- Introduction & Miscellaneous
- Changes to these terms and conditions
- Duration of agreement to be bound by these terms and conditions
- Security and Authentication
- Account Balances & Statements
- Instructions and Recording of Instructions
- Payments from Member’s Accounts
- Instructions by Electronic Mail
- Joint Accounts
- Club Accounts
- Members Draw Subscriptions
- Dubco Mobile Banking Application
- Our responsibilities
- Your responsibilities
- Making a complaint
“Account” means the account or accounts denominated in euro opened by you with us (whether in sole or joint names) and designated by you as an account which may be utilised in availing of the online banking services.
“Agreement” means the agreement concluded between us and you for the purposes of receiving any of the online banking services through Dubco online banking which consists of (1) the Registration Process(es); (2) these terms and conditions; and all other documents that are incorporated into these terms and conditions or otherwise become part of our agreement with you including all other terms and conditions in respect of any account you have with us.
“Business day” means a day (other than a Saturday, Sunday, public holiday, or any other day on which the Credit Union is not open to the Public) on which we are generally open for business in Ireland.
“Dubco” means Dubco Credit Union Limited with its registered office at Little Green Street, Dublin 7.
“Dubco Mobile Banking App” means a software application designed specifically for accessing Dubco online banking from a Mobile Phone.
“Dubco online banking” means any online system provided by us to enable you to access and utilise certain (at our discretion) online banking services via the internet, and includes that system when accessed via a tablet computer, mobile phone, and/or by way of the Dubco Mobile Banking App
“Dubco PIN” means the personal identification number allocated to you by us for use in registering and accessing Dubco online banking, with our consent, through Dubco online banking.
“Instruction” means any request, direction, or communication through Dubco online banking by which the Member seeks to have Dubco take any action in relation to the online banking services, and includes an instruction given by electronic mail pursuant to section 9 of these terms and conditions.
“Online banking services” means the services which we will supply, at our discretion, to you from time to time through Dubco online banking which may include (without limitation) allowing you to: (a) access information on an Account, including the balance of, and details of recent transactions on, the Account; (b) request statements on an Account; (c) make a Money Transfer; (d) make a Bill Payment; (e) Manage Direct Debits on your accounts; (f) create and manage standing orders in relation to your accounts; (g) subscribe to the Members Draw; and/or (h) apply for or access personal loan facilities. For the avoidance of doubt, we may, at our discretion, only make available a limited number of the online banking services and we may add other services to the online banking services suite.
“Security Credentials” means such details as the member shall provide during registration for Dubco online banking and which the member will be required to confirm, at Dubco’s discretion, when providing an instruction.
“Unique Identifier” means a combination of letters, numbers or symbols used to identify the bank account or card account of the payee when processing a payment (for example, national sort code (NSC) of the payee”s bank and the payee”s account number or the payee”s International Bank Account Number
(IBAN) and the Bank Identification Code (BIC) of the payee”s bank or the payee”s sixteen digit card number.
Any reference in these Conditions to “you”, “your”, and “Member” means the Account holder to whom (or, in the case of joint Accounts, to each of whom) any Dubco PIN is issued, and includes the personal representatives and successors of the Account holder and where appropriate includes any Joint Account holder or any person authorised to act on your behalf.
Any reference to “Dubco”, “we”, “us” and “our” means Dubco Credit Union Limited and includes our successors and assigns.
2. Introduction & Miscellaneous
2.1. The use by a member of any of the online banking services offered by Dubco constitutes an agreement to be bound by these terms and conditions in the use of the online banking services.
2.2. These terms and conditions are supplemental to and should be read in conjunction with any other terms and conditions in respect of accounts held by a member and all shall apply to your use of the online banking service(s).
2.2.1. The reference to any other terms and conditions in respect of accounts includes but is not limited to:—
Dubco Share Account Terms and Conditions; Dubco Special Term Share Account Terms and Conditions;
Dubco Fixed Term Deposit Account Terms and Conditions.
