Conditions of Use – Banif Debit Cards
These Terms & Conditions, in conjunction with the General Terms & Conditions for Operating a Deposit
Account, the Terms & Conditions for Operating a Current Account and the Terms & Conditions for
Operating a Savings Account govern the use of the Banif Debit Card.
1. Scope and Definitions
a. Unless otherwise expressly specified hereunder, these terms and conditions govern the use of all Banif Bank (Malta) plc. Cards as defined in (e) below issued by the Bank to the Cardholders.
b. ‘Account’ means the savings or current account to which the Card is linked.
c. ‘Application Form’ is the form that shall be completed and submitted to apply for a Card.
d. ‘Bank’ means Banif Bank (Malta) plc. (Company Registration number C41030) with registered office 203, Level 2, Rue D’Argens Gzira GZR 1368, Malta,
e. ‘Card’ means the Banif debit card which is issued in the name of the Cardholder for the carrying out of all Card Transactions from an Account held with the Bank as provided in these Conditions of Use.
f. ‘Cardholder’ means the person in whose name an Account has been opened and in whose name a Card is issued.
g. ‘Card Transaction’ means any payment made for goods or services, cash withdrawals from a bank or financial institution (including ATM withdrawals) or transfer of funds made through the use of the Card or the Card number.
h. ‘Tariff of Charges’ means the document issued by the Bank containing all applicable fees and other additional information applicable to the opening, use, operation, cancellation, and renewal of debit cards.
2. The Card & PIN
All Cards issued are for use through an Account as provided herein.
The Card is linked to one or more Accounts held by the Cardholder (singly or jointly with others) with the Bank. In order to be issued with a Card, the applicant must first have an Account open in his name (or jointly with others) with the Bank and such Account/s is/are to be indicated in the Application Form. In the case of joint accounts, both account holders may apply for and be issued with a separate Card on the same Account, provided ‘anyone to sign’ mandate instructions are held.
The Bank shall debit the Account linked to the Card with the amounts of all Card Transactions made by the Cardholder using the Card, including any amount charged by any other bank or ATM network for the use of their ATM, together with all other amounts due by the Cardholder to the Bank from time to time pursuant to these Conditions of Use or any other terms in relation to the use of the Card even if the Cardholder has not specifically authorised that transaction.
The Card must be used by the Cardholder as provided in these Conditions of Use.
Each Card must be signed by the Cardholder as soon as it has been received. This signature may be used by merchants to authenticate the Cardholder when authorising card-present transactions.
The Card may only be used up to the last day of the month indicated in the ‘Valid Thru Last Day of’ area on the relative card and must be kept safe at all times.
The Card and all information stored thereon is the property of the Bank and can only be used for the purposes authorised by the Bank.
The Card must be returned by the Card Holder upon the Bank’s request.
The Bank may cancel or suspend the use of the Card if the Cardholder acts in breach of these Conditions of Use or if the Bank has another good reason for doing so, such as suspected fraud. In any such case, the Bank will inform the Cardholder as soon as reasonably possible and the Cardholder shall immediately stop using the Card and destroy it forthwith.
The Personal Identification Number (PIN) that shall be provided by the Bank to the Cardholder, must be memorised and the slip on which it is printed must be destroyed. The PIN is to be kept secret at all times and must not be written on the Card or on anything that is kept or stored with the Card.
The Card, Card Number and PIN shall not be used for any illegal purposes and shall only be used by the Cardholder whose name appears on the Card.
The Cardholder must give the Bank at least 60 days notice prior to the expiry date of the Card if he does not wish to renew the Card.
Failure to give such notice shall imply an intention to renew the Card.
Corporate Cards will be issued in the name of the corporate body in whose name the Account is held and will include the name of the individual to whom the relative Card has been issued. Any and all Card Transactions carried out by the said representative shall be considered as having been carried out by the corporate body. For the purposes of Corporate Cards, the term ‘Cardholder’ shall refer to the corporate body in whose name the Account is held and also to its duly authorised representative.
