorrectly. Our contact details are at the beginning of this agreement. If the use of a card is stopped for any reason, the use of all other cards issued on your account may also be stopped at the same time. If you register for online account services, you must keep your security details (such as your username, password or other details) and also your mobile phone or other device safe and secure. How much and when you must pay You must pay the minimum payment by the payment due date shown on your statement but you can always pay more than the minimum payment due. If we don't ask you to pay any arrears, they'll be due with your minimum payment. We'll use any payment you make to pay off arrears before any other amounts you owe us. We won't treat any payment we make into your account or any refund given by a retailer for a purchase as payment made by you. If you pay more than you owe us under this agreement, we'll return the amount you've overpaid. 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 don't clearly designate the account to be paid, we may apply payments to any account. We'll apply any payment to your account on the day we receive it, as long as this is within our business hours. We'll apply any payment we receive after that time on the next business day. How we apply payments We pay off amounts you owe at the highest interest rates before amounts charged at lower interest rates and we'll apply payments to amounts that have appeared on your statements before amounts that have not yet appeared on your statements. Missing payments Missing payments can have serious consequences. It could mean: • if you miss a payment, you‘ll lose any promotional interest rates on your account which means any remaining promotional balances will be charged interest at your standard rate; • you have to pay additional charges or costs; • your credit rating may be affected, making it more difficult or expensive to obtain credit; and • legal action (which could include getting a court order giving us the right to payment out of the sale proceeds for your home or other property) or bankruptcy proceedings may be taken against you to recover any debt owed under this agreement. Payments into your account by mistake If we make a payment into your account by mistake or as a result of a systems error, we'll automatically take the amount out of your account. If we're told that a payment from within the EEA was made into your account as a result of someone else's mistake (for example, if the payer gave the wrong account number or reference), but, when we contact you, you tell us the payment was intended for you, we're legally required to share all relevant information including your name and address and transaction information with the bank the payment came from if they ask us so that the payer may contact you. Supplementary cardmembers At your request, we may issue cards on your account to supplementary cardmembers. You must make sure that supplementary cardmembers keep to this agreement. You're responsible for all use of your account by supplementary cardmembers and anyone they allow to use your account. This means you must repay all transactions they make. If you want to end a supplementary cardmember's right to use your account you must tell us. Converting transactions made in a foreign currency If we receive a transaction or refund for processing in a foreign currency, we'll convert it into Pounds Sterling on the date it's 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 applied on the date of your transaction or refund. Exchange rate fluctuations can be significant. If the transaction or refund is in U.S. Dollars, we'll convert it directly into Pounds Sterling. In all other cases, we'll convert it into U.S. Dollars first and then into Pounds Sterling but we'll only charge one non- sterling transaction fee. The exchange rate we use will be: • the rate required by law or customarily used in the territory where the transaction or refund is made, or where this doesn't apply; • 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 day from Monday to Friday (including bank holidays) , except for Christmas Day and New Year's ’s Day. You can find our rates via the 'My account' section of the online account centre or by calling us. When you make a transaction in a foreign currency, you may be given the option of allowing a third party (for example, the retailer) to convert your transaction into Pounds Sterling before submitting it to us. If you decide to do this, the exchange rate and any commission or charge will be set by the third party and may include a commission or charge. As we'll receive a transaction converted by a third party in Pounds Sterling, we won't apply a non-sterling transaction fee. Statements and legal notices We'll send statements to you by your chosen method at least once a month (1) if there has been any account activity or (2) if there has been a Base Rate change and otherwise once every 12 months. This could be by post, by email to the email address you've most recently given to us, by posting them in the online account centre or by making them available to you in any other lawfully permitted manner. We may send you notices (including any information we're legally required to send you, such as information about changes to this agreement or other agreements we have with you) on or together with your statements. In addition to payment information, each statement will show all transactions and amounts charged to your account in the statement period and the total account balance. Always check each statement and contact us as soon as possible if you need more information about anything. If you receive statements online, 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 receive statements by post, we'll send statements (and any notices we're required by law to provide) by post, addressed to you, at the latest billing address on our records. Contacting you We may send you important messages and other communications (including alerts about certain activity on your account) about your account, card or card benefits in line with your preferences. This could be by email or SMS, on your statements or by posting them in the online account centre, for example, we may send you an alert to confirm that you've updated your contact information. There are some messages we need to send you (such as statements of your account or security alerts), but you can opt out of receiving other alerts or communications (such as marketing) by contacting us using the online account centre or by calling us. If we need to contact you about any actual or suspected fraud or security threats, we'll do this using the fastest and most secure way of contacting you (for example, we may try to send you a text message rather than calling you). Changing your contact details We'll use your most recent contact details to contact you. You must notify us immediately if you change the mailing address or email address we send statements or notices to. We may update your contact details if we receive information that they have changed or are incorrect. If we've 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. Any legal notices will be posted to the online account centre or sent to your last known mailing address or email address. Suspending your account We may suspend your account or any feature on your account if: • you tell us to close your account or we tell you we are closing your account; • we consider it necessary for the security of the account; • you're in breach of the agreement; • we suspect unauthorised, improper and/or fraudulent use; • we reasonably think there's a significantly increased risk that you'll not be able to repay us; and • you've repaid more in interest and charges than the amount you've borrowed on your card for a sustained period. We'll normally notify you beforehand or immediately afterwards and may provide you with the reasons. If your account is suspended, you (and any supplementary cardmember) must not use the card and inform retailers not to seek to take any further payments from your account. We'll allow you to use the account, if the reasons we suspended your account in the first place no longer apply. You can tell us this is the case and request reinstatement via our website or by calling us. Ending your agreement This agreement isis open ended and has no fixed duration. You and we can end it without giving any reason. You

Appears in 12 contracts

Sources: Credit Card Agreement, Credit Card Agreement, Credit Card Agreement

TPP. If we do, we'll tell you why in the way we think most appropriate (unless doing so would compromise our reasonable appropriate. We won’t tell you if the law stops us from telling you or if it wouldn’t be safe for security measures or otherwise be unlawful)reasons. How you can authorise approve and cancel transactions To authorise approve a transaction you can: • present a use your card or provide your account details and, if required, use your security details (such as a PIN, passcode, personal identifiers, biometric data or other details); or • give us an instruction to make a balance/money transfer (by giving us the account details you want to send a payment to) and answer the questions we ask using your security details to verify check that the instruction is from you. We may deactivate remove your ability to make contactless payments at any time. You can't cancel purchases you make with a card but you can cancel other transactions that you've asked us to make in the future or regular payments (such as annual membership monthly subscription fees) if you ask us before the end of the business day before they are due to be made. This means on Monday-Friday from 9am-5pm and excludes any weekends and public holidays. For example, if you have a monthly subscription fee that is due to be charged to your account on a Tuesday, you can ask us to cancel this payment up to the end of the business day on Monday. When we can refuse to make authorise a transaction We may refuse to authorise not allow a transaction if: • we have reasonable grounds to reasonably suspect that the use of your account is unauthorised or improper use or fraudfraudulent; • we reasonably consider that acting on your instructions might lead to: o a breach of law, regulation, code or other obligation; or o action from a government, law enforcement agency or regulator; • we're legally required tonot to allow the transaction; • use of the card would be prohibited; • your card has been temporarily suspended; • you have insufficient fundsfunds available in your credit limit; or • the transaction would exceed a transaction limit of some sort or take your account over your credit limit. You may not use your account for illegal activities or in a manner way which disguises the true nature of the transaction, for example, : • by obtaining cash through a transaction which you know will be treated as a purchase of goods and services, services – this is often known as ‘asking for cashback’; • using your account to send funds to yourself through a payment processor; • or by using your card at a merchant retailer you own or control. If we do refuse don’t allow a transaction, you'll normally be told at the point of saletime you make the transaction. In all cases, you You can always find out about transactions we've refused, including the reasons why or and any limits we may have put on your card, by calling us. We'll let We won’t be able to give you know this information unless if the law or any regulation prevents stops us from doing so telling you, not telling you will help prevent fraud or for fraud prevention or where there are other security reasonsreasons which means we can’t tell you. If we don't authorise allow a transaction or a retailer doesn't accept the card we're not responsible for any loss. Transactions you haven't authorised approved You're not responsible for any transactions: • made using the actual physical card (or any other physical payment device we may provide) before you receive it (for example, if your card is stolen in the post); • where we haven't told you how you can contact us to notify tell us that your card or security details have been lost, stolen or compromised; • if we fail to apply procedures that we're legally required to use to check that a payment has been authorised approved by you or a supplementary cardmember; • which are not authorised approved by you or a supplementary cardmember or any other person you or a supplementary cardmember allowed, in breach of the agreement, allowed to use your account or card (even though you should be aware that you are not actually permitted to allow any other person to use your account or card; • made by a person you or a supplementary cardmember allowed, in breach of the agreement, to use your account or card after you tell us you suspect your account is being misused). You're responsible if you or a supplementary cardmember: • use your account or card fraudulently; • allowed someone else to use your account or card, including if someone else is allowed to access a mobile phone or other device on which your card has been registered (for example, by giving them your passcode or by letting them register their fingerprint on it) but ). Where this happens, you won't be responsible for any transactions made by a person you or a supplementary cardmember allowed to use your account or card after you tell us you suspect your account is being misused. If there are errors in a transaction and this is our fault, we'll give you a refund. We may then resubmit the correct transaction. If upon contacting us, You must contact us as soon as you wish to dispute a transaction, wenotice an unauthorised transaction on your card or account. We'll initiate an inquiry investigate and may suspend the transaction on your account if we reasonably consider there to be a valid disputeissue. Once investigations are complete, we'll adjust your account accordingly. Transactions for unexpected amounts If you make a purchase within the European Economic Area and, at the time that you authorised it, you didn't know exactly how much you were going to be charged (for example, at a hotel check-in) you can request a refund from us if the amount charged is more than you reasonably expect and you ask for the refund within 8 weeks from the date of the statement on which the purchase appears. You'll need to provide us with all the information we reasonably ask for and we may provide this information (including personal information) to third parties investigating your claim. We'll conclude our investigation within 10 business days of us receiving all required information and either make the refund or tell you why we've refused your claim. You're not entitled to a refund if you or a supplementary cardmember gave consent for a transaction directly to us and, at least four weeks before the transaction was made, you were given information about the transaction (or it was made available to you) by us or the retailer. For example, at the time you placed an order, the exact amount was unknown but was later confirmed to you at least four weeks before your card was charged. Incorrect balance/money transfers We’ll refund the amount of a balance/money transfer and any interest, fees or charges we charge you as a result without undue delay if you instruct us to make a transfer and it is incorrectly made or it never arrives. If you give us the wrong details for a balance/money transfer or we can show that the bank we made the payment to did receive it, we won’t have to give you a refund but we'll help you to recover the money (we may charge a fee to cover our costs). Theft, loss or misuse of the card or account You or a supplementary cardmember must: • sign the card and keep it safe and secure (including using device passcodes, biometric data or other security details where applicable); • not let others use the account or card and regularly check you still have the card; • not give the card or card number to anyone else other than us, or for the purpose of making a transaction and not share your security details with anyone else (other than us or a TPP if it's necessary to do so); • choose a PIN or passcode that is not easy to guess. If you or a supplementary cardmember, register a card for use on a mobile phone or other device, you or the supplementary cardmember, must: • keep it and your security details safe and secure at all times, in the same way you would your card or PIN; • always use the lock feature on the phone or other device, where applicable; • never share your security details or allow another person to have access to the device in a way which allows them to make transactions using the card registered on the device. You or a supplementary cardmember must tell us straight away if you suspect: • a card has been lost or stolen or not received; • a mobile phone or other device to which a card has been registered has been lost, stolen or compromised; • someone else knows a PIN or other security details; or • the account or a card is being misused or used without authorisation, or a transaction on the account has not been authorised or has been processed incorrectly. Our contact details are at the beginning of this agreement. If the use of a card is stopped for any reason, the use of all other cards issued on your account may also be stopped at the same time. If you register for online account services, you must keep your security details (such as your username, password or other details) and also your mobile phone or other device safe and secure. How much and when you must pay You must pay the minimum payment by the payment due date shown on your statement but you can always pay more than the minimum payment due. If we don't ask you to pay any arrears, they'll be due with your minimum payment. We'll use any payment you make to pay off arrears before any other amounts you owe us. We won't treat any payment we make into your account or any refund given by a retailer for a purchase as payment made by you. If you pay more than you owe us under this agreement, we'll return the amount you've overpaid. 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 don't clearly designate the account to be paid, we may apply payments to any account. We'll apply any payment to your account on the day we receive it, as long as this is within our business hours. We'll apply any payment we receive after that time on the next business day. How we apply payments We pay off amounts you owe at the highest interest rates before amounts charged at lower interest rates and we'll apply payments to amounts that have appeared on your statements before amounts that have not yet appeared on your statements. Missing payments Missing payments can have serious consequences. It could mean: • if you miss a payment, you‘ll lose any promotional interest rates on your account which means any remaining promotional balances will be charged interest at your standard rate; • you have to pay additional charges or costs; • your credit rating may be affected, making it more difficult or expensive to obtain credit; and • legal action (which could include getting a court order giving us the right to payment out of the sale proceeds for your home or other property) or bankruptcy proceedings may be taken against you to recover any debt owed under this agreement. Payments into your account by mistake If we make a payment into your account by mistake or as a result of a systems error, we'll automatically take the amount out of your account. If we're told that a payment from within the EEA was made into your account as a result of someone else's mistake (for example, if the payer gave the wrong account number or reference), but, when we contact you, you tell us the payment was intended for you, we're legally required to share all relevant information including your name and address and transaction information with the bank the payment came from if they ask us so that the payer may contact you. Supplementary cardmembers At your request, we may issue cards on your account to supplementary cardmembers. You must make sure that supplementary cardmembers keep to this agreement. You're responsible for all use of your account by supplementary cardmembers and anyone they allow to use your account. This means you must repay all transactions they make. If you want to end a supplementary cardmember's right to use your account you must tell us. Converting transactions made in a foreign currency If we receive a transaction or refund for processing in a foreign currency, we'll convert it into Pounds Sterling on the date it's processed (accordingly 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 applied on the date of your transaction or refund. Exchange rate fluctuations can be significant. If the transaction or refund is in U.S. Dollars, we'll convert it directly into Pounds Sterling. In all other cases, we'll convert it into U.S. Dollars first and then into Pounds Sterling but we'll only charge one non- sterling transaction fee. The exchange rate we use will be: • the rate required by law or customarily used in the territory where the transaction or refund is made, or where this doesn't apply; • 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 day from Monday to Friday (including bank holidays) except for Christmas Day and New Year's Day. You can find our rates via the 'My account' section of the online account centre or by calling us. When you make a transaction in a foreign currency, you may be given the option of allowing a third party (for example, the retailer) to convert your transaction into Pounds Sterling before submitting it to us. If you decide to do this, the exchange rate and any commission or charge will be set by the third party and may include a commission or charge. As we'll receive a transaction converted by a third party in Pounds Sterling, we won't apply a non-sterling transaction fee. Statements and legal notices We'll send statements to you by your chosen method at least once a month (1) if there has been any account activity or (2) if there has been a Base Rate change and otherwise once every 12 months. This could be by post, by email to the email address you've most recently given to us, by posting them in the online account centre or by making them available to you in any other lawfully permitted manner. We may send you notices (including any information we're legally required to send you, such as information about changes to this agreement or other agreements we have with you) on or together with your statements. In addition to payment information, each statement will show all transactions and amounts charged to your account in the statement period and the total account balance. Always check each statement and contact us as soon as possible if you need more information about anything. If you receive statements online, 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 receive statements by post, we'll send statements (and any notices we're required by law to provide) by post, addressed to you, at the latest billing address on our records. Contacting you We may send you important messages and other communications (including alerts about certain activity on your account) about your account, card or card benefits in line with your preferences. This could be by email or SMS, on your statements or by posting them in the online account centre, for example, we may send you an alert to confirm that you've updated your contact information. There are some messages we need to send you (such as statements of your account or security alerts), but you can opt out of receiving other alerts or communications (such as marketing) by contacting us using the online account centre or by calling us. If we need to contact you about any actual or suspected fraud or security threats, we'll do this using the fastest and most secure way of contacting you (for example, we may try to send you a text message rather than calling you). Changing your contact details We'll use your most recent contact details to contact you. You must notify us immediately if you change the mailing address or email address we send statements or notices to. We may update your contact details if we receive information that they have changed or are incorrect. If we've 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. Any legal notices will be posted to the online account centre or sent to your last known mailing address or email address. Suspending your account We may suspend your account or any feature on your account if: • you tell us to close your account or we tell you we are closing your account; • we consider it necessary for the security of the account; • you're in breach of the agreement; • we suspect unauthorised, improper and/or fraudulent use; • we reasonably think there's a significantly increased risk that you'll not be able to repay us; and • you've repaid more in interest and charges than the amount you've borrowed on your card for a sustained period. We'll normally notify you beforehand or immediately afterwards and may provide issuing you with the reasons. If your account is suspended, you (and any supplementary cardmember) must not use the card and inform retailers not to seek to take any further payments from your account. We'll allow you to use the account, if the reasons we suspended your account in the first place no longer apply. You can tell us this is the case and request reinstatement via our website or by calling us. Ending your agreement This agreement isa refund.

Appears in 11 contracts

Sources: Credit Card Agreement, Credit Card Agreement, Credit Card Agreement

TPP. If we do, we'll tell you why in the way we think most appropriate (unless doing so would compromise our reasonable security measures or otherwise be unlawful). How you can authorise and cancel transactions To authorise a transaction you can: • present a card or provide your account details and, if requiredreq uired, use your security details (such as a PIN, passcode, personal identifiers, biometric data or other details); or • give us an instruction to make a balance/money transfer (by giving us the account details you want to send a payment to) and answer the questions we ask using your security details to verify that the instruction is from you. We may deactivate contactless payments at any time. You can't cancel purchases you make with a card but you can cancel other transactions that you've asked us to make in the future or regular reg ular payments (such as annual membership fees) if you ask us before the end of the business day before they are due to be made. When we can refuse to make authorise a transaction We may refuse to authorise a transaction if: • we have reasonable grounds to suspect unauthorised un authorised or improper improp er use or fraud; • we reasonably consider that acting on your instructions might lead to: o a breach of law, regulationreg ulation, code or other obligation; or o action from a government, law enforcement agency or regulator; • we're legally required leg ally req uired to; • use of the card would be prohibited; • your card has been temporarily suspended as part of a Financial Relief Programme; • you have insufficient funds; or • the transaction would exceed a transaction limit of some sort or take your account over your credit limit. You may not use your account for illegal illeg al activities or in a manner which disguises the true nature of the transaction, for example, by obtaining cash through a transaction which you know will be treated as a purchase of goods and services, using your account to send funds to yourself through a payment processor, or by using your card at a merchant you own or control. If we do refuse a transaction, you'll normally be told at the point of sale. In all cases, you can find out about abo ut transactions we've refused, including the reasons why or any limits we may have put on your card, by calling us. We'll let you know this information unless the law or any regulation reg ulation prevents us from doing so or for fraud prevention or security reasons. If we don't authorise a transaction or a retailer doesn't accept the card we're not responsible for any loss. Transactions you haven't authorised You're not responsible for any transactions: • made using the actual card before you receive it (for example, if your card is stolen in the post); • where we haven't told you how you can contact us to notify us that your card or security details have been lost, stolen or compromised; • if we fail to apply procedures that we're legally required leg ally req uired to use to check that a payment has been authorised by you or a supplementary cardmember; • not authorised by you or a supplementary cardmember or any person you or a supplementary cardmember allowed, in breach of the agreement, to use your account or card; • made by a person you or a supplementary cardmember allowed, in breach of the agreement, to use your account or card after you tell us you suspect your account is being misused. You're responsible if you or a supplementary cardmember: • use your account or card fraudulentlyfraud ulently; • allowed someone else to use your account or card, including if someone someo ne else is allowed to access a mobile phone or other device on which your card has been registered (for example, by giving them your passcode or by letting them register their fingerprint on it) but you won't be responsible for any transactions made by a person you or a supplementary cardmember allowed to use your account or card after you tell us you suspect your account is being misused. If there are errors in a transaction and this is our fault, we'll give you a refund. We may then resubmit the correct transaction. If upon contacting us, you wish to dispute a transaction, we'll 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'll adjust your account accordingly. Transactions for unexpected amounts If you make a purchase within the European Economic Area and, at the time that you authorised it, you didn't know exactly how much you were going to be charged (for example, at a hotel check-in) you can request req uest a refund from us if the amount charged is more than you reasonably expect and you ask for the refund within 8 weeks from the date of the statement on which the purchase appears. You'll need to provide us with all the information we reasonably ask for and we may provide this information (including personal information) to third parties investigating your claim. We'll conclude our investigation within 10 business days of us receiving all required req uired information and either make the refund or tell you why we've refused your claim. You're not entitled to a refund if you or a supplementary cardmember gave consent for a transaction directly to us and, at least four weeks before the transaction was mademad e, you were given information about abo ut the transaction (or it was made available to you) by us or the retailer. For example, at the time you placed an order, the exact amount was unknown but was later confirmed to you at least four weeks before your card was charged. Incorrect balance/money transfers We’ll refund the amount of a balance/money transfer and any interest, fees or charges we charge you as a result without undue delay if you instruct us to make a transfer and it is incorrectly made or it never arrives. If you give us the wrong details for a balance/money transfer or we can show that the bank we made the payment to did receive it, we won’t have to give you a refund but we'll help you to recover the money (we may charge a fee to cover our costs). Theft, loss or misuse of the card or account You or a supplementary cardmember must: • sign the card and keep it safe and secure (including using device passcodes, biometric data or other security details where applicable); • not let others use the account or card and regularly reg ularly check you still have the card; • not give the card or card number to anyone else other than us, or for the purpose of making a transaction and not share your security details with anyone else (other than us or a TPP if it's necessary to do so); • choose a PIN or passcode that is not easy to guess. If you or a supplementary cardmember, register a card for use on a mobile phone or other device, you or the supplementary cardmember, must: • keep it and your security details safe and secure at all times, in the same way you would your card or PIN; • always use the lock feature on the phone or other device, where applicable; • never share your security details or allow another person to have access to the device in a way which allows them to make transactions using the card registered on the device. You or a supplementary cardmember must tell us straight away if you suspect: • a card has been lost or stolen or not received; • a mobile phone or other device to which a card has been registered has been lost, stolen or compromised; • someone else knows a PIN or other security details; or • the account or a card is being misused or used without authorisation, or a transaction on the account has not been authorised or has been processed incorrectly. Our contact details are at the beginning of this agreement. If the use of a card is stopped for any reason, the use of all other cards issued on your account may also be stopped at the same time. If you register for online account services, you must keep your security details (such as your username, password or other details) and also your mobile phone or other device safe and secure. How much and when you must pay You must pay the minimum payment by the payment due date shown on your statement but you can always pay more than the minimum payment due. If we don't ask you to pay any arrears, they'll be due with your minimum paymentpayment unless a Financial Relief Programme has been agreed with you in which case the minimum amount you must pay will be as communicated to you. We'll use any payment you make to pay off arrears before any other amounts you owe us. We won't treat any payment we make into your account or any refund given by a retailer for a purchase as payment made by you. If you pay more than you owe us under this agreement, we'll return the amount you've overpaid. 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 abo ut or permit you to use. You must make a separate sep arate payment for each account you hold with us. If you send payments together and don't clearly designate the account to be paid, we may apply payments to any account. We'll apply any payment to your account on the day we receive it, as long as this is within our business hours. We'll apply any payment we receive after that time on the next business day. How we apply payments We pay off amounts you owe at the highest interest rates before amounts charged at lower interest rates and we'll apply payments to amounts that have appeared on your statements before amounts that have not yet appeared on your statements. Missing payments Missing payments can have serious consequencesconseq uences. It could mean: • if you miss a payment, you‘ll lose any promotional interest rates on your account which means any remaining promotional promotion al balances will be charged interest at your standard rate; • you may lose any financial relief interest rates or Financial Relief Programmes on your account; • you have to pay additional charges or costs; • your credit rating may be affected, making it more difficult or expensive to obtain credit; and • legal leg al action (which could include getting a court order giving us the right to payment out of the sale proceeds for your home or other property) or bankruptcy proceedings may be taken against ag ainst you to recover any debt owed under this agreement. Payments into your account by mistake If we make a payment into your account by mistake or as a result of a systems error, we'll automatically take the amount out of your account. If we're told that a payment from within the EEA was made into your account as a result of someone else's mistake (for example, if the payer gave the wrong account number or reference), but, when we contact you, you tell us the payment was intended for you, we're legally required leg ally req uired to share all relevant information including your name and address and transaction information with the bank the payment came from if they ask us so that the payer may contact you. Supplementary cardmembers At your requestreq uest, we may issue cards on your account to supplementary cardmembers. You must make sure that supplementary cardmembers keep to this agreement. You're responsible for all use of your account by supplementary cardmembers and anyone they allow to use your account. This means you must repay all transactions they make. If you want to end a supplementary cardmember's right to use your account you must tell us. Converting transactions made in a foreign currency If we receive a transaction or refund for processing in a foreign currency, we'll our currency conversion affiliate, AE Exposure Management Limited (“AEEML”) will convert it into Pounds Sterling on the date it's 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 applied on the date of your transaction or refund. Exchange rate fluctuations can be significant. If the transaction or refund is in U.S. Dollars, we'll AEEML will convert it directly into Pounds Sterling. In all other cases, we'll AEEML will convert it into U.S. Dollars first and then into Pounds Sterling but we'll only charge one non- non-sterling transaction fee. We don’t charge a non-sterling transaction fee for converting refunds. Refunds of transactions (including the non-sterling transaction fee applied at the time it was mad e) will be converted at the prevailing rate: this means that the refund applied to your account could be less or more than the original transaction amount shown on your statement. The exchange rate AEEML uses (we use call this the American Express Exchange Rate) will be: • the rate required req uired by law or customarily used in the territory where the transaction or refund is made, or where this doesn't apply; • 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 day from Monday to Friday (including bank holidays) except for Christmas Day and New Year's Day. You can find our rates via the 'My account' section of the online account centre or by calling us. The total cost of converting your currency (we call this the Currency Conversion Charge) consists of the American Express Exchan ge Rate and the non-sterling transaction fee. Reg ulation req uires us to provide you with information to en able you to compare the Currency Conversion Charge with reference rates issued by the European Central Bank. This information can be found on our website. When you make a transaction in a foreign currency, you may be given the option of allowing a third party (for example, the retailer) to convert your transaction into Pounds Sterling before submitting it to us. If you decide to do this, the exchange exchan ge rate and any commission or charge will be set by the third party and may include a commission or chargeparty. As we'll receive a transaction converted by a third party in Pounds Poun ds Sterling, we won't apply a non-non- sterling transaction fee. Statements and legal notices We'll send statements to you by your chosen method at least once a month (1) if there has been any account activity or (2) if there has been a Base Rate change and otherwise once every 12 months. This could be by post, by email to the email address you've most recently given to us, by posting them in the online account centre or by making them available to you in any other lawfully permitted manner. We may send you notices (including any information we're legally required to send you, such as information about changes to this agreement or other agreements we have with you) on or together with your statements. In addition to payment information, each statement will show all transactions and amounts charged to your account in the statement period and the total account balance. Always check each statement and contact us as soon as possible if you need more information about anything. If you receive statements online, you should make sure you regularly reg ularly check this information and any mail we post to you electronically in the same way you would written mail. We will send to you by email and post some notices we're required by law to provide. These notices will be addressed to you and sent to the latest billing ad dress on our records. If you receive statements by post, we'll send the statements (and any notices we're required req uired by law to provide) provide by post, addressed to you, at the latest billing address on our records. Contacting you We may send you important messages messag es and other communications (including alerts about abo ut certain activity on your account) about abo ut your account, card account or card benefits in line with your preferences. This could be by email or SMS, on your statements or by posting them in the online account centre, for example, we may send you an alert to confirm that you've updated your contact information. There are some messages messag es we need to send you (such as statements of your account or security alerts), but you can opt out of receiving other alerts or communications (such as marketing) by contacting us using the online account centre or by calling us. If we need to contact you about abo ut any actual or suspected fraud or security threats, we'll do this using the fastest and most secure way of contacting you (for example, we may try to send you a text message rather than calling you). Changing your contact details We'll use your most recent contact details to contact you. You must notify us immediately if you change the mailing address or email address we send statements or notices to. We may update your contact details if we receive information that they have changed or are incorrect. If we've 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. Any legal notices will be posted to the online account centre or sent to your last known mailing address or email address. Suspending your account We may suspend your account or any feature on your account if: • you tell us to close your account or we tell you we are closing your account; • we consider it necessary for the security of the account; • you're in breach of the agreement; • we suspect unauthorised, improper and/or fraudulent use; • we reasonably think there's a significantly increased risk that you'll not be able to repay us; and • you've repaid more in interest and charges than the amount you've borrowed on your card for a sustained period. We'll normally notify you beforehand or immediately afterwards and may provide you with the reasons. If your account is suspended, you (and any supplementary cardmember) must not use the card and inform retailers not to seek to take any further payments from your account. We'll allow you to use the account, if the reasons we suspended your account in the first place no longer apply. You can tell us this is the case and request reinstatement via our website or by calling us. Ending your agreement This agreement ishave

Appears in 10 contracts

Sources: Credit Card Agreement, Credit Card Agreement, Credit Card Agreement

TPP. If we do, we'll tell you why in the way we think most appropriate (unless doing so would compromise our reasonable security measures or otherwise be unlawful). How you can authorise and cancel transactions To authorise a transaction you can: • present a card or provide your account details and, if required, use your security details (such as a PIN, passcode, personal identifiers, biometric data or other details); or • give us an instruction to make a balance/money transfer (by giving us the account details you want to send a payment to) and answer the questions we ask using your security details to verify that the instruction is from you. We may deactivate contactless payments at any time. You can't cancel purchases you make with a card but you can cancel other transactions that you've asked us to make in the future or regular payments (such as annual membership fees) if you ask us before the end of the business day before they are due to be made. When we can refuse to make authorise a transaction We may refuse to authorise a transaction if: • we have reasonable grounds to suspect unauthorised or improper use or fraud; • we reasonably consider that acting on your instructions might lead to: o a breach of law, regulation, code or other obligation; or o action from a government, law enforcement agency or regulator; • we're legally required to; • use of the card would be prohibited; • your card has been temporarily suspended as part of a Financial Relief Programme; • you have insufficient funds; or • the transaction would exceed a transaction limit of some sort or take your account over your credit limit. You may not use your account for illegal activities or in a manner which disguises the true nature of the transaction, for example, by obtaining cash through a transaction which you know will be treated as a purchase of goods and services, using your account to send funds to yourself through a payment processor, or by using your card at a merchant you own or control. If we do refuse a transaction, you'll normally be told at the point of sale. In all cases, you can find out about transactions we've refused, including the reasons why or any limits we may have put on your card, by calling us. We'll let you know this information unless the law or any regulation prevents us from doing so or for fraud prevention or security reasons. If we don't authorise a transaction or a retailer doesn't accept the card we're not responsible for any loss. Transactions you haven't authorised You're not responsible for any transactions: • made using the actual card before you receive it (for example, if your card is stolen in the post); • where we haven't told you how you can contact us to notify us that your card or security details have been lost, stolen or compromised; • if we fail to apply procedures that we're legally required to use to check that a payment has been authorised by you or a supplementary cardmember; • not authorised by you or a supplementary cardmember or any person you or a supplementary cardmember allowed, in breach of the agreement, to use your account or card; • made by a person you or a supplementary cardmember allowed, in breach of the agreement, to use your account or card after you tell us you suspect your account is being misused. You're responsible if you or a supplementary cardmember: • use your account or card fraudulently; • allowed someone else to use your account or card, including if someone else is allowed to access a mobile phone or other device on which your card has been registered (for example, by giving them your passcode or by letting them register their fingerprint on it) but you won't be responsible for any transactions made by a person you or a supplementary cardmember allowed to use your account or card after you tell us you suspect your account is being misused. If there are errors in a transaction and this is our fault, we'll give you a refund. We may then resubmit the correct transaction. If upon contacting us, you wish to dispute a transaction, we'll 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'll adjust your account accordingly. Transactions for unexpected amounts If you make a purchase within the European Economic Area and, at the time that you authorised it, you didn't know exactly how much you were going to be charged (for example, at a hotel check-in) you can request a refund from us if the amount charged is more than you reasonably expect and you ask for the refund within 8 weeks from the date of the statement on which the purchase appears. You'll need to provide us with all the information we reasonably ask for and we may provide this information (including personal information) to third parties investigating your claim. We'll conclude our investigation within 10 business days of us receiving all required information and either make the refund or tell you why we've refused your claim. You're not entitled to a refund if you or a supplementary cardmember gave consent for a transaction directly to us and, at least four weeks before the transaction was made, you were given information about the transaction (or it was made available to you) by us or the retailer. For example, at the time you placed an order, the exact amount was unknown but was later confirmed to you at least four weeks before your card was charged. Incorrect balance/money transfers We’ll refund the amount of a balance/money transfer and any interest, fees or charges we charge you as a result without undue delay if you instruct us to make a transfer and it is incorrectly made or it never arrives. If you give us the wrong details for a balance/money transfer or we can show that the bank we made the payment to did receive it, we won’t have to give you a refund but we'll help you to recover the money (we may charge a fee to cover our costs). Theft, loss or misuse of the card or account You or a supplementary cardmember must: • sign the card and keep it safe and secure (including using device passcodes, biometric data or other security details where applicable); • not let others use the account or card and regularly check you still have the card; • not give the card or card number to anyone else other than us, or for the purpose of making a transaction and not share your security details with anyone else (other than us or a TPP if it's necessary to do so); • choose a PIN or passcode that is not easy to guess. If you or a supplementary cardmember, register a card for use on a mobile phone or other device, you or the supplementary cardmember, must: • keep it and your security details safe and secure at all times, in the same way you would your card or PIN; • always use the lock feature on the phone or other device, where applicable; • never share your security details or allow another person to have access to the device in a way which allows them to make transactions using the card registered on the device. You or a supplementary cardmember must tell us straight away if you suspect: • a card has been lost or stolen or not received; • a mobile phone or other device to which a card has been registered has been lost, stolen or compromised; • someone else knows a PIN or other security details; or • the account or a card is being misused or used without authorisation, or a transaction on the account has not been authorised or has been processed incorrectly. Our contact details are at the beginning of this agreement. If the use of a card is stopped for any reason, the use of all other cards issued on your account may also be stopped at the same time. If you register for online account services, you must keep your security details (such as your username, password or other details) and also your mobile phone or other device safe and secure. How much and when you must pay You must pay the minimum payment by the payment due date shown on your statement but you can always pay more than the minimum payment due. If we don't ask you to pay any arrears, they'll be due with your minimum paymentpayment unless a Financial Relief Programme has been agreed with you in which case the minimum amount you must pay will be as communicated to you. We'll use any payment you make to pay off arrears before any other amounts you owe us. We won't treat any payment we make into your account or any refund given by a retailer for a purchase as payment made by you. If you pay more than you owe us under this agreement, we'll return the amount you've overpaid. 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 don't clearly designate the account to be paid, we may apply payments to any account. We'll apply any payment to your account on the day we receive it, as long as this is within our business hours. We'll apply any payment we receive after that time on the next business day. How we apply payments We pay off amounts you owe at the highest interest rates before amounts charged at lower interest rates and we'll apply payments to amounts that have appeared on your statements before amounts that have not yet appeared on your statements. Missing payments Missing payments can have serious consequences. It could mean: • if you miss a payment, you‘ll lose any promotional interest rates on your account which means any remaining promotional balances will be charged interest at your standard rate; • you may lose any financial relief interest rates or Financial Relief Programmes on your account; • you have to pay additional charges or costs; • your credit rating may be affected, making it more difficult or expensive to obtain credit; and • legal action (which could include getting a court order giving us the right to payment out of the sale proceeds for your home or other property) or bankruptcy proceedings may be taken against you to recover any debt owed under this agreement. Payments into your account by mistake If we make a payment into your account by mistake or as a result of a systems error, we'll automatically take the amount out of your account. If we're told that a payment from within the EEA was made into your account as a result of someone else's mistake (for example, if the payer gave the wrong account number or reference), but, when we contact you, you tell us the payment was intended for you, we're legally required to share all relevant information including your name and address and transaction information with the bank the payment came from if they ask us so that the payer may contact you. Supplementary cardmembers At your request, we may issue cards on your account to supplementary cardmembers. You must make sure that supplementary cardmembers keep to this agreement. You're responsible for all use of your account by supplementary cardmembers and anyone they allow to use your account. This means you must repay all transactions they make. If you want to end a supplementary cardmember's right to use your account you must tell us. Converting transactions made in a foreign currency If we receive a transaction or refund for processing in a foreign currency, we'll our currency conversion affiliate, AE Exposure Management Limited (“AEEML”) will convert it into Pounds Sterling on the date it's 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 applied on the date of your transaction or refund. Exchange rate fluctuations can be significant. If the transaction or refund is in U.S. Dollars, we'll AEEML will convert it directly into Pounds Sterling. In all other cases, we'll AEEML will convert it into U.S. Dollars first and then into Pounds Sterling but we'll only charge one non- non-sterling transaction fee. We don’t charge a non-sterling transaction fee for converting refunds. Refunds of transactions (including the non-sterling transaction fee applied at the time it was made) will be converted at the prevailing rate: this means that the refund applied to your account could be less or more than the original transaction amount shown on your statement. The exchange rate AEEML uses (we use call this the American Express Exchange Rate) will be: • the rate required by law or customarily used in the territory where the transaction or refund is made, or where this doesn't apply; • 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 day from Monday to Friday (including bank holidays) except for Christmas Day and New Year's Day. You can find our rates via the 'My account' section of the online account centre or by calling us. The total cost of converting your currency (we call this the Currency Conversion Charge) consists of the American Express Exchange Rate and the non-sterling transaction fee. Regulation requires us to provide you with information to enable you to compare the Currency Conversion Charge with reference rates issued by the European Central Bank. This information can be found on our website. When you make a transaction in a foreign currency, you may be given the option of allowing a third party (for example, the retailer) to convert your transaction into Pounds Sterling before submitting it to us. If you decide to do this, the exchange rate and any commission or charge will be set by the third party and may include a commission or chargeparty. As we'll receive a transaction converted by a third party in Pounds Sterling, we won't apply a non-non- sterling transaction fee. Statements and legal notices We'll send statements to you by your chosen method at least once a month (1) if there has been any account activity or (2) if there has been a Base Rate change and otherwise once every 12 months. This could be by post, by email to the email address you've most recently given to us, by posting them in the online account centre or by making them available to you in any other lawfully permitted manner. We may send you notices (including any information we're legally required to send you, such as information about changes to this agreement or other agreements we have with you) on or together with your statements. In addition to payment information, each statement will show all transactions and amounts charged to your account in the statement period and the total account balance. Always check each statement and contact us as soon as possible if you need more information about anything. If you receive statements online, 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. We will send to you by email and post some notices we're required by law to provide. These notices will be addressed to you and sent to the latest billing address on our records. If you receive statements by post, we'll send the statements (and any notices we're required by law to provide) provide by post, addressed to you, at the latest billing address on our records. Contacting you We may send you important messages and other communications (including alerts about certain activity on your account) about your account, card account or card benefits in line with your preferences. This could be by email or SMS, on your statements or by posting them in the online account centre, for example, we may send you an alert to confirm that you've updated your contact information. There are some messages we need to send you (such as statements of your account or security alerts), but you can opt out of receiving other alerts or communications (such as marketing) by contacting us using the online account centre or by calling us. If we need to contact you about any actual or suspected fraud or security threats, we'll do this using the fastest and most secure way of contacting you (for example, we may try to send you a text message rather than calling you). Changing your contact details We'll use your most recent contact details to contact you. You must notify us immediately if you change the mailing address or email address we send statements or notices to. We may update your contact details if we receive information that they have changed or are incorrect. If we've 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. Any legal notices will be posted to the online account centre or sent to your last known mailing address or email address. Suspending your account We may suspend your account or any feature on your account if: • you tell us to close your account or we tell you we are closing your account; • we consider it necessary for the security of the account; • you're in breach of the agreement; • we suspect unauthorised, improper and/or fraudulent use; • we reasonably think there's a significantly increased risk that you'll not be able to repay us; and • you've repaid more in interest and charges than the amount you've borrowed on your card for a sustained period. We'll normally notify you beforehand or immediately afterwards and may provide you with the reasons. If your account is suspended, you (and any supplementary cardmember) must not use the card and inform retailers not to seek to take any further payments from your account. We'll allow you to use the account, if the reasons we suspended your account in the first place no longer apply. You can tell us this is the case and request reinstatement via our website or by calling us. Ending your agreement This agreement isuna

Appears in 6 contracts

Sources: Credit Card Agreement, Credit Card Agreement, Credit Card Agreement

TPP. If we do, we'll tell you why in the way we think most appropriate (unless doing so would compromise our reasonable security measures or otherwise be unlawful). How you can authorise and cancel transactions To authorise a transaction you can: • can present a card or provide your account details and, if required, use your security details (such as a PIN, passcode, personal identifiers, biometric data or other details); or • give us an instruction to make a balance/money transfer (by giving us the account details you want to send a payment to) and answer the questions we ask using your security details to verify that the instruction is from you. We may deactivate contactless payments at any time. You can't cancel purchases you make with a card but you can cancel other transactions that you've asked us to make in the future or regular payments (such as annual membership fees) if you ask us before the end of the business day before they are due to be made. When we can refuse to make a transaction We may refuse to authorise a transaction if: • we have reasonable grounds to suspect unauthorised or improper use or fraud; • we reasonably consider that acting on your instructions might lead to: o a breach of law, regulation, code or other obligation; or o action from a government, law enforcement agency or regulator; • we're legally required to; • use of the card would be prohibited; • you have insufficient funds; or • the transaction would exceed a transaction limit of some sort or take your account over your credit spending limit. You may not use your account for illegal activities or in a manner which disguises the true nature of the transaction, for example, by obtaining cash through a transaction which you know will be treated as a purchase of goods and services, or by using your card at a merchant you own or control. If we do refuse a transaction, you'll normally be told at the point of sale. In all cases, you can find out about transactions we've refused, including the reasons why or any limits we may have put on your card, by calling us. We'll let you know this information unless the law or any regulation prevents us from doing so or for fraud prevention or security reasons. If we don't authorise a transaction or a retailer doesn't accept the card we're not responsible for any loss. Transactions you haven't authorised You're not responsible for any transactions: • made using the actual card before you receive it (for example, if your card is stolen in the post); • where we haven't told you how you can contact us to notify us that your card or security details have been lost, stolen or compromised; • if we fail to apply procedures that we're legally required to use to check that a payment has been authorised by you or a supplementary cardmember; • not authorised by you or a supplementary cardmember or any person you or a supplementary cardmember allowed, in breach of the agreement, to use your account or card; • made by a person you or a supplementary cardmember allowed, in breach of the agreement, to use your account or card after you tell us you suspect your account is being misused. You're responsible if you or a supplementary cardmember: • use your account or card fraudulently; • have been grossly negligent (in these cases, you'll be responsible for all payments from your account until you've told us that your card or security details have been lost, stolen or compromised, or you suspect misuse); • allowed someone else to use your account or card, including if someone else is allowed to access a mobile phone or other device on which your card has been registered (for example, by giving them your passcode or by letting them register their fingerprint on it) but you won't be responsible for any transactions made by a person you or a supplementary cardmember allowed to use your account or card after you tell us you suspect your account is being misused. If there are errors in a transaction and this is our fault, we'll give you a refund. We may then resubmit the correct transaction. If upon contacting You must contact us as soon as you notice an unauthorised transaction has been made from your account. We'll refund the amount of the unauthorised payment as soon as we reasonably can, and, in any event, before the end of the working day after you tell us. Once we've completed our investigations, you wish to dispute a transaction, we'll initiate an inquiry and may suspend the transaction on your account if we reasonably consider there find you weren't entitled to be a valid dispute. Once investigations are completerefund, we'll adjust your account accordingly. Transactions for unexpected amounts If you make a purchase within the European Economic Area and, at the time that you authorised it, you didn't know exactly how much you were going to be charged (for example, at a hotel check-in) you can request a refund from us if the amount charged is more than you reasonably expect and you ask for the refund within 8 weeks from the date of the statement on which the purchase appears. You'll need to provide us with all the information we reasonably ask for and we may provide this information (including personal information) to third parties investigating your claim. We'll conclude our investigation within 10 business days of us receiving all required information and either make the refund or tell you why we've refused your claim. You're not entitled to a refund if you or a supplementary cardmember gave consent for a transaction directly to us and, at least four weeks before the transaction was made, you were given information about the transaction (or it was made available to you) by us or the retailer. For example, at the time you placed an order, the exact amount was unknown but was later confirmed to you at least four weeks before your card was charged. Incorrect balance/money transfers We’ll refund the amount of a balance/money transfer and any interest, fees or charges we charge you as a result without undue delay if you instruct us to make a transfer and it is incorrectly made or it never arrives. If you give us the wrong details for a balance/money transfer or we can show that the bank we made the payment to did receive it, we won’t have to give you a refund but we'll help you to recover the money (we may charge a fee to cover our costs). Theft, loss or misuse of the card or account You or a supplementary cardmember must: • sign the card and keep it safe and secure (including using device passcodes, biometric data or other security details where applicable); • not let others use the account or card and regularly check you still have the card; • not give the card or card number to anyone else other than us, or for the purpose of making a transaction and not share your security details with anyone else (other than us or a TPP if it's necessary to do so); • choose a PIN or passcode that is not easy to guess. If you or a supplementary cardmember, register a card for use on a mobile phone or other device, you or the supplementary cardmember, must: • keep it and your security details safe and secure at all times, in the same way you would your card or PIN; • always use the lock feature on the phone or other device, where applicable; • never share your security details or allow another person to have access to the device in a way which allows them to make transactions using the card registered on the device. You or a supplementary cardmember must tell us straight away if you suspect: • a card has been lost or stolen or not received; • a mobile phone or other device to which a card has been registered has been lost, stolen or compromised; • someone else knows a PIN or other security details; or • the account or a card is being misused or used without authorisation, or a transaction on the account has not been authorised or has been processed incorrectly. Our contact details are at the beginning of this agreement. If the use of a card is stopped for any reason, the use of all other cards issued on your account may also be stopped at the same time. If you register for online account services, you must keep your security details (such as your username, password or other details) and also your mobile phone or other device safe and secure. How much and when you must pay You must pay the minimum payment by the payment due date shown on your statement but you can always pay more than the minimum payment due. If we don't ask you to pay any arrears, they'll be due with your minimum payment. We'll use any payment you make to pay off arrears before any other amounts you owe us. We won't treat any payment we make into your account or any refund given by a retailer for a purchase as payment made by you. If you pay more than you owe us under this agreement, we'll return the amount you've overpaid. 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 don't clearly designate the account to be paid, we may apply payments to any account. We'll apply any payment to your account on the day we receive it, as long as this is within our business hours. We'll apply any payment we receive after that time on the next business day. How we apply payments We pay off amounts you owe at the highest interest rates before amounts charged at lower interest rates and weWe'll normally apply payments to amounts your account in the following order: • any cardmembership fee and supplementary cardmembership fees; • service charges (for example, statement copy fees) and any cardmembership joining fee (if applicable); • 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 your statements before amounts a monthly statement; and • transactions that have not yet appeared on your statementsmonthly statement. Missing payments Missing payments can have serious consequences. It could mean: • if you miss a payment, you‘ll lose any promotional interest rates on your account which means any remaining promotional balances will be charged interest at your standard rate; • you have to pay additional charges or costs; • your credit rating may be affected, making it more difficult or expensive to obtain credit; and • legal action (which could include getting a court order giving us the right to payment out of the sale proceeds for your home or other property) or bankruptcy proceedings may be taken against you to recover any debt owed under this agreement. Payments into your account by mistake If we make a payment into your account by mistake or as a result of a systems error, we'll automatically take the amount out of your account. If we're told that a payment from within the EEA European Economic Area (EEA) was made into your account as a result of someone else's mistake (for example, if the payer gave the wrong account number or reference), but, when we contact you, you tell us the payment was intended for you, we're legally required to share all relevant information including your name and address and transaction information with the bank the payment came from if they ask us so that the payer may contact you. Supplementary cardmembers At your request, we may issue cards on your account to supplementary cardmembers. You must make sure that supplementary cardmembers keep to this agreement. You're responsible for all use of your account by supplementary cardmembers and anyone they allow to use your account. This means you must repay all transactions they make. If you want to end a supplementary cardmember's right to use your account you must tell us. Converting transactions made in a foreign currency If we receive a transaction or refund for processing in a foreign currency, we'll convert it into Pounds Sterling on the date it's 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 applied on the date of your transaction or refund. Exchange rate fluctuations can be significant. If the transaction or refund is in U.S. Dollars, we'll convert it directly into Pounds Sterling. In all other cases, we'll convert it into U.S. Dollars first and then into Pounds Sterling but we'll only charge one non- sterling transaction fee. The exchange rate we use will be: • the rate required by law or customarily used in the territory where the transaction or refund is made, or where this doesn't apply; • 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 day from Monday to Friday (including bank holidays) except for Christmas Day and New Year's Day. You can find our rates via the 'My account' section of the online account centre or by calling us. When you make a transaction in a foreign currency, you may be given the option of allowing a third party (for example, the retailer) to convert your transaction into Pounds Sterling before submitting it to us. If you decide to do this, the exchange rate and any commission or charge will be set by the third party and may include a commission or charge. As we'll receive a transaction converted by a third party in Pounds Sterling, we won't apply a non-sterling transaction fee. Statements and legal notices We'll send statements to you by your chosen method at least once a month (1) if there has been any account activity or (2) if there has been a Base Rate change and otherwise once every 12 months. This could be by post, by email to the email address you've most recently given to us, by posting them in the online account centre or by making them available to you in any other lawfully permitted manner. We may send you notices (including any information we're legally required to send you, such as information about changes to this agreement or other agreements we have with you) on or together with your statements. In addition to payment information, each statement will show all transactions and amounts charged to your account in the statement period and the total account balance. Always check each statement and contact us as soon as possible if you need more information about anything. If you receive statements online, 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 receive statements by post, we'll send statements (and any notices we're required by law to provide) by post, addressed to you, at the latest billing address on our records. Contacting you We may send you important messages and other communications (including alerts about certain activity on your account) about your account, card or card benefits in line with your preferences. This could be by email or SMS, on your statements or by posting them in the online account centre, for example, we may send you an alert to confirm that you've updated your contact information. There are some messages we need to send you (such as statements of your account or security alerts), but you can opt out of receiving other alerts or communications (such as marketing) by contacting us using the online account centre or by calling us. If we need to contact you about any actual or suspected fraud or security threats, we'll do this using the fastest and most secure way of contacting you (for example, we may try to send you a text message rather than calling you). Changing your contact details We'll use your most recent contact details to contact you. You must notify us immediately if you change the mailing address or email address we send statements or notices to. We may update your contact details if we receive information that they have changed or are incorrect. If we've 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. Any legal notices will be posted to the online account centre or sent to your last known mailing address or email address. Suspending your account We may suspend your account or any feature on your account if: • you tell us to close your account or we tell you we are closing your account; • we consider it necessary for the security of the account; • you're in breach of the agreement; • we suspect unauthorised, improper and/or fraudulent use; • we reasonably think there's a significantly increased risk that you'll not be able to repay us; and • you've repaid more in interest and charges than the amount you've borrowed on your card for a sustained period. We'll normally notify you beforehand or immediately afterwards and may provide you with the reasons. If your account is suspended, you (and any supplementary cardmember) must not use the card and inform retailers not to seek to take any further payments from your account. We'll allow you to use the account, if the reasons we suspended your account in the first place no longer apply. You can tell us this is the case and request reinstatement via our website or by calling us. Ending your agreement This agreement is.