Dubco Demand Deposit Account Terms and Conditions.
Dubco Flexi Account Terms and Conditions;
Dubco Flexi Account Overdraft Terms and Conditions;
Dubco Members Draw Rules;
Payment Services Terms and Conditions pursuant to Regulation 53 of the European Communities (Payment Services) Regulations
2.2.2. Should there be a conflict between these terms and conditions and any such other terms and conditions, these terms and conditions shall prevail.
2.3. All of a Member’s accounts and their use of services including online banking services are subject to the Rules of Dubco and to the provisions of the Credit Union Act, 1997-2012 (as amended) and any other applicable legislation.
2.4. The appearance that a particular instruction can be given via Dubco online banking is not a promise that that instruction can be carried out on your behalf. We reserve the right to decline or reverse an instruction or action taken on foot of an instruction or attempted action entered into via Dubco online banking or to choose not to follow an instruction given via Dubco online banking which would be a breach by the member of the rules of Dubco or a breach of these terms and conditions, or any of the other terms and conditions to which the Member is subject, or for any other reason deemed necessary by Dubco.
2.5. Dubco may remove or change an online banking service or add a new one at any time.
2.6. In interpreting and/or construing these terms and conditions the headings to the clauses and/or sections of these terms and conditions shall be disregarded.
2.7. In interpreting and/or construing these terms and conditions the singular shall include the plural and vice versa.
2.8. In interpreting and/or construing these terms and conditions the male pronoun shall include the female and vice versa.
2.9. Each of the provisions contained in these terms and conditions shall be severable and distinct from one another. If any one or more of such provisions at any time is or becomes invalid, illegal or unenforceable, the validity, legality and enforceability of each of the remaining provisions of these terms and conditions shall not thereby be in any way affected, prejudiced or impaired.
2.10. 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.
2.11. The Member agrees that they have entered into the agreement for their own benefit and not for the benefit of another person, and may not subcontract or assign any of their rights or obligations under the agreement
2.12. These terms and conditions shall be governed by, and construed in accordance with the laws of Ireland.
2.13. Any controversy or claim arising out of or in connection with this Agreement, other than a controversy or claim governed by the European Communities (Payment Services) Regulations 2009, shall be referred to mediation facilitated by a mediator. The mediator will be chosen by agreement between the parties. In default of agreement, a mediator will be nominated by the President for the time being of the Law Society of Ireland.
In default of resolution at the mediation, the dispute shall be determined by an arbitrator. The place of arbitration shall be Dublin, Ireland. The language to be used in the arbitral proceedings shall be English. The Arbitration Tribunal shall consist of a single arbitrator appointed by agreement between the parties or, failing agreement between the parties within 30 days after a request for arbitration is made by any party, appointed on the application of any party by the President for the time being of the Law Society of Ireland.
2.14. Where legal action or proceedings in connection with these terms and conditions are brought, subject to clause 2.13., such action or proceedings may be brought only in or before the Courts of Ireland, and you hereby irrevocably and unconditionally submit to the jurisdiction of such Courts.
2.15. The Dubco online banking service is not available to members under 16 years of age.
2.16. The Dubco online banking service is not available in respect of a joint account in respect of which the signatures of more than one account holders are required to authorise a payment.
3. Changes to these Terms and Conditions
3.1. Dubco may add to or change these terms and conditions at any time for such reasons as Dubco deem valid, for example, to meet new regulatory requirements or to enhance security.
3.2. Any member who is subject to these terms and conditions will be notified in advance by Dubco of any changes to these terms and conditions.
3.3. The amount of notice to be given by Dubco pursuant to the preceding term will follow the laws and regulations that apply at that time. In default of any law or regulation governing the amount of notice to be given, Dubco will give at least 2 months notice in writing.
3.4. If Dubco changes or adds to these terms and conditions, and a member does not wish to accept the change, that member may end the agreement for the use of the online banking services.
