Conditions

Overview

NetmasterGold conditions
NetmasterGold saver II conditions
NetmasterGold childrens account conditions
Gold current account conditions

NetmasterGold Conditions

Please read these conditions carefully. You may want to print off a copy for future reference. The NetmasterGold General Conditions below apply to use of the NetmasterGold service. Conditions also apply to each account that you operate using the NetmasterGold service. These can be found in the relevant areas of this website for NetmasterGold branded accounts or, for Norwich and Peterborough branded products, in the relevant account brochure or on the Society's website. For your convenience a copy of Norwich and Peterborough's general conditions for savings and investments appears on this website.

DEFINITIONS

These definitions apply to the NetmasterGold General Conditions and to the separate NetmasterGold account conditions:

  • "access password" means the NetmasterGold access password used by you to access your Internet enabled account(s) via the service
  • "Account holder" (or "you") means the person(s) in whose name(s) an Internet enabled account is held;
  • "Internet enabled account" means your Society current account or other Society account you access via the service;
  • "Rules" means the Rules of the Society as amended or replaced from time to time;
  • "service" means the NetmasterGold service which is accessed via the Internet (www.npbs-gibraltar.co.uk);
  • "Society" (or "we" or any related expression) means Norwich and Peterborough Building Society of Peterborough Business Park, Lynch Wood, Peterborough, United Kingdom, PE2 6WZ
  • "telephone password" means the password agreed between you and us to enable us to provide you with certain services in relation to your Internet enabled account(s) over the telephone.

NetmasterGold General Conditions

In the event of any conflict between any of these NetmasterGold General Conditions and any conditions relating to any Internet enabled account operated using the service, the NetmasterGold condition will apply where the service is used

Use of the service

1. The service may only be used by persons aged 18 years or over.

2. You may only use the service if you hold a Society account that is an Internet enabled account.

3. You may only use the service once we have accepted your application to use it.

4. It is your responsibility to ensure that your computer hardware and software meet the minimum requirements for the service.

5. It is your responsibility to ensure that each computer that you use to access the service is free from malicious programs. This can be achieved by regularly running up to date anti-virus software, updating each computer with the latest Operating System patches and by using a personal firewall. You must not access the service from a computer to which third parties have access (for example, at work, in a library or Internet cafe etc.).

6. You will require an Internet connection to use the service. Your Internet Service Provider may charge for this. You may also incur telephone call charges whilst using the service depending on the terms of your agreement with your Internet Service Provider.

7. Access to the service will be withdrawn immediately if you close or if we close any of your Internet enabled accounts.

8. It may be an offence to import or use the encryption technology used in the service in some countries. As the service uses sophisticated cryptography to ensure the safe transit of data across the Internet, you should check with the appropriate authority before using the service outside of the United Kingdom.

9. We cannot guarantee continuous, uninterrupted service. On occasions we may need to interrupt the service to carry out maintenance of it, for other operational reasons or for reasons beyond our control. We will not, therefore, be liable to you for a failure to provide a continuous, uninterrupted service.

Payments and transfers

10. Standing orders may not be backdated or brought forward to be paid on the day of access via the service or amended on the day which payment is due to be made.

11. It is your responsibility to ensure that any amendments to standing order or direct debit instructions are correct.

12. Payments using the payment facility cannot be made on the day of access via the service or amended on the day when payment is due to be made.

13. Money may only be transferred to and from Internet enabled accounts. Transfers made between Internet enabled accounts are immediate (i.e. they cannot be forward or backdated).

14. An upper transaction limit of £10,000 applies to all payment and standing order functions.

15. A £10,000 per day transaction limit applies to all payments.

Joint accounts

16. If an Internet enabled account is a joint account, we will (subject to 17 below) accept instructions from any one of you via the service, provided that a valid access password is used. Any one of you may instruct us in writing, at any time, that we should only accept the authority of all account holders in relation to the operation of an Internet enabled account which is a joint account (in which case the service will cease to be available in respect of that Internet enabled account).

17. If an Internet enabled account has been set up with us so that the signature of more than one Account holder is required to operate it, payments cannot be set up from that Internet enabled account using the service. A mandate signed by all signatories would be required for us to set up such payments.