Appears in 6 contracts

Sources: Charge Card Agreement, Charge Card Agreement, Charge Card Agreement

TPP. A TPP is a third-party service provider that’s authorised by or registered with the Australian Prudential Regulation Authority or otherwise permitted by law to access information and make payments on online banking payment accounts operated by other providers (such as banks, building societies and credit card issuers) and has your permission to do this. If we doyou choose to use a TPP, the terms of this agreement will still apply. We’ll give the TPP access to account information and you’ll be able to make the same payments through the TPP that you would be able to make if you were dealing with us on the internet. Although you must not, generally, give your security details to anyone else, you may give them to a TPP if it’s necessary to allow them to provide their services to you. We may refuse to allow a TPP to access your account if we'll ’re concerned that the TPP is acting on an unauthorised or fraudulent basis. We’ll tell you why in the way if we think most appropriate do this (unless we believe doing so would compromise our reasonable fraud prevention or security measures or would otherwise be unlawful). How You must check from the information provided to you can authorise and cancel transactions To authorise a transaction by the TPP that they are authorised. If you can: • present a card or provide your account details and, if required, use your security details (such as a PIN, passcode, personal identifiers, biometric data or other details); or • give us an instruction to make a balance/money transfer (by giving us the account details you want to send a payment to) and answer the questions we ask using your security details to verify an unauthorised third party, we’ll assume it’s you that the instruction is from you. We may deactivate contactless payments at any time. You can't cancel purchases you make with a card but you can cancel other transactions that you've asked authorising us to make in the future or regular payments (such as annual membership fees) if you ask us before the end of the business day before they are due give access to be made. When we can refuse to make a transaction We may refuse to authorise a transaction if: • we have reasonable grounds to suspect unauthorised or improper use or fraud; • we reasonably consider that acting on information about your instructions might lead to: o a breach of law, regulation, code or other obligation; or o action from a government, law enforcement agency or regulator; • we're legally required to; • use of the card would be prohibited; • you have insufficient funds; or • the transaction would exceed a transaction limit of some sort or take your account over your credit limit. You may not use your account for illegal activities or in a manner which disguises the true nature of the transaction, for example, by obtaining cash through a transaction which you know will be treated as a purchase of goods accounts and services, or by using your card at a merchant you own or control. If we do refuse a transaction, you'll normally be told at the point of sale. In all cases, you can find out about transactions we've refused, including the reasons why or any limits we may have put on your card, by calling us. We'll let you know this information unless the law or any regulation prevents us from doing so or for fraud prevention or security reasons. If we don't authorise a transaction or a retailer doesn't accept the card we're not responsible for any loss. Transactions you haven't authorised You're not responsible for any transactions: • made using the actual card before you receive it (for example, if your card is stolen in the post); • where we haven't told you how you can contact us to notify us that your card or security details have been lost, stolen or compromised; • if we fail to apply procedures that we're legally required to use to check that a payment has been authorised by you or a supplementary cardmember; • not authorised by you or a supplementary cardmember or any person you or a supplementary cardmember allowed, in breach of the agreement, to use your account or card; • made by a person you or a supplementary cardmember allowed, in breach of the agreement, to use your account or card after you tell us you suspect your account is being misused. You're responsible if you or a supplementary cardmember: • use your account or card fraudulently; • allowed someone else to use your account or card, including if someone else is allowed to access a mobile phone or other device on which your card has been registered (for example, by giving them your passcode or by letting them register their fingerprint on it) but you won't ’ll be responsible for any transactions payments made by as a person you or a supplementary cardmember allowed to use your account or card after you tell us you suspect your account is being misusedresult. If there are errors in a transaction and this we’re aware that an unauthorised third party is our faultusing your security details, we'll give you a refund. We may then resubmit the correct transaction. If upon contacting us, you wish to dispute a transaction, we'll 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'll adjust your account accordingly. Transactions for unexpected amounts If you make a purchase within the European Economic Area and, at the time that you authorised it, you didn't know exactly how much you were going to be charged (for example, at a hotel check-in) you can request a refund from us if the amount charged is more than you reasonably expect and you ask for the refund within 8 weeks from the date of the statement on which the purchase appears. You'll need to provide us with all the information we reasonably ask for and we may provide this information (including personal information) to third parties investigating your claim. We'll conclude our investigation within 10 business days of us receiving all required information and either make the refund or tell you why we've refused your claim. You're not entitled to a refund if you or a supplementary cardmember gave consent for a transaction directly to us and, at least four weeks before the transaction was made, you were given information about the transaction (or it was made available to you) by us or the retailer. For example, at the time you placed an order, the exact amount was unknown but was later confirmed to you at least four weeks before your card was charged. Incorrect balance/money transfers We’ll refund the amount of a balance/money transfer and any interest, fees or charges we charge you as a result without undue delay if you instruct us to make a transfer and it is incorrectly made or it never arrives. If you give us the wrong details for a balance/money transfer or we can show that the bank we made the payment to did receive it, we won’t have to give you a refund but we'll help you to recover the money (we may charge a fee to cover our costs). Theft, loss or misuse of the card or account You or a supplementary cardmember must: • sign the card and keep it safe and secure (including using device passcodes, biometric data or other security details where applicable); • not let others use the account or card and regularly check you still have the card; • not give the card or card number to anyone else other than us, or for the purpose of making a transaction and not share your security details with anyone else (other than us or a TPP if it's necessary to do so); • choose a PIN or passcode that is not easy to guess. If you or a supplementary cardmember, register a card for use on a mobile phone or other device, you or the supplementary cardmember, must: • keep it and your security details safe and secure at all times, in the same way you would your card or PIN; • always use the lock feature on the phone or other device, where applicable; • never share your security details or allow another person to have block access to the device in a way which allows them your accounts to make transactions using the card registered on the device. You or a supplementary cardmember must tell us straight away if you suspect: • a card has been lost or stolen or not received; • a mobile phone or other device to which a card has been registered has been lost, stolen or compromised; • someone else knows a PIN or other security details; or • the account or a card is being misused or used without authorisation, or a transaction on the account has not been authorised or has been processed incorrectly. Our contact details are at the beginning of this agreement. If the use of a card is stopped for any reason, the use of all other cards issued on your account may also be stopped at the same time. If you register for online account services, you must keep your security details (such as your username, password or other details) and also your mobile phone or other device safe and secure. How much and when you must pay You must pay the minimum payment by the payment due date shown on your statement but you can always pay more than the minimum payment due. If we don't ask you to pay any arrears, they'll be due with your minimum payment. We'll use any payment you make to pay off arrears before any other amounts you owe us. We won't treat any payment we make into your account or any refund given by a retailer for a purchase as payment made by you. If you pay more than you owe us under this agreement, we'll return the amount you've overpaid. 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 don't clearly designate the account to be paid, we may apply payments to any account. We'll apply any payment to your account on the day we receive it, as long as this is within our business hours. We'll apply any payment we receive after that time on the next business day. How we apply payments We pay off amounts you owe at the highest interest rates before amounts charged at lower interest rates and we'll apply payments to amounts that have appeared on your statements before amounts that have not yet appeared on your statements. Missing payments Missing payments can have serious consequences. It could mean: • if you miss a payment, you‘ll lose any promotional interest rates on your account which means any remaining promotional balances will be charged interest at your standard rate; • you have to pay additional charges or costs; • your credit rating may be affected, making it more difficult or expensive to obtain credit; and • legal action (which could include getting a court order giving us the right to payment out of the sale proceeds for your home or other property) or bankruptcy proceedings may be taken against you to recover any debt owed under this agreement. Payments into your account by mistake If we make a payment into your account by mistake or as a result of a systems error, we'll automatically take the amount out of protect your account. If we're told that you think a payment from within the EEA made through a TPP was made into your account as a result of someone else's mistake (for example, if the payer gave the wrong account number unauthorised or reference), but, when we contact you, you tell us the payment was intended for you, we're legally required to share all relevant information including your name and address and transaction information with the bank the payment came from if they ask us so that the payer may contact you. Supplementary cardmembers At your request, we may issue cards on your account to supplementary cardmembers. You must make sure that supplementary cardmembers keep to this agreement. You're responsible for all use of your account by supplementary cardmembers and anyone they allow to use your account. This means incorrect you must repay all transactions they make. If you want to end a supplementary cardmember's right to use your account you must tell us. Converting transactions made in a foreign currency If we receive a transaction or refund for processing in a foreign currency, we'll convert it into Pounds Sterling on the date it's 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 applied on the date of your transaction or refund. Exchange rate fluctuations can be significant. If the transaction or refund is in U.S. Dollars, we'll convert it directly into Pounds Sterling. In all other cases, we'll convert it into U.S. Dollars first and then into Pounds Sterling but we'll only charge one non- sterling transaction fee. The exchange rate we use will be: • the rate required by law or customarily used in the territory where the transaction or refund is made, or where this doesn't apply; • 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 day from Monday to Friday (including bank holidays) except for Christmas Day and New Year's Day. You can find our rates via the 'My account' section of the online account centre or by calling us. When you make a transaction in a foreign currency, you may be given the option of allowing a third party (for example, the retailer) to convert your transaction into Pounds Sterling before submitting it to us. If you decide to do this, the exchange rate and any commission or charge will be set by the third party and may include a commission or charge. As we'll receive a transaction converted by a third party in Pounds Sterling, we won't apply a non-sterling transaction fee. Statements and legal notices We'll send statements to you by your chosen method at least once a month (1) if there has been any account activity or (2) if there has been a Base Rate change and otherwise once every 12 months. This could be by post, by email to the email address you've most recently given to us, by posting them in the online account centre or by making them available to you in any other lawfully permitted manner. We may send you notices (including any information we're legally required to send you, such as information about changes to this agreement or other agreements we have with you) on or together with your statements. In addition to payment information, each statement will show all transactions and amounts charged to your account in the statement period and the total account balance. Always check each statement and contact us as soon as possible if you need more information about anythingcan. If you receive statements online, you should make sure you regularly check this information and any mail we post use a TPP to you electronically in the same way you would written mail. If you receive statements by post, we'll send statements (and any notices we're required by law to provide) by post, addressed help us provide services to you, at the latest billing address on our records. Contacting these other TPPs may also impose account/channel limits, which we will inform you We may send you important messages and other communications (including alerts about certain activity on your account) about your account, card or card benefits in line with your preferences. This could be by email or SMS, on your statements or by posting them in the online account centre, for example, we may send you an alert to confirm that you've updated your contact information. There are some messages we need to send you (such as statements of your account or security alerts), but you can opt out of receiving other alerts or communications (such as marketing) by contacting us using the online account centre or by calling usof. If we need to contact you about any actual or suspected fraud or security threatsa TPP can’t be used, we'll do this using the fastest ’ll try and most secure way of contacting you (for examplemake your payment in another reasonable way, we may try to send you a text message rather than calling you). Changing your contact details We'll use your most recent contact details to contact youwhich will take longer. You must notify us immediately if you change the mailing address or email address we send statements or notices to. We may update your contact details if we receive information that they have changed or are incorrect. If we've 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. Any legal notices will be posted to the online account centre or sent to your last known mailing address or email address. Suspending your account We may suspend your account or any feature on your account if: • you tell us to close your account or we tell you we are closing your account; • we consider it necessary should always allow sufficient time for the security of the account; • you're in breach of the agreement; • we suspect unauthorised, improper and/or fraudulent use; • we reasonably think there's a significantly increased risk that you'll not be able to repay us; and • you've repaid more in interest and charges than the amount you've borrowed on your card for a sustained period. We'll normally notify you beforehand or immediately afterwards and may provide you with the reasons. If your account is suspended, you (and any supplementary cardmember) must not use the card and inform retailers not to seek to take any further payments from your account. We'll allow you account to use be received by the account, person you’re paying if the reasons we suspended your account in the first place no longer apply. You can tell us this is the case and request reinstatement via our website or by calling us. Ending your agreement This agreement isthey can’t be made using a TPP.

Appears in 4 contracts

Sources: Personal Banking Agreement, Personal Banking Agreement, Personal Banking Agreement

TPP. If we do, we'll tell you why in the way we think most appropriate (unless doing so would compromise our reasonable security measures or otherwise be unlawful). How you can authorise and cancel transactions To authorise a transaction you can: • present a card or provide your account details and, if required, use your security details (such as a PIN, passcode, personal identifiers, biometric data or other details); or • give us an instruction to make a balance/money transfer (by giving us the account details you want to send a payment to) and answer the questions questio ns we ask using your security details to verify that the instruction is from you. We may deactivate contactless payments at any time. You can't cancel purchases you make with a card but you can cancel other transactions that you've asked us to make in the future or regular payments (such as annual membership fees) if you ask us before the end of the business day before they are due to be made. When we can refuse to make authorise a transaction We may refuse to authorise a transaction if: • we have reasonable grounds to suspect unauthorised or improper use or fraud; • we reasonably consider that acting on your instructions might lead to: o a breach of law, regulation, code or other obligation; or o action from a government, law enforcement agency or regulator; • we're legally required to; • use of the card would be prohibited; • your card has been temporarily suspended as part of a Financial Relief Programme; • you have insufficient funds; or • the transaction would exceed a transaction limit of some sort or take your account over your credit limit. You may not use your account for illegal activities or in a manner which disguises the true nature of the transaction, for example, by obtaining cash through a transaction which you know will be treated as a purchase of goods and services, using your account to send funds to yourself through a payment processor, or by using your card at a merchant you own or control. If we do refuse a transaction, you'll normally be told at the point of sale. In all cases, you can find out about transactions we've refused, including the reasons why or any limits we may have put on your card, by calling us. We'll let you know this information unless the law or any regulation prevents us from doing so or for fraud prevention or security reasons. If we don't authorise a transaction or a retailer doesn't accept the card we're not responsible for any loss. Transactions you haven't authorised You're not responsible for any transactions: • made using the actual card before you receive it (for example, if your card is stolen in the post); • where we haven't told you how you can contact us to notify us that your card or security details have been lost, stolen or compromised; • if we fail to apply procedures that we're legally required to use to check that a payment has been authorised by you or a supplementary cardmember; • not authorised by you or a supplementary cardmember or any person you or a supplementary cardmember allowed, in breach of the agreement, to use your account or card; • made by a person you or a supplementary cardmember allowed, in breach of the agreement, to use your account or card after you tell us you suspect your account is being misused. You're responsible if you or a supplementary cardmember: • use your account or card fraudulently; • allowed someone else to use your account or card, including if someone else is allowed to access a mobile phone or other device on which your card has been registered (for example, by giving them your passcode or by letting them register their fingerprint on it) but you won't be responsible for any transactions made by a person you or a supplementary cardmember allowed to use your account or card after you tell us you suspect your account is being misused. If there are errors in a transaction and this is our fault, we'll give you a refund. We may then resubmit the correct transaction. If upon contacting us, you wish to dispute a transaction, we'll 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'll adjust your account accordingly. Transactions for unexpected amounts If you make a purchase within the European Economic Area and, at the time that th at you authorised it, you didn't know exactly how much you were going to be charged (for example, at a hotel check-in) you can request a refund from us if the amount charged is more than you reasonably expect and you ask for the refund within 8 weeks from the date of the statement on which the purchase appears. You'll need to provide us with all the information we reasonably ask for and we may provide this information (including personal information) to third parties investigating your claim. We'll conclude our investigation within 10 business days of us receiving all required information and either make the refund or tell you why we've refused your claim. You're not entitled to a refund if you or a supplementary cardmember gave consent for a transaction directly to us and, at least four weeks before the transaction was made, you were given information about the transaction (or it was made available to you) by us or the retailer. For example, at the time you placed an order, the exact amount was unknown but was later confirmed to you at least four weeks before your card was charged. Incorrect balance/money transfers We’ll refund the amount of a balance/money transfer and any interest, fees or charges we charge you as a result without undue delay if you instruct us to make a transfer and it is incorrectly made or it never arrives. If you give us the wrong details for a balance/money transfer or we can show that the bank we made the payment to did receive it, we won’t have to give you a refund but we'll help you to recover the money (we may charge a fee to cover our costs). Theft, loss or misuse of the card or account You or a supplementary cardmember must: • sign the card and keep it safe and secure (including using device passcodes, biometric data or other security details where applicable); • not let others use the account or card and regularly check you still have the card; • not give the card or card number to anyone else other than us, or for the purpose of making a transaction and not share your security details with anyone else (other than us or a TPP if it's necessary to do so); • choose a PIN or passcode that is not easy to guess. If you or a supplementary cardmember, register a card for use on a mobile phone or other device, you or the supplementary cardmember, must: • keep it and your security details safe and secure at all times, in the same way you would your card or PIN; • always use the lock feature on the phone or other device, where applicable; • never share your security details or allow another person to have access to the device in a way which allows them to make transactions using the card registered on the device. You or a supplementary cardmember must tell us straight away if you suspect: • a card has been lost or stolen or not received; • a mobile phone or other device to which a card has been registered has been lost, stolen or compromised; • someone else knows a PIN or other security details; or • the account or a card is being misused or used without authorisation, or a transaction on the account has not been authorised or has been processed incorrectly. Our contact details are at the beginning of this agreement. If the use of a card is stopped for any reason, the use of all other cards issued on your account may also be stopped at the same time. If you register for online account services, you must keep your security details (such as your username, password or other details) and also your mobile phone or other device safe and secure. How much and when you must pay You must pay the minimum payment by the payment due date shown on your statement but you can always pay more than the minimum payment due. If we don't ask you to pay any arrears, they'll be due with your minimum paymentpayment unless a Financial Relief Programme has been agreed with you in which case the minimum amount you must pay will be as communicated to you. We'll use any payment you make to pay off arrears before any other amounts you owe us. We won't treat any payment we make into your account or any refund given by a retailer for a purchase as payment made by you. If you pay more than you owe us under this agreement, we'll return the amount you've overpaid. 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 don't clearly designate the account to be paid, we may apply payments to any account. We'll apply any payment to your account on the day we receive it, as long as this is within our business hours. We'll apply any payment we receive after that time on the next business day. How we apply payments We pay off amounts you owe at the highest interest rates before amounts charged at lower interest rates and we'll apply payments to amounts that have appeared on your statements before amounts that have not yet appeared on your statements. Missing payments Missing payments can have serious consequences. It could mean: • if you miss a payment, you‘ll lose any promotional interest rates on your account which means any remaining promotional balances will be charged interest at your standard rate; • you may lose any financial relief interest rates or Financial Relief Programmes on your account; • you have to pay additional charges or costs; • your credit rating may be affected, making it more difficult or expensive to obtain credit; and • legal action (which could include getting a court order giving us the right to payment out of the sale proceeds for your home or other property) or o r bankruptcy proceedings may be taken against you to recover any debt owed under this agreement. Payments into your account by mistake If we make a payment into your account by mistake or as a result of a systems error, we'll automatically take the amount out of your account. If we're told that a payment from within the EEA was made into your account as a result of someone else's mistake (for example, if the payer gave the wrong account number or reference), but, when we contact you, you tell us the payment was intended for you, we're legally required to share all relevant information including your name and address and transaction information with the bank the payment came from if they ask us so that the payer may contact you. Supplementary cardmembers At your request, we may issue cards on your account to supplementary cardmembers. You must make sure that supplementary cardmembers keep to this agreement. You're responsible for all use of your account by supplementary cardmembers and anyone they allow to use your account. This means you must repay all transactions they make. If you want to end a supplementary cardmember's right to use your account you must tell us. Converting transactions made in a foreign currency If we receive a transaction or refund for processing in a foreign currency, we'll our currency conversion affiliate, AE Exposure Management Limited (“AEEML”) will convert it into Pounds Sterling on the date it's 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 applied on the date of your transaction or refund. Exchange rate fluctuations can be significant. If the transaction or refund is in U.S. Dollars, we'll AEEML will convert it directly into Pounds Sterling. In all other cases, we'll AEEML will convert it into U.S. Dollars first and then into Pounds Sterling but we'll only charge one non- non-sterling transaction fee. We don’t charge a non -sterling transaction fee for converting refunds. Refunds of transactions (including the non -sterling transaction fee applied at the time it was made) will be converted at the prevailing rate: this means that the refund applied to your account could be less or more than the original transaction amount shown on your statement. The exchange rate AEEML uses (we use call this the American Express Exchange Rate) will be: • the rate required by law or customarily used in the territory where the transaction or refund is made, or where this doesn't apply; • 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 day from Monday to Friday (including bank holidays) except for Christmas Day and New Year's Day. You can find our rates via the 'My account' section of the online account centre or by calling us. The total cost of converting your currency (we call this the Currency Conversion Charge) consists of the American Express Exchange Rate and the non -sterling transaction fee. Regulation requires us to provide you with information to enable you to compare the Currency Conversion Charge with reference rates issued by the European Central Bank. This information can be found on our website. When you make a transaction in a foreign currency, you may be given the option of allowing a third party (for example, the retailer) to convert your transaction into Pounds Sterling before submitting it to us. If you decide to do this, the exchange rate and any commission or charge will be set by the third party and may include a commission or chargeparty. As we'll receive a transaction converted by a third party in Pounds Sterling, we won't apply a non-non- sterling transaction fee. Statements and legal notices We'll send statements to you by your chosen method at least once a month (1) if there has been any account activity or (2) if there has been a Base Rate change and otherwise once every 12 months. This could be by post, by email to the email address you've yo u've most recently given to us, by posting them in the online account centre or by making them available to you in any other lawfully permitted manner. We may send you notices (including any information we're legally required to send you, such as information about changes to this agreement or other agreements we have with you) on or together with your statements. In addition to payment information, each statement will show all transactions and amounts charged to your account in the statement period and the total account balance. Always check each statement and contact us as soon as possible if you need more information about anything. If you receive statements online, 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. We wi ll send to you by email and post some notices we're required by law to provide. These notices will be addressed to you and sent to the latest billing address on our records. If you receive statements by post, we'll send the statements (and any notices we're required by law to provide) provide by post, addressed to you, at the latest billing address on our records. Contacting you We may send you important messages and other communications (including alerts about certain activity on your account) about your account, card account or card benefits in line with your preferences. This could be by email or SMS, on your statements or by posting them in the online account centre, for example, we may send you an alert to confirm that you've updated your contact information. There are some messages we need to send you (such as statements of your account or security alerts), but you can opt out of receiving other alerts or communications (such as marketing) by contacting us using the online account centre or by calling us. If we need to contact you about any actual or suspected fraud or security threats, we'll do this using the fastest and most secure way of contacting you (for example, we may try to send you a text message rather than calling you). Changing your contact details We'll use your most recent contact details to contact you. You must notify us immediately if you change the mailing address or email address we send statements or notices to. We may update your contact details if we receive information that they have changed or are incorrect. If we've 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. Any legal notices will be posted to the online account centre or sent to your last known mailing address or email address. Suspending your account We may suspend your account or any feature on your account if: • you tell us to close your account or we tell you we are closing your account; • we consider it necessary for the security of the account; • you're in breach of the agreement; • we suspect unauthorised, improper and/or fraudulent use; • we reasonably think there's a significantly increased risk that you'll not be able to repay us; and • you've repaid more in interest and charges than the amount you've borrowed on your card for a sustained period. We'll normally notify you beforehand or immediately afterwards and may provide you with the reasons. If your account is suspended, you (and any supplementary cardmember) must not use the card and inform retailers not to seek to take any further payments from your account. We'll allow you to use the account, if the reasons we suspended your account in the first place no longer apply. You can tell us this is the case and request reinstatement via our website or by calling us. Ending your agreement This agreement is

Appears in 2 contracts

Sources: Credit Card Agreement, Credit Card Agreement

TPP. If we do, we'll tell you why in the way we think most appropriate (unless un less doing so would compromise our reasonable security measures or otherwise be unlawful). How you can authorise and cancel transactions To authorise a transaction you can: • present a card or provide your account details and, if requiredreq uired, use your security details (such as a PIN, passcode, personal identifiers, biometric data or other details); or • give us an instruction to make a balance/money transfer (by giving us the account details you want to send a payment to) and answer the questions we ask using your security details to verify that the instruction is from you. We may deactivate contactless payments at any time. You can't cancel purchases you make with a card but you can cancel other transactions that you've asked us to make in the future or regular reg ular payments (such as annual membership fees) if you ask us before the end of the business day before they are due to be made. When we can refuse to make authorise a transaction We may refuse to authorise a transaction if: • we have reasonable grounds to suspect unauthorised un authorised or improper improp er use or fraud; • we reasonably consider that acting on your instructions might lead to: o a breach of law, regulationreg ulation, code or other obligation; or o action from a government, law enforcement agency or regulator; • we're legally required leg ally req uired to; • use of the card would be prohibited; • your card has been temporarily suspended as part of a Financial Relief Programme; • you have insufficient funds; or • the transaction would exceed a transaction limit of some sort or take your account over your credit limit. You may not use your account for illegal illeg al activities or in a manner which disguises the true nature of the transaction, for example, by obtaining cash through a transaction which you know will be treated as a purchase of goods and services, using your account to send funds to yourself through a payment processor, or by using your card at a merchant you own or control. If we do refuse a transaction, you'll normally be told at the point of sale. In all cases, you can find out about abo ut transactions we've refused, including the reasons why or any limits we may have put on your card, by calling us. We'll let you know this information unless the law or any regulation reg ulation prevents us from doing so or for fraud prevention or security reasons. If we don't authorise a transaction or a retailer doesn't accept the card we're not responsible for any loss. Transactions you haven't authorised You're not responsible for any transactions: • made using the actual card before you receive it (for example, if your card is stolen in the post); • where we haven't told you how you can contact us to notify us that your card or security details have been lost, stolen or compromised; • if we fail to apply procedures that we're legally required leg ally req uired to use to check that a payment has been authorised by you or a supplementary cardmember; • not authorised by you or a supplementary cardmember or any person you or a supplementary cardmember allowed, in breach of the agreement, to use your account or card; • made by a person you or a supplementary cardmember allowed, in breach of the agreement, to use your account or card after you tell us you suspect your account is being misused. You're responsible if you or a supplementary cardmember: • use your account or card fraudulentlyfraud ulently; • allowed someone else to use your account or card, including if someone someo ne else is allowed to access a mobile phone or other device on which your card has been registered (for example, by giving them your passcode or by letting them register their fingerprint on it) but you won't be responsible for any transactions made by a person you or a supplementary cardmember allowed to use your account or card after you tell us you suspect your account is being misused. If there are errors in a transaction and this is our fault, we'll give you a refund. We may then resubmit the correct transaction. If upon contacting us, you wish to dispute a transaction, we'll 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'll adjust your account accordingly. Transactions for unexpected amounts If you make a purchase within the European Economic Area and, at the time that you authorised it, you didn't know exactly how much you were going to be charged (for example, at a hotel check-in) you can request req uest a refund from us if the amount charged is more than you reasonably expect and you ask for the refund within 8 weeks from the date of the statement on which the purchase appears. You'll need to provide us with all the information we reasonably ask for and we may provide this information (including personal information) to third parties investigating your claim. We'll conclude our investigation within 10 business days of us receiving all required req uired information and either make the refund or tell you why we've refused your claim. You're not entitled to a refund if you or a supplementary cardmember gave consent for a transaction directly to us and, at least four weeks before the transaction was mademad e, you were given information about abo ut the transaction (or it was made available to you) by us or the retailer. For example, at the time you placed an order, the exact amount was unknown but was later confirmed to you at least four weeks before your card was charged. Incorrect balance/money transfers We’ll refund the amount of a balance/money transfer and any interest, fees or charges we charge you as a result without undue delay if you instruct us to make a transfer and it is incorrectly made or it never arrives. If you give us the wrong details for a balance/money transfer or we can show that the bank we made the payment to did receive it, we won’t have to give you a refund but we'll help you to recover the money (we may charge a fee to cover our costs). Theft, loss or misuse of the card or account You or a supplementary cardmember must: • sign the card and keep it safe and secure (including using device passcodes, biometric data or other security details where applicable); • not let others use the account or card and regularly reg ularly check you still have the card; • not give the card or card number to anyone else other than us, or for the purpose of making a transaction and not share your security details with anyone else (other than us or a TPP if it's necessary to do so); • choose a PIN or passcode that is not easy to guess. If you or a supplementary cardmember, register a card for use on a mobile phone or other device, you or the supplementary cardmember, must: • keep it and your security details safe and secure at all times, in the same way you would your card or PIN; • always use the lock feature on the phone or other device, where applicable; • never share your security details or allow another person to have access to the device in a way which allows them to make transactions using the card registered on the device. You or a supplementary cardmember must tell us straight away if you suspect: • a card has been lost or stolen or not received; • a mobile phone or other device to which a card has been registered has been lost, stolen or compromised; • someone else knows a PIN or other security details; or • the account or a card is being misused or used without authorisation, or a transaction on the account has not been authorised or has been processed incorrectly. Our contact details are at the beginning of this agreement. If the use of a card is stopped for any reason, the use of all other cards issued on your account may also be stopped at the same time. If you register for online account services, you must keep your security details (such as your username, password or other details) and also your mobile phone or other device safe and secure. How much and when you must pay You must pay the minimum payment by the payment due date shown on your statement but you can always pay more than the minimum payment due. If we don't ask you to pay any arrears, they'll be due with your minimum paymentpayment unless a Financial Relief Programme has been agreed with you in which case the minimum amount you must pay will be as communicated to you. We'll use any payment you make to pay off arrears before any other amounts you owe us. We won't treat any payment we make into your account or any refund given by a retailer for a purchase as payment made by you. If you pay more than you owe us under this agreement, we'll return the amount you've overpaid. 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 sep arate payment for each account you hold with us. If you send payments together and don't clearly designate the account to be paid, we may apply payments to any account. We'll apply any payment to your account on the day we receive it, as long as this is within our business hours. We'll apply any payment we receive after that time on the next business day. How we apply payments We pay off amounts you owe at the highest interest rates before amounts charged at lower interest rates and we'll apply payments to amounts that have appeared on your statements before amounts that have not yet appeared on your statements. Missing payments Missing payments can have serious consequencesconseq uences. It could mean: • if you miss a payment, you‘ll lose any promotional interest rates on your account which means any remaining promotional promotion al balances will be charged interest at your standard rate; • you may lose any financial relief interest rates or Financial Relief Programmes on your account; • you have to pay additional charges or costs; • your credit rating may be affected, making it more difficult or expensive to obtain credit; and • legal leg al action (which could include getting a court order giving us the right to payment out of the sale proceeds for your home or other property) or bankruptcy proceedings may be taken against ag ainst you to recover any debt owed under this agreement. Payments into your account by mistake If we make a payment into your account by mistake or as a result of a systems error, we'll automatically take the amount out of your account. If we're told that a payment from within the EEA was made into your account as a result of someone else's mistake (for example, if the payer gave the wrong account number or reference), but, when we contact you, you tell us the payment was intended for you, we're legally required leg ally req uired to share all relevant information including your name and address and transaction information with the bank the payment came from if they ask us so that the payer may contact you. Supplementary cardmembers At your requestreq uest, we may issue cards on your account to supplementary cardmembers. You must make sure that supplementary cardmembers keep to this agreement. You're responsible for all use of your account by supplementary cardmembers and anyone they allow to use your account. This means you must repay all transactions they make. If you want to end a supplementary cardmember's right to use your account you must tell us. Converting transactions made in a foreign currency If we receive a transaction or refund for processing in a foreign currency, we'll our currency conversion affiliate, AE Exposure Management Limited (“AEEML”) will convert it into Pounds Sterling on the date it's 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 applied on the date of your transaction or refund. Exchange rate fluctuations can be significant. If the transaction or refund is in U.S. Dollars, we'll AEEML will convert it directly into Pounds Sterling. In all other cases, we'll AEEML will convert it into U.S. Dollars first and then into Pounds Sterling but we'll only charge one non- non-sterling transaction fee. We don’t charge a non-sterling transaction fee for converting refunds. Refunds of transactions (including the non-sterling transaction fee applied at the time it was mad e) will be converted at the prevailing rate: this means that the refund applied to your account could be less or more than the original transaction amount shown on your statement. The exchange rate AEEML uses (we use call this the American Express Exchange Rate) will be: • the rate required req uired by law or customarily used in the territory where the transaction or refund is made, or where this doesn't apply; • 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 day from Monday to Friday (including bank holidays) except for Christmas Day and New Year's Day. You can find our rates via the 'My account' section of the online account centre or by calling us. The total cost of converting your currency (we call this the Currency Conversion Charge) consists of the American Express Exchan ge Rate and the non-sterling transaction fee. Reg ulation req uires us to provide you with information to en able you to compare the Currency Conversion Charge with reference rates issued by the European Central Bank. This information can be found on our website. When you make a transaction in a foreign currency, you may be given the option of allowing a third party (for example, the retailer) to convert your transaction into Pounds Sterling before submitting it to us. If you decide to do this, the exchange exchan ge rate and any commission or charge will be set by the third party and may include a commission or chargeparty. As we'll receive a transaction converted by a third party in Pounds Poun ds Sterling, we won't apply a non-non- sterling transaction fee. Statements and legal notices We'll send statements to you by your chosen method at least once a month (1) if there has been any account activity or (2) if there has been a Base Rate change and otherwise once every 12 months. This could be by post, by email to the email address you've most recently given to us, by posting them in the online account centre or by making them available to you in any other lawfully permitted manner. We may send you notices (including any information we're legally required to send you, such as information about changes to this agreement or other agreements we have with you) on or together with your statements. In addition to payment information, each statement will show all transactions and amounts charged to your account in the statement period and the total account balance. Always check each statement and contact us as soon as possible if you need more information about anything. If you receive statements online, you should make sure you regularly reg ularly check this information and any mail we post to you electronically in the same way you would written mail. We will send to you by email and post some notices we're required by law to provide. These notices will be addressed to you and sent to the latest billing ad dress on our records. If you receive statements by post, we'll send the statements (and any notices we're required req uired by law to provide) provide by post, addressed to you, at the latest billing address on our records. Contacting you We may send you important messages messag es and other communications (including alerts about abo ut certain activity on your account) about abo ut your account, card account or card benefits in line with your preferences. This could be by email or SMS, on your statements or by posting them in the online account centre, for example, we may send you an alert to confirm that you've updated your contact information. There are some messages messag es we need to send you (such as statements of your account or security alerts), but you can opt out of receiving other alerts or communications (such as marketing) by contacting us using the online account centre or by calling us. If we need to contact you about abo ut any actual or suspected fraud or security threats, we'll do this using the fastest and most secure way of contacting you (for example, we may try to send you a text message rather than calling you). Changing your contact details We'll use your most recent contact details to contact you. You must notify us immediately if you change the mailing address or email address we send statements or notices to. We may update your contact details if we receive information that they have changed or are incorrect. If we've 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. Any legal notices will be posted to the online account centre or sent to your last known mailing address or email address. Suspending your account We may suspend your account or any feature on your account if: • you tell us to close your account or we tell you we are closing your account; • we consider it necessary for the security of the account; • you're in breach of the agreement; • we suspect unauthorised, improper and/or fraudulent use; • we reasonably think there's a significantly increased risk that you'll not be able to repay us; and • you've repaid more in interest and charges than the amount you've borrowed on your card for a sustained period. We'll normally notify you beforehand or immediately afterwards and may provide you with the reasons. If your account is suspended, you (and any supplementary cardmember) must not use the card and inform retailers not to seek to take any further payments from your account. We'll allow you to use the account, if the reasons we suspended your account in the first place no longer apply. You can tell us this is the case and request reinstatement via our website or by calling us. Ending your agreement This agreement ishave

Appears in 2 contracts

Sources: Credit Card Agreement, Credit Card Agreement

TPP. If we do, we'll tell you why in the way we think most appropriate (unless doing so would compromise our reasonable security measures or otherwise be unlawful)) . How you can authorise and cancel transactions To authorise a transaction you can: • present a card or provide your account details and, if required, use your security details (such as a PIN, passcode, personal identifiers, biometric data or other details); or • give us an instruction to make a balance/money transfer (by giving us the account details you want to send a payment to) and answer the questions we ask using your security details to verify that the instruction is from you. We may deactivate contactless payments at any time. You can't cancel purchases you make with a card but you can cancel other transactions that you've asked us to make in the future or regular payments (such as annual membership fees) if you ask us before the end of the business day before they are due to be made. When we can refuse to make authorise a transaction We may refuse to authorise a transaction if: • we have reasonable grounds to suspect unauthorised or improper use or fraud; • we reasonably consider that acting on your instructions might lead to: o a breach of law, regulation, code or other obligation; or o action from a government, law enforcement agency or regulator; • we're legally required to; • use of the card would be prohibited; • your card has been temporarily suspended as part of a Financial Relief Programme; • you have insufficient funds; or • the transaction would exceed a transaction limit of some sort or take your account over your credit limit. You may not use your account for illegal activities or in a manner which disguises the true t rue nature of the transaction, for example, by obtaining cash through a transaction which you know will be treated as a purchase of goods and services, using your account to send funds to yourself through a payment processor, or by using your card at a merchant you own or control. If we do refuse a transaction, you'll normally be told at the point of sale. In all cases, you can find out about transactions we've refused, including the reasons why or any limits we may have put on your card, by calling us. We'll let you know this information unless the law or any regulation prevents us from doing so or for fraud prevention or security reasons. If we don't authorise a transaction or a retailer doesn't accept the card we're not responsible for any loss. Transactions you haven't authorised You're not responsible for any transactions: • made using the actual card before you receive it (for example, if your card is stolen in the post); • where we haven't told you how you can contact us to notify us that your card or security details have been lost, stolen or compromised; • if we fail to apply procedures that we're legally required to use to check that a payment has been authorised by you or a supplementary cardmember; • not authorised by you or a supplementary cardmember or any person you or a supplementary cardmember allowed, in breach of the agreement, to use your account or card; • made by a person you or a supplementary cardmember allowed, in breach of the agreement, to use your account or card after you tell us you suspect your account is being misused. You're responsible if you or a supplementary cardmember: • use your account or card fraudulently; • allowed someone else to use your account or card, including if someone else is allowed to access a mobile phone or other device on which your card has been registered (for example, by giving them your passcode or by letting them register their fingerprint on it) but you won't be responsible for any transactions made by a person you or a supplementary cardmember allowed to use your account or card after you tell us you suspect your account is being misused. If there are errors in a transaction and this is our fault, we'll give you a refund. We may then resubmit the correct transaction. If upon contacting us, you wish to dispute a transaction, we'll 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'll adjust your account accordingly. Transactions for unexpected amounts If you make a purchase within the European Economic Area and, at the time that th at you authorised it, you didn't know exactly how much you were going to be charged (for example, at a hotel check-in) you can request a refund from us if the amount charged is more than you reasonably expect and you ask for the refund within 8 weeks from the date of the statement on which the purchase appears. You'll need to provide us with all the information we reasonably ask for and we may provide this information (including personal information) to third parties investigating your claim. We'll conclude our investigation within 10 business days of us receiving all required information and either make the refund or tell you why we've refused your claim. You're not entitled to a refund if you or a supplementary cardmember gave consent for a transaction directly to us and, at least four weeks before the transaction was made, you were given information about the transaction (or it was made available to you) by us or the retailer. For example, at the time you placed an order, the exact amount was unknown but was later confirmed to you at least four weeks before your card was charged. Incorrect balance/money transfers We’ll refund the amount of a balance/money transfer and any interest, fees or charges we charge you as a result without undue delay if you instruct us to make a transfer and it is incorrectly made or it never arrives. If you give us the wrong details for a balance/money transfer or we can show that the bank we made the payment to did receive it, we won’t have to give you a refund but we'll help you to recover the money (we may charge a fee to cover our costs). Theft, loss or misuse of the card or account You or a supplementary cardmember must: • sign the card and keep it safe and secure (including using device passcodes, biometric data or other security details where applicable); • not let others use the account or card and regularly check you still have the card; • not give the card or card number to anyone else other o ther than us, or for the purpose of making a transaction and not share your security details with anyone else (other than us or a TPP if it's necessary to do so); • choose a PIN or passcode that is not easy to guess. If you or a supplementary cardmember, register a card for use on a mobile phone or other device, you or the supplementary cardmember, must: • keep it and your security details safe and secure at all times, in the same way you would your card or PIN; • always use the lock feature on the phone or other device, where applicable; • never share your security details or allow another person to have access to the device in a way which allows them to make transactions using the card registered on the device. You or a supplementary cardmember must tell us straight away if you suspect: • a card has been lost or stolen or not received; • a mobile phone or other device to which a card has been registered has been lost, stolen or compromised; • someone else knows a PIN or other security details; or • the account or a card is being misused or used without authorisation, or a transaction on the account has not been authorised or has been processed incorrectly. Our contact details are at the beginning of this agreement. If the use of a card is stopped for any reason, the use of all other cards issued on your account may also be stopped at the same time. If you register for online account services, you must keep your security details (such as your username, password or other details) and also your mobile phone or other device safe and secure. How much and when you must pay You must pay the minimum payment by the payment due date shown on your statement but you can always pay more than the minimum payment due. If we don't ask you to pay any arrears, they'll be due with your minimum paymentpayment unless a Financial Relief Programme has been agreed with you in which case the minimum amount you must pay will be as communicated to you. We'll use any payment you make to pay off arrears before any other amounts you owe us. We won't treat any payment we make into your account or any refund given by a retailer for a purchase as payment made by you. If you pay more than you owe us under this agreement, we'll return the amount you've overpaid. 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 don't clearly designate the account to be paid, we may apply payments to any account. We'll apply any payment to your account on the day we receive it, as long as this is within our business hours. We'll apply any payment we receive after that time on the next business day. How we apply payments We pay off amounts you owe at the highest interest rates before amounts charged at lower interest rates and we'll apply payments to amounts that have appeared on your statements before amounts that have not yet appeared on your statements. Missing payments Missing payments can have serious consequences. It could mean: • if you miss a payment, you‘ll lose any promotional interest rates on your account which means any remaining promotional balances will be charged interest at your standard rate; • you may lose any financial relief interest rates or Financial Relief Programmes on your account; • you have to pay additional charges or costs; • your credit rating may be affected, making it more difficult or expensive to obtain credit; and • legal action (which could include getting a court order giving us the right to payment out of the sale proceeds for your home or other property) or bankruptcy proceedings may be taken against you to recover any debt owed under this agreement. Payments into your account by mistake If we make a payment into your account by mistake or as a result of a systems error, we'll automatically take the amount out of your account. If we're told that a payment from within the EEA was made into your account as a result of someone else's mistake (for example, if the payer gave the wrong account number or reference), but, when we contact you, you tell us the payment was intended for you, we're legally required to share all relevant information including your name and address and transaction information with the bank the payment came from if they ask us so that the payer may contact you. Supplementary cardmembers At your request, we may issue cards on your account to supplementary cardmembers. You must make sure that supplementary cardmembers keep to this agreement. You're responsible for all use of your account by supplementary cardmembers and anyone they allow to use your account. This means you must repay all transactions they make. If you want to end a supplementary cardmember's right to use your account you must tell us. Converting transactions made in a foreign currency If we receive a transaction or refund for processing in a foreign currency, we'll our currency conversion affiliate, AE Exposure Management Limited (“AEEML”) will convert it into Pounds Sterling on the date it's 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 applied on the date of your transaction or refund. Exchange rate fluctuations can be significant. If the transaction or refund is in U.S. Dollars, we'll AEEML will convert it directly into Pounds Sterling. In all other cases, we'll AEEML will convert it into U.S. Dollars first and then into Pounds Sterling but we'll only charge one non- non-sterling transaction fee. We don’t charge a non -sterling transaction fee for converting refunds. Refunds of transactions (including the non -sterling transaction fee applied at the time it was made) will be converted at the prevailing rate: this means that the refund applied to your account could be less or more than the original transaction amount shown on your statement. The exchange rate AEEML uses (we use call this the American Express Exchange Rate) will be: • the rate required by law or customarily used in the territory where the transaction or refund is made, or where this doesn't apply; • 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 day from Monday to Friday (including bank holidays) except for Christmas Day and New Year's Day. You can find our rates via the 'My account' section of the online account centre or by calling us. The total cost of converting your currency (we call this the Currency Conversion Charge) consists of the American Express Exchange Rate and the non -sterling transaction fee. Regulation requires us to provide you with information to enable you to compare the Currency Conversion Charge with reference rates issued by the European Central Bank. This information can be found on our website. When you make a transaction in a foreign currency, you may be given the option of allowing a third party (for example, the retailer) to convert your transaction into Pounds Sterling before submitting it to us. If you decide to do this, the exchange rate and any commission or charge will be set by the third party and may include a commission or chargeparty. As we'll receive a transaction converted by a third party in Pounds Sterling, we won't apply a non-non- sterling transaction fee. Statements and legal notices We'll send statements to you by your chosen method at least once a month (1) if there has been any account activity or (2) if there has been a Base Rate change and otherwise once every 12 months. This could be by post, by email to the email address you've yo u've most recently given to us, by posting them in the online account centre or by making them available to you in any other lawfully permitted manner. We may send you notices (including any information we're legally required to send you, such as information about changes to this agreement or other agreements we have with you) on or together with your statements. In addition to payment information, each statement will show all transactions and amounts charged to your account in the statement period and the total account balance. Always check each statement and contact us as soon as possible if you need more information about anything. If you receive statements online, 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. We wi ll send to you by email and post some notices we're required by law to provide. These notices will be addressed to you and sent to the latest billing address on our records. If you receive statements by post, we'll send the statements (and any notices we're required by law to provide) provide by post, addressed to you, at the latest billing address on our records. Contacting you We may send you important messages and other communications (including alerts about certain activity on your account) about your account, card account or card benefits in line with your preferences. This could be by email or SMS, on your statements or by posting them in the online account centre, for example, we may send you an alert to confirm that you've updated your contact information. There are some messages we need to send you (such as statements of your account or security alerts), but you can opt out of receiving other alerts or communications (such as marketing) by contacting us using the online account centre or by calling us. If we need to contact you about any actual or suspected fraud or security threats, we'll do this using the fastest and most secure way of contacting you (for example, we may try to send you a text message rather than calling you). Changing your contact details We'll use your most recent contact details to contact you. You must notify us immediately if you change the mailing address or email address we send statements or notices to. We may update your contact details if we receive information that they have changed or are incorrect. If we've 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. Any legal notices will be posted to the online account centre or sent to your last known mailing address or email address. Suspending your account We may suspend your account or any feature on your account if: • you tell us to close your account or we tell you we are closing your account; • we consider it necessary for the security of the account; • you're in breach of the agreement; • we suspect unauthorised, improper and/or fraudulent use; • we reasonably think there's a significantly increased risk that you'll not be able to repay us; and • you've repaid more in interest and charges than the amount you've borrowed on your card for a sustained period. We'll normally notify you beforehand or immediately afterwards and may provide you with the reasons. If your account is suspended, you (and any supplementary cardmember) must not use the card and inform retailers not to seek to take any further payments from your account. We'll allow you to use the account, if the reasons we suspended your account in the first place no longer apply. You can tell us this is the case and request reinstatement via our website or by calling us. Ending your agreement This agreement is've