3.5. If a member does not seek to end the agreement, the member will be deemed to have accepted the changes to the terms and conditions on the date on which the member has been notified that the changes will come into effect.
3.6. Dubco may change its rules concerning the online banking services (for example transaction limits or daily limits) at any time and without informing members in advance.
4. Duration of agreement to be bound by these terms and conditions
4.1. The Agreement does not have a minimum or finite duration and will continue to be binding on the parties until it is terminated.
4.2. A member may make a request in writing to end this agreement at any time. In those circumstances, the member will cease to be bound by these terms and conditions once the member has paid everything they owe to Dubco in relation to the online banking services, and these terms and conditions.
4.3. Dubco may end this agreement and any or all of the online banking services by giving you 2 months notice in writing.
4.4. Dubco may without notice end this agreement immediately, stop the services or block any payments if:
(a) The member dies;
(b) The member is declared bankrupt or insolvent in the Republic of Ireland or elsewhere;
(c) The Member fails any security check;
(d) Dubco has reason to suspect there is unauthorised or fraudulent activity on any account of the member, even where we think that Member is innocent;
(e) Dubco is required to do so by law, regulation or direction from an authority Dubco has a duty to obey;
(f) The member breaches any of these terms and conditions;
(g) The member breaches any other terms and conditions in relation to any account with Dubco.
4.5. If a member closes their account(s), they may no longer be able to use the online banking service(s).
5. Security and Authentication
5.1. A member will be given a Dubco PIN when registering for Dubco online banking. That Dubco PIN will be unique to them and they will need it to use the online banking services.
5.2. A member will be asked for and must provide security credentials when registering for Dubco online banking, including but not necessarily limited to a current e-mail address.
5.3. A member must keep the Dubco PIN and any other security credentials secret. A member must not write down or record any of them in a way that would let someone else use any of them against the member’s will.
5.4. Dubco may ask a member to answer security questions, or to use another security credential, before allowing the member to use an online banking service.
5.5. If a member knows or suspects that their Dubco PIN or other security credentials are known by someone who should not know it, the member must immediately inform Dubco.
5.6. A member must maintain suitable equipment to enable them to use online banking services, for example, a computer with a suitable browser and up-to-date security software.
5.7. Dubco put reasonable IT security measures in place. Dubco cannot, however, guarantee the privacy or security of any information that concerns a member and passes over the internet. This is because of the nature of the internet. If a member uses an online banking service, they acknowledge and accept the attendant risks.
5.8. A member uses Dubco’s online banking services at their own risk.
6. Account Balances & Statements
6.1. Dubco makes every reasonable effort to ensure the information given to a member about balances is accurate and complete. However:
6.1.1. The information Dubco gives a member via Dubco online banking is not conclusive evidence of the state of their Account. (If a member needs a conclusive statement, they should contact Dubco directly.);
6.1.2. We will not compensate you or anyone else for any loss or expense which occurs as a result of any inaccuracy in information we give you regarding your Account balance.
6.2. A member acknowledges that any balance quoted through Dubco online banking in respect of any account may be no more up to date than being the balance at the relevant close of business for that account on the Business Day prior to the day of the quotation and that the balance may not be appropriately adjusted to include any debit or credit (whether paper or electronic) transactions processed or issued since the close of business. A member accepts that, as the balance quoted may contain uncleared transactions, it may be adjusted in the event of non-payment of any such transactions and may not be fully up to date.
7. Instructions and Recording of Instructions
7.1. The member permits Dubco to act on any instruction given by the member or which appears, in good faith, to have been given by the member, whether via Dubco online banking or otherwise. This permission cannot be revoked.
7.2. Once an instruction has been received with the correct security credentials, the member agrees that Dubco can act on it without making further security checks.
7.3. The member acknowledges and agrees that there may be a time lag between the time the member sends the instruction to Dubco via Dubco online banking and when Dubco actually receives the instruction, and the member further acknowledges that Dubco accepts no responsibility for that.