18. Each of you will have your own individual access password to access the service.

Cancelling instructions

19. Once we have accepted an instruction to make a payment, you may only cancel it if we have not already acted upon it, or if we are able to cancel the action which we have taken. If we accept your instructions to cancel a payment, we may make a charge for this.

Passwords and unauthorised transactions

20. You must keep your access password and selected personal information secret at all times and not permit either to become known to any other person (including Society staff), intentionally or otherwise.

21. You must memorise your access password and not keep a record of it (even in disguised form).

22. You must immediately change your access password on the first occasion when you first use the service. The new access password you select must be exactly 10 characters in length.

23. You must notify us as soon as possible if your access password becomes known to, or if you think it may be known by, anyone else. A telephone service is available for this purpose on +44 (0)1733 362621, UK Hours - 8am to 8pm Monday to Friday and 9am to 5pm Saturdays. An answerphone is available outside these times.

24. When contacting the NetmasterGold Helpline you will need to quote your telephone password as previously advised to us, this should be kept secret and only disclosed to Helpline staff. It is not the same as the access password used to access your account(s) via the service.

25. If your access password is used without your consent, you will not be liable for any unauthorised transactions which take place after you have notified us under condition 23, and providing you have complied with your other obligations set out in conditions 20 to 24. If someone carries out any unauthorised transactions before you notify us under condition 23, the most you will have to pay is £50. However, if your access password is used with your permission, or because of your gross negligence, or because you have acted dishonestly, you will be liable for all the unauthorised transactions.

Charges

26. You will be liable for the cost of any proceedings, costs, claims, actions, demands, losses or liabilities incurred by us arising out of your failure to comply with these conditions or, where applicable, the Rules.

27. The Society will not be responsible for any costs incurred by you from any Internet Service Provider or for the cost of any telephone calls whilst using the service.

Variations

28. We may vary these conditions by giving you at least 30 days' notice. We will only do so:

  • to reflect market conditions, general banking or building society practice; or
  • where we consider this to be fairer; or
  • to take account of any change in the law, regulation, code of practice, decision or announcement affecting our business, or the service or the account or any change of working practice, technology or procedure; or
  • where we consider that there is an appropriate commercial reason to do so.

29. When we change the conditions relating to the service we will notify you about the changes at least 30 days' before we make the change by either letter or email. The notice will tell you when the change will take effect. Any accidental failure on our part to notify you of a change will not invalidate the change itself.

Termination

30. You may withdraw from the service at any time by written notice given to the Society at its principal office, Peterborough Business Park, Lynch Wood, Peterborough, United Kingdom, PE2 6WZ. You will, of course, be liable for all charges and fees relating to the service up to and including the date of withdrawal.

31. We may terminate your access to the service by giving notice to you. We may also terminate your access to the service, without giving notice to you, if we have a valid reason for doing so (and we will advise you of that reason).

Jurisdiction

32. These conditions shall be governed and construed in accordance with English law. You agree to submit exclusively to the jurisdiction of the courts of England and Wales in relation to the determination of any issue relating to or arising out of these conditions or your use of the service.

Service improvements

33. We are constantly working to improve customer service and to enhance our range of products. We therefore reserve the right to develop and enhance the NetmasterGold service.

NetmasterGold saver II conditions

These are the specific conditions that relate to the NetmasterGold saver II account (the "NmG saver II Account"). They should be read together with the Society's general conditions for savings and investments and the NetmasterGold General Conditions. In the event of a difference between any specific condition of the NmG saver II Account nd any of the general conditions, the specific condition will apply.

About the NmG saver II Account

The NmG saver II Account is a deposit account and, therefore, you will not become a shareholding member of the Society when you open your NmG saver II Account and you will not have any associated rights.

1. You agree to be bound by the rules, insofar as they are applicable to depositors, as amended from time to time.

2. Your NmG saver II Account will be opened on the date your application is accepted.

3. The rate(s) of interest payable on money invested in the NmG saver II Account are variable and may be varied at any time in accordance with the General Conditions for savings and investments.