Appears in 2 contracts

Sources: Credit Card Agreement, Credit Card Agreement

TPP. If we do, we'll tell you why in the way we think most appropriate (unless doing so would compromise our reasonable security measures or otherwise be unlawful). How you can authorise and cancel transactions To access the credit available to you, you authorise a transaction you can: • present by presenting a card or provide providing your account details and, if required, use using your security details (such as a PIN, passcode, personal identifiersidentifiers, biometric data or other details); or • give us an instruction to make a balance/money transfer (by giving us the account details you want to send a payment to) and answer the questions we ask using your security details to verify that the instruction is from you. We may deactivate contactless payments at any time. You can't cancel purchases you make with a card card, but you can cancel other transactions that you've ’ve asked us to make in the future or regular payments (such as annual membership fees) if you ask us before the end of the business day before they are due to be mademonthly direct debits). When we can refuse to make a transaction We may refuse to authorise a transaction if: we have reasonable grounds to suspect unauthorised or improper use or fraud; we reasonably consider that acting on your instructions might lead to: o a breach of law, regulation, code or other obligation; or o action from a government, law enforcement agency or regulator; we're legally required to; use of the card would be prohibited; you have insufficient fundsinsu cient credit available; or • the transaction would exceed a transaction limit the Transaction Limit of some sort or take your account over your credit limit or the transaction is not permissible under the terms of this credit agreement. In respect of purchase transactions, the Transaction Limit is (subject to your credit limit) £10,000 per, 300 transactions every four days and 100 transactions per day. In respect of cash advances, the Transaction Limit is (subject to your credit limit) £150 per day, 3 transactions per day and 5 transactions every four days. You may not use your account for illegal activities or in a manner which disguises the true nature of the transaction, for example, by obtaining cash through a transaction which you know will be treated as a purchase of goods and services, or by using your card at a merchant you own or control. If we do refuse a transaction, you'll normally be told at the point of sale. In all cases, you can find find out about transactions we've refused, including the reasons why or any limits we may have put on your card, by calling usvia our in-app chat on your mobile application. We'll let you know this information unless the law or any regulation prevents us from doing so or for fraud prevention or security reasons. If we don't authorise You can use the Yonder Card to carry out a transaction or at any merchant which accepts Mastercard. Certain merchants may not accept transactions made through the Yonder Card and neither we nor TPL accepts any liability for a retailer doesn't merchant's inability to accept payments made through the card we're not responsible for any lossYonder Card. It is your responsibility to check what restrictions a merchant may apply. Transactions you haven't authorised You're not responsible for any transactions: made using the actual card before you receive it (for example, if your card is stolen in the post); where we haven't told you how you can contact us to notify us that your card or security details have been lost, stolen or compromised; if we fail to apply procedures that we're legally required to use to check that a payment has been authorised by you or a supplementary cardmemberyou; not authorised by you or a supplementary cardmember or any person you or a supplementary cardmember allowed, in breach of the agreement, to use your account or card; • made by a person you or a supplementary cardmember allowed, in breach of the agreement, to You're responsible if you: use your account or card after you tell us you suspect your account is being misused. You're responsible if you or a supplementary cardmember: • use your account or card fraudulently; • allowed someone else to use your account or card, including if someone else is allowed to access a mobile phone or other device on which your card has been registered (for example, by giving them your passcode or by letting them register their fingerprint on it) but you won't be responsible for any transactions made by a person you or a supplementary cardmember allowed to use your account or card after you tell us you suspect your account is being misused. fraudulently If there are errors in a transaction and this is our fault, we'll give you a refundrefund of the amount of the payment plus any extra interest and charges that you incur as a result, provided you tell us about the errors without undue delay and in any event no later than 13 months after the date on which the transaction as debited to your account. We may then resubmit the correct transaction. If upon contacting us, you wish to dispute a transaction, we'll 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'll adjust your account accordingly. Transactions for unexpected amounts If you make a purchase within the European Economic Area and, and at the time that you authorised it, you didn't n’t know exactly how much you were going to be charged (for example, at a hotel check-in) you can request a refund from us if the amount charged is more than you reasonably expect and you ask for the refund within 8 weeks from the date of the statement on which the purchase appears. You'll need to provide us with all the information we reasonably ask for and we may provide this information (including personal information) to third parties investigating your claim. We'll conclude our investigation within 10 business days of us receiving all required information and either make the refund or tell you why we've refused your claim. You're not entitled to a refund if you or a supplementary cardmember gave consent for a transaction directly to us and, at least four weeks before the transaction was made, you were given information about the transaction (or it was made available to you) by us or the retailer. For example, at the time you placed an order, the exact amount was unknown but was later confirmed confirmed to you at least four weeks before your card was charged. Incorrect balance/money transfers We’ll refund the amount of a balance/money transfer and any interest, fees or charges we charge you as a result without undue delay if you instruct us to make a transfer and it is incorrectly made or it never arrives. If you give us the wrong details for a balance/money transfer or we can show that the bank we made the payment to did receive it, we won’t have to give you a refund but we'll help you to recover the money (we may charge a fee to cover our costs). Theft, loss or misuse of the card or account You or a supplementary cardmember must: • sign the card and keep it safe and secure (including using device passcodes, biometric data or other security details where applicable); • ) not let others use the account or card and regularly check you still have the card; • card not give the card or card number to anyone else other than us, or for the purpose of making a transaction and not share your security details with anyone else (other than us or a TPP if it's ’s necessary to do so); • ) choose a PIN or passcode that is not easy to guessguess You must have the Yonder mobile application installed on your device to enable management of your account. If As part of this you or a supplementary cardmember, register a card for use on a mobile phone or other device, you or the supplementary cardmember, must: keep it your device and your security details safe and secure at all times, in the same way you would your card or PIN; • . always use the lock feature on the phone or other device, where applicable; • . never share your security details or allow another person to have access to the device in a way which allows them to make transactions using the card registered on the device. You or a supplementary cardmember must tell us straight away if you suspect: a card has been lost or stolen or not received; • . a mobile phone or other device to which a card has been registered has been lost, stolen or compromised; • . someone else knows a PIN or other security details; , or the account or a card is being misused or used without authorisation, or a transaction on the account has not been authorised or has been processed incorrectly. Our contact details are at the beginning of this agreement. If the use of a card is stopped for any reason, the use of all other cards issued on your account may also be stopped at the same time. If you register for online account services, you You must keep your security details (such as your username, password or other details) and also your mobile phone or other device to which the card has been registered safe and secure. How much and when you must pay You must pay the minimum payment by the payment due date shown on your statement statement, but you can always pay more than the minimum payment due. If we don't ask you to pay any arrears, they'll be due with your minimum payment. We'll use any payment you make to pay off o arrears before any other amounts you owe us. We won't treat any payment we make into your account or any refund given by a retailer for a purchase as payment made by you. If you pay more than you owe us under this agreement, we'll return the amount you've overpaid. 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 don't clearly designate the account to be paid, we may apply payments to any account. We'll apply any payment to your account on the day we receive it, as long as this is within our business hours. We'll apply any payment we receive after that time on the next business day. How we apply payments We pay off o amounts you owe at the highest interest rates before amounts charged at lower interest rates and we'll apply payments to amounts that have appeared on your statements before amounts that have not yet appeared on your statements. Missing payments Missing payments can have serious consequences. It could mean: • if you miss a payment, you‘ll lose any promotional interest rates on your account which means any remaining promotional balances will be charged interest at your standard rate; • you have to pay additional charges or costs; • your credit rating may be affecteda ected, making it more difficult di cult or expensive to obtain credit; and legal action (which could include getting a court order giving us the right to payment out of the sale proceeds for your home or other property) or bankruptcy proceedings may be taken against you to recover any debt owed under this agreement. Payments into your account by mistake If we make a payment into your account by mistake or as a result of a systems error, we'll automatically take the amount out of your account. If we're told that a payment from within the EEA was made into your account as a result of someone else's ’s mistake (for example, if the payer gave the wrong account number or reference), but, when we contact you, you tell us the payment was intended for you, we're we may be legally required to share all relevant information including your name and address and transaction information with the bank the payment came from if they ask us so that the payer may contact you. Supplementary cardmembers At your request, we may issue cards on your account to supplementary cardmembers. You must make sure that supplementary cardmembers keep to this agreement. You're responsible for all use of your account by supplementary cardmembers and anyone they allow to use your account. This means you must repay all transactions they make. If you want to end a supplementary cardmember's right to use your account you must tell us. Converting transactions made in a foreign currency If we receive a transaction or refund for processing in a foreign currency, we'll convert it into Pounds Sterling on the date it's processed (which may be different di erent to the date of the transaction or refund). This means that the exchange rate used may differ di er from the rate that applied on the date of your transaction or refund. Exchange rate fluctuations fluctuations can be significant. If the transaction or refund is in U.S. Dollars, we'll convert it directly into Pounds Sterling. In all other cases, we'll convert it into U.S. Dollars first and then into Pounds Sterling but we'll only charge one non- sterling transaction feesignificant. The exchange rate we use will be: • be the Mastercard foreign exchange rate required and we will not apply a transaction charge. In order to allow you to compare charges for currency conversion, you can view the real-time percentage di erence between the amount that will be charged on your Card for a foreign currency Transaction (consisting of the ▇▇▇▇-up applied by law or customarily used in Mastercard) and the territory where latest available euro foreign exchange rates issued by the transaction or refund is made, or where this doesn't apply; • 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 day from Monday to Friday (including bank holidays) except for Christmas Day and New Year's DayEuropean Central Bank. You can find our rates via view this information on the 'My account' section of Yonder website. We do not add any additional ▇▇▇▇ up to the online account centre or by calling usexchange rate. When you make a transaction in a foreign currency, you may be given the option of allowing a third party (for example, the retailer) to convert your transaction into Pounds Sterling before submitting it to us. If you decide to do this, the exchange rate and any commission or charge will be set by the third party and may include a commission or charge. As we'll receive a transaction converted by a third party in Pounds Sterling, we won't apply a non-sterling transaction fee. Statements and legal notices We'll send statements to you by via your chosen method at least once a month (1) if there has been any account activity or (2) if there has been a Base Rate change and otherwise once every 12 monthsmobile application monthly. This could be by post, by email to will include detail on your activity for the email address you've most recently given to us, by posting them in the online account centre or by making them available to you in any other lawfully permitted mannermonth. We may send you notices (including any information we're legally required to send you, such as information about changes to this agreement or other agreements we have with you) on or together with your statements. In addition to payment information, each statement will show all transactions and amounts charged to your account in the statement period and the total account balance. Always check each statement and contact us as soon as possible if you need more information about anything. If you receive statements onlineWhere we are required to do so by law, you should make sure you regularly check this information and any mail we post will send certain legal notices to you electronically in the same way you would written mail. If you receive statements by post, we'll send statements (and any notices we're required by law to provide) by post, addressed to you, at the latest billing address on our records. Contacting you We may send you important messages and other communications (including alerts about certain activity on your account) about your account, card or card benefits membership benefits in line with your preferences. This could be by email or email, SMS, mobile push notifications or via your statements on your statements or by posting them in the online account centre, for mobile application. For example, we may send you an alert to confirm confirm that you've updated your contact information. There are some messages we need to send you (such as statements of your account or security alerts), but you can opt out of receiving other alerts or communications (such as marketing) by updating your preferences on your mobile application or contacting us using via the online account centre or by calling usin-app mobile chat. If we need to contact you about any actual or suspected fraud or security threats, we'll do this using the fastest and most secure way of contacting you (for example, we may try to send you a text message rather than calling you). Changing your contact details We'll use your most recent contact details to contact you. You must notify us immediately if you change the mailing address or email address we send statements or notices toaddress. We may update your contact details if we receive information that they have changed or are incorrect. If we've 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. Any legal notices will be posted to the online account centre you on your mobile application or sent to your last known mailing address or email address. Suspending your account We may suspend your account or any feature on your account if: you tell us to close your account account, or we tell you we are closing your account; • . we consider it necessary for the security of the account; • . you're in breach of the agreement; • . we are required to do so for any legal, regulatory or financial crime prevention purposes. we reasonably believe that any information you have given to us is untrue, incomplete, incorrect or misleading in any material respect. we cannot process your transactions due to the actions of third parties. we suspect unauthorised, negligent, improper and/or fraudulent use; • . we reasonably think there's a significantly significantly increased risk that you'll not be able to repay us; and you've repaid more in interest and charges than the amount you've borrowed on your card for a sustained period. We'll normally notify you beforehand or immediately afterwards and may provide you with the reasons. If your account is suspended, you (and any supplementary cardmember) must not use the card and inform retailers not to seek to take any further payments from your account. We'll allow you to use the account, if the reasons we suspended your account in the first first place no longer apply. You can tell us this is the case and request reinstatement via live chat within our website mobile app or by calling usvia email. Ending your agreement This agreement isis open ended and, subject to an initial three months minimum duration, it has no fixed duration. On expiry of the initial three month period, you and we can end it without giving any reason. You can do this at any time in your mobile application, by calling us or writing to us (our contact details are at the beginning of this agreement) to tell us to close your account and by paying o all the amounts you owe. We can do this by giving you at least two months' written notice, but we may end this agreement immediately if: you repeatedly fail to pay minimum payments on time or go over your credit limit you seriously or persistently breach this agreement you give us false or misleading information steps are taken to make you bankrupt or to make you the subject of any form of debt relief process we reasonably consider that by continuing the agreement we might: breach a law, regulation, code or other obligation; or face action from a government, law enforcement agency or regulator you become incapacitated or die you behave in an abusive or threatening way to our sta or you fail to provide the Personal Data (as defined in the TPL Privacy Policy) necessary for TPL to comply with its legal obligations as a card issuer and to fulfil this agreement we have reasonable grounds to believe you're unable or unwilling to pay your debts when due In any of these circumstances and subject to the requirements of the Consumer Credit ▇▇▇ ▇▇▇▇, we may close your account and require you to repay immediately all amounts you owe us under this agreement in full together with any interest and charges that apply. If you're having or may have di culty making payments, please contact us as soon as you can. We'll always follow any legal requirements to provide you with notices before we end the agreement. The agreement will only come to an end once you've paid o all amounts you owe us. Until then: all of the terms of the agreement will continue to apply (including our right to change the terms of the agreement) you will have no rights under it to use the account or the card to make transactions; and your card benefits will stop You must destroy all cards when the agreement ends. Set o We may, at any time, without notice or demand, set o against any credit on your account any amount you owe us until everything you owe us has been fully repaid. Membership benefits You can ear

Appears in 1 contract

Sources: Credit Card Agreement

TPP. If we do, we'll tell you why in the way we think most appropriate (unless doing so would compromise our reasonable security measures or otherwise be unlawful). How you can authorise and cancel transactions To authorise a transaction you can: • present a card or provide your account details and, if required, use your security details (such as a PIN, passcode, personal identifiers, biometric data or other details); or • give us an instruction to make a balance/money transfer (by giving us the account details you want to send a payment to) and answer the questions questio ns we ask using your security details to verify that the instruction is from you. We may deactivate contactless payments at any time. You can't cancel purchases you make with a card but you can cancel other transactions that you've asked us to make in the future or regular payments (such as annual membership fees) if you ask us before the end of the business day before they are due to be made. When we can refuse to make authorise a transaction We may refuse to authorise a transaction if: • we have reasonable grounds to suspect unauthorised or improper use or fraud; • we reasonably consider that acting on your instructions might lead to: o a breach of law, regulation, code or other obligation; or o action from a government, law enforcement agency or regulator; • we're legally required to; • use of the card would be prohibited; • your card has been temporarily suspended as part of a Financial Relief Programme; • you have insufficient funds; or • the transaction would exceed a transaction limit of some sort or take your account over your credit limit. You may not use your account for illegal activities or in a manner which disguises the true nature of the transaction, for example, by obtaining cash through a transaction which you know will be treated as a purchase of goods and services, using your account to send funds to yourself through a payment processor, or by using your card at a merchant you own or control. If we do refuse a transaction, you'll normally be told at the point of sale. In all cases, you can find out about transactions we've refused, including the reasons why or any limits we may have put on your card, by calling us. We'll let you know this information unless the law or any regulation prevents us from doing so or for fraud prevention or security reasons. If we don't authorise a transaction or a retailer doesn't accept the card we're not responsible for any loss. Transactions you haven't authorised You're not responsible for any transactions: • made using the actual card before you receive it (for example, if your card is stolen in the post); • where we haven't told you how you can contact us to notify us that your card or security details have been lost, stolen or compromised; • if we fail to apply procedures that we're legally required to use to check that a payment has been authorised by you or a supplementary cardmember; • not authorised by you or a supplementary cardmember or any person you or a supplementary cardmember allowed, in breach of the agreement, to use your account or card; • made by a person you or a supplementary cardmember allowed, in breach of the agreement, to use your account or card after you tell us you suspect your account is being misused. You're responsible if you or a supplementary cardmember: • use your account or card fraudulently; • allowed someone else to use your account or card, including if someone else is allowed to access a mobile phone or other device on which your card has been registered (for example, by giving them your passcode or by letting them register their fingerprint on it) but you won't be responsible for any transactions made by a person you or a supplementary cardmember allowed to use your account or card after you tell us you suspect your account is being misused. If there are errors in a transaction and this is our fault, we'll give you a refund. We may then resubmit the correct transaction. If upon contacting us, you wish to dispute a transaction, we'll initiate an inquiry and may suspend the transaction on your account if we reasonably consider there to be a valid dispute. Once investigations in vestigations are complete, we'll adjust your account accordingly. Transactions for unexpected amounts If you make a purchase within the European Economic Area and, at the time that th at you authorised it, you didn't know exactly how much you were going to be charged (for example, at a hotel check-in) you can request a refund from us if the amount charged is more than you reasonably expect and you ask for the refund within 8 weeks from the date of the statement on which the purchase appears. You'll need to provide us with all the information we reasonably ask for and we may provide this information (including personal information) to third parties investigating your claim. We'll conclude our investigation within 10 business days of us receiving all required information and either make the refund or tell you why we've refused your claim. You're not entitled to a refund if you or a supplementary cardmember gave consent for a transaction directly to us and, at least four weeks before the transaction was made, you were given information about the transaction (or it was made available to you) by us or the retailer. For example, at the time you placed an order, the exact amount was unknown but was later confirmed to you at least four weeks before your card was charged. Incorrect balance/money transfers We’ll refund the amount of a balance/money transfer and any interest, fees or charges we charge you as a result without undue delay if you instruct us to make a transfer and it is incorrectly made or it never arrives. If you give us the wrong details for a balance/money transfer or we can show that the bank we made the payment to did receive it, we won’t have to give you a refund but we'll help you to recover the money (we may charge a fee to cover our costs). Theft, loss or misuse of the card or account You or a supplementary cardmember must: • sign the card and keep it safe and secure (including using device passcodes, biometric data or other security details where applicable); • not let others use the account or card and regularly check you still have the card; • not give the card or card number to anyone else other than us, or for the purpose of making a transaction and not share your security details with anyone else (other than us or a TPP if it's necessary to do so); • choose a PIN or passcode that is not easy to guess. If you or a supplementary cardmember, register a card for use on a mobile phone or other device, you or the supplementary cardmember, must: • keep it and your security details safe and secure at all times, in the same way you would your card or PIN; • always use the lock feature on the phone or other device, where applicable; • never share your security details or allow another person to have access to the device in a way which allows them to make transactions using the card registered on the device. You or a supplementary cardmember must tell us straight away if you suspect: • a card has been lost or stolen or not received; • a mobile phone or other device to which a card has been registered has been lost, stolen or compromised; • someone else knows a PIN or other security details; or • the account or a card is being misused or used without authorisation, or a transaction on the account has not been authorised or has been processed incorrectly. Our contact details are at the beginning of this agreement. If the use of a card is stopped for any reason, the use of all other cards issued on your account may also be stopped at the same time. If you register for online account services, you must keep your security details (such as your username, password or other details) and also your mobile phone or other device safe and secure. How much and when you must pay You must pay the minimum payment by the payment due date shown on your statement but you can always pay more than the minimum payment due. If we don't ask you to pay any arrears, they'll be due with your minimum paymentpayment unless a Financial Relief Programme has been agreed with you in which case the minimum amount you must pay will be as communicated to you. We'll use any payment you make to pay off arrears before any other amounts you owe us. We won't treat any payment we make into your account or any refund given by a retailer for a purchase as payment made by you. If you pay more than you owe us under this agreement, we'll return the amount you've overpaid. 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 don't clearly designate the account to be paid, we may apply payments to any account. We'll apply any payment to your account on the day we receive it, as long as this is within our business hours. We'll apply any payment we receive after that time on the next business day. How we apply payments We pay off amounts you owe at the highest interest rates before amounts charged at lower interest rates and we'll apply payments to amounts that have appeared on your statements before amounts that have not yet appeared on your statements. Missing payments Missing payments can have serious consequences. It could mean: • if you miss a payment, you‘ll lose any promotional interest rates on your account which means any remaining promotional balances will be charged interest at your standard rate; • you may lose any financial relief interest rates or Financial Relief Programmes on your account; • you have to pay additional charges or costs; • your credit rating may be affected, making it more difficult or expensive to obtain credit; and • legal action (which could include getting a court order giving us the right to payment out of the sale proceeds for your home or other property) or bankruptcy proceedings may be taken against you to recover any debt owed under this agreement. Payments into your account by mistake If we make a payment into your account by mistake or as a result of a systems error, we'll automatically take the amount out of your account. If we're told that a payment from within the EEA was made into your account as a result of someone else's mistake (for example, if the payer gave the wrong account number or reference), but, when we contact you, you tell us the payment was intended for you, we're legally required to share all relevant information including your name and address and transaction information with the bank the payment came from if they ask us so that the payer may contact you. Supplementary cardmembers At your request, we may issue cards on your account to supplementary cardmembers. You must make sure that supplementary cardmembers keep to this agreement. You're responsible for all use of your account by supplementary cardmembers and anyone they allow to use your account. This means you must repay all transactions they make. If you want to end a supplementary cardmember's right to use your account you must tell us. Converting transactions made in a foreign currency If we receive a transaction or refund for processing in a foreign currency, we'll our currency conversion affiliate, AE Exposure Management Limited (“AEEML”) will convert it into Pounds Sterling on the date it's 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 applied on the date of your transaction or refund. Exchange rate fluctuations can be significant. If the transaction or refund is in U.S. Dollars, we'll AEEML will convert it directly into Pounds Sterling. In all other cases, we'll AEEML will convert it into U.S. Dollars first and then into Pounds Sterling but we'll only charge one non- non-sterling transaction fee. We don’t charge a non -sterling transaction fee for converting refunds. Refunds of transactions (including the non -sterling transaction fee applied at the time it was made) will be converted at the prevailing rate: this means that the refund applied to your account could be less or more than the original transaction amount shown on your statement. The exchange rate AEEML uses (we use call this the American Express Exchange Rate) will be: • the rate required by law or customarily used in the territory where the transaction or refund is made, or where this doesn't apply; • 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 day from Monday to Friday (including bank holidays) except for Christmas Day and New Year's Day. You can find our rates via the 'My account' section of the online account centre or by calling us. The total cost of converting your currency (we call this the Currency Conversion Charge) consists of the American Express Exchange Rate and the non -sterling transaction fee. Regulation requires us to provide you with information to enable you to compare the Currency Conversion Charge with reference rates issued by the European Central Bank. This information can be found on our website. When you make a transaction in a foreign currency, you may be given the option of allowing a third party (for example, the retailer) to convert your transaction into Pounds Sterling before submitting it to us. If you decide to do this, the exchange rate and any commission or charge will be set by the third party and may include a commission or chargeparty. As we'll receive a transaction converted by a third party in Pounds Sterling, we won't apply a non-non- sterling transaction fee. Statements and legal notices We'll send statements to you by your chosen method at least once a month (1) if there has been any account activity or (2) if there has been a Base Rate change and otherwise once every 12 months. This could be by post, by email to the email address you've most recently given to us, by posting them in the online account centre or by making them available to you in any other lawfully permitted manner. We may send you notices (including any information we're legally required to send you, such as information about changes to this agreement or other agreements we have h ave with you) on or together with your statements. In addition to payment information, each statement will show all transactions and amounts charged to your account in the statement period and the total account balance. Always check each statement and contact con tact us as soon as possible if you need more information about anything. If you receive statements online, 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. We wil l send to you by email and post some notices we're required by law to provide. These notices will be addressed to you and sent to the latest billing address on our records. If you receive statements by post, we'll send the statements (and any notices we're required by law to provide) provide by post, addressed to you, at the latest billing address on our records. Contacting you We may send you important messages and other communications (including alerts about certain activity on your account) about your account, card account or card benefits in line with your preferences. This could be by email or SMS, on your statements or by posting them in the online account centre, for example, we may send you an alert to confirm that you've updated your contact information. There are some messages we need to send you (such as statements of your account or security alerts), but you can opt out of receiving other alerts or communications (such as marketing) by contacting us using the online account centre or by calling us. If we need to contact you about any actual or suspected fraud or security threats, we'll do this using the fastest and most secure way of contacting you (for example, we may try to send you a text message rather than calling you). Changing your contact details We'll use your most recent contact details to contact you. You must notify us immediately if you change the mailing address or email address we send statements or notices to. We may update your contact details if we receive information that they have changed or are incorrect. If we've 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. Any legal notices will be posted to the online account centre or sent to your last known mailing address or email address. Suspending your account We may suspend your account or any feature on your account if: • you tell us to close your account or we tell you we are closing your account; • we consider it necessary for the security of the account; • you're in breach of the agreement; • we suspect unauthorised, improper and/or fraudulent use; • we reasonably think there's a significantly increased risk that you'll not be able to repay us; and • you've repaid more in interest and charges than the amount you've borrowed on your card for a sustained period. We'll normally notify you beforehand or immediately afterwards and may provide you with the reasons. If your account is suspended, you (and any supplementary cardmember) must not use the card and inform retailers not to seek to take any further payments from your account. We'll allow you to use the account, if the reasons we suspended your account in the first place no longer apply. You can tell us this is the case and request reinstatement via our website or by calling us. Ending your agreement This agreement is've

Appears in 1 contract

Sources: Credit Card Agreement

TPP. If we do, we'll tell you why in the way we think most appropriate (unless doing so would compromise our reasonable security measures or otherwise be unlawful). How you can authorise and cancel transactions To authorise a transaction you can: • can present a card or provide your account details and, if requiredreq uired, use your security details (such as a PIN, passcode, personal identifiers, biometric data or other details); or • give us an instruction to make a balance/money transfer (by giving us the account details you want to send a payment to) and answer the questions we ask using your security details to verify that the instruction is from you. We may deactivate contactless payments at any time. You can't cancel purchases you make with a card but you can cancel other transactions that you've asked us to make in the future or regular reg ular payments (such as annual membership fees) if you ask us before the end of the business day before they are due to be made. mad e. When we can refuse to make a transaction We may refuse to authorise a transaction if: • we have reasonable grounds to suspect unauthorised un authorised or improper improp er use or fraud; • we reasonably consider that acting on your instructions might lead to: o a breach of law, regulationreg ulation, code or other obligation; or o action from a government, law enforcement agency ag ency or regulatorreg ulator; • we're legally required leg ally req uired to; • use of the card would be prohibited; • you have insufficient funds; or • the transaction would exceed a transaction limit of some sort or take your account over your credit spending limit. You may not use your account for illegal illeg al activities or in a manner which disguises the true nature of the transaction, for example, by obtaining cash through a transaction which you know will be treated as a purchase of goods and services, or by using your card at a merchant you own or control. If we do refuse a transaction, you'll normally be told at the point of sale. In all cases, you can find out about abo ut transactions we've refused, including the reasons why or any limits we may have put on your card, by calling us. We'll let you know this information unless the law or any regulation reg ulation prevents us from doing so or for fraud prevention or security reasons. If we don't authorise a transaction or a retailer doesn't accept the card we're not responsible for any loss. Transactions you haven't authorised You're not responsible for any transactions: • made using the actual card before you receive it (for example, if your card is stolen in the post); • where we haven't told you how you can contact us to notify us that your card or security details have been lost, stolen or compromised; • if we fail to apply procedures that we're legally required leg ally req uired to use to check that a payment has been authorised by you or a supplementary cardmember; • not authorised by you or a supplementary cardmember or any person you or a supplementary cardmember allowed, in breach of the agreement, to use your account or card; • made by a person you or a supplementary cardmember allowed, in breach of the agreement, to use your account or card after you tell us you suspect your account is being misused. You're responsible if you or a supplementary cardmember: • use your account or card fraudulentlyfraud ulently; • have been grossly negligent (in these cases, you'll be responsible for all payments from your account until you've told us that your card or security details have been lost, stolen or compromised, or you suspect misuse); • allowed someone else to use your account or card, including if someone else is allowed to access a mobile phone or other device on which your card has been registered (for example, by giving them your passcode or by letting them register their fingerprint on it) but you won't be responsible for any transactions made by a person you or a supplementary cardmember allowed to use your account or card after you tell us you suspect your account is being misused. If there are errors in a transaction and this is our fault, we'll give you a refund. We may then resubmit the correct transaction. If upon contacting You must contact us as soon as you notice an unauthorised transaction has been made from your account. We'll refund the amount of the un authorised payment as soon as we reasonably can, an d, in any event, before the end of the working day after you tell us. Once we've completed our investigations, you wish to dispute a transaction, we'll initiate an inquiry and may suspend the transaction on your account if we reasonably consider there find you weren't entitled to be a valid dispute. Once investigations are completerefund, we'll adjust your account accordingly. Transactions for unexpected amounts If you make a purchase within the European Economic Area and, at the time that you authorised it, you didn't know exactly how much you were going to be charged (for example, at a hotel check-in) you can request req uest a refund from us if the amount charged is more than you reasonably expect and you ask for the refund within 8 weeks from the date of the statement on which the purchase appears. You'll need to provide us with all the information we reasonably ask for and we may provide this information (including personal person al information) to third parties investigating your claim. We'll conclude our investigation within 10 business days of us receiving all required req uired information and either make the refund or tell you why we've refused your claim. You're not entitled to a refund if you or a supplementary cardmember gave consent for a transaction directly to us and, at least four weeks before the transaction was mademad e, you were given information about abo ut the transaction (or it was made available to you) by us or the retailer. For example, at the time you placed an order, the exact amount was unknown but was later confirmed to you at least four weeks before your card was charged. Incorrect balance/money transfers We’ll refund the amount of a balance/money transfer and any interest, fees or charges we charge you as a result without undue delay if you instruct us to make a transfer and it is incorrectly made or it never arrives. If you give us the wrong details for a balance/money transfer or we can show that the bank we made the payment to did receive it, we won’t have to give you a refund but we'll help you to recover the money (we may charge a fee to cover our costs). Theft, loss or misuse of the card or account You or a supplementary cardmember must: • sign the card and keep it safe and secure (including using device passcodes, biometric data or other security details where applicable); • not let others use the account or card and regularly reg ularly check you still have the card; • not give the card or card number to anyone else other than us, or for the purpose of making a transaction and not share your security details with anyone else (other than us or a TPP if it's necessary to do so); • choose a PIN or passcode that is not easy to guess. If you or a supplementary cardmember, register a card for use on a mobile phone or other device, you or the supplementary cardmember, must: • keep it and your security details safe and secure at all times, in the same way you would your card or PIN; • always use the lock feature on the phone or other device, where applicable; • never share your security details or allow another person to have access to the device in a way which allows them to make transactions using the card registered on the device. You or a supplementary cardmember must tell us straight away if you suspect: • a card has been lost or stolen or not received; • a mobile phone or other device to which a card has been registered has been lost, stolen or compromised; • someone else knows a PIN or other security details; or • the account or a card is being misused or used without authorisation, or a transaction on the account has not been authorised or has been processed incorrectly. Our contact details are at the beginning of this agreement. If the use of a card is stopped for any reason, the use of all other cards issued on your account may also be stopped at the same time. If you register for online account services, you must keep your security details (such as your username, password or other details) and also your mobile phone or other device safe and secure. How much and when you must pay You must pay the minimum payment by the payment due date shown on your statement but you can always pay more than the minimum payment due. If we don't ask you to pay any arrears, they'll be due with your minimum payment. We'll use any payment you make to pay off arrears before any other amounts you owe us. We won't treat any payment we make into your account or any refund given by a retailer for a purchase as payment made by you. If you pay more than you owe us under this agreement, we'll return the amount you've overpaid. 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 abo ut or permit you to use. You must make a separate sep arate payment for each account you hold with us. If you send payments together and don't clearly designate the account to be paid, we may apply payments to any account. We'll apply any payment to your account on the day we receive it, as long as this is within our business hours. We'll apply any payment we receive after that time on the next business day. How we apply payments We pay off amounts you owe at the highest interest rates before amounts charged at lower interest rates and weWe'll normally apply payments to amounts your account in the following order: • any cardmembership fee and supplementary cardmembership fees; • service charges (for example, statement copy fees) and any cardmembership joining fee (if applicable); • late payment fees; • other fees charged by us that appear as a sep arate item on your monthly statement, for example, returned payment fees; • collection charges; • transactions that have appeared on your statements before amounts a monthly statement; and • transactions that have not yet appeared on your statementsmonthly statement. Missing payments Missing payments can have serious consequencesconseq uences. It could mean: • if you miss a payment, you‘ll lose any promotional interest rates on your account which means any remaining promotional balances will be charged interest at your standard rate; • you have to pay additional charges or costs; • your credit rating may be affected, making it more difficult or expensive to obtain credit; and • legal leg al action (which could include getting a court order giving us the right to payment out of the sale proceeds for your home or other property) or bankruptcy proceedings may be taken against ag ainst you to recover any debt owed under this agreement. Payments into your account by mistake If we make a payment into your account by mistake or as a result of a systems error, we'll automatically take the amount out of your account. If we're told that a payment from within the EEA European Economic Area (EEA) was made into your account as a result of someone else's mistake (for example, if the payer gave the wrong account number or reference), but, when we contact you, you tell us the payment was intended for you, we're legally required leg ally req uired to share all relevant information including your name and address and transaction information with the bank the payment came from if they ask us so that the payer may contact you. Supplementary cardmembers At your request, we may issue cards on your account to supplementary cardmembers. You must make sure that supplementary cardmembers keep to this agreement. You're responsible for all use of your account by supplementary cardmembers and anyone they allow to use your account. This means you must repay all transactions they make. If you want to end a supplementary cardmember's right to use your account you must tell us. Converting transactions made in a foreign currency If we receive a transaction or refund for processing in a foreign currency, we'll convert it into Pounds Sterling on the date it's 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 applied on the date of your transaction or refund. Exchange rate fluctuations can be significant. If the transaction or refund is in U.S. Dollars, we'll convert it directly into Pounds Sterling. In all other cases, we'll convert it into U.S. Dollars first and then into Pounds Sterling but we'll only charge one non- sterling transaction fee. The exchange rate we use will be: • the rate required by law or customarily used in the territory where the transaction or refund is made, or where this doesn't apply; • 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 day from Monday to Friday (including bank holidays) except for Christmas Day and New Year's Day. You can find our rates via the 'My account' section of the online account centre or by calling us. When you make a transaction in a foreign currency, you may be given the option of allowing a third party (for example, the retailer) to convert your transaction into Pounds Sterling before submitting it to us. If you decide to do this, the exchange rate and any commission or charge will be set by the third party and may include a commission or charge. As we'll receive a transaction converted by a third party in Pounds Sterling, we won't apply a non-sterling transaction fee. Statements and legal notices We'll send statements to you by your chosen method at least once a month (1) if there has been any account activity or (2) if there has been a Base Rate change and otherwise once every 12 months. This could be by post, by email to the email address you've most recently given to us, by posting them in the online account centre or by making them available to you in any other lawfully permitted manner. We may send you notices (including any information we're legally required to send you, such as information about changes to this agreement or other agreements we have with you) on or together with your statements. In addition to payment information, each statement will show all transactions and amounts charged to your account in the statement period and the total account balance. Always check each statement and contact us as soon as possible if you need more information about anything. If you receive statements online, 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 receive statements by post, we'll send statements (and any notices we're required by law to provide) by post, addressed to you, at the latest billing address on our records. Contacting you We may send you important messages and other communications (including alerts about certain activity on your account) about your account, card or card benefits in line with your preferences. This could be by email or SMS, on your statements or by posting them in the online account centre, for example, we may send you an alert to confirm that you've updated your contact information. There are some messages we need to send you (such as statements of your account or security alerts), but you can opt out of receiving other alerts or communications (such as marketing) by contacting us using the online account centre or by calling us. If we need to contact you about any actual or suspected fraud or security threats, we'll do this using the fastest and most secure way of contacting you (for example, we may try to send you a text message rather than calling you). Changing your contact details We'll use your most recent contact details to contact you. You must notify us immediately if you change the mailing address or email address we send statements or notices to. We may update your contact details if we receive information that they have changed or are incorrect. If we've 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. Any legal notices will be posted to the online account centre or sent to your last known mailing address or email address. Suspending your account We may suspend your account or any feature on your account if: • you tell us to close your account or we tell you we are closing your account; • we consider it necessary for the security of the account; • you're in breach of the agreement; • we suspect unauthorised, improper and/or fraudulent use; • we reasonably think there's a significantly increased risk that you'll not be able to repay us; and • you've repaid more in interest and charges than the amount you've borrowed on your card for a sustained period. We'll normally notify you beforehand or immediately afterwards and may provide you with the reasons. If your account is suspended, you (and any supplementary cardmember) must not use the card and inform retailers not to seek to take any further payments from your account. We'll allow you to use the account, if the reasons we suspended your account in the first place no longer apply. You can tell us this is the case and request reinstatement via our website or by calling us. Ending your agreement This agreement is.

Appears in 1 contract

Sources: Charge Card Agreement

TPP. If we do, we'll tell you why in the way we think most appropriate (unless doing so would compromise our reasonable security measures or otherwise be unlawful). How you can authorise and cancel transactions To authorise a transaction you can: • can present a card or provide your account details and, if required, use your security details (such as a PIN, passcode, personal identifiers, biometric data or other details); or • give us an instruction to make a balance/money transfer (by giving us the account details you want to send a payment to) and answer the questions we ask using your security details to verify that the instruction is from you. We may deactivate contactless payments at any time. You can't cancel purchases you make with a card but you can cancel other transactions that you've asked us to make in the future or regular reg ular payments (such as annual membership fees) if you ask us before the end of the business day before they are due to be made. mad e. When we can refuse to make a transaction We may refuse to authorise a transaction if: • we have reasonable grounds to suspect unauthorised un authorised or improper improp er use or fraud; • we reasonably consider that acting on your instructions might lead to: o a breach of law, regulationreg ulation, code or other obligation; or o action from a government, law enforcement agency ag ency or regulatorreg ulator; • we're legally required leg ally req uired to; • use of the card would be prohibited; • you have insufficient funds; or • the transaction would exceed a transaction limit of some sort or take your account over your credit spending limit. You may not use your account for illegal illeg al activities or in a manner which disguises the true nature of the transaction, for example, by obtaining cash through a transaction which you know will be treated as a purchase of goods and services, or by using your card at a merchant you own or control. If we do refuse a transaction, you'll normally be told at the point of sale. In all cases, you can find out about abo ut transactions we've refused, including the reasons why or any limits we may have put on your card, by calling us. We'll let you know this information unless the law or any regulation reg ulation prevents us from doing so or for fraud prevention or security reasons. If we don't authorise a transaction or a retailer doesn't accept the card we're not responsible for any loss. Transactions you haven't authorised You're not responsible for any transactions: • made using the actual card before you receive it (for example, if your card is stolen in the post); • where we haven't told you how you can contact us to notify us that your card or security details have been lost, stolen or compromised; • if we fail to apply procedures that we're legally required leg ally req uired to use to check that a payment has been authorised by you or a supplementary cardmember; • not authorised by you or a supplementary cardmember or any person you or a supplementary cardmember allowed, in breach of the agreement, to use your account or card; • made by a person you or a supplementary cardmember allowed, in breach of the agreement, to use your account or card after you tell us you suspect your account is being misused. You're responsible if you or a supplementary cardmember: • use your account or card fraudulentlyfraud ulently; • have been grossly negligent (in these cases, you'll be responsible for all payments from your account until you've told us that your card or security details have been lost, stolen or compromised, or you suspect misuse); • allowed someone else to use your account or card, including if someone else is allowed to access a mobile phone or other device on which your card has been registered (for example, by giving them your passcode or by letting them register their fingerprint on it) but you won't be responsible for any transactions made by a person you or a supplementary cardmember allowed to use your account or card after you tell us you suspect your account is being misused. If there are errors in a transaction and this is our fault, we'll give you a refund. We may then resubmit the correct transaction. If upon contacting You must contact us as soon as you notice an un authorised transaction has been made from your account. We'll refund the amount of the un authorised payment as soon as we reasonably can, an d, in any event, before the end of the working day after you tell us. Once we've completed our investigations, you wish to dispute a transaction, we'll initiate an inquiry and may suspend the transaction on your account if we reasonably consider there find you weren't entitled to be a valid dispute. Once investigations are completerefund, we'll adjust your account accordingly. Transactions for unexpected amounts If you make a purchase within the European Economic Area and, at the time that you authorised it, you didn't know exactly how much you were going to be charged (for example, at a hotel check-in) you can request req uest a refund from us if the amount charged is more than you reasonably expect and you ask for the refund within 8 weeks from the date of the statement on which the purchase appears. You'll need to provide us with all the information we reasonably ask for and we may provide this information (including personal person al information) to third parties investigating your claim. We'll conclude our investigation within 10 business days of us receiving all required req uired information and either make the refund or tell you why we've refused your claim. You're not entitled to a refund if you or a supplementary cardmember gave consent for a transaction directly to us and, at least four weeks before the transaction was mademad e, you were given information about abo ut the transaction (or it was made available to you) by us or the retailer. For example, at the time you placed an order, the exact amount was unknown but was later confirmed to you at least four weeks before your card was charged. Incorrect balance/money transfers We’ll refund the amount of a balance/money transfer and any interest, fees or charges we charge you as a result without undue delay if you instruct us to make a transfer and it is incorrectly made or it never arrives. If you give us the wrong details for a balance/money transfer or we can show that the bank we made the payment to did receive it, we won’t have to give you a refund but we'll help you to recover the money (we may charge a fee to cover our costs). Theft, loss or misuse of the card or account You or a supplementary cardmember must: • sign the card and keep it safe and secure (including using device passcodes, biometric data or other security details where applicable); • not let others use the account or card and regularly reg ularly check you still have the card; • not give the card or card number to anyone else other than us, or for the purpose of making a transaction and not share your security details with anyone else (other than us or a TPP if it's necessary to do so); • choose a PIN or passcode that is not easy to guess. If you or a supplementary cardmember, register a card for use on a mobile phone or other device, you or the supplementary cardmember, must: • keep it and your security details safe and secure at all times, in the same way you would your card or PIN; • always use the lock feature on the phone or other device, where applicable; • never share your security details or allow another person to have access to the device in a way which allows them to make transactions using the card registered on the device. You or a supplementary cardmember must tell us straight away if you suspect: • a card has been lost or stolen or not received; • a mobile phone or other device to which a card has been registered has been lost, stolen or compromised; • someone else knows a PIN or other security details; or • the account or a card is being misused or used without authorisation, or a transaction on the account has not been authorised or has been processed incorrectly. Our contact details are at the beginning of this agreement. If the use of a card is stopped for any reason, the use of all other cards issued on your account may also be stopped at the same time. If you register for online account services, you must keep your security details (such as your username, password or other details) and also your mobile phone or other device safe and secure. How much and when you must pay You must pay the minimum payment by the payment due date shown on your statement but you can always pay more than the minimum payment due. If we don't ask you to pay any arrears, they'll be due with your minimum payment. We'll use any payment you make to pay off arrears before any other amounts you owe us. We won't treat any payment we make into your account or any refund given by a retailer for a purchase as payment made by you. If you pay more than you owe us under this agreement, we'll return the amount you've overpaid. 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 abo ut or permit you to use. You must make a separate sep arate payment for each account you hold with us. If you send payments together and don't clearly designate the account to be paid, we may apply payments to any account. We'll apply any payment to your account on the day we receive it, as long as this is within our business hours. We'll apply any payment we receive after that time on the next business day. How we apply payments We pay off amounts you owe at the highest interest rates before amounts charged at lower interest rates and weWe'll normally apply payments to amounts your account in the following order: • any cardmembership fee and supplementary cardmembership fees; • service charges (for example, statement copy fees) and any cardmembership joining fee (if applicable); • late payment fees; • other fees charged by us that appear as a sep arate item on your monthly statement, for example, returned payment fees; • collection charges; • transactions that have appeared on your statements before amounts a monthly statement; and • transactions that have not yet appeared on your statementsmonthly statement. Missing payments Missing payments can have serious consequencesconseq uences. It could mean: • if you miss a payment, you‘ll lose any promotional interest rates on your account which means any remaining promotional balances will be charged interest at your standard rate; • you have to pay additional charges or costs; • your credit rating may be affected, making it more difficult or expensive to obtain credit; and • legal leg al action (which could include getting a court order giving us the right to payment out of the sale proceeds for your home or other property) or bankruptcy proceedings may be taken against ag ainst you to recover any debt owed under this agreement. Payments into your account by mistake If we make a payment into your account by mistake or as a result of a systems error, we'll automatically take the amount out of your account. If we're told that a payment from within the EEA European Economic Area (EEA) was made into your account as a result of someone else's mistake (for example, if the payer gave the wrong account number or reference), but, when we contact you, you tell us the payment was intended for you, we're legally required leg ally req uired to share all relevant information including your name and address and transaction information with the bank the payment came from if they ask us so that the payer may contact you. Supplementary cardmembers At your request, we may issue cards on your account to supplementary cardmembers. You must make sure that supplementary cardmembers keep to this agreement. You're responsible for all use of your account by supplementary cardmembers and anyone they allow to use your account. This means you must repay all transactions they make. If you want to end a supplementary cardmember's right to use your account you must tell us. Converting transactions made in a foreign currency If we receive a transaction or refund for processing in a foreign currency, we'll convert it into Pounds Sterling on the date it's 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 applied on the date of your transaction or refund. Exchange rate fluctuations can be significant. If the transaction or refund is in U.S. Dollars, we'll convert it directly into Pounds Sterling. In all other cases, we'll convert it into U.S. Dollars first and then into Pounds Sterling but we'll only charge one non- sterling transaction fee. The exchange rate we use will be: • the rate required by law or customarily used in the territory where the transaction or refund is made, or where this doesn't apply; • 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 day from Monday to Friday (including bank holidays) except for Christmas Day and New Year's Day. You can find our rates via the 'My account' section of the online account centre or by calling us. When you make a transaction in a foreign currency, you may be given the option of allowing a third party (for example, the retailer) to convert your transaction into Pounds Sterling before submitting it to us. If you decide to do this, the exchange rate and any commission or charge will be set by the third party and may include a commission or charge. As we'll receive a transaction converted by a third party in Pounds Sterling, we won't apply a non-sterling transaction fee. Statements and legal notices We'll send statements to you by your chosen method at least once a month (1) if there has been any account activity or (2) if there has been a Base Rate change and otherwise once every 12 months. This could be by post, by email to the email address you've most recently given to us, by posting them in the online account centre or by making them available to you in any other lawfully permitted manner. We may send you notices (including any information we're legally required to send you, such as information about changes to this agreement or other agreements we have with you) on or together with your statements. In addition to payment information, each statement will show all transactions and amounts charged to your account in the statement period and the total account balance. Always check each statement and contact us as soon as possible if you need more information about anything. If you receive statements online, 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 receive statements by post, we'll send statements (and any notices we're required by law to provide) by post, addressed to you, at the latest billing address on our records. Contacting you We may send you important messages and other communications (including alerts about certain activity on your account) about your account, card or card benefits in line with your preferences. This could be by email or SMS, on your statements or by posting them in the online account centre, for example, we may send you an alert to confirm that you've updated your contact information. There are some messages we need to send you (such as statements of your account or security alerts), but you can opt out of receiving other alerts or communications (such as marketing) by contacting us using the online account centre or by calling us. If we need to contact you about any actual or suspected fraud or security threats, we'll do this using the fastest and most secure way of contacting you (for example, we may try to send you a text message rather than calling you). Changing your contact details We'll use your most recent contact details to contact you. You must notify us immediately if you change the mailing address or email address we send statements or notices to. We may update your contact details if we receive information that they have changed or are incorrect. If we've 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. Any legal notices will be posted to the online account centre or sent to your last known mailing address or email address. Suspending your account We may suspend your account or any feature on your account if: • you tell us to close your account or we tell you we are closing your account; • we consider it necessary for the security of the account; • you're in breach of the agreement; • we suspect unauthorised, improper and/or fraudulent use; • we reasonably think there's a significantly increased risk that you'll not be able to repay us; and • you've repaid more in interest and charges than the amount you've borrowed on your card for a sustained period. We'll normally notify you beforehand or immediately afterwards and may provide you with the reasons. If your account is suspended, you (and any supplementary cardmember) must not use the card and inform retailers not to seek to take any further payments from your account. We'll allow you to use the account, if the reasons we suspended your account in the first place no longer apply. You can tell us this is the case and request reinstatement via our website or by calling us. Ending your agreement This agreement is.

