Terms and Conditions Republic of Ireland
A. General terms and Condition for use of the Service
1.0 Definitions of Terms
3.0 SEPA Transfers
4.0 Managing Direct Debits and Standing Orders
5.0 Statements/Transaction history
6.0 Security and Authentication
7.0 Where we act on your Instructions
8.0 Our Responsibilities
9.0 Unauthorised Transactions
12.0 Duration, Changes and Termination
13.0 Reading this document
14.0 Making a Complaint - Redness
15.0 How Irish law applies to this Document
General terms and Condition for use of the Service
1.0 Definitions of Terms used in this Document
Some explanations of common terms used throughout these terms and conditions:
1.1. Access Code: means the multi-level security codes advised to members at the time of registration to sign up for online banking with the Credit Union and/or downloads the Applications."247 online" means our internet banking service accessed via a web browser.
1.2. "247 PIN" means a personal identification number you use to access the services.
1.3. "Account" means your account with us in respect of which we provide the services.
1.4. "Working Day" means any day on which we are open for business in the Republic of Ireland other than Sunday or bank holiday; and "non-Banking Day" means any other day.
1.5. "Credit Union App" means any of our applications that can be downloaded and which allow access to CU 247 Mobile Banking.
1.6. "CU247 Mobile Banking" or “CU247” means the online system which allows you to access and use certain Services using an App on your Mobile Device,
1.7. "BIC" means the Bank Identifier Code used to identify the bank internationally. It is also known as the SWIFT Address.
1.8. "Cut-Off Time" means the latest time in any working Day we can process an instruction on that Day.
1.9. "Day of Access" means the day you use our services.
1.10. "Designated Account" means an account you designate for receiving funds transferred from your Account. The Designated Account can be in your name or in another person's name. It cannot be an account we tell you is excluded. Before you can make a payment to a Designated Account, you must register it using the Security Code we will provide.
1.11. “Digital Banking” means our various online banking services which can be accessed via 247 online, any reference to Digital Banking herein shall be deemed to include a reference to 247 Online,
1.12. “eStatement” means any document, transaction history or statement provided or made available in electronic form.
1.13. "Future Dated Payment" means a payment scheduled to go through on a future date
1.14. "IBAN" means an International Bank Account Number that identifies the country, office and account number of any account.
1.15. "Instruction" means any instruction you give us to pay money into or from your Account, or to carry out another service.
1.16. "Mobile Device" means a communications device capable of accessing the Services using the CU247 App.
1.17. "Personal Account" means accounts held by Natural Persons
1.18. "PSR" means the European Communities (Payment Services) Regulations 2009 and a "PSR regulated payment" is a payment in euro or any other European Economic Area (EEA) currency, where the payment service providers of both the payer and payee are in the EEA.
1.19. "Security Code" means a unique one time activation code which we give you.
1.20. "Security Credentials" means any number, code or security measure we require you to use, such as the 247 User ID, 247 PIN, Security Code and customer password information.
1.21. “SEPA” means Single Euro Payments Area, a European banking initiative which aims to create one single, integrated and standardised payments market in Europe
Definitions of Terms used in this Document continued..,
1.22. “SEPA Zone” means the member countries of SEPA, and comprises the EU member states, the three European Economic Area countries (Iceland, Liechtenstein and Norway), Switzerland and Monaco.
1.23. "Service" and "Services" include, but may not be limited to, the following, some or all of which are available via 247 phone and Digital Banking:- (a) showing you your Account balance; (b) giving you information about your transactions; (c) setting up and viewing Standing Orders; (d) funds transfers and payments to Designated Accounts; (f) a bill pay service which you can use to pay certain utility bills; (g) requesting account statements for flexi, savings and loan accounts; (j) registering and viewing other CU accounts; (k) (l) customising Flexi Account transaction history on screen, for example, to list categories of transactions carried out over the previous 12 months; (m)
1.24. "User ID" means a unique 247 online user identification code we give you.