4. The NmG saver II Account is only available to Society customers who are individuals and who will be the beneficial owner(s) of the money in the NmG saver II Account. The NmG saver II Account is only available to customers who are registered and eligible to use the service.

5. Should you withdraw from the service, or have your access to the service terminated by us, we will close your NmG saver II Account and pay the whole of the balance in the NmG saver II Account together with the interest on it at the rate or rates currently being paid (less any charges or other sums due to us) to you.

6. Should you close your Society current account or have such account closed by us, we will close your NmG saver II Account and pay the whole of the balance in the NmG saver II Account together with the interest on it at the rate or rates currently being paid (less any charges or other sums due to us) to you.

7. The NmG saver II Account must not be used for business banking purposes. The overall limit for investment in the NmG saver II Account is £20,000.

8. You may only be linked to one NmG saver II Account. If this is a joint account you may not hold an additional NmG saver II Account in your sole name.

9. Money may only be transferred to and from the NmG saver II Account via the service and through your Society current account (which must be an Internet enabled account). Access to the NmG saver II Account is not available through branches of the Society, its Contact Centre or by post.

10. Interest earned on the NmG saver II Account will not be credited to any other account (except in the event of closure).

11. Statements for the NmG saver II Account will only be provided on-line using the service. You should check the transactions on your NmG saver II Account frequently and let us know as soon as you can if you have any queries.

NetmasterGold children's account specific conditions

These are the specific conditions that relate to the NetmasterGold children's account (the " NmG children's Account"). They should be read together with the Society's general conditions for savings and investments and the NetmasterGold General Conditions. In the event of a conflict between any specific condition of the NmG children's Account and any of the General Conditions, the specific condition will apply.

About the NmG children's Account

The NmG children's Account is not a share account and, therefore, you will not become a shareholding member of the Society on opening the NmG children's Account and you will not have any associated rights. If you are already a member of the Society, your membership will not be affected by opening the NmG children's Account.

1. You agree to be bound by the rules of the Society, insofar as they are applicable to depositors, as amended from time to time.

2. The NmG children's Account will be opened on the date your first investment is made.

3. The rate of interest payable on money invested in the NmG children's Account is variable (which means that it may either go up or down) and may be varied at any time in accordance with the General Conditions for savings and investments.

4. The NmG children's Account is only available to Society customers who are registered and eligible to use the service. The NmG children's Account can only be opened as a trustee account. You must be the parent(s) and/ or guardian(s) of the beneficiary (who must be a child aged under 16 years). Only one NmG children's Account of this type may be opened per beneficiary.

5. If your current account is in your sole name, the NmG children's Account will be opened with you named as sole trustee. If your current account is a joint account and you either do not have access via the service to any other current accounts or you only have access to other current accounts held in your joint names, the NmG children's Account will be opened with both joint account holders named as joint trustees. If your current account is a joint account, but one of you also has access via the service to another current account which is held in a sole name (the "sole named account"), you may choose:

5.1 whether to open the NmG children's Account with both of the current account holders named as joint trustees; or

5.2 whether to open the NmG children's Account with only you as the holder of the sole named account as trustee.

In all cases where there are joint trustees, the NmG children's Account may be operated by either trustee. We regret that it is not technically possible to require the authority of both trustees for a transaction. In the event of a dispute between the trustees, please advise us as soon as possible in order that the balance may be transferred to either a branch based or postal account.

6. If you hold the NmG children's Account as a sole trustee and you either withdraw from the service or have access to the service terminated by us, we will give you at least 30 days' notice to close the NmG children's Account or to transfer the balance to a branch based or postal account. If you fail to close the NmG children's Account within the notice period or to transfer the balance to a branch based account or a postal account, we will close the NmG children's Account and send you a cheque for the balance together with any interest due on it at the rate currently being paid (less any charges or other sums due to us). The cheque will be made payable to the trustee or trustees (as the case may be) and will be sent to the address we hold for you in our records.