Appears in 1 contract

Sources: Charge Card Agreement

TPP. If we do, we'll ’ll tell you why in the way we think most appropriate (unless doing so would compromise our reasonable appropriate. We won’t tell you if the law stops us from telling you or if it wouldn’t be safe for security measures or otherwise be unlawful)reasons. How you can authorise and cancel transactions To authorise approve a transaction you can: • present a card can use your Card or provide your account Account details and, if required, use your security details (such as a PIN, passcode, personal identifiers, biometric data or other details); . You may allow a third party nominee (including a bank or another company) to service certain elements of your Account. You can find more details about what this third party can do in the application form. Before you do this, you must give us an instruction details of this third party and we must agree to make them being a balance/money transfer (by giving third party nominee on your Account. You agree that we can accept instructions from the third party, including instructions on payments in and out of your Account. You will be responsible for any such instructions or payments we receive from the third party and continue to be responsible for your obligations under this agreement. If the third party does not act on your instructions and this makes you breach this agreement, that is your responsibility. You must let us know if you don’t want us to accept instructions from the account details you want third party. You agree that any notice or communication under this agreement sent to send a payment to) and answer the questions third party nominee will be as if we ask using your security details sent it to verify that the instruction is from you. We may deactivate still send you any notices or information and communicate directly with you under this agreement. We may for any reason refuse to communicate with the third party and we’ll communicate with you directly instead. You agree that we can pay any and all annual or other government charges/duties payable by you because you have an Account or a Card. We‘ll pay these charges/duties when they need to be paid from your Account. You are responsible for paying us the amount of any such charges/duties as if they were a transaction on your account. We may remove your ability to make contactless payments at any time. You can't n’t cancel purchases you make with a card Card but you can cancel other transactions that you've ’ve asked us to make in the future or regular payments (such as annual membership monthly subscription fees) if you ask us before the end of the business day before they are due to be made. When we This means on Monday-Friday from 9am-5pm and excludes any weekends and public holidays. For example, if you have a monthly subscription fee that is due to be charged to your Account on a Tuesday, you can refuse ask us to make a transaction cancel this payment up to the end of the business day on Monday. We may refuse to authorise not allow a transaction if: • we have reasonable grounds to reasonably suspect that the use of your Account is unauthorised or improper use or fraudfraudulent; • we reasonably consider that acting on your instructions might lead to: o a breach of law, regulation, code or other obligation; or o action from a government, law enforcement agency or regulator; • we're ’re legally required tonot to allow the transaction; • use of the card Card would be prohibited; • you have insufficient fundsyour Card has been temporarily suspended; or • the transaction would exceed a transaction limit of some sort or take your account Account over your credit spending limit. You may not use your account Account for illegal activities or in a manner way which disguises the true nature of the transaction, for example, : • by obtaining cash through a transaction which you know will be treated as a purchase of goods and services, services – this is often known as ‘asking for cashback’; • using your Account to send funds to yourself through a payment processor; or by using your card Card at a merchant retailer you own or control. If we do refuse don’t allow a transaction, you'll ’ll normally be told at the point of saletime you make the transaction. In all cases, you You can always find out about transactions we've ’ve refused, including the reasons why or and any limits we may have put on your cardCard, by calling us. We'll let We won’t be able to give you know this information unless if the law or any regulation prevents stops us from doing so telling you, not telling you will help prevent fraud or for fraud prevention or where there are other security reasonsreasons which mean we can’t tell you. If we don't authorise n’t allow a transaction or a retailer doesn't n’t accept the card Card we're ’re not responsible for any loss. Transactions you haven't authorised You're ’re not responsible for any transactions: • made using the actual card physical Card (or any other physical payment device we may provide) before you receive it (for example, if your card Card is stolen in the post); • where we haven't n’t told you how you can contact us to notify tell us that your card Card or security details have been lost, stolen or compromised; • if we fail to apply procedures that we're ’re legally required to use to check that a payment has been authorised approved by you or a supplementary cardmemberCardmember; • which are not authorised approved by you or a supplementary cardmember Cardmember or any other person you or a supplementary cardmember allowed, in breach of the agreement, Cardmember allowed to use your account Account or card; • made by a Card (even though you should be aware that you are not actually permitted to allow any other person you or a supplementary cardmember allowed, in breach of the agreement, to use your account Account or card after you tell us you suspect your account is being misusedCard). You're ’re responsible if you or a supplementary cardmemberCardmember: • use your account Account or card Card fraudulently; • have failed to keep your Card or security details safe – either intentionally or by being very careless; where this happens, you’ll be responsible for all payments from your Account until you’ve told us that your Card or security details have been lost, stolen or compromised, or you suspect misuse; • have failed to tell us straight away that your Card or security details have been lost or stolen – either intentionally or by being very careless; • allowed someone else to use your account Account or cardCard, including if someone else is allowed to access a mobile phone or other device on which your card Card has been registered (for example, by giving them your passcode or by letting them register their fingerprint on it) but ). Where this happens, you won't n’t be responsible for any transactions made by a person you or a supplementary cardmember Cardmember allowed to use your account Account or card Card after you tell us you suspect your account Account is being misused. You must contact us as soon as you notice an unauthorised transaction on your Card or Account. We’ll refund the amount of the unauthorised payment as soon as possible, and always before the end of the working day after you tell us (unless we suspect you have acted fraudulently). Once we’ve completed our investigations, if we find you weren’t entitled to a refund, we’ll take back any amount we refunded to your Account. If there are errors in a transaction and this is our fault, we'll ’ll give you a refund. We may then resubmit the correct transaction. If upon contacting us, you wish to dispute a transaction, we'll 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'll adjust your account accordingly. Transactions for unexpected amounts If you make a purchase within the UK or the European Economic Area andand you have been charged more than you were expecting, at we may refund the time that you authorised it, amount of the purchase. We’ll only refund the purchase if: • you didn't n’t know exactly how much you were going to be charged when you approved the payment (for example, when using your Card to check-in at a hotel check-in) you can request a refund from us if the amount charged is more than you reasonably expect and hotel); • you ask for the refund within 8 weeks from the date of the statement on which the purchase appears. You'll need to provide ; • you give us with all the information we reasonably ask for and we for. We may provide this any information you share with us (including personal information) to third parties investigating your claim. We'll conclude ’ll let you know the outcome of our investigation within 10 business days of us receiving all required the information and either we ask for from you. We’ll make the refund or tell you why we've ’ve refused your claim. You're ’re not entitled to a refund if if: • you or a supplementary cardmember Cardmember gave consent for a transaction directly to us and, us; • at least four weeks before the transaction was made, you were given information about the transaction (or it was made available to you) by us or the retailer. For retailer (for example, at the time you placed an order, the exact amount of the purchase was unknown but it was later confirmed to you at least four weeks before your card Card was charged. Incorrect balance/money transfers We’ll refund the amount of a balance/money transfer and any interest, fees or charges we charge you as a result without undue delay if you instruct us to make a transfer and it is incorrectly made or it never arrives. If you give us the wrong details for a balance/money transfer or we can show that the bank we made the payment to did receive it, we won’t have to give you a refund but we'll help you to recover the money (we may charge a fee to cover our costs). Theft, loss or misuse of the card or account You or a supplementary cardmember Cardmember must: • sign the card Card and keep it safe and secure (including using device passcodes, biometric data or other security details where applicable); • not let others use the account Account or card and Card; • regularly check you still have the cardCard; • not give the card or card your Card number to anyone else else, other than usus or a TPP if it’s necessary to share the number so you can use the TPP’s services, or if using it for the purpose of making a transaction transaction. We’ll never call you and ask for your full Card number; • not give your physical Card to anyone else except when you need to present your Card to pay for goods or services. We’ll never ask for your physical Card; • not share your security details details, which are used to verify your identity, with anyone else (other than us or a TPP if it's ’s necessary to do soshare your details so you can use the TPP’s services); • not share your full Card PIN number or the password for your American Express online services with anyone. We’ll never ask you for this information; and • choose a PIN or passcode that is not easy to guess. If you or a supplementary cardmember, Cardmember register a card Card for use on a mobile phone or other device, you or the supplementary cardmemberCardmember, must: • keep it and your security details safe and secure at all times, in the same way you would your card or PIN; • always use the lock feature on the phone or other phone/device, where applicable; • never share your security details or allow another person to have access to the device in a way which allows them to make transactions using the card Card registered on the device. You or a supplementary cardmember Cardmember must tell us straight away if you suspect: • a card Card has been lost or stolen or has not been received; • a mobile phone or other device to which a card Card has been registered has been lost, stolen or compromised; • someone else knows a PIN or other security details; or • the account Account or a card Card is being misused or used without authorisationyour permission, or a transaction on the account has Account was not been authorised approved or has been processed incorrectly. Our contact details are at the beginning of this agreement. If the use of we need to stop you or a card is stopped supplementary Cardmember using a Card for any reason, the use of all other cards Cards issued on your account Account may also be stopped at the same time. If you register for online account services, you must keep your security details (such as your username, password or other details) and also your mobile phone or other device safe and secure. How much and when you must pay You must pay the minimum payment by the payment due date shown on your statement but you can always pay more than the minimum payment due. If we don't ask you to pay any arrears, they'll be due with your minimum payment. We'll use any payment you make to pay off arrears before any other amounts you owe us. We won't treat any payment we make into your account or any refund given by a retailer for a purchase as payment made by you. If you pay more than you owe us under this agreement, we'll return the amount you've overpaid. How to pay You must make payments to us in Pounds Sterling by any method set out on your statement or any other method we otherwise tell you about or permit allow you to use. If you are unable to pay your Account this way due to personal circumstances, please contact us, using the contact details provided above, to discuss this. You must make payments to us in the currency of your Card Account. For example, • if you hold a US Dollar Card you must pay us in US Dollars, • if you hold a Euro Card you must pay us in Euros, • if you hold a Sterling Card, you must pay us in Pounds Sterling. If you make payments in a different currency, we may refuse to accept the payment. If we accept the payment, we’ll change it into the correct currency. We’ll use the standard exchange rate we set on the date we receive the payment unless the law tells us to use a particular rate. In this case, there may be a delay before the payment is added to your Account. We may also impose additional charges for converting payments into a different currency (including any currency conversion costs we incur). You must make a separate payment for each account Account you hold with us. If you send payments together and don't n’t clearly designate tell us which Account the account to be paidpayment is for, we may apply the payments to any accountof your Accounts. We'll ’ll apply any the payment to your account Account on the day we receive it, as long as this is within our business hours. We'll After that time, we’ll apply any payment we receive after that time it on the next business day. How This means on Monday-Friday from 9am-5pm and excludes any weekends and public holidays. All transactions are subject to additional checks, and we apply may contact you for further information. We’ll normally use payments We made to your Account to pay off amounts any fees and charges you owe at to us first. We’ll do this in the highest interest rates before amounts following order: • any Cardmembership fee and supplementary fees; • service charges (for example, statement copy fees); • late payment fees; • other fees charged at lower interest rates and we'll apply payments to amounts by us that appear as a separate item on your monthly statement, (for example, returned payment fees); • collection charges; • transactions that have appeared on your statements before amounts monthly statement; and • transactions that have not yet appeared on your statementsmonthly statement. Missing payments More details on these fees and charges are included above – see “Fees and charges” section. Missing payments can have serious consequences. It could mean: • if you miss a payment, you‘ll lose any promotional interest rates on your account which means any remaining promotional balances will be charged interest at your standard rate; • you have to pay additional charges or costs; • in the UK your credit rating may be affected, making it more difficult or expensive to obtain credit; and • we take legal action (which could include getting a court order giving us the right to payment out of the sale proceeds for your home or other property) or bankruptcy proceedings may be taken against you to recover any debt owed under this agreement. Payments into your account by mistake If you are struggling to make a payment or think you may have difficulty making a payment in the future, please contact us and let us know as soon as possible. If we make a payment into your account Account by mistake or as a result of a systems error, we'll ’ll automatically take the amount out of your accountAccount. If we're Sometimes we may be told that a payment from within the EEA European Economic Area (EEA) was made into your account Account as a result of someone else's ’s mistake (for example, if the payer person making the payment gave the wrong account Account number or reference), but, when . When we contact you, you may disagree it was a mistake and tell us the payment was intended for you, we're legally required . If that happens we have to share all relevant information (including your name and address and transaction information information) with the other bank involved in the payment came from if they ask us so that the payer may contact you. Supplementary cardmembers At your request, we may issue cards on your account to supplementary cardmembers. You must make sure that supplementary cardmembers keep to this agreement. You're responsible for all use of your account by supplementary cardmembers and anyone they allow to use your account. This means you must repay all transactions they make. If you want to end a supplementary cardmember's right to use your account you must tell us. Converting transactions made in a foreign currency If we receive a transaction or refund for processing in a foreign currency, we'll convert it into Pounds Sterling on the date it's 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 applied on the date of your transaction or refund. Exchange rate fluctuations can be significant. If the transaction or refund is in U.S. Dollars, we'll convert it directly into Pounds Sterling. In all other cases, we'll convert it into U.S. Dollars first and then into Pounds Sterling but we'll only charge one non- sterling transaction feeto. The exchange rate we use will be: • the rate required by law or customarily used in the territory where the transaction or refund is made, or where this doesn't apply; • 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 day from Monday to Friday (including other bank holidays) except for Christmas Day and New Year's Day. You can find our rates via the 'My account' section of the online account centre or by calling us. When you make a transaction in a foreign currency, you may be given the option of allowing a third party (for example, the retailer) to convert your transaction into Pounds Sterling before submitting it to us. If you decide to do this, the exchange rate and any commission or charge will be set by the third party and may include a commission or charge. As we'll receive a transaction converted by a third party in Pounds Sterling, we won't apply a non-sterling transaction fee. Statements and legal notices We'll send statements to you by your chosen method at least once a month (1) if there has been any account activity or (2) if there has been a Base Rate change and otherwise once every 12 months. This could be by post, by email to the email address you've most recently given to us, by posting them in the online account centre or by making them available to you in any other lawfully permitted manner. We may send you notices (including any information we're legally required to send you, such as information about changes to this agreement or other agreements we have with you) on or together with your statements. In addition to payment information, each statement will show all transactions and amounts charged to your account in the statement period and the total account balance. Always check each statement and contact us as soon as possible if you need more information about anything. If you receive statements online, you should make sure you regularly check pass this information and any mail we post to you electronically in their customer to help them claim the same way you would written mail. If you receive statements by post, we'll send statements (and any notices we're required by law to provide) by post, addressed to money back from you, at the latest billing address on our records. Contacting you We may send you important messages and other communications (including alerts about certain activity on your account) about your account, card or card benefits in line with your preferences. This could be by email or SMS, on your statements or by posting them in the online account centre, for example, we may send you an alert to confirm that you've updated your contact information. There are some messages we need to send you (such as statements of your account or security alerts), but you can opt out of receiving other alerts or communications (such as marketing) by contacting us using the online account centre or by calling us. If we need to contact you about any actual or suspected fraud or security threats, we'll do this using the fastest and most secure way of contacting you (for example, we may try to send you a text message rather than calling you). Changing your contact details We'll use your most recent contact details to contact you. You must notify us immediately if you change the mailing address or email address we send statements or notices to. We may update your contact details if we receive information that they have changed or are incorrect. If we've 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. Any legal notices will be posted to the online account centre or sent to your last known mailing address or email address. Suspending your account We may suspend your account or any feature on your account if: • you tell us to close your account or we tell you we are closing your account; • we consider it necessary for the security of the account; • you're in breach of the agreement; • we suspect unauthorised, improper and/or fraudulent use; • we reasonably think there's a significantly increased risk that you'll not be able to repay us; and • you've repaid more in interest and charges than the amount you've borrowed on your card for a sustained period. We'll normally notify you beforehand or immediately afterwards and may provide you with the reasons. If your account is suspended, you (and any supplementary cardmember) must not use the card and inform retailers not to seek to take any further payments from your account. We'll allow you to use the account, if the reasons we suspended your account in the first place no longer apply. You can tell us this is the case and request reinstatement via our website or by calling us. Ending your agreement This agreement is.

Appears in 1 contract

Sources: Charge Card Agreement

TPP. If we do, we'll tell you why in the way we think most appropriate (unless doing so would compromise our reasonable security measures or otherwise be unlawful). How you can authorise and cancel transactions To authorise a transaction you can: • present a card or provide your account details and, if requiredreq uired, use your security details (such as a PIN, passcode, personal identifiers, biometric data or other details); or • give us an instruction to make a balance/money transfer (by giving us the account details you want to send a payment to) and answer the questions we ask using your security details to verify that the instruction is from you. We may deactivate contactless payments at any time. You can't cancel purchases you make with a card but you can cancel other transactions that you've asked us to make in the future or regular reg ular payments (such as annual membership fees) if you ask us before the end of the business day before they are due to be made. When we can refuse to make a transaction We may refuse to authorise a transaction if: • we have reasonable grounds to suspect unauthorised un authorised or improper improp er use or fraud; • we reasonably consider that acting on your instructions might lead to: o a breach of law, regulationreg ulation, code or other obligation; or o action from a government, law enforcement agency ag ency or regulatorreg ulator; • we're legally required leg ally req uired to; • use of the card would be prohibited; • you have insufficient funds; or • the transaction would exceed a transaction limit of some sort or take your account over your credit limit. You may not use your account for illegal activities or in a manner which disguises the true nature of the transaction, for example, by obtaining cash through a transaction which you know will be treated as a purchase of goods and services, or by using your card at a merchant you own or control. If we do refuse a transaction, you'll normally be told at the point of sale. In all cases, you can find out about abo ut transactions we've refused, including the reasons why or any limits we may have put on your card, by calling us. We'll let you know this information unless the law or any regulation reg ulation prevents us from doing so or for fraud prevention or security reasons. If we don't authorise a transaction or a retailer doesn't accept the card we're not responsible for any loss. Transactions you haven't authorised You're not responsible for any transactions: • made using the actual card before you receive it (for example, if your card is stolen in the post); • where we haven't told you how you can contact us to notify us that your card or security details have been lost, stolen or compromised; • if we fail to apply procedures that we're legally required leg ally req uired to use to check that a payment has been authorised by you or a supplementary cardmember; • not authorised by you or a supplementary cardmember or any person you or a supplementary cardmember allowed, in breach of the agreement, to use your account or card; • made by a person you or a supplementary cardmember allowed, in breach of the agreement, to use your account or card after you tell us you suspect your account is being misused. You're responsible if you or a supplementary cardmember: • use your account or card fraudulentlyfraud ulently; • allowed someone else to use your account or card, including if someone someo ne else is allowed to access a mobile phone or other device on which your card has been registered (for example, by giving them your passcode or by letting them register their fingerprint on it) but you won't be responsible for any transactions made by a person you or a supplementary cardmember allowed to use your account or card after you tell us you suspect your account is being misused. If there are errors in a transaction and this is our fault, we'll give you a refund. We may then resubmit the correct transaction. If upon contacting us, you wish to dispute a transaction, we'll 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'll adjust your account accordingly. Transactions for unexpected amounts If you make a purchase within the European Economic Area and, at the time that you authorised it, you didn't know exactly how much you were going to be charged (for example, at a hotel check-in) you can request req uest a refund from us if the amount charged is more than you reasonably expect and you ask for the refund within 8 weeks from the date of the statement on which the purchase appears. You'll need to provide us with all the information we reasonably ask for and we may provide this information (including personal information) to third parties investigating your claim. We'll conclude our investigation within 10 business days of us receiving all required req uired information and either make the refund or tell you why we've refused your claim. You're not entitled to a refund if you or a supplementary cardmember gave consent for a transaction directly to us and, at least four weeks before the transaction was mademad e, you were given information about abo ut the transaction (or it was made available to you) by us or the retailer. For example, at the time you placed an order, the exact amount was unknown but was later confirmed to you at least four weeks before your card was charged. Incorrect balance/money transfers We’ll refund the amount of a balance/money transfer and any interest, fees or charges we charge you as a result without undue delay if you instruct us to make a transfer and it is incorrectly made or it never arrives. If you give us the wrong details for a balance/money transfer or we can show that the bank we made the payment to did receive it, we won’t have to give you a refund but we'll help you to recover the money (we may charge a fee to cover our costs). Theft, loss or misuse of the card or account You or a supplementary cardmember must: • sign the card and keep it safe and secure (including using device passcodes, biometric data or other security details where applicable); • not let others use the account or card and regularly reg ularly check you still have the card; • not give the card or card number to anyone else other than us, or for the purpose of making a transaction and not share your security details with anyone else (other than us or a TPP if it's necessary to do so); • choose a PIN or passcode that is not easy to guess. If you or a supplementary cardmember, register a card for use on a mobile phone or other device, you or the supplementary cardmember, must: • keep it and your security details safe and secure at all times, in the same way you would your card or PIN; • always use the lock feature on the phone or other device, where applicable; • never share your security details or allow another person to have access to the device in a way which allows them to make transactions using the card registered on the device. You or a supplementary cardmember must tell us straight away if you suspect: • a card has been lost or stolen or not received; • a mobile phone or other device to which a card has been registered has been lost, stolen or compromised; • someone else knows a PIN or other security details; or • the account or a card is being misused or used without authorisation, or a transaction on the account has not been authorised or has been processed incorrectly. Our contact details are at the beginning of this agreement. If the use of a card is stopped for any reason, the use of all other cards issued on your account may also be stopped at the same time. If you register for online account services, you must keep your security details (such as your username, password or other details) and also your mobile phone or other device safe and secure. How much and when you must pay You must pay the minimum payment by the payment due date shown on your statement but you can always pay more than the minimum payment due. If we don't ask you to pay any arrears, they'll be due with your minimum payment. We'll use any payment you make to pay off arrears before any other amounts you owe us. We won't treat any payment we make into your account or any refund given by a retailer for a purchase as payment made by you. If you pay more than you owe us under this agreement, we'll return the amount you've overpaid. 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 abo ut or permit you to use. You must make a separate sep arate payment for each account you hold with us. If you send payments together and don't clearly designate the account to be paid, we may apply payments to any account. We'll apply any payment to your account on the day we receive it, as long as this is within our business hours. We'll apply any payment we receive after that time on the next business day. How we apply payments We pay off amounts you owe at the highest interest rates before amounts charged at lower interest rates and we'll apply payments to amounts that have appeared on your statements before amounts that have not yet appeared on your statements. Missing payments Missing payments can have serious consequencesconseq uences. It could mean: • if you miss a payment, you‘ll lose any promotional interest rates on your account which means any remaining promotional promotion al balances will be charged interest at your standard rate; • you have to pay additional charges or costs; • your credit rating may be affected, making it more difficult or expensive to obtain credit; and • legal leg al action (which could include getting a court order giving us the right to payment out of the sale proceeds for your home or other property) or bankruptcy proceedings may be taken against ag ainst you to recover any debt owed under this agreement. Payments into your account by mistake If we make a payment into your account by mistake or as a result of a systems error, we'll automatically take the amount out of your account. If we're told that a payment from within the EEA was made into your account as a result of someone else's mistake (for example, if the payer gave the wrong account number or reference), but, when we contact you, you tell us the payment was intended for you, we're legally required leg ally req uired to share all relevant information including your name and address and transaction information with the bank the payment came from if they ask us so that the payer may contact you. Supplementary cardmembers At your requestreq uest, we may issue cards on your account to supplementary cardmembers. You must make sure that supplementary cardmembers keep to this agreement. You're responsible for all use of your account by supplementary cardmembers and anyone they allow to use your account. This means you must repay all transactions they make. If you want to end a supplementary cardmember's right to use your account you must tell us. Converting transactions made in a foreign currency If we receive a transaction or refund for processing in a foreign currency, we'll convert it into Pounds Sterling on the date it's processed (which may be different to the date of the transaction or refundrefun d). This means that the exchange rate used may differ from the rate that applied on the date of your transaction or refund. Exchange rate fluctuations can be significant. If the transaction or refund is in U.S. Dollars, we'll convert it directly into Pounds Poun ds Sterling. In all other cases, we'll convert it into U.S. Dollars first and then into Pounds Sterling but we'll only charge one non- sterling transaction fee. The exchange rate we use will be: • the rate required req uired by law or customarily used in the territory where the transaction or refund is made, or where this doesn't apply; • 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 day from Monday to Friday (including bank holidays) except for Christmas Day and New Year's Day. You can find our rates via the 'My account' section of the online account centre or by calling us. When you make a transaction in a foreign currency, you may be given the option of allowing a third party (for example, the retailer) to convert your transaction into Pounds Sterling before submitting it to us. If you decide to do this, the exchange exchan ge rate and any commission or charge will be set by the third party and may include a commission or charge. As we'll receive a transaction converted by a third party in Pounds Sterling, we won't apply a non-sterling transaction fee. Statements and legal notices We'll send statements to you by your chosen method at least once a month (1) if there has been any account activity or (2) if there has been a Base Rate change and otherwise once every 12 months. This could be by post, by email to the email address you've most recently given to us, by posting them in the online account centre or by making them available to you in any other lawfully permitted manner. We may send you notices (including any information we're legally required to send you, such as information about changes to this agreement or other agreements we have with you) on or together with your statements. In addition to payment information, each statement will show all transactions and amounts charged to your account in the statement period and the total account balance. Always check each statement and contact us as soon as possible if you need more information about anything. If you receive statements online, you should make sure you regularly reg ularly check this information and any mail we post to you electronically in the same way you would written mail. If you receive statements by post, we'll send statements (and any notices we're required req uired by law to provide) by post, addressed to you, at the latest billing address on our records. Contacting you We may send you important messages messag es and other communications (including alerts about abo ut certain activity on your account) about abo ut your account, card or card benefits ben efits in line with your preferences. This could be by email or SMS, on your statements or by posting them in the online account centre, for example, we may send you an alert to confirm that you've updated your contact information. There are some messages messag es we need to send you (such as statements of your account or security alerts), but you can opt out of receiving other alerts or communications (such as marketing) by contacting us using the online account centre or by calling us. If we need to contact you about abo ut any actual or suspected fraud or security threats, we'll do this using the fastest and most secure way of contacting you (for example, we may try to send you a text message rather than calling you). Changing your contact details We'll use your most recent contact details to contact you. You must notify us immediately if you change the mailing address or email address we send statements or notices to. We may update your contact details if we receive information that they have changed or are incorrect. If we've been unable un able to deliver any communications or these have been returned, we may stop attempting to communicate with you until we receive accurate contact information. Any legal notices will be posted to the online account centre or sent to your last known mailing address or email address. Suspending your account We may suspend your account or any feature on your account if: • you tell us to close your account or we tell you we are closing your account; • we consider it necessary for the security of the account; • you're in breach of the agreement; • we suspect unauthorisedun authorised, improper and/or fraudulent fraud ulent use; • we reasonably think there's a significantly increased risk that you'll not be able to repay rep ay us; and • you've repaid rep aid more in interest and charges than the amount you've borrowed on your card for a sustained period. We'll normally notify you beforehand or immediately afterwards and may provide you with the reasons. If your account is suspended, you (and any supplementary cardmember) must not use the card and inform retailers not to seek to take any further payments from your account. We'll allow you to use the account, if the reasons we suspended your account in the first place no longer applylon ger ap ply. You can tell us this is the case and request req uest reinstatement via our website or by calling us. Ending your agreement This agreement isca

Appears in 1 contract

Sources: Credit Card Agreement

TPP. If we do, we'll ’ll tell you why in the way we think most appropriate (unless doing so would compromise our reasonable appropriate. We won’t tell you if the law stops us from telling you or if it wouldn’t be safe for security measures or otherwise be unlawful)reasons. How you can authorise approve and cancel transactions To authorise approve a transaction you can: • present a card can use your Card or provide your account Account details and, if required, use your security details (such as a PIN, passcode, personal identifiers, biometric data or other details); . You may allow a third party nominee (including a bank or another company) to service certain elements of your Account. You can find more details about what this third party can do in the application form. Before you do this, you must give us an instruction details of this third party and we must agree to make them being a balance/money transfer (by giving third party nominee on your Account. You agree that we can accept instructions from the third party, including instructions on payments in and out of your Account. You will be responsible for any such instructions or payments we receive from the third party and continue to be responsible for your obligations under this agreement. If the third party does not act on your instructions and this makes you breach this agreement, that is your responsibility. You must let us know if you don’t want us to accept instructions from the account details you want third party. You agree that any notice or communication under this agreement sent to send a payment to) and answer the questions third party nominee will be as if we ask using your security details sent it to verify that the instruction is from you. We may deactivate still send you any notices or information and communicate directly with you under this agreement. We may for any reason refuse to communicate with the third party and we’ll communicate with you directly instead. You agree that we can pay any and all annual or other government charges/duties payable by you because you have an Account or a Card. We’ll pay these charges/duties when they need to be paid from your Account. You are responsible for paying us the amount of any such charges/duties as if they were a transaction on your Account. We may remove your ability to make contactless payments at any time. You can't n’t cancel purchases you make with a card Card but you can cancel other transactions that you've ’ve asked us to make in the future or regular payments (such as annual membership monthly subscription fees) if you ask us before the end of the business day before they are due to be made. This means on Monday-Friday from 9am-5pm and excludes any weekends and public holidays. For example, if you have a monthly subscription fee that is due to be charged to your Account on a Tuesday, you can ask us to cancel this payment up to the end of the business day on Monday. When we can refuse to make authorise a transaction We may refuse to authorise not allow a transaction if: • we have reasonable grounds to reasonably suspect that the use of your Account is unauthorised or improper use or fraudfraudulent; • we reasonably consider that acting on your instructions might lead to: o a breach of law, regulation, code or other obligation; or o action from a government, law enforcement agency or regulator; • we're ’re legally required tonot to allow the transaction; • use of the card Card would be prohibited; • you have insufficient fundsyour Card has been temporarily suspended; or • the transaction would exceed a transaction limit of some sort or take your account Account over your credit spending limit. You may not use your account Account for illegal activities or in a manner way which disguises the true nature of the transaction, for example, : • by obtaining cash through a transaction which you know will be treated as a purchase of goods and services, services – this is often known as ‘asking for cashback’; • using your Account to send funds to yourself through a payment processor; or by using your card Card at a merchant retailer you own or control. If we do refuse don’t allow a transaction, you'll ’ll normally be told at the point of saletime you make the transaction. In all cases, you You can always find out about transactions we've ’ve refused, including the reasons why or and any limits we may have put on your cardCard, by calling us. We'll let We won’t be able to give you know this information unless if the law or any regulation prevents stops us from doing so telling you, not telling you will help prevent fraud or for fraud prevention or where there are other security reasonsreasons which mean we can’t tell you. If we don't authorise n’t allow a transaction or a retailer doesn't n’t accept the card Card we're ’re not responsible for any loss. Transactions you haven't authorised n’t approved You're ’re not responsible for any transactions: • made using the actual card physical Card (or any other physical payment device we may provide) before you receive it (for example, if your card Card is stolen in the post); • where we haven't n’t told you how you can contact us to notify tell us that your card Card or security details have been lost, stolen or compromised; • if we fail to apply procedures that we're ’re legally required to use to check that a payment has been authorised approved by you or a supplementary cardmemberCardmember; • which are not authorised approved by you or a supplementary cardmember Cardmember or any other person you or a supplementary cardmember allowed, in breach of the agreement, Cardmember allowed to use your account Account or card; • made by a Card (even though you should be aware that you are not actually permitted to allow any other person you or a supplementary cardmember allowed, in breach of the agreement, to use your account Account or card after you tell us you suspect your account is being misused. Card); You're ’re responsible if you or a supplementary cardmemberCardmember: • use your account Account or card Card fraudulently; • have failed to keep your Card or security details safe – either intentionally or by being very careless; where this happens, you’ll be responsible for all payments from your Account until you’ve told us that your Card or security details have been lost, stolen or compromised, or you suspect misuse; • have failed to tell us straight away that your Card or security details have been lost or stolen – either intentionally or by being very careless; • allowed someone else to use your account Account or cardCard, including if someone else is allowed to access a mobile phone or other device on which your card Card has been registered (for example, by giving them your passcode or by letting them register their fingerprint on it) but ). Where this happens, you won't n’t be responsible for any transactions made by a person you or a supplementary cardmember Cardmember allowed to use your account Account or card Card after you tell us you suspect your account Account is being misused. You must contact us as soon as you notice an unauthorised transaction on your Card or Account. We’ll refund the amount of the unauthorised payment as soon as possible, and always before the end of the working day after you tell us (unless we suspect you have acted fraudulently). Once we’ve completed our investigations, if we find you weren’t entitled to a refund, we’ll take back any amount we refunded to your Account. If there are errors in a transaction and this is our fault, we'll ’ll give you a refund. We may then resubmit the correct transaction. If upon contacting us, you wish to dispute a transaction, we'll 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'll adjust your account accordingly. Transactions for unexpected amounts If you make a purchase within the UK or the European Economic Area andand you have been charged more than you were expecting, at we may refund the time that you authorised it, amount of the purchase. We’ll only refund the purchase if: • you didn't n’t know exactly how much you were going to be charged when you approved the payment (for example, when using your Card to check-in at a hotel check-in) you can request a refund from us if the amount charged is more than you reasonably expect and hotel); • you ask for the refund within 8 weeks from the date of the statement on which the purchase appears. You'll need to provide ; • you give us with all the information we reasonably ask for and we for. We may provide this any information you share with us (including personal information) to third parties investigating your claim. We'll conclude ’ll let you know the outcome of our investigation within 10 business days of us receiving all required the information and either we ask for from you. We’ll make the refund or tell you why we've ’ve refused your claim. You're ’re not entitled to a refund if if: • you or a supplementary cardmember Cardmember gave consent for a transaction directly to us and, us; • at least four weeks before the transaction was made, you were given information about the transaction (or it was made available to you) by us or the retailer. For retailer (for example, at the time you placed an order, the exact amount of the purchase was unknown but it was later confirmed to you at least four weeks before your card Card was charged. Incorrect balance/money transfers We’ll refund the amount of a balance/money transfer and any interest, fees or charges we charge you as a result without undue delay if you instruct us to make a transfer and it is incorrectly made or it never arrives. If you give us the wrong details for a balance/money transfer or we can show that the bank we made the payment to did receive it, we won’t have to give you a refund but we'll help you to recover the money (we may charge a fee to cover our costs). Theft, loss or misuse of the card Card or account Account You or a and supplementary cardmember Cardmembers must: • sign the card Card and keep it safe and secure (including using device passcodes, biometric data or other security details where applicable); • not let others use the account Account or card and Card; • regularly check you still have the cardCard; • not give the card or card your Card number to anyone else else, other than usus or a TPP if it’s necessary to share the number so you can use the TPP’s services, or if using it for the purpose of making a transaction transaction. We’ll never call you and ask for your full Card number; • not give your physical Card to anyone else except when you need to present your Card to pay for goods or services. We’ll never ask for your physical Card; • not share your security details details, which are used to verify your identity, with anyone else (other than us or a TPP if it's ’s necessary to do soshare your details so you can use the TPP’s services); • not share your full Card PIN number or the password for your American Express online services with anyone. We’ll never ask you for this information; and • choose a PIN or passcode that is not easy to guess. If you or a supplementary cardmemberCardmember, register a card Card for use on a mobile phone or other device, you or the supplementary cardmemberCardmember, must: • keep it and your security details safe and secure at all times, in the same way you would your card Card or PIN; • always use the lock feature on the phone or other phone/device, where applicable; • never share your security details or allow another person to have access to the device in a way which allows them to make transactions using the card Card registered on the device. You or a supplementary cardmember Cardmember must tell us straight away if you suspect: • a card Card has been lost or stolen or has not been received; • a mobile phone or other device to which a card Card has been registered has been lost, stolen or compromised; • someone else knows a PIN or other security details; or • the account Account or a card Card is being misused or used without authorisationyour permission, or a transaction on the account has Account was not been authorised approved or has been processed incorrectly. Our contact details are at the beginning of this agreement. If the use of we need to stop you or a card is stopped supplementary Cardmember using a Card for any reason, the use of all other cards Cards issued on your account Account may also be stopped at the same time. If you register for online account services, you must keep your security details (such as your username, password or other details) and also your mobile phone or other device safe and secure. How much and when you must pay You must pay the minimum payment by the payment due date shown on your statement but you can always pay more than the minimum payment due. If we don't ask you to pay any arrears, they'll be due with your minimum payment. We'll use any payment you make to pay off arrears before any other amounts you owe us. We won't treat any payment we make into your account or any refund given by a retailer for a purchase as payment made by you. If you pay more than you owe us under this agreement, we'll return the amount you've overpaid. How to pay You must make payments to us in Pounds Sterling by any method set out on your statement or any other method we otherwise tell you about or permit allow you to use. Payment must be made from a Personal Account in your own name. If you don’t you may experience disruption to your Account. If you are unable to pay your Account this way due to personal circumstances, please contact us, using the contact details provided above, to discuss this. You must make payments to us in the currency of your Card Account. For example, • if you hold a US Dollar Card you must pay us in US Dollars, • if you hold a Euro Card you must pay us in Euros, • if you hold a Sterling Card, you must pay us in Pounds Sterling. If you make payments in a different currency, we may refuse to accept the payment. If we accept the payment, we’ll change it into the correct currency. We’ll use the standard exchange rate we set on the date we receive the payment unless the law tells us to use a particular rate. In this case, there may be a delay before the payment is added to your account. We may also impose additional charges for converting payments into a different currency (including any currency conversion costs we incur). You must make a separate payment for each account Account you hold with us. If you send payments together and don't n’t clearly designate tell us which Account the account to be paidpayment is for, we may apply the payments to any accountof your Accounts. We'll ’ll apply any the payment to your account Account on the day we receive it, as long as this is within our business hours. We'll After that time, we’ll apply any payment we receive after that time it on the next business day. This means on Monday-Friday from 9am-5pm and excludes any weekends and public holidays. All transactions are subject to additional checks, and we may contact you for further information. How we apply we’ll use payments We We’ll normally use payments made to your Account to pay off amounts any fees and charges you owe at to us first. We’ll do this in the highest interest rates before amounts following order: • any Cardmembership fee and supplementary fees; • service charges (for example, statement copy fees) and any joining fee; • late payment fees; • other fees charged at lower interest rates and we'll apply payments to amounts by us that appear as a separate item on your monthly statement, (for example, returned payment fees); • collection charges; • transactions that have appeared on your statements before amounts monthly statement; and • transactions that have not yet appeared on your statementsmonthly statement. More details on these fees and charges are included above – see “Fees and charges” section. Missing payments Missing payments can have serious consequences. It could mean: • if you miss a payment, you‘ll lose any promotional interest rates on your account which means any remaining promotional balances will be charged interest at your standard rate; • you have to pay additional charges or costs; • in the UK your credit rating may be affected, making it more difficult or expensive to obtain credit; and • we take legal action (which could include getting a court order giving to give us the right to take payment out of the sale proceeds for your home or other property) or bankruptcy proceedings may be taken against you to recover any debt owed under this agreement. If you are struggling to make a payment or think you may have difficulty making a payment in the future, please contact us and let us know as soon as possible. Payments into your account Account by mistake If we make a payment into your account Account by mistake or as a result of a systems error, we'll ’ll automatically take the amount out of your accountAccount. If we're Sometimes we may be told that a payment from within the EEA European Economic Area (EEA) was made into your account Account as a result of someone else's ’s mistake (for example, if the payer person making the payment gave the wrong account Account number or reference), but, when . When we contact you, you may disagree it was a mistake and tell us the payment was intended for you, we're legally required . If that happens we have to share all relevant information (including your name and address and transaction information information) with the other bank involved in the payment came from if they ask us so that to. The other bank can pass this information to their customer to help them claim the payer may contact money back from you. Supplementary cardmembers At your requestCardmembers Unless you have a Basic Card, we may you can ask us to issue cards Cards on your account Account to supplementary cardmembersCardmembers. You must make sure that supplementary cardmembers Cardmembers keep to this agreement. You're ’re responsible for all use of your account Account by supplementary cardmembers Cardmembers and anyone they allow to use your accountAccount. This means you must repay all transactions they make. If you want to end stop a supplementary cardmember's right to use Cardmember from using your account Account you must tell us. A supplementary Cardmember is a friend or relative that you have added as an additional Cardholder on your Account. You can add no more than ten supplementary Cardmembers to your Account if you have a Centurion Card, or five supplementary Cardmembers if you have any other Card (except a Basic Card). Converting transactions made in a foreign currency If we receive What happens if I make a transaction payment or someone gives me a refund for processing in a foreign different currency? Our currency conversion affiliate – a company called AE Exposure Management Limited (“AEEML”) – will change the money into the currency of your Account. If you’re making a payment or getting a refund in anything other than the currency of your account or US Dollars, we'll convert it into Pounds Sterling on AEEML will change the date it's processed (which may be different currency of the payment or the refund to US Dollars first, then to the date of the transaction or refund). This means that the exchange rate used may differ from the rate that applied on the date currency of your Account. Even though there will be two currency conversions taking place, you’ll only pay one non-sterling transaction or refund. Exchange rate fluctuations can be significantfee for making a payment and we don’t charge a non-sterling transaction fee for refunds. If the transaction payment or refund is in U.S. US Dollars, we'll AEEML will convert it directly into Pounds Sterlingthe currency of your Account. In all other cases, we'll convert How much will it cost me? AEEML will use a rate called the ‘American Express Exchange Rate’ to change the money into U.S. Dollars first and then into Pounds Sterling but we'll only charge one non- sterling transaction feethe currency of your Account. The exchange American Express Exchange Rate is set on the day before the transaction processing day. AEEML sets this rate we use will beevery Monday to Friday, except for Christmas Day and New Year’s Day. AEEML bases the American Express Exchange Rate on: • the rate required by law or customarily used in the territory country where the transaction purchase or refund is made, made or where this doesn't n’t apply; , 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 day from Monday to Friday (including bank holidays) except for Christmas Day and New Year's Day. You can find our rates via the 'My account' section of the online account centre or by calling us. When you make a transaction in a foreign currency, you may be given the option of allowing a third party (for example, the retailer) to convert your transaction into Pounds Sterling before submitting it to us. If you decide to do this, the exchange rate and any commission or charge will be set by the third party and may include a commission or charge. As we'll receive a transaction converted by a third party in Pounds Sterling, we won't apply a non-sterling transaction fee. Statements and legal notices We'll send statements to you by your chosen method at least once a month (1) if there has been any account activity or (2) if there has been a Base Rate change and otherwise once every 12 months. This could be by post, by email to the email address you've most recently given to us, by posting them in the online account centre or by making them available to you in any other lawfully permitted manner. We may send you notices (including any information we're legally required to send you, such as information about changes to this agreement or other agreements we have with you) on or together with your statements. In addition to payment information, each statement will show all transactions and amounts charged to your account in the statement period and the total account balance. Always check each statement and contact us as soon as possible if you need more information about anything. If you receive statements online, 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 receive statements by post, we'll send statements (and any notices we're required by law to provide) by post, addressed to you, at the latest billing address on our records. Contacting you We may send you important messages and other communications (including alerts about certain activity on your account) about your account, card or card benefits in line with your preferences. This could be by email or SMS, on your statements or by posting them in the online account centre, for example, we may send you an alert to confirm that you've updated your contact information. There are some messages we need to send you (such as statements of your account or security alerts), but you can opt out of receiving other alerts or communications (such as marketing) by contacting us using the online account centre or by calling us. If we need to contact you about any actual or suspected fraud or security threats, we'll do this using the fastest and most secure way of contacting you (for example, we may try to send you a text message rather than calling you). Changing your contact details We'll use your most recent contact details to contact you. You must notify us immediately if you change the mailing address or email address we send statements or notices to. We may update your contact details if we receive information that they have changed or are incorrect. If we've 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. Any legal notices will be posted to the online account centre or sent to your last known mailing address or email address. Suspending your account We may suspend your account or any feature on your account if: • you tell us to close your account or we tell you we are closing your account; • we consider it necessary for the security of the account; • you're in breach of the agreement; • we suspect unauthorised, improper and/or fraudulent use; • we reasonably think there's a significantly increased risk that you'll not be able to repay us; and • you've repaid more in interest and charges than the amount you've borrowed on your card for a sustained periodsources. We'll normally notify you beforehand or immediately afterwards and may provide you with the reasons. If your account is suspended, you (and any supplementary cardmember) must not use the card and inform retailers not to seek to take any further payments from your account. We'll allow you to use the account, if the reasons we suspended your account in the first place no longer apply. You can tell us this is the case and request reinstatement via our website or by calling us. Ending your agreement This agreement is’ll also charge a n