7.4. The member agrees that all instructions are considered irrevocable. The member can ask Dubco to cancel or amend any instruction, but Dubco may not be able to do so. Dubco will have no liability to a member in respect of any such request to cancel or amend a previously issued instruction where Dubco is unable to do so.
7.5. Dubco shall be entitled, but not obliged, to record the instructions given to Dubco by members via Dubco online banking.
7.6. In the event of a dispute between a member and Dubco as to the online banking services, the member agrees to accept the record as accurate (unless it is clear that Dubco has made a mistake in creating or maintaining the record).
8. Payments from Member’s Accounts
8.1. The member authorises Dubco to act upon any instruction to debit an Account received through Dubco online banking which has been transmitted using all or any part of any authentication process which Dubco may require to be used in connection with Dubco online banking without requiring us to make any further authentication or enquiry, and all such debits shall constitute a liability of the member(s).
8.2. When a transaction is authorised by use of all or any part of any authentication process, the use of such authentication process will be regarded as conclusive evidence that the transaction was authorised by the member. Dubco will be deemed to have received the transaction on the Business Day that it was authorised subject to applicable cut-off times.
8.3. A member wishing to give an instruction to make a payment will have to go through a set-up process in relation to any payee. Dubco may at its sole discretion apply additional requirements in the process for authenticating an instruction to set-up a payee, and you hereby acknowledge that this may take some time and that, as a result, it may not be possible to make a first payment to new payee on the business day on which the instruction to set up that payee is sent to Dubco. This will not affect your ability to make payments to payees which you had set up previously.
8.4. When we are given an instruction in relation to a payment on your account, we must be given that instruction before 2pm on one of our Business Days. This is the cut-off time. If we are given that instruction after that cut-off time, we will be deemed to have received that instruction on our next following Business Day. If we agree with you that an instruction is to be executed on a particular Business Day, then we will be deemed to have received that instruction on that particular Business Day.
8.5. Once we are deemed to have received an instruction under 8.4 above, you agree that we have up to the end of the first Business Day following the date of deemed receipt under 8.4 above to so credit that amount to the payee’s payment service provider.
8.6. When you give us an instruction to make a payment from your account, we will need you to provide us with the details of the beneficiary of the payment (i.e. their account number and sort code, and/or their BIC and IBAN, together with any other relevant identification details for the payment service provider (‘PSP’) with which they hold their account.) We may also need you to verify that instruction by signature or by use of a password, or by other means, depending on the type of account that you hold and whether you have previously made a payment to the particular beneficiary. All of this information, taken together, is known as the ‘unique identifier’ that you must give us. In giving us that unique identifier, you will be consenting to our execution of that instruction for you. You cannot withdraw that consent after you have given it to us. However, if the instruction is for a direct debit to be taken from your account, you can revoke that instruction and your consent by notice to the beneficiary of that direct debit up to close of business on the business day before
the funds are to be debited from your account. If the instruction is for a standing order to be taken from your account, you can revoke that instruction and your consent by telephoning 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. In exceptional cases, we may allow you to withdraw your consent after the times specified above, but our specific agreement will be required and we will not be obliged to do this.
8.7. Maximum transaction and daily limits apply to the amount you can pay from your Account in any one day using the Dubco online banking services. We can change these limits at any time. Details of the current limits are available on our website and/or on request from Dubco.
8.8. Dubco may refuse to authorise a transaction if:
8.8.1. The member has not authorised the transaction in accordance with condition 8.1 above;
8.8.2. Dubco are prevented from following the instruction by any law or regulation or other circumstances beyond reasonable control;
8.8.3. The member does not have sufficient cleared and available funds in their account(s) to meet the instruction concerned and all applicable charges;
8.8.4. The member has not provided Dubco with all the information or has not followed all the instructions Dubco has given to enable Dubco to execute the transaction; or
8.8.5. This agreement is terminated without notice pursuant to Condition 4.4.
8.9. Where we refuse to process an instruction pursuant to condition 8.8, we will not be liable to the member or anyone else if that results in loss or expense.
