Notification of changes to Terms and Conditions for AIB Kiosk Banking


From 11th May 2015 some amendments to the Terms and Conditions for AIB Kiosk Banking (Terms and Conditions) will take effect. These changes update the Terms and Conditions to ensure consistency with other AIB product/facility terms and conditions and provide for the possible future extension of AIB Kiosk Banking to other Banking Services.
 

Defined terms in this document have the meaning given to them in the Terms and Conditions unless otherwise defined below.  As additional conditions have been inserted in the Terms and Conditions, the numbering of conditions here reflects the numbering in the Terms and Conditions, as amended, unless indicated otherwise.

Amended Text Conditions Amended and Reasons Why

Account means the account or accounts opened by you with us (including, but not limited to, an AIB Credit Card account) (whether in sole or joint names) and designated by you as an account which may be utilised in availing of the Banking Services through a Kiosk.
 

Agreement means the agreement concluded between us and you for the purposes of receiving any of the Banking Services through AIB Kiosk Banking which consists of (1) these Conditions; (2) the Privacy and Security Policy; (3) the Debit Card Terms and Conditions of Use; (4) the Data Protection Notice and all other documents that are incorporated into these Conditions or otherwise become part of our agreement with you including all Account Conditions.
 

AIB App means an AIB application which can either (1) be downloaded from a software application distributor(s) or (2) be available on a Kiosk and which can be used to access AIB Phone & Internet Banking, AIB Kiosk Banking and/or any of the Banking Services.
 

AIB Group means Allied Irish Banks, p.l.c. and any other company which is now or later becomes a subsidiary or holding company of Allied Irish Banks, p.l.c. or a subsidiary of such holding company; 'subsidiary' and 'holding company' are to be construed in accordance with sections 7 and 8 of the Companies Act, 2014.
 

Banking Services means the services which we will supply, at our discretion, to you from time to time through AIB Kiosk 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) conduct a cheque search (in respect of cheques written within the preceding two months); (c) request statements on an Account; (d) make a Money Transfer; (e) make a Bill Payment; (f)   set up, amend, or cancel a standing order; (g) access balance and other statement information in relation to other AIB Group member products purchased by or provided to you; and (h) manage features of your AIB Credit Card and Debit Card, in accordance with the relevant Account Conditions, including reporting your cards lost or stolen, requesting a replacement card, requesting a card pin reminder and adding a travel note. For the avoidance of doubt, we may, at our discretion, only make available a limited number of the Banking Services to you on AIB Kiosk Banking.
 

Bill Payment Account means an account of a third party which has been set up by us for Bill Payment arrangements. The list of Bill Payments Accounts (which may be added to or changed by us from time to time) will be made available to you and you may designate Bill Payment Account(s) from the list for Bill Payment through AIB Kiosk Banking.
 

Data Protection Notice means the data protection notice which sets out the terms upon which any personal data received in respect of the Agreement will be gathered and processed, and which is published on the Website, together with any consents you have given to AIB Group/Ark Life regarding use of your personal data.
 

Debit Card means any debit card issued by us to you or any Authorised User (as defined in the Debit Card Terms and Conditions) for the purposes of effecting transactions on the Account.
 

Fees Booklets means the editions of our booklets 'A Guide to Fees & Charges for Personal Accounts', ‘A Guide to Currency Accounts’, 'Business Fees and Charges' and 'Schedule of International Transaction Charges'.
 

Kiosk means an in-branch machine capable of accepting and processing requests with the use of a Debit Card and PIN or a Registration Number and PAC.
 

International Payment means any payment which is not a euro payment to an account in accordance with the relevant SEPA Rules and which is made at the debit of a Nominated Account using AIB Kiosk Banking.
 

PIN means the secret personal identification number allocated by us and/or subsequently chosen by you for use in conjunction with a Debit Card.
 

Privacy and Security Policy means the documents called 'Privacy Statement’ and ‘Security Policy' published on the Website and/or any AIB App from time to time.
 

Security Device means any numbers, codes, words or other security measure or procedure we require you to use in connection with the Banking Services, including but not limited to, a Registration Number, PAC, Debit Card and/or PIN.
 

User means the Account Holder to whom (or in the case of joint Accounts, to each of whom) access to Banking Services through AIB Kiosk Banking is available.
 

Website means any AIB website used by you to access any of the Banking Services from time to time.

The Definitions Section has been updated to more accurately reflect the meaning AIB attributes to these terms and/or to reflect the new possibility of new products being made available on AIB Kiosk Banking.
AIB Phone & Internet Banking means the systems made available by us to customers to enable them to access and utilise at our discretion certain banking services (as defined in the AIB Phone & Internet Banking Terms and Conditions) via the internet and/or other internet-based telecommunication and/or by telephone in accordance with the AIB Phone & Internet Banking Terms and Conditions. In the Definitions Section, a new definition has been added for clarification purposes to reflect the use of this term in the Terms and Conditions.
Any reference in these Conditions to 'you' and 'your' includes the User and your personal representatives and successors and where appropriate includes any joint Account Holder or any person authorised to act on your behalf. This clause which appears at the end of the Definitions Section, has been amended to fix a typographical error.

1.2 In particular and without prejudice to the generality of the application of the Account Conditions, the Account Conditions contain information and provisions relating to:
 

1.2.1 the information and Unique Identifiers you must supply to us in order for a payment to be properly executed;
 

1.2.2 execution timeframes;
 

1.2.3 liability in respect of unauthorised, non-executed and incorrectly executed payment instructions;
 

1.2.4 interest and exchange rates;
 

1.2.5 the manner in and frequency with which we will communicate with you; and
 

1.2.6 the language we will use to communicate with you.