Appears in 1 contract

Sources: Charge Card Agreement

TPP. If we do, we'll tell you why in the way we think most appropriate (unless doing so would compromise our reasonable security measures or otherwise be unlawful). How you can authorise and cancel transactions To authorise a transaction you can: • present a card or provide your account details and, if requiredreq uired, use your security details (such as a PIN, passcode, personal identifiers, biometric data or other details); or • give us an instruction to make a balance/money transfer (by giving us the account details you want to send a payment to) and answer the questions we ask using your security details to verify that the instruction is from you. We may deactivate contactless payments at any time. You can't cancel purchases you make with a card but you can cancel other transactions that you've asked us to make in the future or regular reg ular payments (such as annual membership fees) if you ask us before the end of the business day before they are due to be made. When we can refuse to make authorise a transaction We may refuse to authorise a transaction if: • we have reasonable grounds to suspect unauthorised un authorised or improper improp er use or fraud; • we reasonably consider that acting on your instructions might lead to: o a breach of law, regulationreg ulation, code or other obligation; or o action from a government, law enforcement agency or regulator; • we're legally required leg ally req uired to; • use of the card would be prohibited; • your card has been temporarily suspended as part of a Financial Relief Programme; • you have insufficient funds; or • the transaction would exceed a transaction limit of some sort or take your account over your credit limit. You may not use your account for illegal illeg al activities or in a manner which disguises the true nature of the transaction, for example, by obtaining cash through a transaction which you know will be treated as a purchase of goods and services, using your account to send funds to yourself through a payment processor, or by using your card at a merchant you own or control. If we do refuse a transaction, you'll normally be told at the point of sale. In all cases, you can find out about abo ut transactions we've refused, including the reasons why or any limits we may have put on your card, by calling us. We'll let you know this information unless the law or any regulation reg ulation prevents us from doing so or for fraud prevention or security reasons. If we don't authorise a transaction or a retailer doesn't accept the card we're not responsible for any loss. Transactions you haven't authorised You're not responsible for any transactions: • made using the actual card before you receive it (for example, if your card is stolen in the post); • where we haven't told you how you can contact us to notify us that your card or security details have been lost, stolen or compromised; • if we fail to apply procedures that we're legally required leg ally req uired to use to check that a payment has been authorised by you or a supplementary cardmember; • not authorised by you or a supplementary cardmember or any person you or a supplementary cardmember allowed, in breach of the agreement, to use your account or card; • made by a person you or a supplementary cardmember allowed, in breach of the agreement, to use your account or card after you tell us you suspect your account is being misused. You're responsible if you or a supplementary cardmember: • use your account or card fraudulentlyfraud ulently; • allowed someone else to use your account or card, including if someone someo ne else is allowed to access a mobile phone or other device on which your card has been registered (for example, by giving them your passcode or by letting them register their fingerprint on it) but you won't be responsible for any transactions made by a person you or a supplementary cardmember allowed to use your account or card after you tell us you suspect your account is being misused. If there are errors in a transaction and this is our fault, we'll give you a refund. We may then resubmit the correct transaction. If upon contacting us, you wish to dispute a transaction, we'll 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'll adjust your account accordingly. Transactions for unexpected amounts If you make a purchase within the European Economic Area and, at the time that you authorised it, you didn't know exactly how much you were going to be charged (for example, at a hotel check-in) you can request req uest a refund from us if the amount charged is more than you reasonably expect and you ask for the refund within 8 weeks from the date of the statement on which the purchase appears. You'll need to provide us with all the information we reasonably ask for and we may provide this information (including personal information) to third parties investigating your claim. We'll conclude our investigation within 10 business days of us receiving all required req uired information and either make the refund or tell you why we've refused your claim. You're not entitled to a refund if you or a supplementary cardmember gave consent for a transaction directly to us and, at least four weeks before the transaction was mademad e, you were given information about abo ut the transaction (or it was made available to you) by us or the retailer. For example, at the time you placed an order, the exact amount was unknown but was later confirmed to you at least four weeks before your card was charged. Incorrect balance/money transfers We’ll refund the amount of a balance/money transfer and any interest, fees or charges we charge you as a result without undue delay if you instruct us to make a transfer and it is incorrectly made or it never arrives. If you give us the wrong details for a balance/money transfer or we can show that the bank we made the payment to did receive it, we won’t have to give you a refund but we'll help you to recover the money (we may charge a fee to cover our costs). Theft, loss or misuse of the card or account You or a supplementary cardmember must: • sign the card and keep it safe and secure (including using device passcodes, biometric data or other security details where applicable); • not let others use the account or card and regularly reg ularly check you still have the card; • not give the card or card number to anyone else other than us, or for the purpose of making a transaction and not share your security details with anyone else (other than us or a TPP if it's necessary to do so); • choose a PIN or passcode that is not easy to guess. If you or a supplementary cardmember, register a card for use on a mobile phone or other device, you or the supplementary cardmember, must: • keep it and your security details safe and secure at all times, in the same way you would your card or PIN; • always use the lock feature on the phone or other device, where applicable; • never share your security details or allow another person to have access to the device in a way which allows them to make transactions using the card registered on the device. You or a supplementary cardmember must tell us straight away if you suspect: • a card has been lost or stolen or not received; • a mobile phone or other device to which a card has been registered has been lost, stolen or compromised; • someone else knows a PIN or other security details; or • the account or a card is being misused or used without authorisation, or a transaction on the account has not been authorised or has been processed incorrectly. Our contact details are at the beginning of this agreement. If the use of a card is stopped for any reason, the use of all other cards issued on your account may also be stopped at the same time. If you register for online account services, you must keep your security details (such as your username, password or other details) and also your mobile phone or other device safe and secure. How much and when you must pay You must pay the minimum payment by the payment due date shown on your statement but you can always pay more than the minimum payment due. If we don't ask you to pay any arrears, they'll be due with your minimum paymentpayment unless a Financial Relief Programme has been agreed with you in which case the minimum amount you must pay will be as communicated to you. We'll use any payment you make to pay off arrears before any other amounts you owe us. We won't treat any payment we make into your account or any refund given by a retailer for a purchase as payment made by you. If you pay more than you owe us under this agreement, we'll return the amount you've overpaid. 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 abo ut or permit you to use. You must make a separate sep arate payment for each account you hold with us. If you send payments together and don't clearly designate the account to be paid, we may apply payments to any account. We'll apply any payment to your account on the day we receive it, as long as this is within our business hours. We'll apply any payment we receive after that time on the next business day. How we apply payments We pay off amounts you owe at the highest interest rates before amounts charged at lower interest rates and we'll apply payments to amounts that have appeared on your statements before amounts that have not yet appeared on your statements. Missing payments Missing payments can have serious consequencesconseq uences. It could mean: • if you miss a payment, you‘ll lose any promotional interest rates on your account which means any remaining promotional promotion al balances will be charged interest at your standard rate; • you may lose any financial relief interest rates or Financial Relief Programmes on your account; • you have to pay additional charges or costs; • your credit rating may be affected, making it more difficult or expensive to obtain credit; and • legal leg al action (which could include getting a court order giving us the right to payment out of the sale proceeds for your home or other propertyprop erty) or bankruptcy proceedings may be taken against ag ainst you to recover any debt owed under this agreement. Payments into your account by mistake If we make a payment into your account by mistake or as a result of a systems error, we'll automatically take the amount out of your account. If we're told that a payment from within the EEA was made into your account as a result of someone else's mistake (for example, if the payer gave the wrong account number or reference), but, when we contact you, you tell us the payment was intended for you, we're legally required leg ally req uired to share all relevant information including your name and address and transaction information with the bank the payment came from if they ask us so that the payer may contact you. Supplementary cardmembers At your requestreq uest, we may issue cards on your account to supplementary cardmembers. You must make sure that supplementary cardmembers keep to this agreement. You're responsible for all use of your account by supplementary cardmembers and anyone they allow to use your account. This means you must repay all transactions they make. If you want to end a supplementary cardmember's right to use your account you must tell us. Converting transactions made in a foreign currency If we receive a transaction or refund for processing in a foreign currency, we'll our currency conversion affiliate, AE Exposure Management Limited (“AEEML”) will convert it into Pounds Sterling on the date it's 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 applied on the date of your transaction or refund. Exchange rate fluctuations can be significant. If the transaction or refund is in U.S. Dollars, we'll AEEML will convert it directly into Pounds Sterling. In all other cases, we'll AEEML will convert it into U.S. Dollars first and then into Pounds Sterling but we'll only charge one non- non-sterling transaction fee. We don’t charge a non-sterling transaction fee for converting refunds. Refunds of transactions (including the non-sterling transaction fee applied at the time it was mad e) will be converted at the prevailing rate: this means that the refund applied to your account could be less or more than the original transaction amount shown on your statement. The exchange rate AEEML uses (we use call this the American Express Exchange Rate) will be: • the rate required req uired by law or customarily used in the territory where the transaction or refund is made, or where this doesn't apply; • 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 day from Monday to Friday (including bank holidays) except for Christmas Day and New Year's Day. You can find our rates via the 'My account' section of the online account centre or by calling us. The total cost of converting your currency (we call this the Currency Conversion Charge) consists of the American Express Exchan ge Rate and the non-sterling transaction fee. Reg ulation req uires us to provide you with information to en able you to compare the Currency Conversion Charge with reference rates issued by the European Central Bank. This information can be found on our website. When you make a transaction in a foreign currency, you may be given the option of allowing a third party (for example, the retailer) to convert your transaction into Pounds Sterling before submitting it to us. If you decide to do this, the exchange exchan ge rate and any commission or charge will be set by the third party and may include a commission or chargeparty. As we'll receive a transaction converted by a third party in Pounds Poun ds Sterling, we won't apply a non-non- sterling transaction fee. Statements and legal notices We'll send statements to you by your chosen method at least once a month (1) if there has been any account activity or (2) if there has been a Base Rate change and otherwise once every 12 months. This could be by post, by email to the email address you've most recently given to us, by posting them in the online account centre or by making them available to you in any other lawfully permitted manner. We may send you notices (including any information we're legally required to send you, such as information about changes to this agreement or other agreements we have with you) on or together with your statements. In addition to payment information, each statement will show all transactions and amounts charged to your account in the statement period and the total account balance. Always check each statement and contact us as soon as possible if you need more information about anything. If you receive statements online, you should make sure you regularly reg ularly check this information and any mail we post to you electronically in the same way you would written mail. We will send to you by email and post some notices we're required by law to provide. These notices will be addressed to you and sent to the latest billing ad dress on our records. If you receive statements by post, we'll send the statements (and any notices we're required req uired by law to provide) provide by post, addressed to you, at the latest billing address on our records. Contacting you We may send you important messages messag es and other communications (including alerts about abo ut certain activity on your account) about abo ut your account, card account or card benefits in line with your preferences. This could be by email or SMS, on your statements or by posting them in the online account centre, for example, we may send you an alert to confirm that you've updated your contact information. There are some messages messag es we need to send you (such as statements of your account or security alerts), but you can opt out of receiving other alerts or communications (such as marketing) by contacting us using the online account centre or by calling us. If we need to contact you about abo ut any actual or suspected fraud or security threats, we'll do this using the fastest and most secure way of contacting you (for example, we may try to send you a text message rather than calling you). Changing your contact details We'll use your most recent contact details to contact you. You must notify us immediately if you change the mailing address or email address we send statements or notices to. We may update your contact details if we receive information that they have changed or are incorrect. If we've 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. Any legal notices will be posted to the online account centre or sent to your last known mailing address or email address. Suspending your account We may suspend your account or any feature on your account if: • you tell us to close your account or we tell you we are closing your account; • we consider it necessary for the security of the account; • you're in breach of the agreement; • we suspect unauthorised, improper and/or fraudulent use; • we reasonably think there's a significantly increased risk that you'll not be able to repay us; and • you've repaid more in interest and charges than the amount you've borrowed on your card for a sustained period. We'll normally notify you beforehand or immediately afterwards and may provide you with the reasons. If your account is suspended, you (and any supplementary cardmember) must not use the card and inform retailers not to seek to take any further payments from your account. We'll allow you to use the account, if the reasons we suspended your account in the first place no longer apply. You can tell us this is the case and request reinstatement via our website or by calling us. Ending your agreement This agreement ishav

Appears in 1 contract

Sources: Credit Card Agreement

TPP. If we do, we'll tell you why in the way we think most appropriate (unless doing so would compromise our reasonable security measures or otherwise be unlawful). How you can authorise and cancel transactions To authorise a transaction you can: • present a card or provide your account details and, if requiredreq uired, use your security details (such as a PIN, passcode, personal identifiers, biometric data or other details); or • give us an instruction to make a balance/money transfer (by giving us the account details you want to send a payment to) and answer the questions we ask using your security details to verify that the instruction is from you. We may deactivate contactless payments at any time. You can't cancel purchases you make with a card but you can cancel other transactions that you've asked us to make in the future or regular reg ular payments (such as annual membership fees) if you ask us before the end of the business day before they are due to be made. When we can refuse to make authorise a transaction We may refuse to authorise a transaction if: • we have reasonable grounds to suspect unauthorised un authorised or improper improp er use or fraud; • we reasonably consider that acting on your instructions might lead to: o a breach of law, regulationreg ulation, code or other obligation; or o action from a government, law enforcement agency or regulator; • we're legally required leg ally req uired to; • use of the card would be prohibited; • your card has been temporarily suspended as part of a Financial Relief Programme; • you have insufficient funds; or • the transaction would exceed a transaction limit of some sort or take your account over your credit limit. You may not use your account for illegal illeg al activities or in a manner which disguises the true nature of the transaction, for example, by obtaining cash through a transaction which you know will be treated as a purchase of goods and services, using your account to send funds to yourself through a payment processor, or by using your card at a merchant you own or control. If we do refuse a transaction, you'll normally be told at the point of sale. In all cases, you can find out about abo ut transactions we've refused, including the reasons why or any limits we may have put on your card, by calling us. We'll let you know this information unless the law or any regulation reg ulation prevents us from doing so or for fraud prevention or security reasons. If we don't authorise a transaction or a retailer doesn't accept the card we're not responsible for any loss. Transactions you haven't authorised You're not responsible for any transactions: • made using the actual card before you receive it (for example, if your card is stolen in the post); • where we haven't told you how you can contact us to notify us that your card or security details have been lost, stolen or compromised; • if we fail to apply procedures that we're legally required leg ally req uired to use to check that a payment has been authorised by you or a supplementary cardmember; • not authorised by you or a supplementary cardmember or any person you or a supplementary cardmember allowed, in breach of the agreement, to use your account or card; • made by a person you or a supplementary cardmember allowed, in breach of the agreement, to use your account or card after you tell us you suspect your account is being misused. You're responsible if you or a supplementary cardmember: • use your account or card fraudulentlyfraud ulently; • allowed someone else to use your account or card, including if someone someo ne else is allowed to access a mobile phone or other device on which your card has been registered (for example, by giving them your passcode or by letting them register their fingerprint on it) but you won't be responsible for any transactions made by a person you or a supplementary cardmember allowed to use your account or card after you tell us you suspect your account is being misused. If there are errors in a transaction and this is our fault, we'll give you a refund. We may then resubmit the correct transaction. If upon contacting us, you wish to dispute a transaction, we'll 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'll adjust your account accordingly. Transactions for unexpected amounts If you make a purchase within the European Economic Area and, at the time that you authorised it, you didn't know exactly how much you were going to be charged (for example, at a hotel check-in) you can request req uest a refund from us if the amount charged is more than you reasonably expect and you ask for the refund within 8 weeks from the date of the statement on which the purchase appears. You'll need to provide us with all the information we reasonably ask for and we may provide this information (including personal information) to third parties investigating your claim. We'll conclude our investigation within 10 business days of us receiving all required req uired information and either make the refund or tell you why we've refused your claim. You're not entitled to a refund if you or a supplementary cardmember gave consent for a transaction directly to us and, at least four weeks before the transaction was mademad e, you were given information about abo ut the transaction (or it was made available to you) by us or the retailer. For example, at the time you placed an order, the exact amount was unknown but was later confirmed to you at least four weeks before your card was charged. Incorrect balance/money transfers We’ll refund the amount of a balance/money transfer and any interest, fees or charges we charge you as a result without undue delay if you instruct us to make a transfer and it is incorrectly made or it never arrives. If you give us the wrong details for a balance/money transfer or we can show that the bank we made the payment to did receive it, we won’t have to give you a refund but we'll help you to recover the money (we may charge a fee to cover our costs). Theft, loss or misuse of the card or account You or a supplementary cardmember must: • sign the card and keep it safe and secure (including using device passcodes, biometric data or other security details where applicable); • not let others use the account or card and regularly reg ularly check you still have the card; • not give the card or card number to anyone else other than us, or for the purpose of making a transaction and not share your security details with anyone else (other than us or a TPP if it's necessary to do so); • choose a PIN or passcode that is not easy to guess. If you or a supplementary cardmember, register a card for use on a mobile phone or other device, you or the supplementary cardmember, must: • keep it and your security details safe and secure at all times, in the same way you would your card or PIN; • always use the lock feature on the phone or other device, where applicable; • never share your security details or allow another person to have access to the device in a way which allows them to make transactions using the card registered on the device. You or a supplementary cardmember must tell us straight away if you suspect: • a card has been lost or stolen or not received; • a mobile phone or other device to which a card has been registered has been lost, stolen or compromised; • someone else knows a PIN or other security details; or • the account or a card is being misused or used without authorisation, or a transaction on the account has not been authorised or has been processed incorrectly. Our contact details are at the beginning of this agreement. If the use of a card is stopped for any reason, the use of all other cards issued on your account may also be stopped at the same time. If you register for online account services, you must keep your security details (such as your username, password or other details) and also your mobile phone or other device safe and secure. How much and when you must pay You must pay the minimum payment by the payment due date shown on your statement but you can always pay more than the minimum payment due. If we don't ask you to pay any arrears, they'll be due with your minimum paymentpayment unless a Financial Relief Programme has been agreed with you in which case the minimum amount you must pay will be as communicated to you. We'll use any payment you make to pay off arrears before any other amounts you owe us. We won't treat any payment we make into your account or any refund given by a retailer for a purchase as payment made by you. If you pay more than you owe us under this agreement, we'll return the amount you've overpaid. 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 abo ut or permit you to use. You must make a separate sep arate payment for each account you hold with us. If you send payments together and don't clearly designate the account to be paid, we may apply payments to any account. We'll apply any payment to your account on the day we receive it, as long as this is within our business hours. We'll apply any payment we receive after that time on the next business day. How we apply payments We pay off amounts you owe at the highest interest rates before amounts charged at lower interest rates and we'll apply payments to amounts that have appeared on your statements before amounts that have not yet appeared on your statements. Missing payments Missing payments can have serious consequencesconseq uences. It could mean: • if you miss a payment, you‘ll lose any promotional interest rates on your account which means any remaining promotional promotion al balances will be charged interest at your standard rate; • you may lose any financial relief interest rates or Financial Relief Programmes on your account; • you have to pay additional charges or costs; • your credit rating may be affected, making it more difficult or expensive to obtain credit; and • legal leg al action (which could include getting a court order giving us the right to payment out of the sale proceeds for your home or other property) or bankruptcy proceedings may be taken against ag ainst you to recover any debt owed under this agreement. Payments into your account by mistake If we make a payment into your account by mistake or as a result of a systems error, we'll automatically take the amount out of your account. If we're told that a payment from within the EEA was made into your account as a result of someone else's mistake (for example, if the payer gave the wrong account number or reference), but, when we contact you, you tell us the payment was intended for you, we're legally required leg ally req uired to share all relevant information including your name and address and transaction information with the bank the payment came from if they ask us so that the payer may contact you. Supplementary cardmembers At your requestreq uest, we may issue cards on your account to supplementary cardmembers. You must make sure that supplementary cardmembers keep to this agreement. You're responsible for all use of your account by supplementary cardmembers and anyone they allow to use your account. This means you must repay all transactions they make. If you want to end a supplementary cardmember's right to use your account you must tell us. Converting transactions made in a foreign currency If we receive a transaction or refund for processing in a foreign currency, we'll our currency conversion affiliate, AE Exposure Management Limited (“AEEML”) will convert it into Pounds Sterling on the date it's 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 applied on the date of your transaction or refund. Exchange rate fluctuations can be significant. If the transaction or refund is in U.S. Dollars, we'll AEEML will convert it directly into Pounds Sterling. In all other cases, we'll AEEML will convert it into U.S. Dollars first and then into Pounds Poun ds Sterling but we'll only charge one non- non-sterling transaction fee. We don’t charge a non-sterling transaction fee for converting refunds. Refunds of transactions (including the non-sterling transaction fee applied at the time it was mad e) will be converted at the prevailing rate: this means that the refund applied to your account could be less or more than the original transaction amount shown on your statement. The exchange rate AEEML uses (we use call this the American Express Exchange Rate) will be: • the rate required req uired by law or customarily used in the territory where the transaction or refund is made, or where this doesn't apply; • 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 day from Monday to Friday (including bank holidays) except for Christmas Day and New Year's Day. You can find our rates via the 'My account' section of the online account centre or by calling us. The total cost of converting your currency (we call this the Currency Conversion Charge) consists of the American Express Exchan ge Rate and the non-sterling transaction fee. Reg ulation req uires us to provide you with information to en able you to compare the Currency Conversion Charge with reference rates issued by the European Central Bank. This information can be found on our website. When you make a transaction in a foreign currency, you may be given the option of allowing a third party (for example, the retailer) to convert your transaction into Pounds Sterling before submitting it to us. If you decide to do this, the exchange exchan ge rate and any commission or charge will be set by the third party and may include a commission or chargeparty. As we'll receive a transaction converted by a third party in Pounds Poun ds Sterling, we won't apply a non-non- sterling transaction fee. Statements and legal notices We'll send statements to you by your chosen method at least once a month (1) if there has been any account activity or (2) if there has been a Base Rate change and otherwise once every 12 months. This could be by post, by email to the email address you've most recently given to us, by posting them in the online account centre or by making them available to you in any other lawfully permitted manner. We may send you notices (including any information we're legally required leg ally req uired to send you, such as information about changes abo ut chan ges to this agreement or other agreements we have with you) on or together with your statements. In addition to payment information, each statement will show all transactions and amounts charged to your account in the statement period and the total account balance. Always check each statement and contact us as soon as possible if you need more information about anything. If you receive statements online, you should make sure you regularly reg ularly check this information and any mail we post to you electronically in the same way you would written mail. We will send to you by email and post some notices we're required by law to provide. These notices will be addressed to you and sent to the latest billing ad dress on our records. If you receive statements by post, we'll send the statements (and any notices we're required req uired by law to provide) provide by post, addressed to you, at the latest billing address on our records. Contacting you We may send you important messages messag es and other communications (including alerts about abo ut certain activity on your account) about abo ut your account, card account or card benefits in line with your preferences. This could be by email or SMS, on your statements or by posting them in the online account centre, for example, we may send you an alert to confirm that you've updated your contact information. There are some messages messag es we need to send you (such as statements of your account or security alerts), but you can opt out of receiving other alerts or communications (such as marketing) by contacting us using the online account centre or by calling us. If we need to contact you about abo ut any actual or suspected fraud or security threats, we'll do this using the fastest and most secure way of contacting you (for example, we may try to send you a text message rather than calling you). Changing your contact details We'll use your most recent contact details to contact you. You must notify us immediately if you change the mailing address or email address we send statements or notices to. We may update your contact details if we receive information that they have changed or are incorrect. If we've 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. Any legal notices will be posted to the online account centre or sent to your last known mailing address or email address. Suspending your account We may suspend your account or any feature on your account if: • you tell us to close your account or we tell you we are closing your account; • we consider it necessary for the security of the account; • you're in breach of the agreement; • we suspect unauthorised, improper and/or fraudulent use; • we reasonably think there's a significantly increased risk that you'll not be able to repay us; and • you've repaid more in interest and charges than the amount you've borrowed on your card for a sustained period. We'll normally notify you beforehand or immediately afterwards and may provide you with the reasons. If your account is suspended, you (and any supplementary cardmember) must not use the card and inform retailers not to seek to take any further payments from your account. We'll allow you to use the account, if the reasons we suspended your account in the first place no longer apply. You can tell us this is the case and request reinstatement via our website or by calling us. Ending your agreement This agreement isthey

Appears in 1 contract

Sources: Credit Card Agreement

TPP. If we do, we'll tell you why in the way we think most appropriate (unless doing so would compromise our reasonable security measures or otherwise be unlawful). How you can authorise and cancel transactions To authorise a transaction you can: present a card Card or provide your account Account details and, if required, use your security details (such as a PIN, passcode, personal identifiers, biometric data or other details); or give us an instruction to make a balance/money transfer (by giving us the account Account details you want to send a payment to) and answer the questions we ask using your security details to verify that the instruction is from you. We may deactivate contactless payments at any time. You can't cancel purchases you make with a card Card but you can cancel other transactions that you've asked us to make in the future or regular payments (such as annual membership fees) if you ask us before the end of the business day before they are due to be made. When we can refuse to make a transaction We may refuse to authorise a transaction if: we have reasonable grounds to suspect unauthorised or improper use or fraud; we reasonably consider that acting on your instructions might lead to: o a breach of law, regulation, code or other obligation; or o action from a government, law enforcement agency or regulator; we're legally required to; use of the card Card would be prohibited; you have insufficient funds; or the transaction would exceed a transaction limit of some sort or take your account Account over your credit limit. You may not use your account Account for illegal activities or in a manner which disguises the true nature of the transaction, for example, by obtaining cash through a transaction which you know will be treated as a purchase of goods and services, or by using your card Card at a merchant you own or control. If we do refuse a transaction, you'll normally be told at the point of sale. In all cases, you can find out about transactions we've refused, including the reasons why or any limits we may have put on your cardCard, by calling us. We'll let you know this information unless the law or any regulation prevents us from doing so or for fraud prevention or security reasons. If we don't authorise a transaction or a retailer doesn't accept the card Card we're not responsible for any loss. Transactions you haven't authorised You're not responsible for any transactions: made using the actual card Card before you receive it (for example, if your card Card is stolen in the post); where we haven't told you how you can contact us to notify us that your card Card or security details have been lost, stolen or compromised; if we fail to apply procedures that we're legally required to use to check that a payment has been authorised by you or a supplementary cardmemberSupplementary Cardmember; not authorised by you or a supplementary cardmember Supplementary Cardmember or any person you or a supplementary cardmember Supplementary Cardmember allowed, in breach of the agreement, to use your account Account or cardCard; made by a person you or a supplementary cardmember Supplementary Cardmember allowed, in breach of the agreement, to use your account Account or card Card after you tell us you suspect your account Account is being misused. You're responsible if you or a supplementary cardmemberSupplementary Cardmember: use your account Account or card Card fraudulently; allowed someone else to use your account Account or cardCard, including if someone else is allowed to access a mobile phone or other device on which your card Card has been registered (for example, by giving them your passcode or by letting them register their fingerprint on it) but you won't be responsible for any transactions made by a person you or a supplementary cardmember Supplementary Cardmember allowed to use your account Account or card Card after you tell us you suspect your account Account is being misused. If there are errors in a transaction and this is our fault, we'll give you a refund. We may then resubmit the correct transaction. If upon contacting us, you wish to dispute a transaction, we'll initiate an inquiry and may suspend the transaction on your account Account if we reasonably consider there to be a valid dispute. Once investigations are complete, we'll adjust your account Account accordingly. Transactions for unexpected amounts If you make a purchase within the European Economic Area and, at the time that you authorised it, you didn't know exactly how much you were going to be charged (for example, at a hotel check-in) you can request a refund from us if the amount charged is more than you reasonably expect and you ask for the refund within 8 weeks from the date of the statement on which the purchase appears. You'll need to provide us with all the information we reasonably ask for and we may provide this information (including personal information) to third parties investigating your claim. We'll conclude our investigation within 10 business days of us receiving all required information and either make the refund or tell you why we've refused your claim. You're not entitled to a refund if you or a supplementary cardmember Supplementary Cardmember gave consent for a transaction directly to us and, at least four weeks before the transaction was made, you were given information about the transaction (or it was made available to you) by us or the retailer. For example, at the time you placed an order, the exact amount was unknown but was later confirmed to you at least four weeks before your card Card was charged. Incorrect balance/money transfers We’ll refund the amount of a balance/money transfer and any interest, fees or charges we charge you as a result without undue delay if you instruct us to make a transfer and it is incorrectly made or it never arrives. If you give us the wrong details for a balance/money transfer or we can show that the bank we made the payment to did receive it, we won’t have to give you a refund but we'll help you to recover the money (we may charge a fee to cover our costs). Theft, loss or misuse of the card Card or account Account You or a supplementary cardmember Supplementary Cardmember must: sign the card Card and keep it safe and secure (including using device passcodes, biometric data or other security details where applicable); not let others use the account Account or card Card and regularly check you still have the cardCard; not give the card Card or card Card number to anyone else other than us, or for the purpose of making a transaction and not share your security details with anyone else (other than us or a TPP if it's necessary to do so); choose a PIN or passcode that is not easy to guess. If you or a supplementary cardmemberSupplementary Cardmember, register a card Card for use on a mobile phone or other device, you or the supplementary cardmemberSupplementary Cardmember, must: keep it and your security details safe and secure at all times, in the same way you would your card Card or PIN; always use the lock feature on the phone or other device, where applicable; never share your security details or allow another person to have access to the device in a way which allows them to make transactions using the card Card registered on the device. You or a supplementary cardmember Supplementary Cardmember must tell us straight away if you suspect: a card Card has been lost or stolen or not received; a mobile phone or other device to which a card Card has been registered has been lost, stolen or compromised; someone else knows a PIN or other security details; or the account Account or a card Card is being misused or used without authorisation, or a transaction on the account Account has not been authorised or has been processed incorrectly. Our contact details are at the beginning of this agreement. If the use of a card Card is stopped for any reason, the use of all other cards Cards issued on your account Account may also be stopped at the same time. If you register for online account services, you must keep your security details (such as your username, password or other details) and also your mobile phone or other device safe and secure. How much and when you must pay You must pay the minimum payment by the payment due date shown on your statement but you can always pay more than the minimum payment due. If we don't ask you to pay any arrears, they'll be due with your minimum payment. We'll use any payment you make to pay off arrears before any other amounts you owe us. We won't treat any payment we make into your account Account or any refund given by a retailer for a purchase as payment made by you. If you pay more than you owe us under this agreement, we'll return the amount you've overpaid. 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 Account you hold with us. If you send payments together and don't clearly designate the account to be paid, we may apply payments to any account. We'll apply any payment to your account Account on the day we receive it, as long as this is within our business hours. We'll apply any payment we receive after that time on the next business day. How we apply payments We pay off amounts you owe at the highest interest rates before amounts charged at lower interest rates and we'll apply payments to amounts that have appeared as outstanding on your statements before amounts that have not yet appeared as outstanding on your statements. Missing payments Missing payments can have serious consequences. It could mean: if you miss a payment, you‘ll lose any promotional interest rates on your account Account which means any remaining promotional balances will be charged interest at your standard rate; you have to pay additional charges or costs; your credit rating may be affected, making it more difficult or expensive to obtain credit; and legal action (which could include getting a court order giving us the right to payment out of the sale proceeds for your home or other property) or bankruptcy proceedings may be taken against you to recover any debt owed under this agreement. Payments into your account Account by mistake If we make a payment into your account Account by mistake or as a result of a systems error, we'll automatically take the amount out of your accountAccount. If we're told that a payment from within the EEA was made into your account Account as a result of someone else's mistake (for example, if the payer gave the wrong account Account number or reference), but, when we contact you, you tell us the payment was intended for you, we're legally required to share all relevant information including your name and address and transaction information with the bank the payment came from if they ask us so that the payer may contact you. Supplementary cardmembers Cardmembers At your request, we may issue cards Cards on your account Account to supplementary cardmembersSupplementary Cardmembers. You must make sure that supplementary cardmembers Supplementary Cardmembers keep to this agreement. You're responsible for all use of your account Account by supplementary cardmembers Supplementary Cardmembers and anyone they allow to use your accountAccount. This means you must repay all transactions they make. If you want to end a supplementary cardmemberSupplementary Cardmember's right to use your account Account you must tell us. As a business Cardmember, any Supplementary Cardmember must be a co-owner, partner, director, committee member, or employee of the business. Converting transactions made in a foreign currency If we receive a transaction or refund for processing in a foreign currency, we'll our rate-setting affiliate, AE Exposure Management Limited (“AEEML”) will convert it into Pounds Sterling on the date it's 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 applied on the date of your transaction or refund. Exchange rate fluctuations can be significant. If the transaction or refund is in U.S. Dollars, we'll AEEML will convert it directly into Pounds Sterling. In all other cases, we'll AEEML will convert it into U.S. Dollars first and then into Pounds Sterling but we'll only charge one non- non-sterling transaction fee. The exchange rate we use AEEML uses, which is called the “American Express Exchange Rate”, will be: the rate required by law or customarily used in the territory where the transaction or refund is made, or where this doesn't apply; • .  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 day from daily between Monday to Friday (including bank holidays) and Friday, except for Christmas Day and New Year's ’s Day. You can find our rates via the 'My account' section of the online account centre or by calling us. The total cost of converting your currency (we call this ‘the Currency Conversion Charge’) consists of the American Express Exchange Rate and the non-sterling transaction fee. Regulation requires us to provide you with information to enable you to compare the cost of the Currency Conversion Charge with reference rates issued by the European Central Bank. This information can be found on our website. You agree you are acting only for the purposes of your trade, business or profession when using the Card and acknowledge and agree that we are not required to send any notifications to you relating to Currency Conversion Charges, as required by Regulation (EU) 2019/518. When you make a transaction in a foreign currency, you may be given the option of allowing a third party (for example, the retailer) to convert your transaction into Pounds Sterling before submitting it to us. If you decide to do this, the exchange rate and any commission or charge will be set by the third party and may include a commission or charge. As we'll receive a transaction converted by a third party in Pounds Sterling, we won't apply a non-sterling transaction fee. Statements and legal notices We'll send statements to you by your chosen method at least once a month (1) if there has been any account Account activity or (2) if there has been a Base Rate change and otherwise once every 12 months. This could be by post, by email to the email address you've most recently given to us, by posting them in the online account centre or by making them available to you in any other lawfully permitted manner. We may send you notices (including any information we're legally required to send you, such as information about changes to this agreement or other agreements we have with you) on or together with your statements. In addition to payment information, each statement will show all transactions and amounts charged to your account Account in the statement period and the total account Account balance. Always check each statement and contact us as soon as possible if you need more information about anything. If you receive statements online, 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 receive statements by post, we'll send statements (and any notices we're required by law to provide) by post, addressed to you, at the latest billing address on our records. Contacting you We may send you important messages and other communications (including alerts about certain activity on your accountAccount) about your accountAccount, card Card or card Card benefits in line with your preferences. This could be by email or SMS, on your statements or by posting them in the online account centre, for example, we may send you an alert to confirm that you've updated your contact information. There are some messages we need to send you (such as statements of your account Account or security alerts), but you can opt out of receiving other alerts or communications (such as marketing) by contacting us using the online account centre or by calling us. If we need to contact you about any actual or suspected fraud or security threats, we'll do this using the fastest and most secure way of contacting you (for example, we may try to send you a text message rather than calling you). Changing your contact details We'll use your most recent contact details to contact you. You must notify us immediately if you change the mailing address or email address we send statements or notices to. We may update your contact details if we receive information that they have changed or are incorrect. If we've 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. Any legal notices will be posted to the online account centre or sent to your last known mailing address or email address. Suspending your account Account We may suspend your account Account or any feature on your account Account if: you tell us to close your account Account or we tell you we are closing your accountAccount; • we consider it necessary for the security of the account; • you're in breach of the agreement; • we suspect unauthorised, improper and/or fraudulent use; • we reasonably think there's a significantly increased risk that you'll not be able to repay us; and • you've repaid more in interest and charges than the amount you've borrowed on your card for a sustained period. We'll normally notify you beforehand or immediately afterwards and may provide you with the reasons. If your account is suspended, you (and any supplementary cardmember) must not use the card and inform retailers not to seek to take any further payments from your account. We'll allow you to use the account, if the reasons we suspended your account in the first place no longer apply. You can tell us this is the case and request reinstatement via our website or by calling us. Ending your agreement This agreement is we

Appears in 1 contract

Sources: Credit Card Agreement

TPP. If we do, we'll tell you why in the way we think most appropriate (unless doing so would compromise our reasonable security measures or otherwise be unlawful). How you can authorise and cancel transactions To authorise a transaction you can: • present a card or provide your account details and, if requiredreq uired, use your security details (such as a PIN, passcode, personal identifiers, biometric data or other details); or • give us an instruction to make a balance/money transfer (by giving us the account details you want to send a payment to) and answer the questions we ask using your security details to verify that the instruction is from you. We may deactivate contactless payments at any time. You can't cancel purchases you make with a card but you can cancel other transactions that you've asked us to make in the future or regular reg ular payments (such as annual membership fees) if you ask us before the end of the business day before they are due to be made. When we can refuse to make authorise a transaction We may refuse to authorise a transaction if: • we have reasonable grounds to suspect unauthorised un authorised or improper improp er use or fraud; • we reasonably consider that acting on your instructions might lead to: o a breach of law, regulationreg ulation, code or other obligation; or o action from a government, law enforcement agency or regulator; • we're legally required leg ally req uired to; • use of the card would be prohibited; • your card has been temporarily suspended as part of a Financial Relief Programme; • you have insufficient funds; or • the transaction would exceed a transaction limit of some sort or take your account over your credit limit. You may not use your account for illegal illeg al activities or in a manner which disguises the true nature of the transaction, for example, by obtaining cash through a transaction which you know will be treated as a purchase of goods and services, using your account to send funds to yourself through a payment processor, or by using your card at a merchant you own or control. If we do refuse a transaction, you'll normally be told at the point of sale. In all cases, you can find out about abo ut transactions we've refused, including the reasons why or any limits we may have put on your card, by calling us. We'll let you know this information unless the law or any regulation reg ulation prevents us from doing so or for fraud prevention or security reasons. If we don't authorise a transaction or a retailer doesn't accept the card we're not responsible for any loss. Transactions you haven't authorised You're not responsible for any transactions: • made using the actual card before you receive it (for example, if your card is stolen in the post); • where we haven't told you how you can contact us to notify us that your card or security details have been lost, stolen or compromised; • if we fail to apply procedures that we're legally required leg ally req uired to use to check that a payment has been authorised by you or a supplementary cardmember; • not authorised by you or a supplementary cardmember or any person you or a supplementary cardmember allowed, in breach of the agreement, to use your account or card; • made by a person you or a supplementary cardmember allowed, in breach of the agreement, to use your account or card after you tell us you suspect your account is being misused. You're responsible if you or a supplementary cardmember: • use your account or card fraudulentlyfraud ulently; • allowed someone else to use your account or card, including if someone someo ne else is allowed to access a mobile phone or other device on which your card has been registered (for example, by giving them your passcode or by letting them register their fingerprint on it) but you won't be responsible for any transactions made by a person you or a supplementary cardmember allowed to use your account or card after you tell us you suspect your account is being misused. If there are errors in a transaction and this is our fault, we'll give you a refund. We may then resubmit the correct transaction. If upon contacting us, you wish to dispute a transaction, we'll 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'll adjust your account accordingly. Transactions for unexpected amounts If you make a purchase within the European Economic Area and, at the time that you authorised it, you didn't know exactly how much you were going to be charged (for example, at a hotel check-in) you can request req uest a refund from us if the amount charged is more than you reasonably expect and you ask for the refund within 8 weeks from the date of the statement on which the purchase appears. You'll need to provide us with all the information we reasonably ask for and we may provide this information (including personal information) to third parties investigating your claim. We'll conclude our investigation within 10 business days of us receiving all required req uired information and either make the refund or tell you why we've refused your claim. You're not entitled to a refund if you or a supplementary cardmember gave consent for a transaction directly to us and, at least four weeks before the transaction was mademad e, you were given information about abo ut the transaction (or it was made available to you) by us or the retailer. For example, at the time you placed an order, the exact amount was unknown but was later confirmed to you at least four weeks before your card was charged. Incorrect balance/money transfers We’ll refund the amount of a balance/money transfer and any interest, fees or charges we charge you as a result without undue delay if you instruct us to make a transfer and it is incorrectly made or it never arrives. If you give us the wrong details for a balance/money transfer or we can show that the bank we made the payment to did receive it, we won’t have to give you a refund but we'll help you to recover the money (we may charge a fee to cover our costs). Theft, loss or misuse of the card or account You or a supplementary cardmember must: • sign the card and keep it safe and secure (including using device passcodes, biometric data or other security details where applicable); • not let others use the account or card and regularly reg ularly check you still have the card; • not give the card or card number to anyone else other than us, or for the purpose of making a transaction and not share your security details with anyone else (other than us or a TPP if it's necessary to do so); • choose a PIN or passcode that is not easy to guess. If you or a supplementary cardmember, register a card for use on a mobile phone or other device, you or the supplementary cardmember, must: • keep it and your security details safe and secure at all times, in the same way you would your card or PIN; • always use the lock feature on the phone or other device, where applicable; • never share your security details or allow another person to have access to the device in a way which allows them to make transactions using the card registered on the device. You or a supplementary cardmember must tell us straight away if you suspect: • a card has been lost or stolen or not received; • a mobile phone or other device to which a card has been registered has been lost, stolen or compromised; • someone else knows a PIN or other security details; or • the account or a card is being misused or used without authorisation, or a transaction on the account has not been authorised or has been processed incorrectly. Our contact details are at the beginning of this agreement. If the use of a card is stopped for any reason, the use of all other cards issued on your account may also be stopped at the same time. If you register for online account services, you must keep your security details (such as your username, password or other details) and also your mobile phone or other device safe and secure. How much and when you must pay You must pay the minimum payment by the payment due date shown on your statement but you can always pay more than the minimum payment due. If we don't ask you to pay any arrears, they'll be due with your minimum paymentpayment unless a Financial Relief Programme has been agreed with you in which case the minimum amount you must pay will be as communicated to you. We'll use any payment you make to pay off arrears before any other amounts you owe us. We won't treat any payment we make into your account or any refund given by a retailer for a purchase as payment made by you. If you pay more than you owe us under this agreement, we'll return the amount you've overpaid. 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 abo ut or permit you to use. You must make a separate sep arate payment for each account you hold with us. If you send payments together and don't clearly designate the account to be paid, we may apply payments to any account. We'll apply any payment to your account on the day we receive it, as long as this is within our business hours. We'll apply any payment we receive after that time on the next business day. How we apply payments We pay off amounts you owe at the highest interest rates before amounts charged at lower interest rates and we'll apply payments to amounts that have appeared on your statements before amounts that have not yet appeared on your statements. Missing payments Missing payments can have serious consequencesconseq uences. It could mean: • if you miss a payment, you‘ll lose any promotional interest rates on your account which means any remaining promotional promotion al balances will be charged interest at your standard rate; • you may lose any financial relief interest rates or Financial Relief Programmes on your account; • you have to pay additional charges or costs; • your credit rating may be affected, making it more difficult or expensive to obtain credit; and • legal leg al action (which could include getting a court order giving us the right to payment out of the sale proceeds for your home or other property) or bankruptcy proceedings may be taken against ag ainst you to recover any debt owed under this agreement. Payments into your account by mistake If we make a payment into your account by mistake or as a result of a systems error, we'll automatically take the amount out of your account. If we're told that a payment from within the EEA was made into your account as a result of someone else's mistake (for example, if the payer gave the wrong account number or reference), but, when we contact you, you tell us the payment was intended for you, we're legally required leg ally req uired to share all relevant information including your name and address and transaction information with the bank the payment came from if they ask us so that the payer may contact you. Supplementary cardmembers At your requestreq uest, we may issue cards on your account to supplementary cardmembers. You must make sure that supplementary cardmembers keep to this agreement. You're responsible for all use of your account by supplementary cardmembers and anyone they allow to use your account. This means you must repay all transactions they make. If you want to end a supplementary cardmember's right to use your account you must tell us. Converting transactions made in a foreign currency If we receive a transaction or refund for processing in a foreign currency, we'll our currency conversion affiliate, AE Exposure Management Limited (“AEEML”) will convert it into Pounds Sterling on the date it's 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 applied on the date of your transaction or refund. Exchange rate fluctuations can be significant. If the transaction or refund is in U.S. Dollars, we'll AEEML will convert it directly into Pounds Sterling. In all other cases, we'll AEEML will convert it into U.S. Dollars first and then into Pounds Sterling but we'll only charge one non- non-sterling transaction fee. We don’t charge a non-sterling transaction fee for converting refunds. Refunds of transactions (including the non-sterling transaction fee applied at the time it was mad e) will be converted at the prevailing rate: this means that the refund applied to your account could be less or more than the original transaction amount shown on your statement. The exchange rate AEEML uses (we use call this the American Express Exchange Rate) will be: • the rate required req uired by law or customarily used in the territory where the transaction or refund is made, or where this doesn't apply; • 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 day from Monday to Friday (including bank holidays) except for Christmas Day and New Year's Day. You can find our rates via the 'My account' section of the online account centre or by calling us. The total cost of converting your currency (we call this the Currency Conversion Charge) consists of the American Express Exchan ge Rate and the non-sterling transaction fee. Reg ulation req uires us to provide you with information to en able you to compare the Currency Conversion Charge with reference rates issued by the European Central Bank. This information can be found on our website. When you make a transaction in a foreign currency, you may be given the option of allowing a third party (for example, the retailer) to convert your transaction into Pounds Sterling before submitting it to us. If you decide to do this, the exchange exchan ge rate and any commission or charge will be set by the third party and may include a commission or chargeparty. As we'll receive a transaction converted by a third party in Pounds Poun ds Sterling, we won't apply a non-non- sterling transaction fee. Statements and legal notices We'll send statements to you by your chosen method at least once a month (1) if there has been any account activity or (2) if there has been a Base Rate change and otherwise once every 12 months. This could be by post, by email to the email address you've most recently given to us, by posting them in the online account centre or by making them available to you in any other lawfully permitted manner. We may send you notices (including any information we're legally required leg ally req uired to send you, such as information about changes abo ut chan ges to this agreement or other agreements we have with you) on or together with your statements. In addition to payment information, each statement will show all transactions and amounts charged to your account in the statement period and the total account balance. Always check each statement and contact us as soon as possible if you need more information about anything. If you receive statements online, you should make sure you regularly reg ularly check this information and any mail we post to you electronically in the same way you would written mail. We will send to you by email and post some notices we're required by law to provide. These notices will be addressed to you and sent to the latest billing ad dress on our records. If you receive statements by post, we'll send the statements (and any notices we're required req uired by law to provide) provide by post, addressed to you, at the latest billing address on our records. Contacting you We may send you important messages messag es and other communications (including alerts about abo ut certain activity on your account) about your account, card account or card benefits in line with your preferences. This could be by email or SMS, on your statements or by posting them in the online account centre, for example, we may send you an alert to confirm that you've updated your contact information. There are some messages messag es we need to send you (such as statements of your account or security alerts), but you can opt out of receiving other alerts or communications (such as marketing) by contacting us using the online account centre or by calling us. If we need to contact you about any actual or suspected fraud or security threats, we'll do this using the fastest and most secure way of contacting you (for example, we may try to send you a text message rather than calling you). Changing your contact details We'll use your most recent contact details to contact you. You must notify us immediately if you change the mailing address or email address we send statements or notices to. We may update your contact details if we receive information that they have changed or are incorrect. If we've 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. Any legal notices will be posted to the online account centre or sent to your last known mailing address or email address. Suspending your account We may suspend your account or any feature on your account if: • you tell us to close your account or we tell you we are closing your account; • we consider it necessary for the security of the account; • you're in breach of the agreement; • we suspect unauthorised, improper and/or fraudulent use; • we reasonably think there's a significantly increased risk that you'll not be able to repay us; and • you've repaid more in interest and charges than the amount you've borrowed on your card for a sustained period. We'll normally notify you beforehand or immediately afterwards and may provide you with the reasons. If your account is suspended, you (and any supplementary cardmember) must not use the card and inform retailers not to seek to take any further payments from your account. We'll allow you to use the account, if the reasons we suspended your account in the first place no longer apply. You can tell us this is the case and request reinstatement via our website or by calling us. Ending your agreement This agreement isha