3. Use of Card
The Card will be accepted by banks and merchants displaying the Visa sign or symbol. The Bank shall not be liable for the refusal of any merchant to accept a Card.
The Cardholder should ensure that any transaction amount indicated by the relative merchant is correct before authorising payment through the Card. By signing a voucher or transaction record, entering the PIN or otherwise authorising payment, the Cardholder indicates his agreement that the transaction amount is correct and that the relative amount is to be debited from the Account.
The Bank shall not be responsible for goods and services supplied to a Cardholder, and any complaint in connection with any goods or services acquired by the Cardholder using the Card must be resolved with the respective merchant.
The Bank may temporarily block the use of the Card or refuse to authorise any one or more payments where it has reason to suspect unauthorised or unlawful activity. The Bank will endeavour to contact the Cardholder as soon as possible in any such case.
The Bank shall not be liable for any claim for loss or damages arising as a result of any refusal to authorise payment or any delay as provided above or in cases were failure or delay in providing the service is caused by industrial action, failure of power supplies, failure of software or equipment or for any other reason that is not attributable to the Bank, its agents or its employees.
The Bank shall impose a daily cash withdrawal limit for cash withdrawals made through the use of the Card. Such limit shall be published in the Bank’s Tariff of Charges and may be amended by the Bank in its sole and absolute discretion provided that adequate notice is given to the Cardholder.
4. Card Transactions
The Account linked to the Card will be debited with the amounts payable by the Cardholder pursuant to the relative Card Transactions, including all applicable fees and charges once the relative Card Transactions have been duly authorised by the Cardholder.
The Cardholder cannot ‘stop’ a payment made by use of the Card. If a merchant affects a refund on any Card Transaction which was debited from an Account, the Bank will credit the Account upon receipt of the refund.
The Cardholder is to ensure that sufficient funds are available in the Account to meet all Card Transactions as they are made. Notwithstanding the above, in the event that a Cardholder authorises a Card Transaction as a result of which the Account would be overdrawn, the Bank may at its sole and absolute discretion either refuse to authorise the payment or debit the Account with the relative amount, in which case the Bank shall charge interest on the overdrawn amount at the applicable interest rates. If an Account becomes overdrawn through the use of a Card, the Bank will charge a fee each time that the Card is used while the Account is overdrawn. In any such case, Cardholder shall be responsible to immediately pay the amount by which the Account is overdrawn.
The Bank shall not be responsible for any goods or services purchased or paid for by the Cardholder using the Card, and any dispute in connection with any goods or services acquired by the Cardholder using the Card must be resolved between the Cardholder and the respective merchant, supplier or service provider. Consequently, the Account will be debited once a Card Transaction has been authorised and any subsequent dispute between the Cardholder and the relative merchant, supplier or service provider shall not affect the debiting of the Account for the Card Transaction in question and any applicable fees, as the case may be.
Subject to any fees that may be charged by the Bank pursuant to these Conditions of Use, Card Transactions and any other charges incurred in currencies other than euro will be converted to euro on the date on which they shall be processed Visa in its capacity as operator and processor of the debit-card scheme of which the Card forms part, using the applicable exchange rates as determined by.
5. Charges & Fees
5.1 Annual Card Fees
An annual card fee that shall be determined by the Bank in its sole and absolute discretion will be debited from the Account upon the first issuance of the Card and on each subsequent annual anniversary.
5.2 Cash Withdrawal Fees
A cash withdrawal fee covering third party fees and the Bank’s processing fees shall be debited from the Account for:
- each cash withdrawal made by the Cardholder through an Automated Teller Machine (ATM) other than the Banif ATMs,
- each cash withdrawal made by the Cardholder through any bank branch displaying the Visa symbol other than a Banif branch.
The amount charged shall be dependent on the location and/or the bank or financial institution from which the relative cash withdrawal shall have been made or originated; Provided that the Bank’s processing fees in connection with such transactions shall be fixed by the Bank from time to time at its sole and absolute discretion.