8.10. If you give us an instruction to make a payment from your account and we execute it in accordance with the correct unique identifier, we will be taken to have executed it correctly as regards the beneficiary of that instruction. If you give us an incorrect unique identifier, we will not be liable for the non-execution, or defective execution, of the instruction. We will, however, make reasonable efforts to recover the funds involved.
8.11. We cannot guarantee the day or date on which the funds will be available to the recipient as the PSP where the payee has their account controls payment into that account. We are not responsible for that.
8.12. You agree that we may use intermediary or agent banks and clearing and settlement systems of our choice to execute any payment.
9. Instructions by Electronic Mail
9.1. Notwithstanding any other term or condition of these terms and conditions, or of any future mandate, or other agreement or course of dealing between Dubco and you, you hereby authorise and request (but do not oblige Dubco) to rely upon and act in accordance with any communication or instruction in relation to the online banking services which you may from time to time give or purport to give by electronic mail.
9.2. Dubco shall be absolved of any and all responsibility for any loss of liability of any nature (direct or indirect) suffered by you as a result of any error in transmission of any instruction by electronic mail or as a result of Dubco acting on any instruction by way of electronic mail which Dubco believes in good faith to have been made by you and Dubco is authorised to act without further enquiry upon any such instruction received by electronic mail.
9.3. Any instruction received by way of electronic mail shall be an instruction for the purposes of each and every other relevant provision of these terms and conditions.
10. Joint Accounts
10.1. The Dubco online banking service is not available in respect of a joint account in respect of which the signatures of more than one of the account holders are required to authorise a payment. You hereby agree not to use Dubco online banking in respect of such an account.
10.2. Dubco may at its sole discretion allow members who hold a joint account of the sort referred to at 9.1. to use Dubco online banking for the purpose of accessing information about their account such as balances and recent transactions. If Dubco allows such members to use Dubco online banking for those purposes, these terms and conditions apply to such use.
10.3. Dubco reserves the right to reverse, avoid, void, or refuse to process any payment instruction or instruction given in breach of condition 10.1.
10.4. Where your Account is held in the name of two or more persons at any time, and only one signature is required to authorise payments from the account, any of you can use the services. Only one Dubco PIN, (and any other security credentials required) will be issued in respect of a given Joint Account.
10.5. If your Account is held jointly in the name of two or more persons at any time, each of you is jointly and severally liable under these terms and conditions and for any instruction we get from any of you. 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, regardless of whether or not you all agreed to the instruction or knew about it.
11. Club Accounts
11.1. The Dubco online banking service is not available in respect of a Club Account in respect of which the signatures of more than one of the account holders are required to authorise a payment. You hereby agree not to use Dubco online banking in respect of such an account.
11.2. Dubco may at its sole discretion allow members who hold a Club Account of the sort referred to at 10.1. to use Dubco online banking for the purpose of accessing information about their account such as balances and recent transactions. If Dubco allows such members to use Dubco online banking for those purposes, these terms and conditions apply to such use.
11.3. Dubco reserves the right to reverse, avoid, void, or refuse to process any payment instruction or instruction given in breach of condition 11.1.
11.4. If your Account is held jointly in the name of two or more persons at any time, each of you is jointly and severally liable under these terms and conditions and for any instruction we get from any of you. 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, regardless of whether or not you all agreed to the instruction or knew about it.
12. Members Draw Subscriptions
12.1. Pursuant to condition 2.2, subscriptions to the Dubco Members Draw are subject to the Dubco Members Draw Rules.
12.2. Where a member subscribes to the Members Draw via Dubco online banking, it will be the responsibility of the member to ensure that their contribution to the Members Draw has been taken from their account.
12.3. Dubco accepts no liability for incomplete subscriptions or failed attempts to subscribe to the Members Draw via Dubco online banking howsoever any such failure arises.
13. Dubco Mobile Banking Application
13.1. It is a condition of the use of Dubco online services via the Dubco Mobile Banking App that Members undertake to uninstall the Dubco Mobile Banking App from their mobile phones and/or tablet computers if this agreement is terminated at any time.