Appears in 1 contract

Sources: Credit Card Agreement

TPP. If we do, we'll ’ll tell you why in the way we think most appropriate (unless doing so would compromise our reasonable appropriate. We won’t tell you if the law stops us from telling you or if it wouldn’t be safe for security measures or otherwise be unlawful)reasons. How you can authorise and cancel transactions To authorise approve a transaction you can: • present a card can use your Card or provide your account Account details and, if required, use your security details (such as a PIN, passcode, personal identifiers, biometric data or other details); . You may allow a third party nominee (including a bank or another company) to service certain elements of your Account. You can find more details about what this third party can do in the application form. Before you do this, you must give us an instruction details of this third party and we must agree to make them being a balance/money transfer (by giving third party nominee on your Account. You agree that we can accept instructions from the third party, including instructions on payments in and out of your Account. You will be responsible for any such instructions or payments we receive from the third party and continue to be responsible for your obligations under this agreement. If the third party does not act on your instructions and this makes you breach this agreement, that is your responsibility. You must let us know if you don’t want us to accept instructions from the account details you want third party. You agree that any notice or communication under this agreement sent to send a payment to) and answer the questions third party nominee will be as if we ask using your security details sent it to verify that the instruction is from you. We may deactivate still send you any notices or information and communicate directly with you under this agreement. We may for any reason refuse to communicate with the third party and we’ll communicate with you directly instead. You agree that we can pay any and all annual or other government charges/ duties payable by you because you have an Account or a Card. We‘ll pay these charges/duties when they need to be paid from your Account. You are responsible for paying us the amount of any such charges/duties as if they were a transaction on your Account. We may remove your ability to make contactless payments at any time. You can't n’t cancel purchases you make with a card Card but you can cancel other transactions that you've ’ve asked us to make in the future or regular payments (such as annual membership monthly subscription fees) if you ask us before the end of the business day before they are due to be made. When we This means on Monday-Friday from 9am-5pm and excludes any weekends and public holidays. For example, if you have a monthly subscription fee that is due to be charged to your Account on a Tuesday, you can refuse ask us to make a transaction cancel this payment up to the end of the business day on Monday. We may refuse to authorise not allow a transaction if: • we have reasonable grounds to reasonably suspect that the use of your Account is unauthorised or improper use or fraudfraudulent; • we reasonably consider that acting on your instructions might lead to: o a breach of law, regulation, code or other obligation; or o action from a government, law enforcement agency or regulator; • we're ’re legally required tonot to allow the transaction; • use of the card Card would be prohibited; • you have insufficient fundsyour Card has been temporarily suspended; or • the transaction would exceed a transaction limit of some sort or take your account Account over your credit spending limit. You may not use your account Account for illegal activities or in a manner way which disguises the true nature of the transaction, for example, : • by obtaining cash through a transaction which you know will be treated as a purchase of goods and services, services – this is often known as ‘asking for cashback’; • using your Account to send funds to yourself through a payment processor; or by using your card Card at a merchant retailer you own or control. If we do refuse don’t allow a transaction, you'll ’ll normally be told at the point of saletime you make the transaction. In all cases, you You can always find out about transactions we've ’ve refused, including the reasons why or and any limits we may have put on your cardCard, by calling us. We'll let We won’t be able to give you know this information unless if the law or any regulation prevents stops us from doing so telling you, not telling you will help prevent fraud or for fraud prevention or where there are other security reasonsreasons which mean we can’t tell you. If we don't authorise n’t allow a transaction or a retailer doesn't n’t accept the card Card we're ’re not responsible for any loss. Transactions you haven't authorised You're ’re not responsible for any transactions: • made using the actual card physical Card (or any other physical payment device we may provide) before you receive it (for example, if your card Card is stolen in the post); • where we haven't n’t told you how you can contact us to notify tell us that your card Card or security details have been lost, stolen or compromised; • if we fail to apply procedures that we're ’re legally required to use to check that a payment has been authorised approved by you or a supplementary cardmemberSupplementary Cardmember; • which are not authorised approved by you or a supplementary cardmember Supplementary Cardmember or any other person you or a supplementary cardmember allowed, in breach of the agreement, Supplementary Cardmember allowed to use your account Account or card; • made by a Card (even though you should be aware that you are not actually permitted to allow any other person you or a supplementary cardmember allowed, in breach of the agreement, to use your account Account or card after you tell us you suspect your account is being misusedCard). You're ’re responsible if you or a supplementary cardmemberSupplementary Cardmember: • use your account Account or card Card fraudulently; • have failed to keep your Card or security details safe – either intentionally or by being very careless; where this happens, you’ll be responsible for all payments from your Account until you’ve told us that your Card or security details have been lost, stolen or compromised, or you suspect misuse; • have failed to tell us straight away that your Card or security details have been lost or stolen – either intentionally or by being very careless; • allowed someone else to use your account Account or cardCard, including if someone else is allowed to access a mobile phone or other device on which your card Card has been registered (for example, by giving them your passcode or by letting them register their fingerprint on it) but ). Where this happens, you won't n’t be responsible for any transactions made by a person you or a supplementary cardmember Supplementary Cardmember allowed to use your account Account or card Card after you tell us you suspect your account Account is being misused. You must contact us as soon as you notice an unauthorised transaction on your Card or Account. We’ll refund the amount of the unauthorised payment as soon as possible, and always before the end of the working day after you tell us (unless we suspect you have acted fraudulently). Once we’ve completed our investigations, if we find you weren’t entitled to a refund, we’ll take back any amount we refunded to your Account. If there are errors in a transaction and this is our fault, we'll ’ll give you a refund. We may then resubmit the correct transaction. If upon contacting us, you wish to dispute a transaction, we'll 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'll adjust your account accordingly. Transactions for unexpected amounts If you make a purchase within the UK or the European Economic Area andand you have been charged more than you were expecting, at we may refund the time that you authorised it, amount of the purchase. We’ll only refund the purchase if: • you didn't n’t know exactly how much you were going to be charged when you approved the payment (for example, when using your Card to check- in at a hotel check-in) you can request a refund from us if the amount charged is more than you reasonably expect and hotel); • you ask for the refund within 8 weeks from the date of the statement on which the purchase appears. You'll need to provide ; • you give us with all the information we reasonably ask for and we for. We may provide this any information you share with us (including personal information) to third parties investigating your claim. We'll conclude ’ll let you know the outcome of our investigation within 10 business days of us receiving all required the information and either we ask for from you. We’ll make the refund or tell you why we've ’ve refused your claim. You're ’re not entitled to a refund if if: • you or a supplementary cardmember Supplementary Cardmember gave consent for a transaction directly to us and, us; • at least four weeks before the transaction was made, you were given information about the transaction (or it was made available to you) by us or the retailer. For retailer (for example, at the time you placed an order, the exact amount of the purchase was unknown but it was later confirmed to you at least four weeks before your card Card was charged. Incorrect balance/money transfers We’ll refund the amount of a balance/money transfer and any interest, fees or charges we charge you as a result without undue delay if you instruct us to make a transfer and it is incorrectly made or it never arrives. If you give us the wrong details for a balance/money transfer or we can show that the bank we made the payment to did receive it, we won’t have to give you a refund but we'll help you to recover the money (we may charge a fee to cover our costs). Theft, loss or misuse of the card or account You or a supplementary cardmember Supplementary Cardmember must: • sign the card Card and keep it safe and secure (including using device passcodes, biometric data or other security details where applicable); • not let others use the account Account or card and Card; • regularly check you still have the cardCard; • not give the card or card your Card number to anyone else else, other than usus or a TPP if it’s necessary to share the number so you can use the TPP’s services, or if using it for the purpose of making a transaction transaction. We’ll never call you and ask for your full Card number; • not give your physical Card to anyone else except when you need to present your Card to pay for goods or services. We’ll never ask for your physical Card; • not share your security details details, which are used to verify your identity, with anyone else (other than us or a TPP if it's ’s necessary to do soshare your details so you can use the TPP’s services); • not share your full Card PIN number or the password for your American Express online services with anyone. We’ll never ask you for this information; and • choose a PIN or passcode that is not easy to guess. If you or a supplementary cardmember, Supplementary Cardmember register a card Card for use on a mobile phone or other device, you or the supplementary cardmemberSupplementary Cardmember, must: • keep it and your security details safe and secure at all times, in the same way you would your card or PIN; • always use the lock feature on the phone or other phone/device, where applicable; • never share your security details or allow another person to have access to the device in a way which allows them to make transactions using the card Card registered on the device. You or a supplementary cardmember Supplementary Cardmember must tell us straight away if you suspect: • a card Card has been lost or stolen or has not been received; • a mobile phone or other device to which a card Card has been registered has been lost, stolen or compromised; • someone else knows a PIN or other security details; or • the account Account or a card Card is being misused or used without authorisationyour permission, or a transaction on the account has Account was not been authorised approved or has been processed incorrectly. Our contact details are at the beginning of this agreement. If the use of we need to stop you or a card is stopped Supplementary Cardmember using a Card for any reason, the use of all other cards Cards issued on your account Account may also be stopped at the same time. If you register for online account Online Account services, you must keep your security details (such as your username, password or other details) and also your mobile phone or other device safe and secure. How much and when you must pay You must pay the minimum payment by the payment due date shown on your statement but you can always pay more than the minimum payment due. If we don't ask you to pay any arrears, they'll be due with your minimum payment. We'll use any payment you make to pay off arrears before any other amounts you owe us. We won't treat any payment we make into your account or any refund given by a retailer for a purchase as payment made by you. If you pay more than you owe us under this agreement, we'll return the amount you've overpaid. How to pay You must make payments to us in Pounds Sterling by any method set out on your statement or any other method we otherwise tell you about or permit allow you to use. If you are unable to pay your Account this way due to personal circumstances, please contact us, using the contact details provided above, to discuss this. You must make payments to us in the currency of your Card Account. For example, • if you hold a US Dollar Card you must pay us in US Dollars, • if you hold a Euro Card you must pay us in Euros, If you make payments in a different currency, we may refuse to accept the payment. If we accept the payment, we’ll change it into the correct currency. We’ll use the standard exchange rate we set on the date we receive the payment unless the law tells us to use a particular rate. In this case, there may be a delay before the payment is added to your Account. We may also impose additional charges for converting payments into a different currency (including any currency conversion costs we incur). You must make a separate payment for each account Account you hold with us. If you send payments together and don't n’t clearly designate tell us which Account the account to be paidpayment is for, we may apply the payments to any accountof your Accounts. We'll ’ll apply any the payment to your account Account on the day we receive it, as long as this is within our business hours. We'll After that time, we’ll apply any payment we receive after that time it on the next business day. How This means on Monday-Friday from 9am-5pm and excludes any weekends and public holidays. All transactions are subject to additional checks, and we apply may contact you for further information. We’ll normally use payments We made to your Account to pay off amounts any fees and charges you owe at to us first. We’ll do this in the highest interest rates before amounts following order: • any Cardmembership fee and Supplementary fees; • service charges (for example, statement copy fees); • late payment fees; • other fees charged at lower interest rates and we'll apply payments to amounts by us that appear as a separate item on your monthly statement, (for example, returned payment fees); • collection charges; • transactions that have appeared on your statements before amounts monthly statement; and • transactions that have not yet appeared on your statementsmonthly statement. Missing payments More details on these fees and charges are included above – see “Fees and charges” section. Missing payments can have serious consequences. It could mean: • if you miss a payment, you‘ll lose any promotional interest rates on your account which means any remaining promotional balances will be charged interest at your standard rate; • you have to pay additional charges or costs; • in the UK your credit rating may be affected, making it more difficult or expensive to obtain credit; and • we take legal action (which could include getting a court order giving us the right to payment out of the sale proceeds for your home or other property) or bankruptcy proceedings may be taken against you to recover any debt owed under this agreement. Payments into your account by mistake If you are struggling to make a payment or think you may have difficulty making a payment in the future, please contact us and let us know as soon as possible. If we make a payment into your account Account by mistake or as a result of a systems error, we'll ’ll automatically take the amount out of your accountAccount. If we're Sometimes we may be told that a payment from within the EEA European Economic Area (EEA) was made into your account Account as a result of someone else's ’s mistake (for example, if the payer person making the payment gave the wrong account Account number or reference), but, when . When we contact you, you may disagree it was a mistake and tell us the payment was intended for you, we're legally required . If that happens we have to share all relevant information (including your name and address and transaction information information) with the other bank involved in the payment came from if they ask us so that the payer may contact you. Supplementary cardmembers At your request, we may issue cards on your account to supplementary cardmembers. You must make sure that supplementary cardmembers keep to this agreement. You're responsible for all use of your account by supplementary cardmembers and anyone they allow to use your account. This means you must repay all transactions they make. If you want to end a supplementary cardmember's right to use your account you must tell us. Converting transactions made in a foreign currency If we receive a transaction or refund for processing in a foreign currency, we'll convert it into Pounds Sterling on the date it's 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 applied on the date of your transaction or refund. Exchange rate fluctuations can be significant. If the transaction or refund is in U.S. Dollars, we'll convert it directly into Pounds Sterling. In all other cases, we'll convert it into U.S. Dollars first and then into Pounds Sterling but we'll only charge one non- sterling transaction feeto. The exchange rate we use will be: • the rate required by law or customarily used in the territory where the transaction or refund is made, or where this doesn't apply; • 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 day from Monday to Friday (including other bank holidays) except for Christmas Day and New Year's Day. You can find our rates via the 'My account' section of the online account centre or by calling us. When you make a transaction in a foreign currency, you may be given the option of allowing a third party (for example, the retailer) to convert your transaction into Pounds Sterling before submitting it to us. If you decide to do this, the exchange rate and any commission or charge will be set by the third party and may include a commission or charge. As we'll receive a transaction converted by a third party in Pounds Sterling, we won't apply a non-sterling transaction fee. Statements and legal notices We'll send statements to you by your chosen method at least once a month (1) if there has been any account activity or (2) if there has been a Base Rate change and otherwise once every 12 months. This could be by post, by email to the email address you've most recently given to us, by posting them in the online account centre or by making them available to you in any other lawfully permitted manner. We may send you notices (including any information we're legally required to send you, such as information about changes to this agreement or other agreements we have with you) on or together with your statements. In addition to payment information, each statement will show all transactions and amounts charged to your account in the statement period and the total account balance. Always check each statement and contact us as soon as possible if you need more information about anything. If you receive statements online, you should make sure you regularly check pass this information and any mail we post to you electronically in their customer to help them claim the same way you would written mail. If you receive statements by post, we'll send statements (and any notices we're required by law to provide) by post, addressed to money back from you, at the latest billing address on our records. Contacting you We may send you important messages and other communications (including alerts about certain activity on your account) about your account, card or card benefits in line with your preferences. This could be by email or SMS, on your statements or by posting them in the online account centre, for example, we may send you an alert to confirm that you've updated your contact information. There are some messages we need to send you (such as statements of your account or security alerts), but you can opt out of receiving other alerts or communications (such as marketing) by contacting us using the online account centre or by calling us. If we need to contact you about any actual or suspected fraud or security threats, we'll do this using the fastest and most secure way of contacting you (for example, we may try to send you a text message rather than calling you). Changing your contact details We'll use your most recent contact details to contact you. You must notify us immediately if you change the mailing address or email address we send statements or notices to. We may update your contact details if we receive information that they have changed or are incorrect. If we've 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. Any legal notices will be posted to the online account centre or sent to your last known mailing address or email address. Suspending your account We may suspend your account or any feature on your account if: • you tell us to close your account or we tell you we are closing your account; • we consider it necessary for the security of the account; • you're in breach of the agreement; • we suspect unauthorised, improper and/or fraudulent use; • we reasonably think there's a significantly increased risk that you'll not be able to repay us; and • you've repaid more in interest and charges than the amount you've borrowed on your card for a sustained period. We'll normally notify you beforehand or immediately afterwards and may provide you with the reasons. If your account is suspended, you (and any supplementary cardmember) must not use the card and inform retailers not to seek to take any further payments from your account. We'll allow you to use the account, if the reasons we suspended your account in the first place no longer apply. You can tell us this is the case and request reinstatement via our website or by calling us. Ending your agreement This agreement is.

Appears in 1 contract

Sources: Charge Card Agreement

TPP. If we do, we'll tell you why in the way we think most appropriate (unless doing so would compromise our reasonable security measures or otherwise be unlawful)) . How you can authorise and cancel transactions To authorise a transaction you can: • present a card or provide your account details and, if required, use your security details (such as a PIN, passcode, personal identifiers, biometric data or other details); or • give us an instruction to make a balance/money transfer (by giving us the account details you want to send a payment to) and answer the questions questio ns we ask using your security details to verify that the instruction is from you. We may deactivate contactless payments at any time. You can't cancel purchases you make with a card but you can cancel other transactions that you've asked us to make in the future or regular payments (such as annual membership fees) if you ask us before the end of the business day before they are due to be made. When we can refuse to make authorise a transaction We may refuse to authorise a transaction if: • we have reasonable grounds to suspect unauthorised or improper use or fraud; • we reasonably consider that acting on your instructions might lead to: o a breach of law, regulation, code or other obligation; or o action from a government, law enforcement agency or regulator; • we're legally required to; • use of the card would be prohibited; • your card has been temporarily suspended as part of a Financial Relief Programme; • you have insufficient funds; or • the transaction would exceed a transaction limit of some sort or take your account over your credit limit. You may not use your account for illegal activities or in a manner which disguises the true nature of the transaction, for example, by obtaining cash through th rough a transaction which you know will be treated as a purchase of goods and services, using your account to send funds to yourself through a payment processor, or by using your card at a merchant you own or control. If we do refuse a transaction, you'll normally be told at the point of sale. In all cases, you can find out about transactions we've refused, including the reasons why or any limits we may have put on your card, by calling us. We'll let you know this information unless the law or any regulation prevents us from doing so or for fraud prevention or security reasons. If we don't authorise a transaction or a retailer doesn't accept the card we're not responsible for any loss. Transactions you haven't authorised You're not responsible for any transactions: • made using the actual card before you receive it (for example, if your card is stolen in the post); • where we haven't told you how you can contact us to notify us that your card or security details have been lost, stolen or compromised; • if we fail to apply procedures that we're legally required to use to check that a payment has been authorised by you or a supplementary cardmember; • not authorised by you or a supplementary cardmember or any person you or a supplementary cardmember allowed, in breach of the agreement, to use your account or card; • made by a person you or a supplementary cardmember allowed, in breach of the agreement, to use your account or card after you tell us you suspect your account is being misused. You're responsible if you or a supplementary cardmember: • use your account or card fraudulently; • allowed someone else to use your account or card, including if someone else is allowed to access a mobile phone or other device on which your card has been registered (for example, by giving them your passcode or by letting them register their fingerprint on it) but you won't be responsible for any transactions made by a person you or a supplementary cardmember allowed to use your account or card after you tell us you suspect your account is being misused. If there are errors in a transaction and this is our fault, we'll give you a refund. We may then resubmit the correct transaction. If upon contacting us, you wish to dispute a transaction, we'll 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'll adjust your account accordingly. Transactions for unexpected amounts If you make a purchase within the European Economic Area and, at the time that th at you authorised it, you didn't know exactly how much you were going to be charged (for example, at a hotel check-in) you can request a refund from us if the amount charged is more than you reasonably expect and you ask for the refund within 8 weeks from the date of the statement on which the purchase appears. You'll need to provide us with all the information we reasonably ask for and we may provide this information (including personal information) to third parties investigating your claim. We'll conclude our investigation within 10 business days of us receiving all required information and either make the refund or tell you why we've refused your claim. You're not entitled to a refund if you or a supplementary cardmember gave consent for a transaction directly to us and, at least four weeks before the transaction was made, you were given information about the transaction (or it was made available to you) by us or the retailer. For example, at the time you placed an order, the exact amount was unknown but was later confirmed to you at least four weeks before your card was charged. Incorrect balance/money transfers We’ll refund the amount of a balance/money transfer and any interest, fees or charges we charge you as a result without undue delay if you instruct us to make a transfer and it is incorrectly made or it never arrives. If you give us the wrong details for a balance/money transfer or we can show that the bank we made the payment to did receive it, we won’t have to give you a refund but we'll help you to recover the money (we may charge a fee to cover our costs). Theft, loss or misuse of the card or account You or a supplementary cardmember must: • sign the card and keep it safe and secure (including using device passcodes, biometric data or other security details where applicable); • not let others use the account or card and regularly check you still have the card; • not give the card or card number to anyone else other than us, or for the purpose of making a transaction and not share your security details with anyone else (other than us or a TPP if it's necessary to do so); • choose a PIN or passcode that is not easy to guess. If you or a supplementary cardmember, register a card for use on a mobile phone or other device, you or the supplementary cardmember, must: • keep it and your security details safe and secure at all times, in the same way you would your card or PIN; • always use the lock feature on the phone or other device, where applicable; • never share your security details or allow another person to have access to the device in a way which allows them to make transactions using the card registered on the device. You or a supplementary cardmember must tell us straight away if you suspect: • a card has been lost or stolen or not received; • a mobile phone or other device to which a card has been registered has been lost, stolen or compromised; • someone else knows a PIN or other security details; or • the account or a card is being misused or used without authorisation, or a transaction on the account has not been authorised or has been processed incorrectly. Our contact details are at the beginning of this agreement. If the use of a card is stopped for any reason, the use of all other cards issued on your account may also be stopped at the same time. If you register for online account services, you must keep your security details (such as your username, password or other details) and also your mobile phone or other device safe and secure. How much and when you must pay You must pay the minimum payment by the payment due date shown on your statement but you can always pay more than the minimum payment due. If we don't ask you to pay any arrears, they'll be due with your minimum paymentpayment unless a Financial Relief Programme has been agreed with you in which case the minimum amount you must pay will be as communicated to you. We'll use any payment you make to pay off arrears before any other amounts you owe us. We won't treat any payment we make into your account or any refund given by a retailer for a purchase as payment made by you. If you pay more than you owe us under this agreement, we'll return the amount you've overpaid. 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 don't clearly designate the account to be paid, we may apply payments to any account. We'll apply any payment to your account on the day we receive it, as long as this is within our business hours. We'll apply any payment we receive after that time on the next business day. How we apply payments We pay off amounts you owe at the highest interest rates before amounts charged at lower interest rates and we'll apply payments to amounts that have appeared on your statements before amounts that have not yet appeared on your statements. Missing payments Missing payments can have serious consequences. It could mean: • if you miss a payment, you‘ll lose any promotional interest rates on your account which means any remaining promotional balances will be charged interest at your standard rate; • you may lose any financial relief interest rates or Financial Relief Programmes on your account; • you have to pay additional charges or costs; • your credit rating may be affected, making it more difficult or expensive to obtain credit; and • legal action (which could include getting a court order giving us the right to payment out of the sale proceeds for your home or other property) or bankruptcy proceedings may be taken against you to recover any debt owed under this agreement. Payments into your account by mistake If we make a payment into your account by mistake or as a result of a systems error, we'll automatically take the amount out of your account. If we're told that a payment from within the EEA was made into your account as a result of someone else's mistake (for example, if the payer gave the wrong account number or reference), but, when we contact you, you tell us the payment was intended for you, we're legally required to share all relevant information including your name and address and transaction information with the bank the payment came from if they ask us so that the payer may contact you. Supplementary cardmembers At your request, we may issue cards on your account to supplementary cardmembers. You must make sure that supplementary cardmembers keep to this agreement. You're responsible for all use of your account by supplementary cardmembers and anyone they allow to use your account. This means you must repay all transactions they make. If you want to end a supplementary cardmember's right to use your account you must tell us. Converting transactions made in a foreign currency If we receive a transaction or refund for processing in a foreign currency, we'll our currency conversion affiliate, AE Exposure Management Limited (“AEEML”) will convert it into Pounds Sterling on the date it's 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 applied on the date of your transaction or refund. Exchange rate fluctuations can be significant. If the transaction or refund is in U.S. Dollars, we'll AEEML will convert it directly into Pounds Sterling. In all other cases, we'll AEEML will convert it into U.S. Dollars first and then into Pounds Sterling but we'll only charge one non- non-sterling transaction fee. We don’t charge a non -sterling transaction fee for converting refunds. Refunds of transactions (including the non -sterling transaction fee applied at the time it was made) will be converted at the prevailing rate: this means that the refund applied to your account could be less or more than the original transaction amount shown on your statement. The exchange rate AEEML uses (we use call this the American Express Exchange Rate) will be: • the rate required by law or customarily used in the territory where the transaction or refund is made, or where this doesn't apply; • 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 day from Monday to Friday (including bank holidays) except for Christmas Day and New Year's Day. You can find our rates via the 'My account' section of the online account centre or by calling us. The total cost of converting your currency (we call this the Currency Conversion Charge) consists of the American Express Exchange Rate and the non -sterling transaction fee. Regulation requires us to provide you with information to enable you to compare the Currency Conversion Charge with reference rates issued by the European Central Bank. This information can be found on our website. When you make a transaction in a foreign currency, you may be given the option of allowing a third party (for example, the retailer) to convert your transaction into Pounds Sterling before submitting it to us. If you decide to do this, the exchange rate and any commission or charge will be set by the third party and may include a commission or chargeparty. As we'll receive a transaction converted by a third party in Pounds Sterling, we won't apply a non-non- sterling transaction fee. Statements and legal notices We'll send statements to you by your chosen method at least once a month (1) if there has been any account activity or (2) if there has been a Base Rate change and otherwise once every 12 months. This could be by post, by email to the email address you've yo u've most recently given to us, by posting them in the online account centre or by making them available to you in any other lawfully permitted manner. We may send you notices (including any information we're legally required to send you, such as information about changes to this agreement or other agreements we have with you) on or together with your statements. In addition to payment information, each statement will show all transactions and amounts charged to your account in the statement period and the total account balance. Always check each statement and contact us as soon as possible if you need more information about anything. If you receive statements online, 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. We wi ll send to you by email and post some notices we're required by law to provide. These notices will be addressed to you and sent to the latest billing address on our records. If you receive statements by post, we'll send the statements (and any notices we're required by law to provide) provide by post, addressed to you, at the latest billing address on our records. Contacting you We may send you important messages and other communications (including alerts about certain activity on your account) about your account, card account or card benefits in line with your preferences. This could be by email or SMS, on your statements or by posting them in the online account centre, for example, we may send you an alert to confirm that you've updated your contact information. There are some messages we need to send you (such as statements of your account or security alerts), but you can opt out of receiving other alerts or communications (such as marketing) by contacting us using the online account centre or by calling us. If we need to contact you about any actual or suspected fraud or security threats, we'll do this using the fastest and most secure way of contacting you (for example, we may try to send you a text message rather than calling you). Changing your contact details We'll use your most recent contact details to contact you. You must notify us immediately if you change the mailing address or email address we send statements or notices to. We may update your contact details if we receive information that they have changed or are incorrect. If we've 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. Any legal notices will be posted to the online account centre or sent to your last known mailing address or email address. Suspending your account We may suspend your account or any feature on your account if: • you tell us to close your account or we tell you we are closing your account; • we consider it necessary for the security of the account; • you're in breach of the agreement; • we suspect unauthorised, improper and/or fraudulent use; • we reasonably think there's a significantly increased risk that you'll not be able to repay us; and • you've repaid more in interest and charges than the amount you've borrowed on your card for a sustained period. We'll normally notify you beforehand or immediately afterwards and may provide you with the reasons. If your account is suspended, you (and any supplementary cardmember) must not use the card and inform retailers not to seek to take any further payments from your account. We'll allow you to use the account, if the reasons we suspended your account in the first place no longer apply. You can tell us this is the case and request reinstatement via our website or by calling us. Ending your agreement This agreement is've

Appears in 1 contract

Sources: Credit Card Agreement

TPP. If we do, we'll tell you why in the way we think most appropriate (unless doing so would compromise our reasonable security measures or otherwise be unlawful). How you can authorise and cancel transactions To authorise a transaction you can: • present a card or provide your account details and, if required, use your security details (such as a PIN, passcode, personal identifiers, biometric data or other details); or • give us an instruction to make a balance/money transfer (by giving us the account details you want to send a payment to) and answer the questions we ask using your security details to verify that the instruction is from you. We may deactivate contactless payments at any time. You can't cancel purchases you make with a card but you can cancel other transactions that you've asked us to make in the future or regular payments (such as annual membership fees) if you ask us before the end of the business day before they are due to be made. When we can refuse to make a transaction We may refuse to authorise a transaction if: • we have reasonable grounds to suspect unauthorised or improper use or fraud; • we reasonably consider that acting on your instructions might lead to: o a breach of law, regulation, code or other obligation; or o action from a government, law enforcement agency or regulator; • we're legally required to; • use of the card would be prohibited; • you have insufficient funds; or • the transaction would exceed a transaction limit of some sort or take your account over your credit limit. You may not use your account for illegal activities or in a manner which disguises the true nature of the transaction, for example, by obtaining cash through a transaction which you know will be treated as a purchase of goods and services, or by using your card at a merchant you own or control. If we do refuse a transaction, you'll normally be told at the point of sale. In all cases, you can find out about transactions we've refused, including the reasons why or any limits we may have put on your card, by calling us. We'll let you know this information unless the law or any regulation prevents us from doing so or for fraud prevention or security reasons. If we don't authorise a transaction or a retailer doesn't accept the card we're not responsible for any loss. Transactions you haven't authorised You're not responsible for any transactions: • made using the actual card before you receive it (for example, if your card is stolen in the post); • where we haven't told you how you can contact us to notify us that your card or security details have been lost, stolen or compromised; • if we fail to apply procedures that we're legally required to use to check that a payment has been authorised by you or a supplementary cardmember; • not authorised by you or a supplementary cardmember or any person you or a supplementary cardmember allowed, in breach of the agreement, to use your account or card; • made by a person you or a supplementary cardmember allowed, in breach of the agreement, to use your account or card after you tell us you suspect your account is being misused. You're responsible if you or a supplementary cardmember: • use your account or card fraudulently; • allowed someone else to use your account or card, including if someone else is allowed to access a mobile phone or other device on which your card has been registered (for example, by giving them your passcode or by letting them register their fingerprint on it) but you won't be responsible for any transactions made by a person you or a supplementary cardmember allowed to use your account or card after you tell us you suspect your account is being misused. If there are errors in a transaction and this is our fault, we'll give you a refund. We may then resubmit the correct transaction. If upon contacting us, you wish to dispute a transaction, we'll 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'll adjust your account accordingly. Transactions for unexpected amounts If you make a purchase within the European Economic Area and, at the time that you authorised it, you didn't know exactly how much you were going to be charged (for example, at a hotel check-in) you can request a refund from us if the amount charged is more than you reasonably expect and you ask for the refund within 8 weeks from the date of the statement on which the purchase appears. You'll need to provide us with all the information we reasonably ask for and we may provide this information (including personal information) to third parties investigating your claim. We'll conclude our investigation within 10 business days of us receiving all required information and either make the refund or tell you why we've refused your claim. You're not entitled to a refund if you or a supplementary cardmember gave consent for a transaction directly to us and, at least four weeks before the transaction was made, you were given information about the transaction (or it was made available to you) by us or the retailer. For example, at the time you placed an order, the exact amount was unknown but was later confirmed to you at least four weeks before your card was charged. Incorrect balance/money transfers We’ll refund the amount of a balance/money transfer and any interest, fees or charges we charge you as a result without undue delay if you instruct us to make a transfer and it is incorrectly made or it never arrives. If you give us the wrong details for a balance/money transfer or we can show that the bank we made the payment to did receive it, we won’t have to give you a refund but we'll help you to recover the money (we may charge a fee to cover our costs). Theft, loss or misuse of the card or account You or a supplementary cardmember must: • sign the card and keep it safe and secure (including using device passcodes, biometric data or other security details where applicable); • not let others use the account or card and regularly check you still have the card; • not give the card or card number to anyone else other than us, or for the purpose of making a transaction and not share your security details with anyone else (other than us or a TPP if it's necessary to do so); • choose a PIN or passcode that is not easy to guess. If you or a supplementary cardmember, register a card for use on a mobile phone or other device, you or the supplementary cardmember, must: • keep it and your security details safe and secure at all times, in the same way you would your card or PIN; • always use the lock feature on the phone or other device, where applicable; • never share your security details or allow another person to have access to the device in a way which allows them to make transactions using the card registered on the device. You or a supplementary cardmember must tell us straight away if you suspect: • a card has been lost or stolen or not received; • a mobile phone or other device to which a card has been registered has been lost, stolen or compromised; • someone else knows a PIN or other security details; or • the account or a card is being misused or used without authorisation, or a transaction on the account has not been authorised or has been processed incorrectly. Our contact details are at the beginning of this agreement. If the use of a card is stopped for any reason, the use of all other cards issued on your account may also be stopped at the same time. If you register for online account services, you must keep your security details (such as your username, password or other details) and also your mobile phone or other device safe and secure. How much and when you must pay You must pay the minimum payment by the payment due date shown on your statement but you can always pay more than the minimum payment due. If we don't ask you to pay any arrears, they'll be due with your minimum payment. We'll use any payment you make to pay off arrears before any other amounts you owe us. We won't treat any payment we make into your account or any refund given by a retailer for a purchase as payment made by you. If you pay more than you owe us under this agreement, we'll return the amount you've overpaid. 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 don't clearly designate the account to be paid, we may apply payments to any account. We'll apply any payment to your account on the day we receive it, as long as this is within our business hours. We'll apply any payment we receive after that time on the next business day. How we apply payments We pay off amounts you owe at the highest interest rates before amounts charged at lower interest rates and we'll apply payments to amounts that have appeared on your statements before amounts that have not yet appeared on your statements. Missing payments Missing payments can have serious consequences. It could mean: • if you miss a payment, you‘ll lose any promotional interest rates on your account which means any remaining promotional balances will be charged interest at your standard rate; • you have to pay additional charges or costs; • your credit rating may be affected, making it more difficult or expensive to obtain credit; and • legal action (which could include getting a court order giving us the right to payment out of the sale proceeds for your home or other property) or bankruptcy proceedings may be taken against you to recover any debt owed under this agreement. Payments into your account by mistake If we make a payment into your account by mistake or as a result of a systems error, we'll automatically take the amount out of your account. If we're told that a payment from within the EEA was made into your account as a result of someone else's mistake (for example, if the payer gave the wrong account number or reference), but, when we contact you, you tell us the payment was intended for you, we're legally required to share all relevant information including your name and address and transaction information with the bank the payment came from if they ask us so that the payer may contact you. Supplementary cardmembers At your request, we may issue cards on your account to supplementary cardmembers. You must make sure that supplementary cardmembers keep to this agreement. You're responsible for all use of your account by supplementary cardmembers and anyone they allow to use your account. This means you must repay all transactions they make. If you want to end a supplementary cardmember's right to use your account you must tell us. Converting transactions made in a foreign currency If we receive a transaction or refund for processing in a foreign currency, we'll convert it into Pounds Sterling on the date it's 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 applied on the date of your transaction or refund. Exchange rate fluctuations can be significant. If the transaction or refund is in U.S. Dollars, we'll convert it directly into Pounds Sterling. In all other cases, we'll convert it into U.S. Dollars first and then into Pounds Sterling but we'll only charge one non- sterling transaction fee. The exchange rate we use will be: • the rate required by law or customarily used in the territory where the transaction or refund is made, or where this doesn't apply; • 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 day from Monday to Friday (including bank holidays) , except for Christmas Day and New Year's ’s Day. You can find our rates via the 'My account' section of the online account centre or by calling us. When you make a transaction in a foreign currency, you may be given the option of allowing a third party (for example, the retailer) to convert your transaction into Pounds Sterling before submitting it to us. If you decide to do this, the exchange rate and any commission or charge will be set by the third party and may include a commission or charge. As we'll receive a transaction converted by a third party in Pounds Sterling, we won't apply a non-sterling transaction fee. Statements and legal notices We'll send statements to you by your chosen method at least once a month (1) if there has been any account activity or (2) if there has been a Base Rate change and otherwise once every 12 months. This could be by post, by email to the email address you've most recently given to us, by posting them in the online account centre or by making them available to you in any other lawfully permitted manner. We may send you notices (including any information we're legally required to send you, such as information about changes to this agreement or other agreements we have with you) on or together with your statements. In addition to payment information, each statement will show all transactions and amounts charged to your account in the statement period and the total account balance. Always check each statement and contact us as soon as possible if you need more information about anything. If you receive statements online, 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 receive statements by post, we'll send statements (and any notices we're required by law to provide) by post, addressed to you, at the latest billing address on our records. Contacting you We may send you important messages and other communications (including alerts about certain activity on your account) about your account, card or card benefits in line with your preferences. This could be by email or SMS, on your statements or by posting them in the online account centre, for example, we may send you an alert to confirm that you've updated your contact information. There are some messages we need to send you (such as statements of your account or security alerts), but you can opt out of receiving other alerts or communications (such as marketing) by contacting us using the online account centre or by calling us. If we need to contact you about any actual or suspected fraud or security threats, we'll do this using the fastest and most secure way of contacting you (for example, we may try to send you a text message rather than calling you). Changing your contact details We'll use your most recent contact details to contact you. You must notify us immediately if you change the mailing address or email address we send statements or notices to. We may update your contact details if we receive information that they have changed or are incorrect. If we've 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. Any legal notices will be posted to the online account centre or sent to your last known mailing address or email address. Suspending your account We may suspend your account or any feature on your account if: • you tell us to close your account or we tell you we are closing your account; • we consider it necessary for the security of the account; • you're in breach of the agreement; • we suspect unauthorised, improper and/or fraudulent use; • we reasonably think there's a significantly increased risk that you'll not be able to repay us; and • you've repaid more in interest and charges than the amount you've borrowed on your card for a sustained period. We'll normally notify you beforehand or immediately afterwards and may provide you with the reasons. If your account is suspended, you (and any supplementary cardmember) must not use the card and inform retailers not to seek to take any further payments from your account. We'll allow you to use the account, if the reasons we suspended your account in the first place no longer apply. You can tell us this is the case and request reinstatement via our website or by calling us. Ending your agreement This agreement is.

Appears in 1 contract

Sources: Credit Card Agreement

TPP. If we do, we'll tell you why in the way we think most appropriate (unless doing so would compromise our reasonable security measures or otherwise be unlawful). How you can authorise and cancel transactions To authorise a transaction you can: • present a card or provide your account details and, if required, use your security details (such as a PIN, passcode, personal identifiers, biometric data or other details); or • give us an instruction to make a balance/money transfer (by giving us the account details you want to send a payment to) and answer the questions questio ns we ask using your security details to verify that the instruction is from you. We may deactivate contactless payments at any time. You can't cancel purchases you make with a card but you can cancel other transactions that you've asked us to make in the future or regular payments (such as annual membership fees) if you ask us before the end of the business day before they are due to be made. When we can refuse to make authorise a transaction We may refuse to authorise a transaction if: • we have reasonable grounds to suspect unauthorised or improper use or fraud; • we reasonably consider that acting on your instructions might lead to: o a breach of law, regulation, code or other obligation; or o action from a government, law enforcement agency or regulator; • we're legally required to; • use of the card would be prohibited; • your card has been temporarily suspended as part of a Financial Relief Programme; • you have insufficient funds; or • the transaction would exceed a transaction limit of some sort or take your account over your credit limit. You may not use your account for illegal activities or in a manner which disguises the true nature of the transaction, for example, by obtaining cash through a transaction which you know will be treated as a purchase of goods and services, using your account to send funds to yourself through a payment processor, or by using your card at a merchant you own or control. If we do refuse a transaction, you'll normally be told at the point of sale. In all cases, you can find out about transactions we've refused, including the reasons why or any limits we may have put on your card, by calling us. We'll let you know this information unless the law or any regulation prevents us from doing so or for fraud prevention or security reasons. If we don't authorise a transaction or a retailer doesn't accept the card we're not responsible for any loss. Transactions you haven't authorised You're not responsible for any transactions: • made using the actual card before you receive it (for example, if your card is stolen in the post); • where we haven't told you how you can contact us to notify us that your card or security details have been lost, stolen or compromised; • if we fail to apply procedures that we're legally required to use to check that a payment has been authorised by you or a supplementary cardmember; • not authorised by you or a supplementary cardmember or any person you or a supplementary cardmember allowed, in breach of the agreement, to use your account or card; • made by a person you or a supplementary cardmember allowed, in breach of the agreement, to use your account or card after you tell us you suspect your account is being misused. You're responsible if you or a supplementary cardmember: • use your account or card fraudulently; • allowed someone else to use your account or card, including if someone else is allowed to access a mobile phone or other device on which your card has been registered (for example, by giving them your passcode or by letting them register their fingerprint on it) but you won't be responsible for any transactions made by a person you or a supplementary cardmember allowed to use your account or card after you tell us you suspect your account is being misused. If there are errors in a transaction and this is our fault, we'll give you a refund. We may then resubmit the correct transaction. If upon contacting us, you wish to dispute a transaction, we'll initiate an inquiry and may suspend the transaction on your account if we reasonably consider there to be a valid dispute. Once investigations in vestigations are complete, we'll adjust your account accordingly. Transactions for unexpected amounts If you make a purchase within the European Economic Area and, at the time that th at you authorised it, you didn't know exactly how much you were going to be charged (for example, at a hotel check-in) you can request a refund from us if the amount charged is more than you reasonably expect and you ask for the refund within 8 weeks from the date of the statement on which the purchase appears. You'll need to provide us with all the information we reasonably ask for and we may provide this information (including personal information) to third parties investigating your claim. We'll conclude our investigation within 10 business days of us receiving all required information and either make the refund or tell you why we've refused your claim. You're not entitled to a refund if you or a supplementary cardmember gave consent for a transaction directly to us and, at least four weeks before the transaction was made, you were given information about the transaction (or it was made available to you) by us or the retailer. For example, at the time you placed an order, the exact amount was unknown but was later confirmed to you at least four weeks before your card was charged. Incorrect balance/money transfers We’ll refund the amount of a balance/money transfer and any interest, fees or charges we charge you as a result without undue delay if you instruct us to make a transfer and it is incorrectly made or it never arrives. If you give us the wrong details for a balance/money transfer or we can show that the bank we made the payment to did receive it, we won’t have to give you a refund but we'll help you to recover the money (we may charge a fee to cover our costs). Theft, loss or misuse of the card or account You or a supplementary cardmember must: • sign the card and keep it safe and secure (including using device passcodes, biometric data or other security details where applicable); • not let others use the account or card and regularly check you still have the card; • not give the card or card number to anyone else other than us, or for the purpose of making a transaction and not share your security details with anyone else (other than us or a TPP if it's necessary to do so); • choose a PIN or passcode that is not easy to guess. If you or a supplementary cardmember, register a card for use on a mobile phone or other device, you or the supplementary cardmember, must: • keep it and your security details safe and secure at all times, in the same way you would your card or PIN; • always use the lock feature on the phone or other device, where applicable; • never share your security details or allow another person to have access to the device in a way which allows them to make transactions using the card registered on the device. You or a supplementary cardmember must tell us straight away if you suspect: • a card has been lost or stolen or not received; • a mobile phone or other device to which a card has been registered has been lost, stolen or compromised; • someone else knows a PIN or other security details; or • the account or a card is being misused or used without authorisation, or a transaction on the account has not been authorised or has been processed incorrectly. Our contact details are at the beginning of this agreement. If the use of a card is stopped for any reason, the use of all other cards issued on your account may also be stopped at the same time. If you register for online account services, you must keep your security details (such as your username, password or other details) and also your mobile phone or other device safe and secure. How much and when you must pay You must pay the minimum payment by the payment due date shown on your statement but you can always pay more than the minimum payment due. If we don't ask you to pay any arrears, they'll be due with your minimum paymentpayment unless a Financial Relief Programme has been agreed with you in which case the minimum amount you must pay will be as communicated to you. We'll use any payment you make to pay off arrears before any other amounts you owe us. We won't treat any payment we make into your account or any refund given by a retailer for a purchase as payment made by you. If you pay more than you owe us under this agreement, we'll return the amount you've overpaid. How to pay You must make payments to us in Pounds Sterling by any method set out on your yo ur 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 don't clearly designate the account to be paid, we may apply payments to any account. We'll apply any payment to your account on the day we receive it, as long as this is within our business hours. We'll apply any payment we receive after that time on the next business day. How we apply payments We pay off amounts you owe at the highest interest rates before amounts charged at lower interest rates and we'll apply payments to amounts that have appeared on your statements before amounts that have not yet appeared on your statements. Missing payments Missing payments can have serious consequences. It could mean: • if you miss a payment, you‘ll lose any promotional interest rates on your account which means any remaining promotional balances will be charged interest at your standard rate; • you may lose any financial relief interest rates or Financial Relief Programmes on your account; • you have to pay additional charges or costs; • your credit rating may be affected, making it more difficult or expensive to obtain credit; and • legal action (which could include getting a court order giving us the right to payment out of the sale proceeds for your home or other property) or bankruptcy proceedings may be taken against you to recover any debt owed under this agreement. Payments into your account by mistake If we make a payment into your account by mistake or as a result of a systems error, we'll automatically take the amount out of your account. If we're told that a payment from within the EEA was made into your account as a result of someone else's mistake (for example, if the payer gave the wrong account number or reference), but, when we contact you, you tell us the payment was intended for you, we're legally required to share all relevant information including your name and address and transaction information with the bank the payment came from if they ask us so that the payer may contact you. Supplementary cardmembers At your request, we may issue cards on your account to supplementary cardmembers. You must make sure that supplementary cardmembers keep to this agreement. You're responsible for all use of your account by supplementary cardmembers and anyone they allow to use your account. This means you must repay all transactions they make. If you want to end a supplementary cardmember's right to use your account you must tell us. Converting transactions made in a foreign currency If we receive a transaction or refund for processing in a foreign currency, we'll our currency conversion affiliate, AE Exposure Management Limited (“AEEML”) will convert it into Pounds Sterling on the date it's 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 applied on the date of your transaction or refund. Exchange rate fluctuations can be significant. If the transaction or refund is in U.S. Dollars, we'll AEEML will convert it directly into Pounds Sterling. In all other cases, we'll AEEML will convert it into U.S. Dollars first and then into Pounds Sterling but we'll only charge one non- non-sterling transaction fee. We don’t charge a non -sterling transaction fee for converting refunds. Refunds of transactions (including the non -sterling transaction fee applied at the time it was made) will be converted at the prevailing rate: this means that the refund applied to your account could be less or more than the original transaction amount shown on your statement. The exchange rate AEEML uses (we use call this the American Express Exchange Rate) will be: • the rate required by law or customarily used in the territory where the transaction or refund is made, or where this doesn't apply; • 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 day from Monday to Friday (including bank holidays) except for Christmas Day and New Year's Day. You can find our rates via the 'My account' section of the online account centre or by calling us. The total cost of converting your currency (we call this the Currency Conversion Charge) consists of the American Express Exchange Rate and the non -sterling transaction fee. Regulation requires us to provide you with information to enable you to compare the Currency Conversion Charge with reference rates issued by the European Central Bank. This information can be found on our website. When you make a transaction in a foreign currency, you may be given the option of allowing a third party (for example, the retailer) to convert your transaction into Pounds Sterling before submitting it to us. If you decide to do this, the exchange rate and any commission or charge will be set by the third party and may include a commission or chargeparty. As we'll receive a transaction converted by a third party in Pounds Sterling, we won't apply a non-non- sterling transaction fee. Statements and legal notices We'll send statements to you by your chosen method at least once a month (1) if there has been any account activity or (2) if there has been a Base Rate change and otherwise once every 12 months. This could be by post, by email to the email address you've yo u've most recently given to us, by posting them in the online account centre or by making them available to you in any other lawfully permitted manner. We may send you notices (including any information we're legally required to send you, such as information about changes to this agreement or other agreements we have with you) on or together with your statements. In addition to payment information, each statement will show all transactions and amounts charged to your account in the statement period and the total account balance. Always check each statement and contact us as soon as possible if you need more information about anything. If you receive statements online, 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. We wi ll send to you by email and post some notices we're required by law to provide. These notices will be addressed to you and sent to the latest billing address on our records. If you receive statements by post, we'll send the statements (and any notices we're required by law to provide) provide by post, addressed to you, at the latest billing address on our records. Contacting you We may send you important messages and other communications (including alerts about certain activity on your account) about your account, card account or card benefits in line with your preferences. This could be by email or SMS, on your statements or by posting them in the online account centre, for example, we may send you an alert to confirm that you've updated your contact information. There are some messages we need to send you (such as statements of your account or security alerts), but you can opt out of receiving other alerts or communications (such as marketing) by contacting us using the online account centre or by calling us. If we need to contact you about any actual or suspected fraud or security threats, we'll do this using the fastest and most secure way of contacting you (for example, we may try to send you a text message rather than calling you). Changing your contact details We'll use your most recent contact details to contact you. You must notify us immediately if you change the mailing address or email address we send statements or notices to. We may update your contact details if we receive information that they have changed or are incorrect. If we've 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. Any legal notices will be posted to the online account centre or sent to your last known mailing address or email address. Suspending your account We may suspend your account or any feature on your account if: • you tell us to close your account or we tell you we are closing your account; • we consider it necessary for the security of the account; • you're in breach of the agreement; • we suspect unauthorised, improper and/or fraudulent use; • we reasonably think there's a significantly increased risk that you'll not be able to repay us; and • you've repaid more in interest and charges than the amount you've borrowed on your card for a sustained period. We'll normally notify you beforehand or immediately afterwards and may provide you with the reasons. If your account is suspended, you (and any supplementary cardmember) must not use the card and inform retailers not to seek to take any further payments from your account. We'll allow you to use the account, if the reasons we suspended your account in the first place no longer apply. You can tell us this is the case and request reinstatement via our website or by calling us. Ending your agreement This agreement is've