1.25. "we", "us" and "our" means Comhar Creidmheasa Ghaoth Dobhair Teo having its Head Office at Derrybeg, Letterkenny, Co Donegal , and its successors, and legal or equitable transferees or assignees.
1.26. "you" and "your(s)" means the person or persons in whose name(s) the Account is held.
You cannot use these services unless the Account is a Personal Account in your name on either a single or joint account basis.
(b) You are the beneficial owner of the money in the Account (this means, for example, you do not hold the money on behalf of someone else) and over 16
(c) You have registered for online access via our registration process and we are satisfied with your registration including but not limited to ensuring that our obligations as required under the Criminal Justice and Counter Terrorist Financing Act 2010 as amended are met. We may require you (both of you in relation to a joint account) to provide proof of identification and address verification to satisfy this obligation.
2.1 Joint Accounts
(a) If the account is held jointly by two members, both members can register to use the online account access services. Each party must register and apply for their own unique Pin, User ID and other security detail separately.
(b) Where the Members' Account is maintained in joint names the liability of the Account Holders shall be joint and severally liable under these terms and conditions This means we can ask all or any one of you alone to pay us any money owing to us and meet any obligation arising from these terms and conditions or any Instruction any of you give us.
2.2 Account Balances
Comhar Creidmheasa Ghaoth Dobhair’s Online access service will provide members who use the service with their “available” balance on the day of access. This balance may exclude any uncleared funds and therefore may not show an accurate balance. Members should request a statement online or by contacting the office to ascertain their correct balance. If you require a paper statement, you can request this through our online banking/mobile app.
2.3 Joint and Several Liability
Unless we have agreed that we need the consent of each joint account holder or have a legal obligation to get this consent, we can act on the Instructions of only one of you. This means any one of you can ask us to do certain things with the Account without the other account holders knowing, including closing the Account, taking all or any money out of the Account, asking for communications (including statements) to be provided electronically or on paper, applying for credit or ending services. When we send any notice to any one of you (including account transaction history or statement or document in paper form) this will be deemed to be notice to all of you. Unless we have a legal obligation to do so we won’t ordinarily ask or enquire about the reasons for any instructions or reconfirm these instructions with any other Joint Account Holder even when there is a dispute among the Joint Account Holders.
3.0 SEPA Transfers
3.1 A SEPA transfer is a payment of euro by you from your Account to a Designated Account within the SEPA Zone. It includes the payment of some bills.
3.2 We let you know how to register for our SEPA transfer services. We can change the way you register for these services at any time.
3.3 We keep a record when you register to make SEPA transfers and when you instruct us about this type of payment. You agree that our records are good evidence of your registration or instruction (unless it is clear we made a mistake). You also agree we can assume any registration or instruction comes from you.
3.4 You cannot not use the SEPA transfer service to transfer money from a share account you have with us.
3.5 If you use the SEPA transfer service to pay money into another account it shall only be from the flexi account and you agree that you are responsible for ensuring you have sufficient funds on that Account.
3.6 Maximum transaction and daily limits apply to the amount you can pay from your Account in any Banking Day using our SEPA transfer service. We can change these limits at any time. Details of the current limits are available when you use the service.
3.7 If you instruct us to carry out a SEPA transfer on a future date, it is a "Future Dated Payment". We will process any Future Dated Payments on the date you give us. If it is not a Banking Day, we will process it on the next Banking Day. If you instruct us to make two or more Future Dated Payments for the same future date, we will process them in the same order in which you gave us the payment instructions. If, for any reason, we are unable to process a Future Dated SEPA transfer, we will notify you within the Payments Pending section.
3.8 We accept payment instructions at any time. If you give us a payment instruction to pay money from your Account, we treat the payment instruction as given on the Banking Day on which we actually get it, so long as it is received by us before 12 Mid-Day (the Cut-Off Time for SEPA transfers). If we receive it after 12 Mid-Day it will be treated as received by us on the next Banking Day.