6.1 If you hold the NmG children's Account as a joint trustee and either one of you withdraws from the service or has access to the service terminated by us, we will transfer the NmG children's Account into the name of the account holder that retains access to the service on a sole trustee basis. If both of you withdraw from the service or have access to the Service terminated by us, we will give you at least 30 days' notice to close the NmG children's Account or to transfer the balance to a branch based account or a postal account . If you fail to close the NmG children's Account within the notice period or to transfer the balance to a branch based account or a postal account, we will close the NmG children's Account and send you a cheque for the balance together with any interest due on it at the rate currently being paid (less any charges or other sums due to us). The cheque will be made payable to the trustee or trustees (as the case may be) and will be sent to the address we hold for you in our records.

7. Upon the beneficiary reaching the age of 16 years, the NmG children's Account must be closed. We would be pleased to advise of other accounts that are available at the time. Please note, however, that under the current tax legislation, the balance would need to be transferred to an account in the beneficiary's own name in order for them to continue to receive interest gross (subject to the required registration).

8. The NmG children's Account must not be used other than as a trustee account on behalf of the named child as beneficiary. The overall limit for investment in the account is £10,000.

9. Money may be transferred to and from the NmG children's Account via the service and through an Internet enabled account that is a current account. Money may also be paid in at any branch of the Society and by post.

10. Interest earned on the NmG children's Account will not be credited to any other account (except in the event of closure or transfer).

11. Statements will only be provided online. You should check the entries regularly and let us know if you have any queries.

Gold Current Account conditions

These conditions relate to the use of your Gold Current Account and should be read together with the NetmasterGold General Conditions.

The Gold Current Account card can be used as a cheque guarantee card, as a card to withdraw cash from a LINK or VisaPLUS cash machine and as a Visa debit card for use in an Electronic Funds Transfer at Point of Sale (EFTPOS) terminal to acquire goods, services or cash. The Society may also permit it to be used to obtain other services that the Society may provide from time to time.

About your account

You will not become a member of the Society on opening your account and will not have any associated rights.

DEFINITIONS

In these terms and conditions conditions:

  • "the Society" (or "we") means Norwich and Peterborough Building Society of Peterborough Business Park, Lynch Wood, Peterborough, United Kingdom, PE2 6WZ;
  • " the account" means a Gold current account;
  • "account holder" (or "you") means the person(s) in whose name(s) the account is held;
  • "this agreement" means the agreement between the Society and you relating to the account and in which these Conditions are incorporated;
  • "card" means a card issued for use with the account;
  • "cheque book" means a cheque book issued by the Society for use in connection with the account;
  • "the password" means the password agreed between the Society and yourself to enable the Society to provide you with certain services in relation to the account over the telephone;
  • "the PIN" means the Personal Identification Number issued by the Society for use with your card;
  • "EFTPOS terminal" means any system used to accept transactions made by a Visa debit card or other debit card;
  • "rules" means the Rules of the Society as amended or replaced from time to time;

Use of the account

1. You agree to be bound by the Rules in so far as they are applicable to depositors. See section "About your account" above.

2

(i) The account is only available to individuals who are residents of Gibraltar aged 18 or over.

(ii) The account may not be used for commercial or business purposes and the Society accepts no liability in respect of an account used for such purposes. If we believe that the Account is being used for business purposes, we reserve the right to make transaction charges in line with our current business banking tariff, or to close the Account after giving you 30 days notice of our intention to do so.

Payments and Withdrawals

3. We reserve the right to decline to open an Account.

4. Unless you pay money into the Account at least once every month, we may close your account after giving 30 days' notice of our intention to do so.

5. You may withdraw up to £500 cash each day provided that you do not draw in excess of the cleared credit balance on the account and any approved overdraft facility.

6. You must allow four clear working days, (i.e. not including Saturdays, Sundays and public holidays) from the day you pay a cheque into your Account before drawing against it. We may alter this period from time to time by notice to you. You should note that, on occasions, cheque's may be returned unpaid beyond this period.