Appears in 1 contract

Sources: Credit Card Agreement

TPP. If we do, we'll ’ll tell you why in the way we think most appropriate (unless doing so would compromise our reasonable security measures or otherwise be unlawful). How you can authorise and cancel transactions To authorise a transaction you can: • can present a card Card or provide your account Account details and, if required, use your security details (such as a PIN, passcode, personal identifiers, biometric data or other details); . You may authorise a third party nominee (including a bank or other cor- porate entity) to service certain elements of your Account (as set out in the application form). You must give us an instruction details of this person and we must agree to make them before they can be used. You agree that we can accept in- structions on and payments for your Account from such nominee until you tell us otherwise. You will be bound by any such instructions or payments and remain responsible at all times for your obligations under this agree- ment. If your nominee fails to act on your instructions and you are then in breach of this agreement, that is your responsibility. You agree that any notice or communication under this agreement which is sent to your nominee will be deemed sent to you. We may still send you any notices or information and communicate directly with you under this agreement. We may for any reason refuse to deal with your nominee and deal directly with you. You authorise us to pay any and all annual or other government duties pay- able as a balance/money transfer (by giving result of you holding your Account or having a Card, as they be- come due from your Account. You are liable to pay us the account details you want to send amount of such charges as if they were a payment to) and answer the questions we ask using transaction on your security details to verify that the instruction is from youAccount. We may deactivate contactless payments at any time. You can't n’t cancel purchases you make with a card Card but you can cancel other transactions that you've ’ve asked us to make in the future or regular payments pay- ments (such as annual membership fees) if you ask us before the end of the business day before they are due to be made. When we can refuse to make a transaction We may refuse to authorise a transaction if: • we have reasonable grounds to suspect unauthorised or improper use or fraud; • we reasonably consider that acting on your instructions might lead to: o a breach of law, regulation, code or other obligation; or o action from a government, law enforcement agency or regulator; • we're ’re legally required to; • use of the card Card would be prohibited; • you have insufficient funds; or • the transaction would exceed a transaction limit of some sort or take your account Account over your credit spending limit. You may not use your account Account for illegal activities or in a manner which disguises the true nature of the transaction, for example, by obtaining cash through a transaction which you know will be treated as a purchase of goods and services, or by using your card Card at a merchant you own or control. If we do refuse a transaction, you'll ’ll normally be told at the point of sale. In all cases, you can find out about transactions we've ’ve refused, including the reasons why or any limits we may have put on your cardCard, by calling us. We'll let you know this information unless the law or any regulation prevents us from doing so or for fraud prevention or security reasons. If we don't n’t authorise a transaction or a retailer doesn't n’t accept the card Card we're ’re not responsible for any loss. Transactions you haven't authorised You're ’re not responsible for any transactions: • made using the actual card Card before you receive it (for example, if your card Card is stolen in the post); • where we haven't n’t told you how you can contact us to notify us that your card Card or security details have been lost, stolen or compromised; • if we fail to apply procedures that we're ’re legally required to use to check that a payment has been authorised by you or a supplementary cardmemberSupplementary Card- member; • not authorised by you or a supplementary cardmember Supplementary Cardmember or any person you or a supplementary cardmember Supplementary Cardmember allowed, in breach of the agree- ment, to use your Account or Card; • made by a person you or a Supplementary Cardmember allowed, in breach of the agreement, to use your account Account or card; • made by a person you or a supplementary cardmember allowed, in breach of the agreement, to use your account or card Card after you tell us you suspect your account Account is being misused. You're ’re responsible if you or a supplementary cardmemberSupplementary Cardmember: • use your account Account or card Card fraudulently; • have been grossly negligent (in these cases, you’ll be responsible for all payments from your Account until you’ve told us that your Card or security details have been lost, stolen or compromised, or you suspect misuse); • allowed someone else to use your account Account or cardCard, including if someone some- one else is allowed to access a mobile phone or other device on which your card Card has been registered (for example, by giving them your passcode or by letting them register their fingerprint on it) but you won't n’t be responsible for any transactions made by a person you or a supplementary cardmember Supplementary Cardmember allowed to use your account Account or card after Card af- ter you tell us you suspect your account Account is being misused. If there are errors in a transaction and this is our fault, we'll ’ll give you a refund. We may then resubmit the correct transaction. If upon contacting You must contact us as soon as you notice an unauthorised transaction has been made from your Account. We’ll refund the amount of the unau- thorised payment as soon as we reasonably can, and, in any event, before the end of the working day after you tell us. Once we’ve completed our investigations, if we find you wish weren’t entitled to dispute a transactionrefund, we'll 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'll ’ll adjust your account Account accordingly. Transactions for unexpected amounts If you make a purchase within the European Economic Area and, at the time that you authorised it, you didn't n’t know exactly how much you were going to be charged (for example, at a hotel check-in) you can request a refund from us if the amount charged is more than you reasonably expect and you ask for the refund within 8 weeks from the date of the statement on which the purchase appears. You'll ’ll need to provide us with all the information we reasonably ask for and we may provide this information (including personal information) to third parties investigating your claim. We'll ’ll conclude our investigation within 10 business days of us receiving all required information and either make the refund or tell you why we've ’ve refused your claim. You're ’re not entitled to a refund if you or a supplementary cardmember Supplementary Cardmember gave consent for a transaction directly to us and, at least four weeks before the transaction was made, you were given information about the transaction (or it was made available to you) by us or the retailer. For exampleex- ample, at the time you placed an order, the exact amount was unknown but was later confirmed to you at least four weeks before your card Card was charged. Incorrect balance/money transfers We’ll refund the amount of a balance/money transfer and any interest, fees or charges we charge you as a result without undue delay if you instruct us to make a transfer and it is incorrectly made or it never arrives. If you give us the wrong details for a balance/money transfer or we can show that the bank we made the payment to did receive it, we won’t have to give you a refund but we'll help you to recover the money (we may charge a fee to cover our costs). Theft, loss or misuse of the card or account You or a supplementary cardmember Supplementary Cardmember must: • sign the card Card and keep it safe and secure (including using device passcodespass- codes, biometric data or other security details where applicable); • not let others use the account Account or card Card and regularly check you still have the cardCard; • not give the card Card or card Card number to anyone else other than us, or for the purpose of making a transaction and not share your security details with anyone else (other than us or a TPP if it's ’s necessary to do so); • choose a PIN or passcode that is not easy to guess. If you or a supplementary cardmemberSupplementary Cardmember, register a card Card for use on a mobile phone or other device, you or the supplementary cardmemberSupplementary Cardmember, must: • keep it and your security details safe and secure at all times, in the same way you would your card Card or PIN; • always use the lock feature on the phone or other device, where applicableapplica- ble; • never share your security details or allow another person to have access to the device in a way which allows them to make transactions using the card Card registered on the device. You or a supplementary cardmember Supplementary Cardmember must tell us straight away if you suspectsus- pect: • a card Card has been lost or stolen or not received; • a mobile phone or other device to which a card Card has been registered has been lost, stolen or compromised; • someone else knows a PIN or other security details; or • the account Account or a card Card is being misused or used without authorisation, or a transaction on the account Account has not been authorised or has been processed incorrectly. Our contact details are at the beginning of this agreement. If the use of a card Card is stopped for any reason, the use of all other cards issued Cards is- sued on your account Account may also be stopped at the same time. If you register for online account Account services, you must keep your security details (such as your username, password or other details) and also your mobile phone or other device safe and secure. How much and when you must pay You must pay the minimum payment by the payment due date shown on your statement but you can always pay more than the minimum payment due. If we don't ask you to pay any arrears, they'll be due with your minimum payment. We'll use any payment you make to pay off arrears before any other amounts you owe us. We won't treat any payment we make into your account or any refund given by a retailer for a purchase as payment made by you. If you pay more than you owe us under this agreement, we'll return the amount you've overpaid. 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. If you about hold a US Dollar Card you must pay us in US Dollars, if you hold a Euro Card you must pay us in Euros and if you hold a Sterling Card, you must pay us in Pounds Sterling. If you pay in another currency to the one stated above, we may refuse to accept the payment. If we do accept it, we will change it into the correct currency at the standard rate we set on the date we receive the payment unless the law requires us to use a particular rate. In this case, or permit if you pay using a cheque drawn on a bank Account outside of the UK, there may be a delay before the payment is credited to useyour Account. We may impose additional charges for converting payments including any currency conversion cost incurred by us. You must make a separate payment for each account Account you hold with us. If you send payments together and don't n’t clearly designate the account Account to be paid, we may apply payments to any accountAccount. We'll ’ll apply any payment to your account Account on the day we receive it, as long as this is within our business hours. We'll ’ll apply any payment we receive after that time on the next business day. How we apply payments We pay off amounts you owe at the highest interest rates before amounts charged at lower interest rates and we'll We’ll normally apply payments to amounts your Account in the following order: • any 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 your statements before amounts a monthly state- ment; and • transactions that have not yet appeared on your statementsmonthly statement. Missing payments Missing payments can have serious consequences. It could mean: • if you miss a payment, you‘ll lose any promotional interest rates on your account which means any remaining promotional balances will be charged interest at your standard rate; • you have to pay additional charges or costs; • your credit rating may be affected, making it more difficult or expensive to obtain credit; and • legal action (which could include getting a court order giving us the right to payment out of the sale proceeds for your home or other property) or bankruptcy proceedings may be taken against you to recover any debt owed under this agreement. Payments into your account by mistake If we make a payment into your account by mistake or as a result of a systems error, we'll automatically take the amount out of your account. If we're told that a payment from within the EEA was made into your account as a result of someone else's mistake (for example, if the payer gave the wrong account number or reference), but, when we contact you, you tell us the payment was intended for you, we're legally required to share all relevant information including your name and address and transaction information with the bank the payment came from if they ask us so that the payer may contact you. Supplementary cardmembers At your request, we may issue cards on your account to supplementary cardmembers. You must make sure that supplementary cardmembers keep to this agreement. You're responsible for all use of your account by supplementary cardmembers and anyone they allow to use your account. This means you must repay all transactions they make. If you want to end a supplementary cardmember's right to use your account you must tell us. Converting transactions made in a foreign currency If we receive a transaction or refund for processing in a foreign currency, we'll convert it into Pounds Sterling on the date it's 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 applied on the date of your transaction or refund. Exchange rate fluctuations can be significant. If the transaction or refund is in U.S. Dollars, we'll convert it directly into Pounds Sterling. In all other cases, we'll convert it into U.S. Dollars first and then into Pounds Sterling but we'll only charge one non- sterling transaction fee. The exchange rate we use will be: • the rate required by law or customarily used in the territory where the transaction or refund is made, or where this doesn't apply; • 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 day from Monday to Friday (including bank holidays) except for Christmas Day and New Year's Day. You can find our rates via the 'My account' section of the online account centre or by calling us. When you make a transaction in a foreign currency, you may be given the option of allowing a third party (for example, the retailer) to convert your transaction into Pounds Sterling before submitting it to us. If you decide to do this, the exchange rate and any commission or charge will be set by the third party and may include a commission or charge. As we'll receive a transaction converted by a third party in Pounds Sterling, we won't apply a non-sterling transaction fee. Statements and legal notices We'll send statements to you by your chosen method at least once a month (1) if there has been any account activity or (2) if there has been a Base Rate change and otherwise once every 12 months. This could be by post, by email to the email address you've most recently given to us, by posting them in the online account centre or by making them available to you in any other lawfully permitted manner. We may send you notices (including any information we're legally required to send you, such as information about changes to this agreement or other agreements we have with you) on or together with your statements. In addition to payment information, each statement will show all transactions and amounts charged to your account in the statement period and the total account balance. Always check each statement and contact us as soon as possible if you need more information about anything. If you receive statements online, 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 receive statements by post, we'll send statements (and any notices we're required by law to provide) by post, addressed to you, at the latest billing address on our records. Contacting you We may send you important messages and other communications (including alerts about certain activity on your account) about your account, card or card benefits in line with your preferences. This could be by email or SMS, on your statements or by posting them in the online account centre, for example, we may send you an alert to confirm that you've updated your contact information. There are some messages we need to send you (such as statements of your account or security alerts), but you can opt out of receiving other alerts or communications (such as marketing) by contacting us using the online account centre or by calling us. If we need to contact you about any actual or suspected fraud or security threats, we'll do this using the fastest and most secure way of contacting you (for example, we may try to send you a text message rather than calling you). Changing your contact details We'll use your most recent contact details to contact you. You must notify us immediately if you change the mailing address or email address we send statements or notices to. We may update your contact details if we receive information that they have changed or are incorrect. If we've 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. Any legal notices will be posted to the online account centre or sent to your last known mailing address or email address. Suspending your account We may suspend your account or any feature on your account if: • you tell us to close your account or we tell you we are closing your account; • we consider it necessary for the security of the account; • you're in breach of the agreement; • we suspect unauthorised, improper and/or fraudulent use; • we reasonably think there's a significantly increased risk that you'll not be able to repay us; and • you've repaid more in interest and charges than the amount you've borrowed on your card for a sustained period. We'll normally notify you beforehand or immediately afterwards and may provide you with the reasons. If your account is suspended, you (and any supplementary cardmember) must not use the card and inform retailers not to seek to take any further payments from your account. We'll allow you to use the account, if the reasons we suspended your account in the first place no longer apply. You can tell us this is the case and request reinstatement via our website or by calling us. Ending your agreement This agreement is.

Appears in 1 contract

Sources: Charge Card Agreement

TPP. If we do, we'll tell you why in the way we think most appropriate (unless doing so would compromise our reasonable security measures or otherwise be unlawful). How you can authorise and cancel transactions To authorise a transaction you can: • present a card or provide your account details and, if required, use your security details (such as a PIN, passcode, personal identifiers, biometric data or other details); or • give us an instruction to make a balance/money transfer (by giving us the account details you want to send a payment to) and answer the questions we ask using your security details to verify that the instruction is from you. We may deactivate contactless payments at any time. You can't cancel purchases you make with a card but you can cancel other transactions that you've asked us to make in the future or regular payments (such as annual membership fees) if you ask us before the end of the business day before they are due to be made. When we can refuse to make authorise a transaction We may refuse to authorise a transaction if: • we have reasonable grounds to suspect unauthorised or improper use or fraud; • we reasonably consider that acting on your instructions might lead to: o a breach of law, regulation, code or other obligation; or o action from a government, law enforcement agency or regulator; • we're legally required to; • use of the card would be prohibited; • your card has been temporarily suspended as part of a Financial Relief Programme; • you have insufficient funds; or • the transaction would exceed a transaction limit of some sort or take your account over your credit limit. You may not use your account for illegal activities or in a manner which disguises the true nature of the transaction, for example, by obtaining cash through a transaction which you know will be treated as a purchase of goods and services, using your account to send funds to yourself through a payment processor, or by using your card at a merchant you own or control. If we do refuse a transaction, you'll normally be told at the point of sale. In all cases, you can find out about transactions we've refused, including the reasons why or any limits we may have put on your card, by calling us. We'll let you know this information unless the law or any regulation prevents us from doing so or for fraud prevention or security reasons. If we don't authorise a transaction or a retailer doesn't accept the card we're not responsible for any loss. Transactions you haven't authorised You're not responsible for any transactions: • made using the actual card before you receive it (for example, if your card is stolen in the post); • where we haven't told you how you can contact us to notify us that your card or security details have been lost, stolen or compromised; • if we fail to apply procedures that we're legally required to use to check that a payment has been authorised by you or a supplementary cardmember; • not authorised by you or a supplementary cardmember or any person you or a supplementary cardmember allowed, in breach of the agreement, to use your account or card; • made by a person you or a supplementary cardmember allowed, in breach of the agreement, to use your account or card after you tell us you suspect your account is being misused. You're responsible if you or a supplementary cardmember: • use your account or card fraudulently; • allowed someone else to use your account or card, including if someone else is allowed to access a mobile phone or other device on which your card has been registered (for example, by giving them your passcode or by letting them register their fingerprint on it) but you won't be responsible for any transactions made by a person you or a supplementary cardmember allowed to use your account or card after you tell us you suspect your account is being misused. If there are errors in a transaction and this is our fault, we'll give you a refund. We may then resubmit the correct transaction. If upon contacting us, you wish to dispute a transaction, we'll initiate an inquiry and may suspend the transaction on your account if we reasonably consider there to be a valid dispute. Once investigations in vestigations are complete, we'll adjust your account accordingly. Transactions for unexpected amounts If you make a purchase within the European Economic Area and, at the time that th at you authorised it, you didn't know exactly how much you were going to be charged (for example, at a hotel check-in) you can request a refund from us if the amount charged is more than you reasonably expect and you ask for the refund within 8 weeks from the date of the statement on which the purchase appears. You'll need to provide us with all the information we reasonably reason ably ask for and we may provide this information (including personal information) to third parties investigating your claim. We'll conclude our investigation within 10 business days of us receiving all required information and either make the refund or tell you why we've refused your claim. You're not entitled to a refund if you or a supplementary cardmember gave consent for a transaction directly to us and, at least four weeks before the transaction was made, you were given information about the transaction (or it was made available to you) by us or the retailer. For example, at the time you placed an order, the exact amount was unknown but was later confirmed to you at least four weeks before your card was charged. Incorrect balance/money transfers We’ll refund the amount of a balance/money transfer and any interest, fees or charges we charge you as a result without undue delay if you instruct us to make a transfer and it is incorrectly made or it never arrives. If you give us the wrong details for a balance/money transfer or we can show that the bank we made the payment to did receive it, we won’t have to give you a refund but we'll help you to recover the money (we may charge a fee to cover our costs). Theft, loss or misuse of the card or account You or a supplementary cardmember must: • sign the card and keep it safe and secure (including using device passcodes, biometric data or other security details where applicable); • not let others use the account or card and regularly check you still have the card; • not give the card or card number to anyone else other than us, or for the purpose of making a transaction and not share your security details with anyone else (other than us or a TPP if it's necessary to do so); • choose a PIN or passcode that is not easy to guess. If you or a supplementary cardmember, register a card for use on a mobile phone or other device, you or the supplementary cardmember, must: • keep it and your security details safe and secure at all times, in the same way you would your card or PIN; • always use the lock feature on the phone or other device, where applicable; • never share your security details or allow another person to have access to the device in a way which allows them to make transactions using the card registered on the device. You or a supplementary cardmember must tell us straight away if you suspect: • a card has been lost or stolen or not received; • a mobile phone or other device to which a card has been registered has been lost, stolen or compromised; • someone else knows a PIN or other security details; or • the account or a card is being misused or used without authorisation, or a transaction on the account has not been authorised or has been processed incorrectly. Our contact details are at the beginning of this agreement. If the use of a card is stopped for any reason, the use of all other cards issued on your account may also be stopped at the same time. If you register for online account services, you must keep your security details (such as your username, password or other details) and also your mobile phone or other device safe and secure. How much and when you must pay You must pay the minimum payment by the payment due date shown on your statement but you can always pay more than the minimum payment due. If we don't ask you to pay any arrears, they'll be due with your minimum paymentpayment unless a Financial Relief Programme has been agreed with you in which case the minimum amount you must pay will be as communicated to you. We'll use any payment you make to pay off arrears before any other amounts you owe us. We won't treat any payment we make into your account or any refund given by a retailer for a purchase as payment made by you. If you pay more than you owe us under this agreement, we'll return the amount you've overpaid. 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 don't clearly designate the account to be paid, we may apply payments to any account. We'll apply any payment to your account on the day we receive it, as long as this is within our business hours. We'll apply any payment we receive after that time on the next business day. How we apply payments We pay off amounts you owe at the highest interest rates before amounts charged at lower interest rates and we'll apply payments to amounts that have appeared on your statements before amounts that have not yet appeared on your statements. Missing payments Missing payments can have serious consequences. It could mean: • if you miss a payment, you‘ll lose any promotional interest rates on your account which means any remaining promotional balances will be charged interest at your standard rate; • you may lose any financial relief interest rates or Financial Relief Programmes on your account; • you have to pay additional charges or costs; • your credit rating may be affected, making it more difficult or expensive to obtain credit; and • legal action (which could include getting a court order giving us the right to payment out of the sale proceeds for your home or other property) or bankruptcy proceedings may be taken against you to recover any debt owed under this agreement. Payments into your account by mistake If we make a payment into your account by mistake or as a result of a systems error, we'll automatically take the amount out of your account. If we're told that a payment from within the EEA was made into your account as a result of someone else's mistake (for example, if the payer gave the wrong account number or reference), but, when we contact you, you tell us the payment was intended for you, we're legally required to share all relevant information including your name and address and transaction information with the bank the payment came from if they ask us so that the payer may contact you. Supplementary cardmembers At your request, we may issue cards on your account to supplementary cardmembers. You must make sure that supplementary cardmembers keep to this agreement. You're responsible for all use of your account by supplementary cardmembers and anyone they allow to use your account. This means you must repay all transactions they make. If you want to end a supplementary cardmember's right to use your account you must tell us. Converting transactions made in a foreign currency If we receive a transaction or refund for processing in a foreign currency, we'll our currency conversion affiliate, AE Exposure Management Limited (“AEEML”) will convert it into Pounds Sterling on the date it's 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 applied on the date of your transaction or refund. Exchange rate fluctuations can be significant. If the transaction or refund is in U.S. Dollars, we'll AEEML will convert it directly into Pounds Sterling. In all other cases, we'll AEEML will convert it into U.S. Dollars first and then into Pounds Sterling but we'll only charge one non- non-sterling transaction fee. We don’t charge a non -sterling transaction fee for converting refunds. Refunds of transactions (including the non -sterling transaction fee applied at the time it was made) will be converted at the prevailing rate: this means that the refund applied to your account could be less or more than the original transaction amount shown on your statement. The exchange rate AEEML uses (we use call this the American Express Exchange Rate) will be: • the rate required by law or customarily used in the territory where the transaction or refund is made, or where this doesn't apply; • 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 day from Monday to Friday (including bank holidays) except for Christmas Day and New Year's Day. You can find our rates via the 'My account' section of the online account centre or by calling us. The total cost of converting your currency (we call this the Currency Conversion Charge) consists of the American Express Exchange Rate and the non -sterling transaction fee. Regulation requires us to provide you with information to enable you to compare the Currency Conversion Charge with reference rates issued by the European Central Bank. This information can be found on our website. When you make a transaction in a foreign currency, you may be given the option of allowing a third party (for example, the retailer) to convert your transaction into Pounds Sterling before submitting it to us. If you decide to do this, the exchange rate and any commission or charge will be set by the third party and may include a commission or chargeparty. As we'll receive a transaction converted by a third party in Pounds Sterling, we won't apply a non-non- sterling transaction fee. Statements and legal notices We'll send statements to you by your chosen method at least once a month (1) if there has been any account activity or (2) if there has been a Base Rate change and otherwise once every 12 months. This could be by post, by email to the email address you've yo u've most recently given to us, by posting them in the online account centre or by making them available to you in any other lawfully permitted manner. We may send you notices (including any information we're legally required to send you, such as information about changes to this agreement or other agreements we have with you) on or together with your statements. In addition to payment information, each statement will show all transactions and amounts charged to your account in the statement period and the total account balance. Always check each statement and contact us as soon as possible if you need more information about anything. If you receive statements online, 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. We wi ll send to you by email and post some notices we're required by law to provide. These notices will be addressed to you and sent to the latest billing address on our records. If you receive statements by post, we'll send the statements (and any notices we're required by law to provide) provide by post, addressed to you, at the latest billing address on our records. Contacting you We may send you important messages and other communications (including alerts about certain activity on your account) about your account, card account or card benefits in line with your preferences. This could be by email or SMS, on your statements or by posting them in the online account centre, for example, we may send you an alert to confirm that you've updated your contact information. There are some messages we need to send you (such as statements of your account or security alerts), but you can opt out of receiving other alerts or communications (such as marketing) by contacting us using the online account centre or by calling us. If we need to contact you about any actual or suspected fraud or security threats, we'll do this using the fastest and most secure way of contacting you (for example, we may try to send you a text message rather than calling you). Changing your contact details We'll use your most recent contact details to contact you. You must notify us immediately if you change the mailing address or email address we send statements or notices to. We may update your contact details if we receive information that they have changed or are incorrect. If we've 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. Any legal notices will be posted to the online account centre or sent to your last known mailing address or email address. Suspending your account We may suspend your account or any feature on your account if: • you tell us to close your account or we tell you we are closing your account; • we consider it necessary for the security of the account; • you're in breach of the agreement; • we suspect unauthorised, improper and/or fraudulent use; • we reasonably think there's a significantly increased risk that you'll not be able to repay us; and • you've repaid more in interest and charges than the amount you've borrowed on your card for a sustained period. We'll normally notify you beforehand or immediately afterwards and may provide you with the reasons. If your account is suspended, you (and any supplementary cardmember) must not use the card and inform retailers not to seek to take any further payments from your account. We'll allow you to use the account, if the reasons we suspended your account in the first place no longer apply. You can tell us this is the case and request reinstatement via our website or by calling us. Ending your agreement This agreement is

Appears in 1 contract

Sources: Credit Card Agreement

TPP. If we do, we'll tell you why in the way we think most appropriate (unless doing so would compromise our reasonable security measures or otherwise be unlawful). How you can authorise and cancel transactions To authorise a transaction you can: present a card or provide your account details and, if required, use your security details (such as a PIN, passcode, personal identifiers, biometric data or other details); or give us an instruction to make a balance/money transfer (by giving us the account details you want to send a payment to) and answer the questions we ask using your security details to verify that the instruction is from you. We may deactivate contactless payments at any time. You can't cancel purchases you make with a card but you can cancel other transactions that you've asked us to make in the future or regular payments (such as annual membership fees) if you ask us before the end of the business day before they are due to be made. When we can refuse to make a transaction We may refuse to authorise a transaction if: we have reasonable grounds to suspect unauthorised or improper use or fraud; we reasonably consider that acting on your instructions might lead to: o a breach of law, regulation, code or other obligation; or o action from a government, law enforcement agency or regulator; we're legally required to; use of the card would be prohibited; you have insufficient funds; or the transaction would exceed a transaction limit of some sort or take your account over your credit limit. You may not use your account for illegal activities or in a manner which disguises the true nature of the transaction, for example, by obtaining cash through a transaction which you know will be treated as a purchase of goods and services, or by using your card at a merchant you own or control. If we do refuse a transaction, you'll normally be told at the point of sale. In all cases, you can find out about transactions we've refused, including the reasons why or any limits we may have put on your card, by calling us. We'll let you know this information unless the law or any regulation prevents us from doing so or for fraud prevention or security reasons. If we don't authorise a transaction or a retailer doesn't accept the card we're not responsible for any loss. Transactions you haven't authorised You're not responsible for any transactions: made using the actual card before you receive it (for example, if your card is stolen in the post); where we haven't told you how you can contact us to notify us that your card or security details have been lost, stolen or compromised; if we fail to apply procedures that we're legally required to use to check that a payment has been authorised by you or a supplementary cardmember; not authorised by you or a supplementary cardmember or any person you or a supplementary cardmember allowed, in breach of the agreement, to use your account or card; made by a person you or a supplementary cardmember allowed, in breach of the agreement, to use your account or card after you tell us you suspect your account is being misused. You're responsible if you or a supplementary cardmember: use your account or card fraudulently; allowed someone else to use your account or card, including if someone else is allowed to access a mobile phone or other device on which your card has been registered (for example, by giving them your passcode or by letting them register their fingerprint on it) but you won't be responsible for any transactions made by a person you or a supplementary cardmember allowed to use your account or card after you tell us you suspect your account is being misused. If there are errors in a transaction and this is our fault, we'll give you a refund. We may then resubmit the correct transaction. If upon contacting us, you wish to dispute a transaction, we'll 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'll adjust your account accordingly. Transactions for unexpected amounts If you make a purchase within the European Economic Area and, at the time that you authorised it, you didn't know exactly how much you were going to be charged (for example, at a hotel check-in) you can request a refund from us if the amount charged is more than you reasonably expect and you ask for the refund within 8 weeks from the date of the statement on which the purchase appears. You'll need to provide us with all the information we reasonably ask for and we may provide this information (including personal information) to third parties investigating your claim. We'll conclude our investigation within 10 business days of us receiving all required information and either make the refund or tell you why we've refused your claim. You're not entitled to a refund if you or a supplementary cardmember gave consent for a transaction directly to us and, at least four weeks before the transaction was made, you were given information about the transaction (or it was made available to you) by us or the retailer. For example, at the time you placed an order, the exact amount was unknown but was later confirmed to you at least four weeks before your card was charged. Incorrect balance/money transfers We’ll refund the amount of a balance/money transfer and any interest, fees or charges we charge you as a result without undue delay if you instruct us to make a transfer and it is incorrectly made or it never arrives. If you give us the wrong details for a balance/money transfer or we can show that the bank we made the payment to did receive it, we won’t have to give you a refund but we'll help you to recover the money (we may charge a fee to cover our costs). Theft, loss or misuse of the card or account You or a supplementary cardmember must: sign the card and keep it safe and secure (including using device passcodes, biometric data or other security details where applicable); not let others use the account or card and regularly check you still have the card; not give the card or card number to anyone else other than us, or for the purpose of making a transaction and not share your security details with anyone else (other than us or a TPP if it's necessary to do so); choose a PIN or passcode that is not easy to guess. If you or a supplementary cardmember, register a card for use on a mobile phone or other device, you or the supplementary cardmember, must: keep it and your security details safe and secure at all times, in the same way you would your card or PIN; always use the lock feature on the phone or other device, where applicable; never share your security details or allow another person to have access to the device in a way which allows them to make transactions using the card registered on the device. You or a supplementary cardmember must tell us straight away if you suspect: a card has been lost or stolen or not received; a mobile phone or other device to which a card has been registered has been lost, stolen or compromised; someone else knows a PIN or other security details; or the account or a card is being misused or used without authorisation, or a transaction on the account has not been authorised or has been processed incorrectly. Our contact details are at the beginning of this agreement. If the use of a card is stopped for any reason, the use of all other cards issued on your account may also be stopped at the same time. If you register for online account services, you must keep your security details (such as your username, password or other details) and also your mobile phone or other device safe and secure. How much and when you must pay You must pay the minimum payment by the payment due date shown on your statement but you can always pay more than the minimum payment due. If we don't ask you to pay any arrears, they'll be due with your minimum payment. We'll use any payment you make to pay off arrears before any other amounts you owe us. We won't treat any payment we make into your account or any refund given by a retailer for a purchase as payment made by you. If you pay more than you owe us under this agreement, we'll return the amount you've overpaid. 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 don't clearly designate the account to be paid, we may apply payments to any account. We'll apply any payment to your account on the day we receive it, as long as this is within our business hours. We'll apply any payment we receive after that time on the next business day. How we apply payments We pay off amounts you owe at the highest interest rates before amounts charged at lower interest rates and we'll apply payments to amounts that have appeared on your statements before amounts that have not yet appeared on your statements. Missing payments Missing payments can have serious consequences. It could mean: if you miss a payment, you‘ll lose any promotional interest rates on your account which means any remaining promotional balances will be charged interest at your standard rate; you have to pay additional charges or costs; your credit rating may be affected, making it more difficult or expensive to obtain credit; and legal action (which could include getting a court order giving us the right to payment out of the sale proceeds for your home or other property) or bankruptcy proceedings may be taken against you to recover any debt owed under this agreement. Payments into your account by mistake If we make a payment into your account by mistake or as a result of a systems error, we'll automatically take the amount out of your account. If we're told that a payment from within the EEA was made into your account as a result of someone else's mistake (for example, if the payer gave the wrong account number or reference), but, when we contact you, you tell us the payment was intended for you, we're legally required to share all relevant information including your name and address and transaction information with the bank the payment came from if they ask us so that the payer may contact you. Supplementary cardmembers At your request, we may issue cards on your account to supplementary cardmembers. You must make sure that supplementary cardmembers keep to this agreement. You're responsible for all use of your account by supplementary cardmembers and anyone they allow to use your account. This means you must repay all transactions they make. If you want to end a supplementary cardmember's right to use your account you must tell us. As a business Cardmember, any Supplementary Cardmember must be a co-owner, partner, director, committee member, or employee of the business. Converting transactions made in a foreign currency If we receive a transaction or refund for processing in a foreign currency, we'll convert it into Pounds Sterling on the date it's 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 applied on the date of your transaction or refund. Exchange rate fluctuations can be significant. If the transaction or refund is in U.S. Dollars, we'll convert it directly into Pounds Sterling. In all other cases, we'll convert it into U.S. Dollars first and then into Pounds Sterling but we'll only charge one non- sterling transaction fee. The exchange rate we use will be: the rate required by law or customarily used in the territory where the transaction or refund is made, or where this doesn't apply; 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 day from Monday to Friday (including bank holidays) except for Christmas Day and New Year's Day. You can find our rates via the 'My account' section of the online account centre or by calling us. When you make a transaction in a foreign currency, you may be given the option of allowing a third party (for example, the retailer) to convert your transaction into Pounds Sterling before submitting it to us. If you decide to do this, the exchange rate and any commission or charge will be set by the third party and may include a commission or charge. As we'll receive a transaction converted by a third party in Pounds Sterling, we won't apply a non-sterling transaction fee. Statements and legal notices We'll send statements to you by your chosen method at least once a month (1) if there has been any account activity or (2) if there has been a Base Rate change and otherwise once every 12 months. This could be by post, by email to the email address you've most recently given to us, by posting them in the online account centre or by making them available to you in any other lawfully permitted manner. We may send you notices (including any information we're legally required to send you, such as information about changes to this agreement or other agreements we have with you) on or together with your statements. In addition to payment information, each statement will show all transactions and amounts charged to your account in the statement period and the total account balance. Always check each statement and contact us as soon as possible if you need more information about anything. If you receive statements online, 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 receive statements by post, we'll send statements (and any notices we're required by law to provide) by post, addressed to you, at the latest billing address on our records. Contacting you We may send you important messages and other communications (including alerts about certain activity on your account) about your account, card or card benefits in line with your preferences. This could be by email or SMS, on your statements or by posting them in the online account centre, for example, we may send you an alert to confirm that you've updated your contact information. There are some messages we need to send you (such as statements of your account or security alerts), but you can opt out of receiving other alerts or communications (such as marketing) by contacting us using the online account centre or by calling us. If we need to contact you about any actual or suspected fraud or security threats, we'll do this using the fastest and most secure way of contacting you (for example, we may try to send you a text message rather than calling you). Changing your contact details We'll use your most recent contact details to contact you. You must notify us immediately if you change the mailing address or email address we send statements or notices to. We may update your contact details if we receive information that they have changed or are incorrect. If we've 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. Any legal notices will be posted to the online account centre or sent to your last known mailing address or email address. Suspending your account We may suspend your account or any feature on your account if: you tell us to close your account or we tell you we are closing your account; we consider it necessary for the security of the account; you're in breach of the agreement; we suspect unauthorised, improper and/or fraudulent use; we reasonably think there's a significantly increased risk that you'll not be able to repay us; and you've repaid more in interest and charges than the amount you've borrowed on your card for a sustained period. We'll normally notify you beforehand or immediately afterwards and may provide you with the reasons. If your account is suspended, you (and any supplementary cardmember) must not use the card and inform retailers not to seek to take any further payments from your account. We'll allow you to use the account, if the reasons we suspended your account in the first place no longer apply. You can tell us this is the case and request reinstatement via our website or by calling us. Ending your agreement This agreement islonge

Appears in 1 contract

Sources: Credit Card Agreement

TPP. If we do, we'll tell you why in the way we think most appropriate (unless doing so would compromise our reasonable security measures or otherwise be unlawful)) . How you can authorise and cancel transactions To authorise a transaction you can: • present a card or provide your account details and, if required, use your security details (such as a PIN, passcode, personal identifiers, biometric data or other details); or • give us an instruction to make a balance/money transfer (by giving us the account details you want to send a payment to) and answer the questions we ask using your security details to verify that the instruction is from you. We may deactivate contactless payments at any time. You can't cancel purchases you make with a card but you can cancel other transactions that you've asked us to make in the future or regular payments (such as annual membership fees) if you ask us before the end of the business day before they are due to be made. When we can refuse to make authorise a transaction We may refuse to authorise a transaction if: • we have reasonable grounds to suspect unauthorised or improper use or fraud; • we reasonably consider that acting on your instructions might lead to: o a breach of law, regulation, code or other obligation; or o action from a government, law enforcement agency or regulator; • we're legally required to; • use of the card would be prohibited; • your card has been temporarily suspended as part of a Financial Relief Programme; • you have insufficient funds; or • the transaction would exceed a transaction limit of some sort or take your account over your credit limit. You may not use your account for illegal activities or in a manner which disguises the true nature of the transaction, for example, by obtaining cash through a transaction which you know will be treated as a purchase of goods and services, using your account to send funds to yourself through a payment processor, or by using your card at a merchant you own or control. If we do refuse a transaction, you'll normally be told at the point of sale. In all cases, you can find out about transactions we've refused, including the reasons why or any limits we may have put on your card, by calling us. We'll let you know this information unless the law or any regulation prevents prev ents us from doing so or for fraud prevention or security reasons. If we don't authorise a transaction or a retailer doesn't accept the card we're not responsible for any loss. Transactions you haven't authorised You're not responsible for any transactions: • made using the actual card before you receive it (for example, if your card is stolen in the post); • where we haven't told you how you can contact us to notify us that your card or security details have been lost, stolen or compromised; • if we fail to apply procedures that we're legally required to use to check that a payment has been authorised by you or a supplementary cardmember; • not authorised by you or a supplementary cardmember or any person you or a supplementary cardmember allowed, in breach of the agreement, to use your account or card; • made by a person you or a supplementary cardmember allowed, in breach of the agreement, to use your account or card after you tell us you suspect your account is being misused. You're responsible if you or a supplementary cardmember: • use your account or card fraudulently; • allowed someone else to use your account or card, including if someone else is allowed to access a mobile phone or other device on which your card has been registered (for example, by giving them your passcode or by letting them register their fingerprint on it) but you won't be responsible for any transactions made by a person you or a supplementary cardmember allowed to use your account or card after you tell us you suspect your account is being misused. If there are errors in a transaction and this is our fault, we'll give you a refund. We may then resubmit the correct transaction. If upon contacting us, you wish to dispute a transaction, we'll initiate an inquiry and may suspend the transaction on your account if we reasonably consider there to be a valid dispute. Once investigations in vestigations are complete, we'll adjust your account accordingly. Transactions for unexpected amounts If you make a purchase within the European Economic Area and, at the time that th at you authorised it, you didn't know exactly how much you were going to be charged (for example, at a hotel check-in) you can request a refund from us if the amount charged is more than you reasonably expect and you ask for the refund within 8 weeks from the date of the statement on which the purchase appears. You'll need to provide us with all the information we reasonably ask for and we may provide this information (including personal information) to third parties investigating your claim. We'll conclude our investigation within 10 business days of us receiving all required information and either make the refund or tell you why we've refused your claim. You're not entitled to a refund if you or a supplementary cardmember gave consent for a transaction directly to us and, at least four weeks before the transaction was made, you were given information about the transaction (or it was made available to you) by us or the retailer. For example, at the time you placed an order, the exact amount was unknown but was later confirmed to you at least four weeks before your card was charged. Incorrect balance/money transfers We’ll refund the amount of a balance/money transfer and any interest, fees or charges we charge you as a result without undue delay if you instruct us to make a transfer and it is incorrectly made or it never arrives. If you give us the wrong details for a balance/money transfer or we can show that the bank we made the payment to did receive it, we won’t have to give you a refund but we'll help you to recover the money (we may charge a fee to cover our costs). Theft, loss or misuse of the card or account You or a supplementary cardmember must: • sign the card and keep it safe and secure (including using device passcodes, biometric data or other security details where applicable); • not let others use the account or card and regularly check you still have the card; • not give the card or card number to anyone else other than us, or for the purpose of making a transaction and not share your security details with anyone else (other than us or a TPP if it's necessary to do so); • choose a PIN or passcode that is not easy to guess. If you or a supplementary cardmember, register a card for use on a mobile phone or other device, you or the supplementary cardmember, must: • keep it and your security details safe and secure at all times, in the same way you would your card or PIN; • always use the lock feature on the phone or other device, where applicable; • never share your security details or allow another person to have access to the device in a way which allows them to make transactions using the card registered on the device. You or a supplementary cardmember must tell us straight away if you suspect: • a card has been lost or stolen or not received; • a mobile phone or other device to which a card has been registered has been lost, stolen or compromised; • someone else knows a PIN or other security details; or • the account or a card is being misused or used without authorisation, or a transaction on the account has not been authorised or has been processed incorrectly. Our contact details are at the beginning of this agreement. If the use of a card is stopped for any reason, the use of all other cards issued on your account may also be stopped at the same time. If you register for online account services, you must keep your security details (such as your username, password or other details) and also your mobile phone or other device safe and secure. How much and when you must pay You must pay the minimum payment by the payment due date shown on your statement but you can always pay more than the minimum payment due. If we don't ask you to pay any arrears, they'll be due with your minimum paymentpayment unless a Financial Relief Programme has been agreed with you in which case the minimum amount you must pay will be as communicated to you. We'll use any payment you make to pay off arrears before any other amounts you owe us. We won't treat any payment we make into your account or any refund given by a retailer for a purchase as payment made by you. If you pay more than you owe us under this agreement, we'll return the amount you've overpaid. 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 don't clearly designate the account to be paid, we may apply payments to any account. We'll apply any payment to your account on the day we receive it, as long as this is within our business hours. We'll apply any payment we receive after that time on the next business day. How we apply payments We pay off amounts you owe at the highest interest rates before amounts charged at lower interest rates and we'll apply payments to amounts that have appeared on your statements before amounts that have not yet appeared on your statements. Missing payments Missing payments can have serious consequences. It could mean: • if you miss a payment, you‘ll lose any promotional interest rates on your account which means any remaining promotional balances will be charged interest at your standard rate; • you may lose any financial relief interest rates or Financial Relief Programmes on your account; • you have to pay additional charges or costs; • your credit rating may be affected, making it more difficult or expensive to obtain credit; and • legal action (which could include getting a court order giving us the right to payment out of the sale proceeds for your home or other property) or bankruptcy proceedings may be taken against you to recover any debt owed under this agreement. Payments into your account by mistake If we make a payment into your account by mistake or as a result of a systems error, we'll automatically take the amount out of your account. If we're told that a payment from within the EEA was made into your account as a result of someone else's mistake (for example, if the payer gave the wrong account number or reference), but, when we contact you, you tell us the payment was intended for you, we're legally required to share all relevant information including your name and address and transaction information with the bank the payment came from if they ask us so that the payer may contact you. Supplementary cardmembers At your request, we may issue cards on your account to supplementary cardmembers. You must make sure that supplementary cardmembers keep to this agreement. You're responsible for all use of your account by supplementary cardmembers and anyone they allow to use your account. This means you must repay all transactions they make. If you want to end a supplementary cardmember's right to use your account you must tell us. Converting transactions made in a foreign currency If we receive a transaction or refund for processing in a foreign currency, we'll our currency conversion affiliate, AE Exposure Management Limited (“AEEML”) will convert it into Pounds Sterling on the date it's 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 applied on the date of your transaction or refund. Exchange rate fluctuations can be significant. If the transaction or refund is in U.S. Dollars, we'll AEEML will convert it directly into Pounds Sterling. In all other cases, we'll AEEML will convert it into U.S. Dollars first and then into Pounds Sterling but we'll only charge one non- non-sterling transaction fee. We don’t charge a non -sterling transaction fee for converting refunds. Refunds of transactions (including the non -sterling transaction fee applied at the time it was made) will be converted at the prevailing rate: this means that the refund applied to your account could be less or more than the original transaction amount shown on your statement. The exchange rate AEEML uses (we use call this the American Express Exchange Rate) will be: • the rate required by law or customarily used in the territory where the transaction or refund is made, or where this doesn't apply; • 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 day from Monday to Friday (including bank holidays) except for Christmas Day and New Year's Day. You can find our rates via the 'My account' section of the online account centre or by calling us. The total cost of converting your currency (we call this the Currency Conversion Charge) consists of the American Express Exchange Rate and the non -sterling transaction fee. Regulation requires us to provide you with information to enable you to compare the Currency Conversion Charge with reference rates issued by the European Central Bank. This information can be found on our website. When you make a transaction in a foreign currency, you may be given the option of allowing a third party (for example, the retailer) to convert your transaction into Pounds Sterling before submitting it to us. If you decide to do this, the exchange rate and any commission or charge will be set by the third party and may include a commission or chargeparty. As we'll receive a transaction converted by a third party in Pounds Sterling, we won't apply a non-non- sterling transaction fee. Statements and legal notices We'll send statements to you by your chosen method at least once a month (1) if there has been any account activity or (2) if there has been a Base Rate change and otherwise once every 12 months. This could be by post, by email to the email address you've yo u've most recently given to us, by posting them in the online account centre or by making them available to you in any other lawfully permitted manner. We may send you notices (including any information we're legally required to send you, such as information about changes to this agreement or other agreements we have with you) on or together with your statements. In addition to payment information, each statement will show all transactions and amounts charged to your account in the statement period and the total account balance. Always check each statement and contact us as soon as possible if you yo u need more information about anything. If you receive statements online, 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. We will send to you by email and post some notices we're required by law to provide. These notices will be addressed to you and sent to the latest billing address on our records. If you receive statements by post, we'll send the statements (and any notices we're required by law to provide) provide by post, addressed to you, at the latest billing address on our records. Contacting you We may send you important messages and other communications (including alerts about certain activity on your account) about your account, card account or card benefits in line with your preferences. This could be by email or SMS, on your statements or by posting them in the online account centre, for example, we may send you an alert to confirm that you've updated your contact information. There are some messages we need to send you (such as statements of your account or security alerts), but you can opt out of receiving other alerts or communications (such as marketing) by contacting us using the online account centre or by calling us. If we need to contact you about any actual or suspected fraud or security threats, we'll do this using the fastest and most secure way of contacting you (for example, we may try to send you a text message rather than calling you). Changing your contact details We'll use your most recent contact details to contact you. You must notify us immediately if you change the mailing address or email address we send statements or notices to. We may update your contact details if we receive information that they have changed or are incorrect. If we've 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. Any legal notices will be posted to the online account centre or sent to your last known mailing address or email address. Suspending your account We may suspend your account or any feature on your account if: • you tell us to close your account or we tell you we are closing your account; • we consider it necessary for the security of the account; • you're in breach of the agreement; • we suspect unauthorised, improper and/or fraudulent use; • we reasonably think there's a significantly increased risk that you'll not be able to repay us; and • you've repaid more in interest and charges than the amount you've borrowed on your card for a sustained period. We'll normally notify you beforehand or immediately afterwards and may provide you with the reasons. If your account is suspended, you (and any supplementary cardmember) must not use the card and inform retailers not to seek to take any further payments from your account. We'll allow you to use the account, if the reasons we suspended your account in the first place no longer apply. You can tell us this is the case and request reinstatement via our website or by calling us. Ending your agreement This agreement is've