3.9 The financial institution where the Designated Account is held controls payment into that account. We are not responsible for that.
3.10 If you give us a payment instruction to pay money to a Designated Account held by us, we pay it on the Banking Day we get your payment instruction.
4.0 Managing Direct Debits and standing orders
4.1 Direct Debits – currently unavailable
Direct debit payments are made under the SEPA Direct Debit Scheme and all direct debit payments are processed in accordance with the relevant SEPA Direct Debit Scheme Rules. You can manage your SEPA direct debits using the Direct Debit Services. If you wish to avail of any of the available direct debit services, you must complete and submit the relevant direct debit service application form. In order to ensure that your instructions can be processed as required, you must submit any such instruction by close of business on the Banking Day before you wish the instruction to be effective.
4.2 Standing Orders
You can set up standing orders on your flexi Account. We require you to register this with us first and to verify your registration using a Security Code[CHECK]. We keep a record when you register for a standing order and give us instructions about it. You agree our records are good evidence of any such registration or instruction (unless it is clear we made a mistake). You also agree we can assume any registration or instruction comes from you. If you wish to cancel a standing order or standing order payment, you must instruct us by close of business one Banking Day before the payment is due. If your instruction arrives later than that and we make a standing order payment which does not comply with your instruction, we will not be responsible for any loss or expense caused to you or anyone else.
5.0 E-Statements/Transaction History
5.1 Once an eligible Account is registered on 247 online, you will have access to you eStatementtransaction history for that Account. If you request a paper copy of your Statement, this will be deemed as a request for a duplicate statement and a fee may be applied.
5.2 Your eStatement/transaction history can be viewed, it may also be saved or printed in PDF format, when accessed by PDF, it will open in a separate window and will not time out. It is your responsibility to view the eStatement/transaction history in a safe and private place and to close the window when you finish viewing the transaction history.
5.3 You can at any time during this period download, or print and retain, a copy of the eSatement/transaction history. If, however, you close an Account with us, or terminate this Agreement, the relevant eStatement/transaction history will no longer be available, and you should download or print any transaction history required prior to closing any Account or terminating this Agreement.
5.4 You will be deemed to have received your eStatement/transaction history or any document once that eStatement/transaction history or document is available on 247 online.
5.5. Once an Account is registered to be provided with documents and account statements in paper form, you will also be able to view the eStatement/transaction history for that Account on CU247. You agree that any obligation to provide you with documents or statements in these terms and conditions or your Accounts terms and conditions, or any other terms and conditions agreed between us, shall be satisfied when we make it available to you to view.
6.0 Security and Authentication
6.1 The member shall register their account to create an online access account, following this they will be given an Access Code /USER ID, which shall become the initial step in the authentication process and shall be for the Members sole use in accordance with the guidelines set out in www.cu247secure.ie
6.2 We will give you a PIN number which is unique to you. You will need to use it whenever you use a service. We will give you a unique user identification code ("User ID").
6.3 We may ask you to answer security questions, or to use another security credential, before allowing you use a service.
6.4 You must keep the PIN, User ID and any other security credentials secret. You must not write down or record any of them in a way that would let someone else use any of them against your will
6.5 If you know or suspect your PIN, User ID or other security credentials are known by someone who should not have this information, you must inform us immediately by contacting us on 353 74 953 1279 and speaking to a member of staff. In the event that the office is closed, you must contact us by phone and speak to a member of staff without delay us on the next working day. We will only act on this notification during day we are open for business. We accept no liability if you have compromised the security of access to your CU 247. Should a third party obtain details of the member’s user ID and PIN inadvertently or otherwise the Member shall contact the credit union immediately by contacting us on 353 74 953 1279 and speaking to a member of staff to disable their account and get re-issued a PIN, if this should occur outside working hours, we would recommend that our member tries to log-in using incorrect PIN Four times to lock their account for 24hours (repeat after 24hrs), and also to contact the credit union, speak to a member of staff on the next working day.