13.2. Members may cease to access the online banking services at any time by deleting the Dubco Mobile Banking App.
13.3. The Dubco Online Banking App uses the internet to communicate your instructions and information to Dubco. In the circumstances, Clause 5.7 of this agreement applies to the use of the Mobile Banking App.
13.4. All communication costs associated with accessing or using the Dubco Mobile Banking app are at the Member’s expense.
13.5. The availability of the Dubco Mobile Banking App may be suspended from time to time by Dubco for operational reasons and in this event no liability will attach to Dubco.
14. Our Responsibilities
14.1. To the extent permitted by law, and notwithstanding anything to the contrary herein, we shall not be liable for, and shall be indemnified in full by you against, any loss, damage or other liability that you or we may suffer arising out of or in connection with any payment from, or payment or intended payment to, your Account unless such loss, damage or liability is caused by our fraud, wilful default or gross negligence. In no circumstances will we be liable for any increased costs or expenses, or for any loss of profit, business, contracts, revenues or anticipated savings or for any special, indirect or consequential damage of any nature.
14.2. If we make a mistake when we carry out your instruction, we will correct that mistake. If necessary, we will pay money into your Account and correct our records of your Account. The amount we pay will ensure that your Account is restored to the way it would have been if we had processed the instruction correctly.
14.3. Sometimes, due to circumstances beyond our control we may not be able to provide you with access to Dubco online banking or to certain services via Dubco online banking.
14.4. Sometimes, despite our reasonable efforts, the Dubco online banking services may not be available or may not be working properly.
14.5. We are not liable to you or anyone else for any loss or expense caused if the services are not available or do not work properly.
14.6. We 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;
15. Your Responsibilities
15.1. If a person (who is not you or one of you where the account is in your joint names) carries out an unauthorised transaction on your Account, you must tell us as soon as possible, but no later than 13 months after the date of the transaction.
15.2. 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 provided that:—
15.2.1. You will bear the loss of an unauthorised transaction on your account, up to a total of €75, if the unauthorised transaction resulted from (a) the use of a lost or stolen security credential or Dubco PIN or (b) your failure to keep any security credentials or Dubco PIN safe.
15.2.2. 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 any security credential and/or Dubco PIN safe, to use them in accordance with any terms that we tell you are applicable to them, and to notify us promptly of their being lost, stolen, misappropriated or used in an unauthorised manner;
15.2.3. You will not bear any financial consequences resulting from the use of a lost, stolen or misappropriated security credential or Dubco PIN once you have notified us that it has been lost, stolen or misappropriated and where that use takes place after the date of such notification.
16.1. At present there is no additional charge for using any service via Dubco online banking, though the usual charges in relation to the service will continue to apply.
16.2. We can introduce charges for accessing services via Dubco online banking 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.
17.1. Save where expressly provided, any notice required to be given by you to us in connection with the subject matter of the Agreement shall be given in writing and sent through the post addressed to:—
Dubco Credit Union Limited, Little Green Street, Dublin 7. 17.2. Save where expressly provided, any notice required to be given by us to you in connection with the subject matter of these terms and conditions may be given by any of the following means:—
through the post;
by advertisement published in at least one national daily newspaper;
through our website;
by means of another durable medium; or,
by any other means required or permitted by law
18. Making a complaint
Dubco strongly encourages any member with a grievance to bring it to Dubco directly so that all efforts can be made to resolve issues amicably.
If you have a complaint in relation to the matters governed by the SEPA Regulations, and you do not want to come to us in relation to that complaint, you may be able to refer your complaint to the Financial Services Ombudsman.
Contact details are as follows:
Financial Services Ombudsman Bureau, 3rd Floor, Lincoln House, Lincoln Place, Dublin 2.
Lo-call 1890 662090, Tel. (01) 662 0699, Fax (01)6620890, Email: email@example.com