7. We will debit the account with:

(i) withdrawals from the account and payments made out of the account through cheques, use of the card at cash machines, EFTPOS terminals and other devices or elsewhere;

(ii) transactions on the account authorised by you or by any joint account holder;

(iii) the amount of any cheque paid into the account, which is not subsequently cleared, with effect from the date the cheque was received;

(iv) any charges, fees or interest due to us in respect of the account in accordance with our scale of charges for accounts opened in Gibraltar from time to time (a copy of which is available from the Gibraltar branch or on this website);

(v) the costs of recovering or attempting to recover monies owing by you to us if a debit balance on the account remains outstanding for seven days after a request from us to you to bring the account into credit or within an approved overdraft facility as varied.

8. We will not be liable if a retailer, supplier or bank refuses to accept use of the card. If a retailer or supplier agrees to make a refund, we will credit the account with the amount when we receive the refund. We will not be liable for any delay in receiving the refund.

9. A request for authorisation of an EFTPOS transaction will not be granted if the card has been notified as lost or stolen or if we become aware that you have drawn more on the account than you are permitted.

10. We may refuse to make a payment on a cheque, direct debit, standing order or EFTPOS transaction unless you have sufficient cleared funds in your account, or a sufficient approved overdraft facility, at 5.00pm on the weekday (i.e. any day other than a Saturday, Sunday and public holiday) before the day the payment is due.

11. The maximum bill payment that can be made through our Gibraltar branch is £10,000 per transaction. There is no limit to the number of payments that can be made per day. Bill payments are subject to the availability of cleared funds or an approved overdraft facility.

Interest

12. Interest on any credit balance is calculated on a daily basis and credited to the account monthly. Cash and monies received into the account by Bankers' Automated Credit will earn interest from the day of their receipt by the Society. Cheques paid into the account will earn interest from the third day after the day we receive them.

Overdraft facility

13. If you are granted an overdraft facility you will be entitled to use it, up to the approved limit, on the terms, at the rate of interest and monthly overdraft usage fee as we may notify to you from time to time. Overdraft interest is calculated on a daily basis on the cleared balance of your account and debited to the account monthly. We will notify you in advance of the amount of interest and other charges to be debited to the account.

14. If you exceed your approved overdraft facility, we may debit the account with any charges (including an unauthorised interest charge) in accordance with our scale of charges for accounts opened in Gibraltar in force from time to time.
15.

(i) We may at any time by notice to you require the amount of any debit balance on the account to be repaid immediately in full or in part;

(ii) We may at any time cancel or amend any overdraft facility by notice to you.

16. We may from time to time by written notice to you set the whole or part of any credit or debit balance in the account:

(i) against any credit or debit balance in any other account or accounts held in your name with the Society; or

(ii) against the outstanding debit balance of any other loan or loans you may have with the Society (whether or not secured).

Joint Accounts

17. If the account is a joint account we will accept the instructions of any one of the account holders for all withdrawals and for any other purpose in connection with the account.

18. All agreements, indemnities, obligations, liabilities and authorities given by one or more of the joint account holders shall be assumed to be joint and several. In other words, each of you will be fully liable in respect of the account, together and individually.

Cheques

19. When using the Card as a cheque guarantee card you must:

(i) use only cheques taken from the cheque book;

(ii) sign and date the cheque in the presence of the payee;

(iii) ensure that the payee writes the card number on the reverse of the cheque;

(iv) not draw a cheque for more than £100, nor issue more than one cheque in respect of any one transaction or to the same payee at the same time or on the same day;

(v) not issue a cheque in excess of the cleared funds or the approved overdraft facility available on the account;

(vi) not stop payment of the cheque;

(vii) not use this facility outside Gibraltar or the United kingdom or after the expiry date of the card; and

(viii) accept that the Society may debit the amount of any cheque, whether guaranteed or not, to the account without reference to you (even if the cheque bears any irregularity) and you will be liable for the payment of any debit balance so created, together with interest and other charges.

20. We may refuse to pay any cheque without incurring any liability to you or to any third party, whether or not there are sufficient funds in the account or whether or not there is a sufficient approved overdraft facility to meet the cheque. We will only refuse to pay a cheque where there is sufficient money in the Account or a sufficient approved overdraft facility to meet the cheque where there is a proper reason for doing so. (For example, because the cheque has not been written out correctly or where there is a court order that requires us to freeze the Account.)