6.6 Please note we will never contact you to request your security credentials and we will not ask anyone else to do so on our behalf. If you receive such a request you must not supply your security credentials in any circumstances, and should report such activity to us immediately.
6.7 You must maintain suitable equipment to enable you use digital banking services, for example, a computer with a suitable browser and up-to-date security software.
6.8 You, the member will be responsible for all instructions given by you or anyone acting with your authority between the time you pass the security procedure and the time you exit from the On-line Account Access Service. You shall disconnect and exit the system when not availing of the service.
6.9 You the member accept that electronic communications, the internet, WIFI or SMS media may not be secure and may be intercepted by unauthorised persons or delivered incorrectly . In consequence Comhar Creidmheasa Ghaoth Dobhair Teo cannot guarantee the privacy or confidentiality of communicaitons via such media and by using CU 247 you are deemed to have acknowledged and accepted these risks
7.0 When we Act on your Instructions
7.1 You permit us to act on any instruction you give us, or which appears to have been given by you, submitted via CU 247. You cannot withdraw this permission.
7.2 Once an instruction is received with the correct security credentials, you agree that we can act on it. You understand we do not make any more security checks.
7.3 We can only act on your instructions when we get them. You acknowledge and agree there may be a time lag between the time you instruct us online and when we get that instruction, and we can take no responsibility for that.
7.4 You agree that all instructions, other than instructions for Future Dated Payments, are, subject to relevant Cut-Off Times, considered to be instructions for immediate processing, and are considered irrevocable. Instructions for Future Dated Payments are revocable up to close of business on the business day before the funds are to be debited from your account. If the order is for a standing order to be taken from your account, you can revoke that order and your consent by writing to us or calling into our offices up to close of business on the Business Day before the funds are to be debited from your account .You can ask us to cancel or amend any instruction, but we may not be able to do so. We will have no liability to you in respect of any such request to cancel or amend a previously issued instruction where we are unable to do so.
7.5 The Member shall ensure that all instructions to Comhar Creidmheasa Ghaoth Dobhair are via CU247 are accurate and complete and that where appropriate , you, the member, correctly identifies the Account and Balance Name to which any amount is to be credited or debited. In particular, prior to confirming any instruction to Comhar Creidmheasa Ghaoth Dobhair Teo, the Member shall ensure that the instruction confirmation issued by CU247 is the instruction the Member intends to give. We shall be entitled to rely on such instructions once confirmed and same shall be final and binding on the member.
7.6 If we receive an instruction that does not have the information that we need to identify the Designated Account, for example IBAN and BIC, or Account Number and Sort Code, we may refuse to process it. We will tell you if we refuse to process an instruction for this reason. We will not be liable to you or anyone else if that results in any loss or expense.
7.7 The Member accepts that all transactions on an Account of any nature are subject to the Account balance being available, and transaction (s) on an account with un-cleared funds of any nature may not be processed until such times as the balance is cleared and available. We will not be liable for any expense or loss this may cause
8.0 Our Responsibilities
1. Our liability if you make a payment out of your account: If you give us an order to make a payment from your account, we are liable to you for its correct execution unless we can prove to you (and if necessary to the beneficiary’s PSP) that the beneficiary’s PSP received the payment. If we are so liable to you for a defective or incorrectly executed order, we will refund the amount of it to you and, if applicable, restore your account to the state that it would have been in if the defective or incorrect transaction had not taken place. Irrespective of whether we are liable to you or not in these circumstances, we will try to trace the transaction and notify you of the outcome.