5.3 Currency Exchange Fees
The Bank shall charge a currency exchange fee to the Account on transactions carried out in any currency other than euro.
5.4 Unauthorised Overdraft Fees
The Bank shall charge the respective Account in the event that the Account becomes overdrawn after a Card Transaction is effected. Such charge will apply when an authorised overdraft limit has not been extended to the Cardholder by the Bank.
5.5 Card &/or PIN Replacement Fee
A fee will be charged to the Account if a new Card or a new PIN is issued before the expiry date of the original Card.
Such fee will be waived by the Bank if the cause for the replacement of the Card and/or PIN is attributable to the Bank.
5.6 Disputed Transaction Fee
A fee will be charged to the Account if the Cardholder requests the Bank to dispute a Transaction on his behalf and the dispute is not determined in favour of the Cardholder.
5.7 Overseas Emergency Services
Applicable fees will be charged to the Account in the event that the Cardholder makes use of any emergency services made available by VISA.
The Bank further reserves the right to set new fees and charges in connection with the use of the Card. Such fees and charges will be published in the Bank’s Tariff of Charges, giving the Cardholder adequate notice before any such new fees and charges shall come into force.
All fees and charges referred to in this Clause 5 are indicated in the Tariff of Charges, which may be amended by the Bank from time to time in its sole and absolute discretion, subject to the Cardholder being giving adequate notice before any such new fees and charges shall come into force.
6. Disputed Card Transactions
The Cardholder shall be entitled to dispute a Card Transaction that is debited to his Account, in any of the following cases:
- A transaction was not authorised by the Cardholder;
- A transaction has been processed and the relative amount has been debited from the Account more than once;
- A transaction representing payment for a product or service which is not to the Cardholder’s satisfaction.
Despite notifying the Bank of a disputed transaction the Cardholder remains liable for any cash withdrawal or purchase made, including any accrued interest or charges until the dispute is resolved.
The Bank’s right to investigate any disputed transaction on an Account is restricted by time limits imposed by Visa in its capacity as operator and processor of the debit-card scheme of which the Card forms part. The ability of the Bank to dispute a transaction on the Cardholder’s behalf may be lost if the Cardholder does not notify the Bank within 90 days of the date of the disputed transaction. Delays in notifying the Bank may result in losing the right to dispute a transaction and the Cardholder will be liable for the value of that transaction, including any accrued interest and charges.
The Account holder is obliged to regularly check the balance and Card Transactions on the Account and to immediately inform the Bank of any irregular or unauthorised transactions appearing in the Account.
6.1 Notification Procedure
A Cardholder wishing to dispute any transaction shall report the transaction by calling the Bank’s B@nifone Service on Freephone Number 8007 3200. The Cardholder must give the Bank all information relevant to the transaction being disputed including full reason for the dispute. The Bank will also require the Cardholder to confirm the details in writing.
The Bank will give the Cardholder at least one month’s notice of any change of these Conditions of Use. All changes will come into force and shall be effective upon the expiry of the said one month’s notice.
8. Loss or Theft of Card
The Cardholder must notify the Bank immediately,
- if a Card has been lost or stolen; or
- if the PIN has become known to a third party; or
- if there is a suspicion that the Card and/or the PIN may have been misused in any way.
Following receipt of such notification, the Bank will immediately block the Card so that no further Card Transactions shall be possible until a new Card and a new PIN have been provided to the Cardholder.
The Cardholder shall be responsible for any transactions carried out using the Card, the Account or any details thereof before he shall have so notified the Bank as provided in this clause.
Notification of any of the events referred to in this Clause 8 must be made by the Cardholder by calling on Freephone Number 8007 3200 or 356 2260 1500 or by visiting any of the Bank’s branches during opening hours. Such notification may also take place at any bank branch displaying the Visa brand signage.
Alternatively, the Cardholder may call Visa International directly on 1 443 641 2004.