21. If you post-date a cheque and it is presented to us before the date you have inserted, we may pay the cheque at the time it is presented, or return it as we choose and without any liability to you.

Cards

22. The card may only be used by the account holder to whom it was issued and whose name is shown on the card. You must sign the card immediately on receipt and keep it secure at all times and separate from your cheque book, PIN and any password.

23. We will accept responsibility for faults which occur in systems which belong to us, which cause you to suffer a loss, unless the fault was obvious or notified by a message or notice on display. We will not be responsible for any consequential loss suffered by you or by any third party.

24. We may issue a further card from time to time unless you notify us in writing that you do not wish us to do so.

25. The card and the cheque book remain the property of the Society and must be returned on demand or on closure of the account. We may refuse to issue or reissue a cheque book or any card (without giving a reason) but will only usually do so if you are in breach of these conditions.

PINs and/or passwords

26. You must keep the PIN, your Password and selected personal information secret at all times and not permit them to become known to any other person, intentionally or otherwise.

27. You must memorise the PIN and Password and not keep a record of them (even in disguised form). You must immediately destroy the notification of the PIN which we send you. You can ask not to be issued with a PIN.

28. The PIN can be changed at LINK cash machines owned by Moneybox, and those of some other institutions. You must inform us, as soon as you can, and change the PIN and/or Password if you believe that anyone else knows them.

Charges and expenses

29. You will be liable for the cost of any proceedings, costs, claims, demands, losses or liabilities incurred by the Society arising out of:

(i) the Society stopping payment of a cheque at your request; or

(ii) your failure to comply with the rules or these conditions.

Changes

30. We may change these Conditions from time to time. We will only do so:

(i) to reflect market conditions, general banking or building society practice; or

(ii) where we consider this to be fairer; or

(iii) to take account of any change in the law, regulation, code of practice, decision or announcement affecting our business or this account or any change of working practice, technology or procedure; or

(iv) where we consider that there is appropriate commercial reason to do so.

31. If the change is to your disadvantage, we will tell you about it personally at least 30 days before we make the change. At any time up to 60 days from the date of the notice you may, without notice, switch your money to another account without having to pay any extra charges or interest for doing this.

32. We may make any other change immediately and tell you about it within 30 days.

33. We may change the interest rates and any fees and charges applying to the account or introduce new fees and charges by giving notice to you. We may do so for one or more of the following reasons;

(i) if it is reasonable to do so in order to reflect a change or changes which have occurred, or which we reasonably expect to occur, in interest rates or charging methods generally or in the banking services sector;

(ii) to preserve, increase or reduce margins between interest rates paid to our customers or the providers of funds to us, and interest rates charged to borrowers from us, in the interests of our business as a whole;

(iii) if we consider it necessary for the prudent or efficient operation of our business;

(iv) because of any change in the cost of administering borrowers' accounts;

(v) to reflect a decision or recommendation made by a court, regulatory body or Ombudsman (including the Financial Ombudsman Service) or other official body or as a result of any change (or anticipated change) in the law;

(vi) by agreement with you.

34. When we change the interest rates applying to the Account, we will tell you about the changes within 30 days by either:

  • letter, e-mail or other personal notice; or
  • within three working days of the change by prominent notices/leaflets in our Gibraltar branch and by advertisement in the Gibraltar Chronicle . We will state the previous and new interest rates. We will also have the previous and new rates for the account available by telephoning our Gibraltar branch or by visiting our Internet site within three working days of the change.

35. When we change any fees and charges in relation to the Account, we will give you at least 30 days' notice.

Statements of account

36. When you have made transactions on the account during the month we will send you a statement for that month. You may also ask us to send you statements on a more frequent basis although we may charge for this service. You should notify us immediately if any statement includes an item which appears to be incorrect.

Closure

37. You may close the account at any time by written notice to us at our Gibraltar branch, provided that you return the card and all unused cheques and pay to us the amount of any debit balance on the account. You must then also pay to us any other amounts due to us in respect of the account, whether arising on or after the date of termination.