2. Our liability if you receive a payment in to your account: If the payer’s PSP can prove that we received the payment for you, then we will be liable to you. If we are liable to you we will immediately place the amount of the transaction at your disposal and credit the amount to your account. If you have arranged for a direct debit to be paid into your account, we will be liable to transmit that order to the payer’s PSP. We will ensure that the amount of the transaction is at your disposal immediately after it is credited to our account. If we are not liable as set out above, the payer’s PSP will be liable to the payer for the transaction. Regardless of whether we are liable or not, we will immediately try to trace the transaction and notify you of the outcome.
3. We are not liable to you or anyone else for any loss or expense caused if the services are not available or are not working properly and will not be responsible for any losses caused if we make a payment in accordance with an instruction and that instruction contained an incorrect IBAN or BIC, or account number or sort code, or equivalent account details supplied by you. We will make every reasonable effort to get back any money involved in the transaction, but we may charge you for any reasonable costs that we have to pay.
9.0 Unauthorised transactions
9.1 The Payments Services Directive outlines the obligations on parties to the handling of unauthorised or incorrectly executed payments. It provides that the customer is entitled to a refund for an unauthorised withdrawal provided that you notify Comhar Creidmheasa Ghaoth Dobhair without undue delay on becoming aware of the payment. Undue delay in this regard would be considered to have failed to notify Comhar Creidmheasa Ghaoth Dobhair within 30 days after receipt by the customer of a statement of account showing the relevant debit. If you become aware of a transaction on your account that is unauthorised or incorrectly executed, you must tell us without undue delay and, in any event, within thirteen months of that transaction being debited from your account. You will be entitled to rectification from us if that transaction was unauthorised or incorrectly executed. If the transaction was unauthorised, we will refund the amount of it to you and, if necessary, restore your account to the state that it would have been in if the unauthorised transaction had not taken place. Under the PSD the Customer;
(a) May bear any loss of an unauthorised payment transaction, up to a maximum total of €75, if the unauthorised transaction resulted from (a) the use of a lost or stolen payment instrument or (b) your failure to keep the personalised security features of that payment instrument safe;
(b) you will bear all losses relating to an unauthorised transaction on your account if you incurred those losses by acting fraudulently or by failing, intentionally or with a gross lack of reasonable care, to keep the payment instrument and its security features safe, to use it in accordance with any terms that we tell you are applicable to it, and to notify us promptly of it being lost, stolen, misappropriated or used in an unauthorised manner;
(c) you will not bear any financial consequences resulting from the use of a lost, stolen or misappropriated payment instrument once you have acted with reasonable care and notified us in accordance with the timeframes regarding lost, stolen or misappropriated instruments
9.2 Refunds of direct debits: If a direct debit is taken from your account but:
(d) your direct debit authorisation did not specify the exact amount of the payment; and
(e) the amount of the payment exceeded the amount you could reasonably have expected taking into account your previous spending patterns, this Regulation 53 Information and other relevant circumstances; and
(f) you give us such factual information as we may require; and
(g) you did not give us consent in advance to the direct debit being taken from your account; and
(h) neither we nor the beneficiary of the direct debit made information available to you about the transaction at least four weeks before the debit date,
then you may request a refund from us of that direct debit for an eight week period following the debit date. We will then have ten Business Days to refund you, or give you reasons for our refusal to refund you.
We record the instructions you give us. If there is a dispute between you and us concerning the services, you agree to accept these records as decisive (unless it is clear we made a mistake).
11.1 We can introduce charges for the services but, if we do, we will tell you before we introduce them. The amount of notice that we will give you will follow the laws and regulations that apply at that time.
11.2 Should we proceed to charge account transaction fees for each payment transaction on flexi Accounts, these shall be shown in the relevant Schedule of Fees and Charges which are available from our office or online at www.gaothdobhaircu.ie .
11.3 We do not levy any additional charges for CU 247 Mobile Banking, however your mobile network operator may charge you for using or accessing the mobile network service. Any charges applied by your mobile network operator are beyond our control and you should refer to your mobile network operator for details of such charges.
11.4 We can change our fees or charges at any time, but will tell you before we do and the amount of notice that we will give you will follow the laws and regulations that apply at that time.