The Cardholder shall provide all the necessary and relevant information as requested by the Bank in an attempt to retrieve the Card or stop its misuse. The Cardholder hereby consents to the Bank passing on any such information to other organisations involved in the card payment cycle, to its advisors or sub-contractors and to the police.
If any Card/s is/are found after being reported lost or stolen, it/they should not be used and should be returned to the Bank or cut diagonally in half.
9. Data Protection and Confidentiality
The Bank is bound by the duty of confidentiality under the Professional Secrecy Act and the Banking Act and by the provisions of the Data Protection Act and accordingly all data will be kept secret and processed in terms of the applicable legislation.
While the Bank collects personal information in order to provide its products and services, it will treat all the Cardholder’s personal information as private and confidential. Nothing about the Cardholder’s relationship with the Bank will be disclosed to any third party, save as provided in these Conditions of Use or pursuant to the applicable legislation.
Information relating to the Cardholder will be recorded on the Bank’s database and used, analysed and assessed by the Bank and other members of the group of companies of which the Bank forms part in servicing the Cardholder’s relationship with the Bank. This information, including the nature of the Card Transactions, will be disclosed to members of the said group of companies and others, in order to provide the Cardholder with the service applied for, for marketing purposes, for the purposes of fraud prevention, for audit and debt collection, and to enable services to be processed for the Bank in Malta and overseas.
The Bank may also disclose information about the Cardholder and the conduct of the respective Account to any person to whom the Bank transfers its rights and obligations under these Conditions of Use.
The Cardholder must advise the Bank of any changes to his name, telephone number or address and, if so requested by the Bank, confirm it in writing.
The Bank may transfer its rights and obligations under this Agreement (including the obligation to lend) to someone else but the Cardholder’s rights under this Agreement will not be affected by such an event.
The Bank may from time to time make additional services or benefits available to the Cardholder as a result of his holding an Account and having a Card, and the Cardholder hereby authorises the Bank to divulge to third parties any information that may be required for such services or benefits to be made available to the Cardholder. The Bank will inform the Cardholder about any additional charges and terms that may apply. The Bank may change or withdraw such services or benefits by giving the Cardholder reasonable notice or such notice as shall be required by the applicable terms.
If the Bank chooses not to exercise any rights it has against the Cardholder, this shall not imply a waiver of such rights and subject to any applicable periods of prescription, the Bank shall be entitled to exercise any such rights at any time.
The Bank will charge interest at the relevant standard rate on amounts that are owed both before and after the Cardholder is ordered by a court to make payments to the Bank.
The Bank shall in no way be liable to the Cardholder or third parties if any third party banks, financial institutions, retailers, terminals or other machines do not accept the Card.
The Bank shall not be liable for events outside its reasonable control, including but not limited to failure or delay in providing the service that is the subject matter of these Terms and Conditions caused by industrial action, failure of power supplies, failure of software or equipment or for any other reason that is not attributable to the Bank, its agents or its employees.
If any taxes apply to the Cardholder as a result of entering into this Agreement, these shall be borne exclusively by the Cardholder.
These Conditions of Use shall be governed by and construed in accordance with the Maltese law and all disputes between the parties shall be subject to the exclusive jurisdiction of the Maltese Courts.
The Cardholder may terminate this Agreement and cancel the Card at any time by giving the Bank written notice and returning the Card cut in half. In the event that the Cardholder terminates this Agreement, he shall also be responsible to cancel all standing instructions or authorities he shall or may have given in relation to payments to and/or from the respective Account; provided that the Cardholder shall remain responsible for any Card Transactions made through the Account after termination of this Agreement.
The Bank may terminate this Agreement and withdraw the Card with immediate effect for any valid reason; Provided that the Bank shall notify the Cardholder of the termination of this Agreement and the cancellation of the Card immediately thereafter.
Notwithstanding the termination of this Agreement by any of the parties, the obligation upon the Cardholder to pay any amount due by him to the Bank pursuant to these Conditions of Use shall survive such termination and the amounts so due shall be repayable immediately upon termination.