38. We may close the account and end this agreement by giving you at least 30 days' notice. We may also close the account and/or refuse to accept any further monies without giving notice to you if there are exceptional circumstances, for example, fraud. We will always tell you why we are closing or have closed the account. If we close the account we will pay to you the amount of any credit balance on the account (after deduction of any charges or other sums due to us). If you cannot be traced after reasonable enquiry, the account may be closed and the balance held in a suspense account for such period as we may deem fit, after which it may be forfeited to us (provided that we may repay the balance in the event that a valid claim is received).

Lost or stolen

39. You must notify us as soon as possible if the cheque book or the card is lost or stolen or liable to misuse or if the PIN, password or selected personal information becomes known to anyone else. A 24-hour telephone service is available for this purpose on Peterborough +44 (0) 1733 372374.

40. We will accept and act on notice of loss received from a recognised card notification organisation, e.g. Sentinel Card Services.

41. If notice of loss of the cheque book or card is given orally, you must confirm it in writing within seven days at the Society's Principal Office at Peterborough Business Park, Lynch Wood, Peterborough, United Kingdom, PE2 6WZ.

42. We will not provide a replacement cheque book or card until we have received written notice of the loss from you or a card notification organisation.

43. Unless we can show that you have acted fraudulently or without reasonable care, your liability for misuse of the card will be limited as follows:

(i) if someone else uses the card before you tell us that it has been lost or stolen or that someone else knows your PIN, you will not be liable for more than £50. After we have been notified, you will not be liable for any further use of the card by anyone else;

(ii) if someone else uses the card details without your permission, and the card has not been lost or stolen, you will not be liable.

44. If someone else uses the card before you receive it, you will not be liable.

45. If you ask us about a card transaction we will give you details of it. In some cases, you will be required to give us confirmation or evidence that you have not authorised a transaction. If we need to investigate the matter further we will need you to co-operate with us, our agents and with the police if we need to involve them.

46. If you act fraudulently you will be responsible for all losses. If you act without reasonable care and this causes loss, you may be responsible for it. This may be the case if you do not follow Conditions 26,27 and 28 and other advice that we give you about taking care of the card and PIN

Notices

47. Except for notification of a change in interest rates, any notice to you under this Agreement may be given by us by publication in the Gibraltar Chronicle or by written notice to you (including in a statement).

Transfer

48. We may transfer or assign this Agreement and/or our rights and obligations under this Agreement. If we are of the view that in so doing this will serve to reduce the assurance which the Society provides to you, we will endeavour to obtain your prior agreement.

Information about you

49. We will add to your record with the credit reference agencies who we use details of our agreement with you and any default or failure to keep to its conditions and any deliberate non payment following a change of address without notice. If this is a joint account, an "association" will be created between each account holder at credit reference agencies which will link your financial records. You and anyone else with whom you have a financial link will understand that each other's information will be taken into account in all future applications by either or both of you. The linking will continue until one of you successfully files a "disassociation" at the credit reference agencies.

The credit reference and fraud prevention agencies will also use the records for statistical analysis about credit, insurance and fraud.

You may obtain the names and addresses of the credit reference and fraud prevention agencies we use from time to time by telephoning +44 (0)800 883322. You have right of access to your personal records held by these agencies.

We will also use and disclose the information relating to you and your accounts in the following ways:

  • To assist in tracing and pursuing debtors
  • To comply with any request for information received from any appropriate regulatory body
  • To allow us to provide you, by post, e-mail or telephone, with details of any products and services that we provide or which companies within our Group provide or which other companies with whom we have business relationships provide, which we think may be of interest to you
  • For general business purposes, marketing and research.

50. We may search your record at a credit reference agency/agencies from time to time before giving you details of any products or services that we provide or which companies within our Group provide or which other organisations with whom we have business relationships provide, which we think may be of interest to you.

51. We may make periodic searches of our records, credit reference and fraud prevention agencies to manage the Account, to take decisions regarding credit, including whether to make an overdraft facility available or to continue or extend an existing overdraft facility. The searches will not be seen or used by lenders to assess your ability to obtain credit.

Governing Law

52. The account will be domiciled in England and operated in accordance with English law. The Conditions shall be construed in accordance with English law.

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