12.0 Duration, changes and termination
12.1 Your contract with us, as detailed in the Regulation 53 Information, is of indefinite duration. By completing the registration process you are deemed to have accepted these Terms and Conditions .
12.2 We may add to or change these terms and conditions at any time, for example, to meet new regulatory requirements or to enhance security. We may remove or change a service or add a new one at any time.
12.3 We may introduce fees or change the fees and charges we apply. We will give you two month’s notice in advance if we make any of these changes. If we change or add to these terms and conditions, and you do not wish to accept the change, you may end your use of CU257 by informing Comhar Creidmheasa Ghaoth Dobhair teo in writing that you no longer wish to use the service. If you do, these terms and conditions will come to an end once you have paid everything you owe us in relation to the services or these terms and conditions
12.4 We may change our rules concerning the services (for example transaction limits or daily limits) at any time and without telling you in advance. We will, however, always notify you about these changes.
12.6 We may end this agreement immediately, stop the services or block any payments if:
(a) you die;
(b) you are declared bankrupt or insolvent in the Republic of Ireland or anywhere else;
(c) you have failed security checks;
(d) we have reason to suspect there is unauthorised or fraudulent activity on your Account, even where we think you are innocent;
(e) we are required to do so by law, regulation or direction from an authority we have a duty to obey;
(f) you have breached these terms and conditions;
(g) you have breached the terms and conditions of any of your accounts.
13.0 Reading this Document
13.1 Each of these terms and conditions is separate from the others. If any of them is illegal or cannot be enforced, the rest will remain in full force and effect.
13.2 If we do not enforce the rights we have under these terms and conditions or we delay enforcing them, we may still enforce those rights in the future. This applies even if we did not enforce or delayed enforcing those rights on many occasions.
13.3 In these terms and conditions we sometimes give an example of something covered by a clause or definition. We do this to assist you. The scope of these terms and conditions is not limited to these examples.
13.4 Headings used in these terms and conditions are there to assist you and do not form part of the legal agreement between you and us.
14.0 Making a Complaint-Redress
We want to provide you with excellent customer service at all times. If you wish to make a complaint, please follow these steps: (a) Raise the complaint by calling 00353 74 9531279 and speaking with a staff member between 9am and 5pm Monday to Friday and 10-4 on Saturday. You can also write to us at Comhar Creidmheasa Ghaoth Dobhair Teo, Doire Beaga, Leitir Ceanainn, Co Dhun na Ngall. (b) If we have not resolved your complaint within five working Days, we will acknowledge it in writing. If the complaint is not resolved within 20 Days, we will give you a written update. If, after a further 20 Days, we still have not resolved the complaint, we will write to you again to explain the delay and to give you an indication of when we expect to resolve the matter. (c) When we have completed our investigation, we will write to you with the results. (d) If you are not satisfied with how we have dealt with your complaint, you may raise it with the Financial Services Ombudsman, 3rd Floor, Lincoln House, Lincoln Place, Dublin 2. Lo Call: 1890 88 20 90, Telephone: +353 1 6620899, Fax: +353 1 6620890, e-mail: email@example.com, website: www.financialombudsman.ie.
15.0 How Irish law applies to this Document
15.1 These terms and conditions and any matter arising from the services are governed by the laws of the Republic of Ireland and the courts of the Republic of Ireland will have exclusive jurisdiction in connection with them and the services.
15.2 Any references to law or taxation in these terms and conditions are accurate on the print date, and should be read to reflect later changes in the law or taxation.
You undertake to us to comply strictly with the Agreement. You acknowledge that your compliance with the Agreement is designed to minimise the risk of unauthorised use of CU 247. Except as set out elsewhere within these Conditions, you agree to indemnify us in full in respect of any loss or damages which may arise to Comhar Creidmheasa Ghaoth Dobhair Teo, you or any third party as a consequence of your non-compliance with the Agreement.