Appears in 1 contract

Sources: Credit Card Agreement

TPP. If we do, we'll tell you why in the way we think most appropriate (unless doing so would compromise our reasonable security measures or otherwise be unlawful)) . How you can authorise and cancel transactions To authorise a transaction you can: • present a card or provide your account details and, if required, use your security details (such as a PIN, passcode, personal identifiers, biometric data or other details); or • give us an instruction to make a balance/money transfer (by giving us the account details you want to send a payment to) and answer the questions questio ns we ask using your security details to verify that the instruction is from you. We may deactivate contactless payments at any time. You can't cancel purchases you make with a card but you can cancel other transactions that you've asked us to make in the future or regular payments (such as annual membership fees) if you ask us before the end of the business day before they are due to be made. When we can refuse to make authorise a transaction We may refuse to authorise a transaction if: • we have reasonable grounds to suspect unauthorised or improper use or fraud; • we reasonably consider that acting on your instructions might lead to: o a breach of law, regulation, code or other obligation; or o action from a government, law enforcement agency or regulator; • we're legally required to; • use of the card would be prohibited; • your card has been temporarily suspended as part of a Financial Relief Programme; • you have insufficient funds; or • the transaction would exceed a transaction limit of some sort or take your account over your credit limit. You may not use your account for illegal activities or in a manner which disguises the true nature of the transaction, for example, by obtaining cash through a transaction which you know will be treated as a purchase of goods and services, using your account to send funds to yourself through a payment processor, or by using your card at a merchant you own or control. If we do refuse a transaction, you'll normally be told at the point of sale. In all cases, you can find out about transactions we've refused, including the reasons why or any limits we may have put on your card, by calling us. We'll let you know this information unless the law or any regulation prevents us from doing so or for fraud prevention or security reasons. If we don't authorise a transaction or a retailer doesn't accept the card we're not responsible for any loss. Transactions you haven't authorised You're not responsible for any transactions: • made using the actual card before you receive it (for example, if your card is stolen in the post); • where we haven't told you how you can contact us to notify us that your card or security details have been lost, stolen or compromised; • if we fail to apply procedures that we're legally required to use to check that a payment has been authorised by you or a supplementary cardmember; • not authorised by you or a supplementary cardmember or any person you or a supplementary cardmember allowed, in breach of the agreement, to use your account or card; • made by a person you or a supplementary cardmember allowed, in breach of the agreement, to use your account or card after you tell us you suspect your account is being misused. You're responsible if you or a supplementary cardmember: • use your account or card fraudulently; • allowed someone else to use your account or card, including if someone else is allowed to access a mobile phone or other device on which your card has been registered (for example, by giving them your passcode or by letting them register their fingerprint on it) but you won't be responsible for any transactions made by a person you or a supplementary cardmember allowed to use your account or card after you tell us you suspect your account is being misused. If there are errors in a transaction and this is our fault, we'll give you a refund. We may then resubmit the correct transaction. If upon contacting us, you wish to dispute a transaction, we'll 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'll adjust your account accordingly. Transactions for unexpected amounts If you make a purchase within the European Economic Area and, at the time that th at you authorised it, you didn't know exactly how much you were going to be charged (for example, at a hotel check-in) you can request a refund from us if the amount charged is more than you reasonably expect and you ask for the refund within 8 weeks from the date of the statement on which the purchase appears. You'll need to provide us with all the information we reasonably ask for and we may provide this information (including personal information) to third parties investigating your claim. We'll conclude our investigation within 10 business days of us receiving all required information and either make the refund or tell you why we've refused your claim. You're not entitled to a refund if you or a supplementary cardmember gave consent for a transaction directly to us and, at least four weeks before the transaction was made, you were given information about the transaction (or it was made available to you) by us or the retailer. For example, at the time you placed an order, the exact amount was unknown but was later confirmed to you at least four weeks before your card was charged. Incorrect balance/money transfers We’ll refund the amount of a balance/money transfer and any interest, fees or charges we charge you as a result without undue delay if you instruct us to make a transfer and it is incorrectly made or it never arrives. If you give us the wrong details for a balance/money transfer or we can show that the bank we made the payment to did receive it, we won’t have to give you a refund but we'll help you to recover the money (we may charge a fee to cover our costs). Theft, loss or misuse of the card or account You or a supplementary cardmember must: • sign the card and keep it safe and secure (including using device passcodes, biometric data or other security details where applicable); • not let others use the account or card and regularly check you still have the card; • not give the card or card number to anyone else other than us, or for the purpose of making a transaction and not share your security details with anyone else (other than us or a TPP if it's necessary to do so); • choose a PIN or passcode that is not easy to guess. If you or a supplementary cardmember, register a card for use on a mobile phone or other device, you or the supplementary cardmember, must: • keep it and your security details safe and secure at all times, in the same way you would your card or PIN; • always use the lock feature on the phone or other device, where applicable; • never share your security details or allow another person to have access to the device in a way which allows them to make transactions using the card registered on the device. You or a supplementary cardmember must tell us straight away if you suspect: • a card has been lost or stolen or not received; • a mobile phone or other device to which a card has been registered has been lost, stolen or compromised; • someone else knows a PIN or other security details; or • the account or a card is being misused or used without authorisation, or a transaction on the account has not been authorised or has been processed incorrectly. Our contact details are at the beginning of this agreement. If the use of a card is stopped for any reason, the use of all other cards issued on your account may also be stopped at the same time. If you register for online account services, you must keep your security details (such as your username, password or other details) and also your mobile phone or other device safe and secure. How much and when you must pay You must pay the minimum payment by the payment due date shown on your statement but you can always pay more than the minimum payment due. If we don't ask you to pay any arrears, they'll be due with your minimum paymentpayment unless a Financial Relief Programme has been agreed with you in which case the minimum amount you must pay will be as communicated to you. We'll use any payment you make to pay off arrears before any other amounts you owe us. We won't treat any payment we make into your account or any refund given by a retailer for a purchase as payment made by you. If you pay more than you owe us under this agreement, we'll return the amount you've overpaid. 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 don't clearly designate the account to be paid, we may apply payments to any account. We'll apply any payment to your account on the day we receive it, as long as this is within our business hours. We'll apply any payment we receive after that time on the next business day. How we apply payments We pay off amounts you owe at the highest interest rates before amounts charged at lower interest rates and we'll apply payments to amounts that have appeared on your statements before amounts that have not yet appeared on your statements. Missing payments Missing payments can have serious consequences. It could mean: • if you miss a payment, you‘ll lose any promotional interest rates on your account which means any remaining promotional balances will be charged interest at your standard rate; • you may lose any financial relief interest rates or Financial Relief Programmes on your account; • you have to pay additional charges or costs; • your credit rating may be affected, making it more difficult or expensive to obtain credit; and • legal action (which could include getting a court order giving us the right to payment out of the sale proceeds for your home or other property) or o r bankruptcy proceedings may be taken against you to recover any debt owed under this agreement. Payments into your account by mistake If we make a payment into your account by mistake or as a result of a systems error, we'll automatically take the amount out of your account. If we're told that a payment from within the EEA was made into your account as a result of someone else's mistake (for example, if the payer gave the wrong account number or reference), but, when we contact you, you tell us the payment was intended for you, we're legally required to share all relevant information including your name and address and transaction information with the bank the payment came from if they ask us so that the payer may contact you. Supplementary cardmembers At your request, we may issue cards on your account to supplementary cardmembers. You must make sure that supplementary cardmembers keep to this agreement. You're responsible for all use of your account by supplementary cardmembers and anyone they allow to use your account. This means you must repay all transactions they make. If you want to end a supplementary cardmember's right to use your account you must tell us. Converting transactions made in a foreign currency If we receive a transaction or refund for processing in a foreign currency, we'll our currency conversion affiliate, AE Exposure Management Limited (“AEEML”) will convert it into Pounds Sterling on the date it's 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 applied on the date of your transaction or refund. Exchange rate fluctuations can be significant. If the transaction or refund is in U.S. Dollars, we'll AEEML will convert it directly into Pounds Sterling. In all other cases, we'll AEEML will convert it into U.S. Dollars first and then into Pounds Sterling but we'll only charge one non- non-sterling transaction fee. We don’t charge a non -sterling transaction fee for converting refunds. Refunds of transactions (including the non -sterling transaction fee applied at the time it was made) will be converted at the prevailing rate: this means that the refund applied to your account could be less or more than the original transaction amount shown on your statement. The exchange rate AEEML uses (we use call this the American Express Exchange Rate) will be: • the rate required by law or customarily used in the territory where the transaction or refund is made, or where this doesn't apply; • 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 day from Monday to Friday (including bank holidays) except for Christmas Day and New Year's Day. You can find our rates via the 'My account' section of the online account centre or by calling us. The total cost of converting your currency (we call this the Currency Conversion Charge) consists of the American Express Exchange Rate and the non -sterling transaction fee. Regulation requires us to provide you with information to enable you to compare the Currency Conversion Charge with reference rates issued by the European Central Bank. This information can be found on our website. When you make a transaction in a foreign currency, you may be given the option of allowing a third party (for example, the retailer) to convert your transaction into Pounds Sterling before submitting it to us. If you decide to do this, the exchange rate and any commission or charge will be set by the third party and may include a commission or chargeparty. As we'll receive a transaction converted by a third party in Pounds Sterling, we won't apply a non-non- sterling transaction fee. Statements and legal notices We'll send statements to you by your chosen method at least once a month (1) if there has been any account activity or (2) if there has been a Base Rate change and otherwise once every 12 months. This could be by post, by email to the email address you've yo u've most recently given to us, by posting them in the online account centre or by making them available to you in any other lawfully permitted manner. We may send you notices (including any information we're legally required to send you, such as information about changes to this agreement or other agreements we have with you) on or together with your statements. In addition to payment information, each statement will show all transactions and amounts charged to your account in the statement period and the total account balance. Always check each statement and contact us as soon as possible if you need more information about anything. If you receive statements online, 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. We wi ll send to you by email and post some notices we're required by law to provide. These notices will be addressed to you and sent to the latest billing address on our records. If you receive statements by post, we'll send the statements (and any notices we're required by law to provide) provide by post, addressed to you, at the latest billing address on our records. Contacting you We may send you important messages and other communications (including alerts about certain activity on your account) about your account, card account or card benefits in line with your preferences. This could be by email or SMS, on your statements or by posting them in the online account centre, for example, we may send you an alert to confirm that you've updated your contact information. There are some messages we need to send you (such as statements of your account or security alerts), but you can opt out of receiving other alerts or communications (such as marketing) by contacting us using the online account centre or by calling us. If we need to contact you about any actual or suspected fraud or security threats, we'll do this using the fastest and most secure way of contacting you (for example, we may try to send you a text message rather than calling you). Changing your contact details We'll use your most recent contact details to contact you. You must notify us immediately if you change the mailing address or email address we send statements or notices to. We may update your contact details if we receive information that they have changed or are incorrect. If we've 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. Any legal notices will be posted to the online account centre or sent to your last known mailing address or email address. Suspending your account We may suspend your account or any feature on your account if: • you tell us to close your account or we tell you we are closing your account; • we consider it necessary for the security of the account; • you're in breach of the agreement; • we suspect unauthorised, improper and/or fraudulent use; • we reasonably think there's a significantly increased risk that you'll not be able to repay us; and • you've repaid more in interest and charges than the amount you've borrowed on your card for a sustained period. We'll normally notify you beforehand or immediately afterwards and may provide you with the reasons. If your account is suspended, you (and any supplementary cardmember) must not use the card and inform retailers not to seek to take any further payments from your account. We'll allow you to use the account, if the reasons we suspended your account in the first place no longer apply. You can tell us this is the case and request reinstatement via our website or by calling us. Ending your agreement This agreement is've

Appears in 1 contract

Sources: Credit Card Agreement

TPP. If we do, we'll ’ll tell you why in the way we think most appropriate (unless doing so would compromise our reasonable security measures or otherwise be unlawful). How you can authorise and cancel transactions To authorise a transaction you can: • can present a card or provide your account details and, if required, use your security details (such as a PIN, passcode, personal identifiers, biometric data or other details); . You may authorise a third party nominee (including a bank or other corporate entity) to service certain elements of your account (as set out in the application form). You must give us an instruction details of this person and we must agree to make them before they can be used. You agree that we can accept instructions on and payments for your account from such nominee until you tell us otherwise. You will be bound by any such instructions or payments and remain responsible at all times for your obligations under this agreement. If your nominee fails to act on your instructions and you are then in breach of this agreement, that is your responsibility. You agree that any notice or communication under this agreement which is sent to your nominee will be deemed sent to you. We may still send you any notices or information and communicate directly with you under this agreement. We may for any reason refuse to deal with your nominee and deal directly with you. You authorise us to pay any and all annual or other government duties payable as a balance/money transfer (by giving result of you holding your account or having a card, as they become due from your account. You are liable to pay us the account details you want to send amount of such charges as if they were a payment to) and answer the questions we ask using transaction on your security details to verify that the instruction is from youaccount. We may deactivate contactless payments at any time. You can't n’t cancel purchases you make with a card but you can cancel other transactions that you've ’ve asked us to make in the future or regular payments (such as annual membership fees) if you ask us before the end of the business day before they are due to be made. When we can refuse to make a transaction We may refuse to authorise a transaction if: • we have reasonable grounds to suspect unauthorised or improper use or fraud; • we reasonably consider that acting on your instructions might lead to: o a breach of law, regulation, code or other obligation; or o action from a government, law enforcement agency or regulator; • we're ’re legally required to; • use of the card would be prohibited; • you have insufficient funds; or • the transaction would exceed a transaction limit of some sort or take your account over your credit spending limit. You may not use your account for illegal activities or in a manner which disguises the true nature of the transaction, for example, by obtaining cash through a transaction which you know will be treated as a purchase of goods and services, or by using your card at a merchant you own or control. If we do refuse a transaction, you'll ’ll normally be told at the point of sale. In all cases, you can find out about transactions we've ’ve refused, including the reasons why or any limits we may have put on your card, by calling us. We'll ’ll let you know this information unless the law or any regulation prevents us from doing so or for fraud prevention or security reasons. If we don't n’t authorise a transaction or a retailer doesn't n’t accept the card we're ’re not responsible for any loss. Transactions you haven't n’t authorised You're ’re not responsible for any transactions: • made using the actual card before you receive it (for example, if your card is stolen in the post); • where we haven't n’t told you how you can contact us to notify us that your card or security details have been lost, stolen or compromised; • if we fail to apply procedures that we're ’re legally required to use to check that a payment has been authorised by you or a supplementary cardmember; • not authorised by you or a supplementary cardmember or any person you or a supplementary cardmember allowed, in breach of the agreement, to use your account or card; • made by a person you or a supplementary cardmember allowed, in breach of the agreement, to use your account or card after you tell us you suspect your account is being misused. You're ’re responsible if you or a supplementary cardmember: • use your account or card fraudulently; • have been grossly negligent (in these cases, you’ll be responsible for all payments from your account until you’ve told us that your card or security details have been lost, stolen or compromised, or you suspect misuse); • allowed someone else to use your account or card, including if someone else is allowed to access a mobile phone or other device on which your card has been registered (for example, by giving them your passcode or by letting them register their fingerprint on it) but you won't n’t be responsible for any transactions made by a person you or a supplementary cardmember allowed to use your account or card after you tell us you suspect your account is being misused. If there are errors in a transaction and this is our fault, we'll ’ll give you a refund. We may then resubmit the correct transaction. If upon contacting You must contact us as soon as you notice an unauthorised transaction has been made from your account. We’ll refund the amount of the unauthorised payment as soon as we reasonably can, and, in any event, before the end of the working day after you tell us. Once we’ve completed our investigations, if we find you wish weren’t entitled to dispute a transactionrefund, we'll 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'll ’ll adjust your account accordingly. Transactions for unexpected amounts If you make a purchase within the European Economic Area and, at the time that you authorised it, you didn't n’t know exactly how much you were going to be charged (for example, at a hotel check-in) you can request a refund from us if the amount charged is more than you reasonably expect and you ask for the refund within 8 weeks from the date of the statement on which the purchase appears. You'll ’ll need to provide us with all the information we reasonably ask for and we may provide this information (including personal information) to third parties investigating your claim. We'll ’ll conclude our investigation within 10 business days of us receiving all required information and either make the refund or tell you why we've ’ve refused your claim. You're ’re not entitled to a refund if you or a supplementary cardmember gave consent for a transaction directly to us and, at least four weeks before the transaction was made, you were given information about the transaction (or it was made available to you) by us or the retailer. For example, at the time you placed an order, the exact amount was unknown but was later confirmed to you at least four weeks before your card was charged. Incorrect balance/money transfers We’ll refund the amount of a balance/money transfer and any interest, fees or charges we charge you as a result without undue delay if you instruct us to make a transfer and it is incorrectly made or it never arrives. If you give us the wrong details for a balance/money transfer or we can show that the bank we made the payment to did receive it, we won’t have to give you a refund but we'll help you to recover the money (we may charge a fee to cover our costs). Theft, loss or misuse of the card or account You or a supplementary cardmember must: • sign the card and keep it safe and secure (including using device passcodes, biometric data or other security details where applicable); • not let others use the account or card and regularly check you still have the card; • not give the card or card number to anyone else other than us, or for the purpose of making a transaction and not share your security details with anyone else (other than us or a TPP if it's ’s necessary to do so); • choose a PIN or passcode that is not easy to guess. If you or a supplementary cardmember, register a card for use on a mobile phone or other device, you or the supplementary cardmember, must: • keep it and your security details safe and secure at all times, in the same way you would your card or PIN; • always use the lock feature on the phone or other device, where applicable; • never share your security details or allow another person to have access to the device in a way which allows them to make transactions using the card registered on the device. You or a supplementary cardmember must tell us straight away if you suspect: • a card has been lost or stolen or not received; • a mobile phone or other device to which a card has been registered has been lost, stolen or compromised; • someone else knows a PIN or other security details; or • the account or a card is being misused or used without authorisation, or a transaction on the account has not been authorised or has been processed incorrectly. Our contact details are at the beginning of this agreement. If the use of a card is stopped for any reason, the use of all other cards issued on your account may also be stopped at the same time. If you register for online account services, you must keep your security details (such as your username, password or other details) and also your mobile phone or other device safe and secure. How much and when you must pay You must pay the minimum payment by the payment due date shown on your statement but you can always pay more than the minimum payment due. If we don't ask you to pay any arrears, they'll be due with your minimum payment. We'll use any payment you make to pay off arrears before any other amounts you owe us. We won't treat any payment we make into your account or any refund given by a retailer for a purchase as payment made by you. If you pay more than you owe us under this agreement, we'll return the amount you've overpaid. 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. If you about or permit hold a US Dollar card you must pay us in US Dollars, if you hold a Euro card you must pay us in Euros and if you hold a Sterling card, you must pay us in Pounds Sterling. If you pay in another currency to usethe one stated above, we may refuse to accept the payment. If we do accept it, we will change it into the correct currency at the standard rate we set on the date we receive the payment unless the law requires us to use a particular rate. In this case, there may be a delay before the payment is credited to your Account. We may impose additional charges for converting payments including any currency conversion cost incurred by us. You must make a separate payment for each account you hold with us. If you send payments together and don't n’t clearly designate the account to be paid, we may apply payments to any account. We'll ’ll apply any payment to your account on the day we receive it, as long as this is within our business hours. We'll ’ll apply any payment we receive after that time on the next business day. How we apply payments We pay off amounts you owe at the highest interest rates before amounts charged at lower interest rates and we'll We’ll normally apply payments to amounts your account in the following order: • any cardmembership fees and any supplementary cardmembership fees; • service charges (for example, statement copy fees) and any cardmembership joining fee (if applicable); • 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 your statements before amounts a monthly statement; and • transactions that have not yet appeared on your statementsmonthly statement. Missing payments Missing payments can have serious consequences. It could mean: • if you miss a payment, you‘ll lose any promotional interest rates on your account which means any remaining promotional balances will be charged interest at your standard rate; • you have to pay additional charges or costs; • in the UK your credit rating may be affected, making it more difficult or expensive to obtain credit; and • legal action (which could include getting a court order giving us the right to payment out of the sale proceeds for your home or other property) or bankruptcy proceedings may be taken against you to recover any debt owed under this agreement. Payments into your account by mistake If we make a payment into your account by mistake or as a result of a systems error, we'll ’ll automatically take the amount out of your account. If we're ’re told that a payment from within the EEA European Economic Area (EEA) was made into your account as a result of someone else's ’s mistake (for example, if the payer gave the wrong account number or reference), but, when we contact you, you tell us the payment was intended for you, we're ’re legally required to share all relevant information including your name and address and transaction information with the bank the payment came from if they ask us so that the payer may contact you. Supplementary cardmembers At Cardmembers Unless you have a Basic Card, at your request, we may issue cards on your account to supplementary cardmembers. You must make sure that supplementary cardmembers keep to this agreement. You're ’re responsible for all use of your account by supplementary cardmembers and anyone they allow to use your account. This means you must repay all transactions they make. If you want to end cancel a supplementary cardmember's ’s right to use your account you must tell us. Converting transactions Transactions made in a foreign currency If we receive a transaction or refund for processing in a foreign currencycurrency other than that of your card, we'll ’ll convert it into Pounds Sterling the currency of your card on the date it's ’s 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 applied on the date of your transaction or refund. Exchange rate fluctuations can be significant. If your card is a Euro card or a Pounds Sterling card and the foreign transaction is not in US Dollars then the transaction or refund is in U.S. Dollars, we'll convert it directly into Pounds Sterling. In all other cases, we'll convert it into U.S. will be first be converted to US Dollars first and then into Pounds Sterling the currency of your card, but we'll ’ll only charge one non- sterling foreign transaction fee. The exchange rate we use will be: • the rate required by law or customarily used in the territory where the transaction or refund is made, or where this doesn't n’t apply; • 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 day from Monday to Friday (including bank holidays) except for Christmas Day and New Year's Day. You can find our rates via the 'My account' section of the online account centre or for Pounds Sterling cards or, for others, by calling us. When you make a transaction in a foreign currency, you may be given the option of allowing a third party (for example, the retailer) to convert your transaction into Pounds Sterling the currency of your card before submitting it to us. If you decide to do this, the exchange rate and any commission or charge will be set by the third party and may include a commission or charge. As we'll ’ll receive a transaction converted by a third party in Pounds Sterlingthe currency of your card, we won't n’t apply a non-sterling foreign transaction fee. Statements and legal notices We'll ’ll send statements to you by your chosen method at least once a month (1) if there has been any account activity or (2) if there has been a Base Rate change and otherwise once every 12 months. This may include sending statements to your bank if you have instructed us to do so. This could be by post, by email to the email address you've most recently given to us, by posting them in the online account centre or by making them available to you in any other lawfully permitted manner. We may send you notices (including any information we're ’re legally required to send you, such as information about changes to this agreement or other agreements we have with you) on or together with your statements. In addition to payment information, each statement will show all transactions and amounts charged to your account in the statement period and the total account balance. Always check each statement and contact us as soon as possible if you need more information about anything. If you receive statements online, 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 receive statements by post, we'll ’ll send statements (and any notices we're ’re required by law to provide) by post, addressed to you, at the latest billing address on our records. Contacting you We may send you important messages and other communications (including alerts about certain activity on your accountalerts) about your account, card or card benefits in line with your preferences. This could be by email or SMS, on your statements or by posting them in the online account centre, if applicable, for example, we may send you an alert to confirm that you've ’ve updated your contact information. There are some messages we need to send you (such as statements of your account or security alerts), but you can opt out of receiving other alerts or communications (such as marketing) by contacting us using the online account centre centre, if applicable, or by calling us. If we need to contact you about any actual or suspected fraud or security threats, we'll ’ll do this using the fastest and most secure way of contacting you (for example, we may try to send you a text message rather than calling you). Changing your contact details We'll ’ll use your most recent contact details to contact you. You must notify us immediately if you change the mailing address or email address we send statements or notices to. We may update your contact details if we receive information that they have changed or are incorrect. If we've ’ve 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. Any legal notices will be posted to the online account centre (if applicable) or sent to your last known mailing address or email address. Suspending your account We may suspend your account or any feature on your account if: • you tell us to close your account or we tell you we are closing your account; • we consider it necessary for the security of the account; • you're in breach of the agreement; • we suspect unauthorised, improper and/or fraudulent use; • we reasonably think there's a significantly increased risk that you'll not be able to repay us; and • you've repaid more in interest and charges than the amount you've borrowed on your card for a sustained period. We'll normally notify you beforehand or immediately afterwards and may provide you with the reasons. If your account is suspended, you (and any supplementary cardmember) must not use the card and inform retailers not to seek to take any further payments from your account. We'll allow you to use the account, if the reasons we suspended your account in the first place no longer apply. You can tell us this is the case and request reinstatement via our website or by calling us. Ending your agreement This agreement isac

Appears in 1 contract

Sources: Charge Card Agreement

TPP. If we doyou use a TPP, this agreement will still apply to you, in addition to any agreement you might make with the TPP. Following your consent, we'll ’ll allow the TPP access to account information and you’ll be able to make any payments through the TPP that you’d be able to make if you were dealing with us online. Account information will include details about who you make payments to and receive payments from. You must check from the information the TPP has to give you that they’re authorised. If you give your security credentials to an unauthorised third party, we’ll assume it’s you that’s authorising us to give access to information about your accounts and you’ll be responsible for any payments made as a result. If we’re aware that an unauthorised third party is using your security credentials, we’ll block access to your accounts. To protect you, we may refuse to allow a TPP to access your account if we’re concerned that the TPP is unauthorised or acting fraudulently. We’ll tell you why in the way if we think most appropriate (do this, unless doing so it would be unlawful or would compromise our reasonable security measures measures. If you think a payment made through a TPP was unauthorised or otherwise be unlawful). How incorrect, you can authorise and cancel transactions To authorise a transaction must contact us as soon as you can: • present a card or provide your account details and, if required, use your security details (such as a PIN, passcode, personal identifiers, biometric data or other details); or • give us an instruction to make a balance/money transfer (by giving us the account details you want to send a payment to) and answer the questions we ask using your security details to verify that the instruction is from you. We may deactivate contactless payments at any time. You can't cancel purchases you make with a card but you can cancel other transactions that you've asked us want someone else to make in the future or regular payments (such as annual membership fees) if you ask us before the end of the business day before they are due to be made. When we can refuse to make a transaction We may refuse to authorise a transaction if: • we have reasonable grounds to suspect unauthorised or improper use or fraud; • we reasonably consider that acting on your instructions might lead to: o a breach of law, regulation, code or other obligation; or o action from a government, law enforcement agency or regulator; • we're legally required to; • use of the card would be prohibited; • you have insufficient funds; or • the transaction would exceed a transaction limit of some sort or take your account over your credit limit. You may not use operate your account for illegal activities or in a manner which disguises the true nature of the transaction, you You can appoint another person to operate your account for example, by obtaining cash through a transaction which you know will be treated as a purchase of goods and services, or by using your card at a merchant you own or controlyou. If we To do refuse a transactionthis, you'll normally be told at the point of sale. In all cases, you can find out about transactions we've refused, including the reasons why or any limits we may have put on your card, by calling us. We'll let you know this information unless the law or any regulation prevents us from doing so or for fraud prevention or security reasons. If we don't authorise a transaction or a retailer doesn't accept the card we're not responsible for any loss. Transactions you haven't authorised You're not responsible for any transactions: • made using the actual card before you receive it (for example, if your card is stolen in the post); • where we haven't told you how you can contact us to notify us that your card or security details have been lost, stolen or compromised; • if we fail to apply procedures that we're legally required to use to check that a payment has been authorised by you or a supplementary cardmember; • not authorised by you or a supplementary cardmember or any person you or a supplementary cardmember allowed, in breach of the agreement, to use your account or card; • made by a person you or a supplementary cardmember allowed, in breach of the agreement, to use your account or card after you tell us you suspect your account is being misused. You're responsible if you or a supplementary cardmember: • use your account or card fraudulently; • allowed someone else to use your account or card, including if someone else is allowed to access a mobile phone or other device on which your card has been registered (for example, by giving them your passcode or by letting them register their fingerprint on it) but you won't be responsible for any transactions made by a person you or a supplementary cardmember allowed to use your account or card after you tell us you suspect your account is being misused. If there are errors in a transaction and this is our fault, we'll give you a refund. We may then resubmit the correct transaction. If upon contacting us, you wish to dispute a transaction, we'll 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'll adjust your account accordingly. Transactions for unexpected amounts If you make a purchase within the European Economic Area and, at the time that you authorised it, you didn't know exactly how much you were going to be charged (for example, at a hotel check-in) you can request a refund from us if the amount charged is more than you reasonably expect and you ask for the refund within 8 weeks from the date of the statement on which the purchase appears. You'll ’ll need to provide us with all a Power of Attorney signed by you. Sometimes another person may also be appointed to act for you. This could happen if you’re unable to operate your account yourself, for example because you have a mental incapacity. As long as we receive the information correct legal documentation confirming the appointment, we’ll allow that other person to operate your account. Until we’ve received these documents we reasonably ask won’t allow any other person to give instructions on the account, for and we may provide this information (including personal information) to third parties investigating your claim. We'll conclude our investigation within 10 business days of us receiving all required information and either make the refund or tell you why we've refused your claim. You're not entitled to a refund if you or a supplementary cardmember gave consent for a transaction directly to us and, at least four weeks before the transaction was made, you were given information about the transaction (or it was made available to you) by us or the retailer. For example, at the time you placed an order, the exact amount was unknown but was later confirmed to you at least four weeks before your card was charged. Incorrect balance/money transfers We’ll refund the amount of a balance/money transfer and any interest, fees or charges we charge you as a result without undue delay if you instruct us example to make a transfer and it is incorrectly made payment or it never arrivesclose it. If we know that a person’s legal authority to act for you give us the wrong details for a balance/money transfer or we can show that the bank we made the payment to did receive ithas ended, we won’t have to give you a refund but we'll help you to recover the money (we may charge a fee to cover our costs). Theft, loss or misuse of the card or account You or a supplementary cardmember must: • sign the card and keep it safe and secure (including using device passcodes, biometric data or other security details where applicable); • not let others use the account or card and regularly check you still have the card; • not give the card or card number to anyone else other than us, or for the purpose of making a transaction and not share your security details with anyone else (other than us or a TPP if it's necessary to do so); • choose a PIN or passcode that is not easy to guess. If you or a supplementary cardmember, register a card for use on a mobile phone or other device, you or the supplementary cardmember, must: • keep it and your security details safe and secure at all times, in the same way you would your card or PIN; • always use the lock feature on the phone or other device, where applicable; • never share your security details or allow another person to have access to the device in a way which allows accept an instruction from them to make transactions using the card registered on the device. You or a supplementary cardmember must tell us straight away if you suspect: • a card has been lost or stolen or not received; • a mobile phone or other device to which a card has been registered has been lost, stolen or compromised; • someone else knows a PIN or other security details; or • the account or a card is being misused or used without authorisation, or a transaction on the account has not been authorised or has been processed incorrectly. Our contact details are at the beginning of this agreement. If the use of a card is stopped for any reason, the use of all other cards issued on your account may also be stopped at the same time. If you register for online account services, you must keep your security details (such as your username, password or other details) and also your mobile phone or other device safe and secure. How much and when you must pay You must pay the minimum payment by the payment due date shown on your statement but you can always pay more than the minimum payment due. If we don't ask you to pay any arrears, they'll be due with your minimum payment. We'll use any payment you make to pay off arrears before any other amounts you owe us. We won't treat any payment we make into your account or any refund given by a retailer for a purchase as payment made by you. If you pay more than you owe us under this agreement, we'll return the amount you've overpaid. 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 don't clearly designate the account to be paid, we may apply payments to any account. We'll apply any payment to your account on the day we receive it, as long as this is within our business hours. We'll apply any payment we receive after that time on the next business day. How we apply payments We pay off amounts you owe at the highest interest rates before amounts charged at lower interest rates and we'll apply payments to amounts that have appeared on your statements before amounts that have not yet appeared on your statements. Missing payments Missing payments can have serious consequences. It could mean: • if you miss a payment, you‘ll lose any promotional interest rates on your account which means any remaining promotional balances will be charged interest at your standard rate; • you have to pay additional charges or costs; • your credit rating may be affected, making it more difficult or expensive to obtain credit; and • legal action (which could include getting a court order giving us the right to payment out of the sale proceeds for your home or other property) or bankruptcy proceedings may be taken against you to recover any debt owed under this agreement. Payments into your account by mistake If we make a payment into your account by mistake or as a result of a systems error, we'll automatically take the amount out of your account. If we're told that a payment from within the EEA was made into your account as a result of someone else's mistake (for example, if the payer gave the wrong account number These terms apply to any person allowed or reference), but, when we contact you, you tell us the payment was intended for you, we're legally required to share all relevant information including your name and address and transaction information with the bank the payment came from if they ask us so that the payer may contact you. Supplementary cardmembers At your request, we may issue cards on your account to supplementary cardmembers. You must make sure that supplementary cardmembers keep to this agreement. You're responsible for all use of your account by supplementary cardmembers and anyone they allow appointed to use your account. This means you must repay all transactions they make. If you want to end a supplementary cardmember's right to use your account you must tell us. Converting transactions made in a foreign currency If we receive a transaction or refund for processing in a foreign currency, we'll convert it into Pounds Sterling on the date it's 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 applied on the date of your transaction or refund. Exchange rate fluctuations can be significant. If the transaction or refund is in U.S. Dollars, we'll convert it directly into Pounds Sterling. In all other cases, we'll convert it into U.S. Dollars first and then into Pounds Sterling but we'll only charge one non- sterling transaction fee. The exchange rate we use will be: • the rate required by law or customarily used in the territory where the transaction or refund is made, or where this doesn't apply; • 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 day from Monday to Friday (including bank holidays) except for Christmas Day and New Year's Day. You can find our rates via the 'My account' section of the online account centre or by calling us. When you make a transaction in a foreign currency, you may be given the option of allowing a third party (for example, the retailer) to convert your transaction into Pounds Sterling before submitting it to us. If you decide to do this, the exchange rate and any commission or charge will be set by the third party and may include a commission or charge. As we'll receive a transaction converted by a third party in Pounds Sterling, we won't apply a non-sterling transaction fee. Statements and legal notices We'll send statements to you by your chosen method at least once a month (1) if there has been any account activity or (2) if there has been a Base Rate change and otherwise once every 12 months. This could be by post, by email to the email address you've most recently given to us, by posting them in the online account centre or by making them available to you in any other lawfully permitted manner. We may send you notices (including any information we're legally required to send you, such as information about changes to this agreement or other agreements we have with you) on or together with your statements. In addition to payment information, each statement will show all transactions and amounts charged to your account in the statement period and the total account balance. Always check each statement and contact us as soon as possible if you need more information about anything. If you receive statements online, 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 receive statements by post, we'll send statements (and any notices we're required by law to provide) by post, addressed to you, at the latest billing address on our records. Contacting you We may send you important messages and other communications (including alerts about certain activity on your account) about your account, card or card benefits in line with your preferences. This could be by email or SMS, on your statements or by posting them in the online account centre, for example, we may send you an alert to confirm that you've updated your contact information. There are some messages we need to send you (such as statements of your account or security alerts), but you’ll be responsible for everything they do even if they make you can opt out of receiving other alerts or communications (such as marketing) by contacting us using the online account centre or by calling us. If we need to contact you about any actual or suspected fraud or security threats, we'll do this using the fastest and most secure way of contacting you (for example, we may try to send you a text message rather than calling you). Changing your contact details We'll use your most recent contact details to contact you. You must notify us immediately if you change the mailing address or email address we send statements or notices to. We may update your contact details if we receive information that they have changed or are incorrect. If we've 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. Any legal notices will be posted to the online account centre or sent to your last known mailing address or email address. Suspending your account We may suspend your account or any feature on your account if: • you tell us to close your account or we tell you we are closing your account; • we consider it necessary for the security of the account; • you're in breach of the agreement; • we suspect unauthorised, improper and/or fraudulent use; • we reasonably think there's a significantly increased risk that you'll not be able to repay us; and • you've repaid more in interest and charges than the amount you've borrowed on your card for a sustained period. We'll normally notify you beforehand or immediately afterwards and may provide you with the reasons. If your account is suspended, you (and any supplementary cardmember) must not use the card and inform retailers not to seek to take any further payments from your account. We'll allow you to use the account, if the reasons we suspended your account in the first place no longer apply. You can tell us this is the case and request reinstatement via our website or by calling us. Ending your agreement This agreement is.

Appears in 1 contract

Sources: General Account Terms and Conditions

TPP. If we do, we'll tell you why in the way we think most appropriate (unless doing so would compromise our reasonable security measures or otherwise be unlawful)) . How you can authorise and cancel transactions To authorise a transaction you can: • present a card or provide your account details and, if required, use your security details (such as a PIN, passcode, personal identifiers, biometric data or other details); or • give us an instruction to make a balance/money transfer (by giving us the account details you want to send a payment to) and answer the questions we ask using your security details to verify that the instruction is from you. We may deactivate contactless payments at any time. You can't cancel purchases you make with a card but you can cancel other transactions that th at you've asked us to make in the future or regular payments (such as annual membership fees) if you ask us before the end of the business day before they are due to be made. When we can refuse to make authorise a transaction We may refuse to authorise a transaction if: • we have reasonable grounds to suspect unauthorised or improper use or fraud; • we reasonably consider that acting on your instructions might lead to: o a breach of law, regulation, code or other obligation; or o action from a government, law enforcement agency or regulator; • we're legally required to; • use of the card would be prohibited; • your card has been temporarily suspended as part of a Financial Relief Programme; • you have insufficient funds; or • the transaction would exceed a transaction limit of some sort or take your account over your credit limit. You may not use your account for illegal activities or in a manner which disguises the true t rue nature of the transaction, for example, by obtaining cash through a transaction which you know will be treated as a purchase of goods and services, using your account to send funds to yourself through a payment processor, or by using your card at a merchant you own or control. If we do refuse a transaction, you'll normally be told at the point of sale. In all cases, you can find out about transactions we've refused, including the reasons why or any limits we may have put on your card, by calling us. We'll let you know this information unless the law or any regulation prevents us from doing so or for fraud prevention or security reasons. If we don't authorise a transaction or a retailer doesn't accept the card we're not responsible for any loss. Transactions you haven't authorised You're not responsible for any transactions: • made using the actual card before you receive it (for example, if your card is stolen in the post); • where we haven't told you how you can contact us to notify us that your card or security details have been lost, stolen or compromised; • if we fail to apply procedures that we're legally required to use to check that a payment has been authorised by you or a supplementary cardmember; • not authorised by you or a supplementary cardmember or any person you or a supplementary cardmember allowed, in breach of the agreement, to use your account or card; • made by a person you or a supplementary cardmember allowed, in breach of the agreement, to use your account or card after you tell us you suspect your account is being misused. You're responsible if you or a supplementary cardmember: • use your account or card fraudulently; • allowed someone else to use your account or card, including if someone else is allowed to access a mobile phone or other device on which your card has been registered (for example, by giving them your passcode or by letting them register their fingerprint on it) but you won't be responsible for any transactions made by a person you or a supplementary cardmember allowed to use your account or card after you tell us you suspect your account is being misused. If there are errors in a transaction and this is our fault, we'll give you a refund. We may then resubmit the correct transaction. If upon contacting us, you wish to dispute a transaction, we'll 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'll adjust your account accordingly. Transactions for unexpected amounts If you make a purchase within the European Economic Area and, at the time that th at you authorised it, you didn't know exactly how much you were going to be charged (for example, at a hotel check-in) you can request a refund from us if the amount charged is more than you reasonably expect and you ask for the refund within 8 weeks from the date of the statement on which the purchase appears. You'll need to provide us with all the information we reasonably ask for and we may provide this information (including personal information) to third parties investigating your claim. We'll conclude our investigation within 10 business days of us receiving all required information and either make the refund or tell you why we've refused your claim. You're not entitled to a refund if you or a supplementary cardmember gave consent for a transaction directly to us and, at least four weeks before the transaction was made, you were given information about the transaction (or it was made available to you) by us or the retailer. For example, at the time you placed an order, the exact amount was unknown but was later confirmed to you at least four weeks before your card was charged. Incorrect balance/money transfers We’ll refund the amount of a balance/money transfer and any interest, fees or charges we charge you as a result without undue delay if you instruct us to make a transfer and it is incorrectly made or it never arrives. If you give us the wrong details for a balance/money transfer or we can show that the bank we made the payment to did receive it, we won’t have to give you a refund but we'll help you to recover the money (we may charge a fee to cover our costs). Theft, loss or misuse of the card or account You or a supplementary cardmember must: • sign the card and keep it safe and secure (including using device passcodes, biometric data or other security details where applicable); • not let others use the account or card and regularly check you still have the card; • not give the card or card number to anyone else other o ther than us, or for the purpose of making a transaction and not share your security details with anyone else (other than us or a TPP if it's necessary to do so); • choose a PIN or passcode that is not easy to guess. If you or a supplementary cardmember, register a card for use on a mobile phone or other device, you or the supplementary cardmember, must: • keep it and your security details safe and secure at all times, in the same way you would your card or PIN; • always use the lock feature on the phone or other device, where applicable; • never share your security details or allow another person to have access to the device in a way which allows them to make transactions using the card registered on the device. You or a supplementary cardmember must tell us straight away if you suspect: • a card has been lost or stolen or not received; • a mobile phone or other device to which a card has been registered has been lost, stolen or compromised; • someone else knows a PIN or other security details; or • the account or a card is being misused or used without authorisation, or a transaction on the account has not been authorised or has been processed incorrectly. Our contact details are at the beginning of this agreement. If the use of a card is stopped for any reason, the use of all other cards issued on your account may also be stopped at the same time. If you register for online account services, you must keep your security details (such as your username, password or other details) and also your mobile phone or other device safe and secure. How much and when you must pay You must pay the minimum payment by the payment due date shown on your statement but you can always pay more than the minimum payment due. If we don't ask you to pay any arrears, they'll be due with your minimum paymentpayment unless a Financial Relief Programme has been agreed with you in which case the minimum amount you must pay will be as communicated to you. We'll use any payment you make to pay off arrears before any other amounts you owe us. We won't treat any payment we make into your account or any refund given by a retailer for a purchase as payment made by you. If you pay more than you owe us under this agreement, we'll return the amount you've overpaid. 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 don't clearly designate the account to be paid, we may apply payments to any account. We'll apply any payment to your account on the day we receive it, as long as this is within our business hours. We'll apply any payment we receive after that time on the next business day. How we apply payments We pay off amounts you owe at the highest interest rates before amounts charged at lower interest rates and we'll apply payments to amounts that have appeared on your statements before amounts that have not yet appeared on your statements. Missing payments Missing payments can have serious consequences. It could mean: • if you miss a payment, you‘ll lose any promotional interest rates on your account which means any remaining promotional balances will be charged interest at your standard rate; • you may lose any financial relief interest rates or Financial Relief Programmes on your account; • you have to pay additional charges or costs; • your credit rating may be affected, making it more difficult or expensive to obtain credit; and • legal action (which could include getting a court order giving us the right to payment out of the sale proceeds for your home or other property) or bankruptcy proceedings may be taken against you to recover any debt owed under this agreement. Payments into your account by mistake If we make a payment into your account by mistake or as a result of a systems error, we'll automatically take the amount out of your account. If we're told that a payment from within the EEA was made into your account as a result of someone else's mistake (for example, if the payer gave the wrong account number or reference), but, when we contact you, you tell us the payment was intended for you, we're legally required to share all relevant information including your name and address and transaction information with the bank the payment came from if they ask us so that the payer may contact you. Supplementary cardmembers At your request, we may issue cards on your account to supplementary cardmembers. You must make sure that supplementary cardmembers keep to this agreement. You're responsible for all use of your account by supplementary cardmembers and anyone they allow to use your account. This means you must repay all transactions they make. If you want to end a supplementary cardmember's right to use your account you must tell us. Converting transactions made in a foreign currency If we receive a transaction or refund for processing in a foreign currency, we'll our currency conversion affiliate, AE Exposure Management Limited (“AEEML”) will convert it into Pounds Sterling on the date it's 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 applied on the date of your transaction or refund. Exchange rate fluctuations can be significant. If the transaction or refund is in U.S. Dollars, we'll AEEML will convert it directly into Pounds Sterling. In all other cases, we'll AEEML will convert it into U.S. Dollars first and then into Pounds Sterling but we'll only charge one non- non-sterling transaction fee. We don’t charge a non -sterling transaction fee for converting refunds. Refunds of transactions (including the non -sterling transaction fee applied at the time it was made) will be converted at the prevailing rate: this means that the refund applied to your account could be less or more than the original transaction amount shown on your statement. The exchange rate AEEML uses (we use call this the American Express Exchange Rate) will be: • the rate required by law or customarily used in the territory where the transaction or refund is made, or where this doesn't apply; • 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 day from Monday to Friday (including bank holidays) except for Christmas Day and New Year's Day. You can find our rates via the 'My account' section of the online account centre or by calling us. The total cost of converting your currency (we call this the Currency Conversion Charge) consists of the American Express Exchange Rate and the non -sterling transaction fee. Regulation requires us to provide you with information to enable you to compare the Currency Conversion Charge with reference rates issued by the European Central Bank. This information can be found on our website. When you make a transaction in a foreign currency, you may be given the option of allowing a third party (for example, the retailer) to convert your transaction into Pounds Sterling before submitting it to us. If you decide to do this, the exchange rate and any commission or charge will be set by the third party and may include a commission or chargeparty. As we'll receive a transaction converted by a third party in Pounds Sterling, we won't apply a non-non- sterling transaction fee. Statements and legal notices We'll send statements to you by your chosen method at least once a month (1) if there has been any account activity or (2) if there has been a Base Rate change and otherwise once every 12 months. This could be by post, by email to the email address you've yo u've most recently given to us, by posting them in the online account centre or by making them available to you in any other lawfully permitted manner. We may send you notices (including any information we're legally required to send you, such as information about changes to this agreement or other agreements we have with you) on or together with your statements. In addition to payment information, each statement will show all transactions and amounts charged to your account in the statement period and the total account balance. Always check each statement and contact us as soon as possible if you need more information about anything. If you receive statements online, 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. We wi ll send to you by email and post some notices we're required by law to provide. These notices will be addressed to you and sent to the latest billing address on our records. If you receive statements by post, we'll send the statements (and any notices we're required by law to provide) provide by post, addressed to you, at the latest billing address on our records. Contacting you We may send you important messages and other communications (including alerts about certain activity on your account) about your account, card account or card benefits in line with your preferences. This could be by email or SMS, on your statements or by posting them in the online account centre, for example, we may send you an alert to confirm that you've updated your contact information. There are some messages we need to send you (such as statements of your account or security alerts), but you can opt out of receiving other alerts or communications (such as marketing) by contacting us using the online account centre or by calling us. If we need to contact you about any actual or suspected fraud or security threats, we'll do this using the fastest and most secure way of contacting you (for example, we may try to send you a text message rather than calling you). Changing your contact details We'll use your most recent contact details to contact you. You must notify us immediately if you change the mailing address or email address we send statements or notices to. We may update your contact details if we receive information that they have changed or are incorrect. If we've 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. Any legal notices will be posted to the online account centre or sent to your last known mailing address or email address. Suspending your account We may suspend your account or any feature on your account if: • you tell us to close your account or we tell you we are closing your account; • we consider it necessary for the security of the account; • you're in breach of the agreement; • we suspect unauthorised, improper and/or fraudulent use; • we reasonably think there's a significantly increased risk that you'll not be able to repay us; and • you've repaid more in interest and charges than the amount you've borrowed on your card for a sustained period. We'll normally notify you beforehand or immediately afterwards and may provide you with the reasons. If your account is suspended, you (and any supplementary cardmember) must not use the card and inform retailers not to seek to take any further payments from your account. We'll allow you to use the account, if the reasons we suspended your account in the first place no longer apply. You can tell us this is the case and request reinstatement via our website or by calling us. Ending your agreement This agreement iswe'v

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Sources: Credit Card Agreement