A sub clause in Condition 1.2 relating to a variation of the agreement was removed as it was provided for in another condition.

4.1 We shall be entitled, but not obliged, to record all communications from, or instructions given by, you to us, or messages sent by us to you through (including through My Messages) AIB Kiosk Banking.
 

4.2 You authorise us to act upon any instruction to debit an Account received through AIB Kiosk Banking which has been transmitted using all or part of any Security Device and/or any other authentication process (which may, or may not, include use of all or part of a Security Device) which we may require to be used in connection with AIB Kiosk Banking without requiring us to make any further authentication or enquiry, and all such debits shall constitute a liability of yours. Where your Account is maintained in joint names the liability of the Account Holders shall be joint and several.
 

4.3 When a transaction is authorised by use of a Security Device and/or any other authentication process (which may, or may not, include use of all or part of a Security Device), the use of such authentication process will be regarded as conclusive evidence that the transaction was authorised by the User. We will be deemed to have received the transaction on the Business Day that it is authorised subject to applicable cut-off times. The applicable cut-off times are available on the website or on request from any AIB branch.
 

4.6.1 You shall ensure that all instructions given by you to us through AIB Kiosk Banking are accurate and complete, and that, where appropriate, you correctly identify the Account/account (including any Unique Identifier required) to which any amount is to be credited or debited. In particular, prior to confirming any instruction to us, you shall ensure that the instruction which is relayed back to you confirming the instruction that you sent through AIB Kiosk Banking is the instruction which you intend to give. We are not responsible for any delay or error which arises from incomplete, unclear, inconsistent or mistaken instructions which you give us or by us accepting such instructions. Where you give us inconsistent instructions (for example, where the receiving bank's NSC or BIC and its name and address details do not match) we shall not be liable for acting in accordance with any part of those instructions. We are entitled to rely on any instruction from you using AIB Kiosk Banking, and, for the avoidance of doubt, the processing by us of any such confirmed instruction shall be final and binding on you. We shall not be liable for any delay or error which arises from incomplete, unclear, inconsistent and/or mistaken instructions which you give to us

Condition 4 was amended to clarify that the Bank is not required to request a Security Device from you in order for a payment to be authorised by you through AIB Kiosk Banking.
5.2 Payments submitted on a non-Business Day or outside the applicable cut-off times (see condition 6 below) on a Business Day, will be processed on the next Business Day in accordance with the Account Conditions.

Condition 5.2 was amended to reflect a change of procedure.

The previous condition 5.3 has been deleted.

7.2 If you suffer fraud through AIB Kiosk Banking, we will refund you the full amount taken fraudulently from your Account, provided that :
 

7.2.1 you have not acted fraudulently; and
 

7.2.2 you have acted fully in accordance with these Conditions (in particular Condition 2) and your Account Conditions;
 

7.3.2 have intentionally or because of your gross negligence not used or failed to keep safe any Security Device in accordance with these Conditions or any terms and conditions applicable to it; and/or
 

7.3.3 have intentionally or because of your gross negligence failed to notify us of any loss, theft or misappropriation of any Security Device without undue delay (in accordance with Condition 2.4).

A new condition 7.2 was inserted and condition 7.3.2 amended to reflect the “Online Security Promise” which AIB is now providing to all AIB Kiosk Banking customers.

 

Condition 7.3.3 was amended to clarify that the customer must act in accordance with condition 2.4.

8.1 You acknowledge that any Account balance quoted through AIB Kiosk Banking may not be fully up to date. For instance the quoted Account balance may not have been appropriately adjusted to include any debit or credit (whether paper or electronic (including via SMS Message)) transactions processed or issued since close of business on the previous Business Day. You accept that, as the Account balance quoted may contain uncleared transactions, it may be adjusted in the event of non-payment of any such transactions. You also accept that for certain Accounts an account balance may not always be available.  Condition 8.1 was amended to clarify the account balance which will appear on AIB Kiosk Banking for your accounts.
9.4 You shall carefully examine AIB Finance & Leasing and/or Ark Life account information received by you from time to time and shall report any errors or omissions to AIB Finance & Leasing and/or Ark Life, as appropriate, in writing within 30 days from the date of dispatch of such account information. In the event that no error or omission is reported by you within the time specified, AIB Finance & Leasing and/or Ark Life shall be entitled to rely on the conclusiveness of the relevant account information as respects further transactions, provided that nothing herein will prevent AIB Finance & Leasing and/or Ark Life or you subsequently adjusting the account information to correct an error or omission, but in that case without any claim to compensation or damages arising on account thereof. Condition 9.4 was amended to correct a typographical error.
13.2 Save where expressly provided, any notice required to be given by AIB to you in connection with the subject matter of the Agreement may be given by any of the following means: through the post, by advertisement published in at least one national daily newspaper, by advertisements displayed throughout the AIB branch network, or by electronic message through AIB Kiosk Banking, or through our Website or by means of another durable medium or by any other means required or permitted by law, with details of the alteration or the altered Conditions. Condition 13.2 was amended to correct a typographical error.
19.2.4 change authentication procedures or processes for accessing AIB Kiosk Banking and while we will use reasonable endeavours to minimise any inconvenience caused to you, you accept that these events may occur and that we have no liability to you in the event of this happening. Where we change authentication procedures for accessing AIB Kiosk Banking then, notwithstanding Condition 12 we may introduce these procedures by giving instructions to you via the Kiosk in respect of which such procedures are being introduced. Some typographical amendments were made to condition 19.2.

25.1 The following provisions of this Condition 25.1 shall apply to business Account Holders only. For the avoidance of doubt, if you are an individual and use AIB Phone and Internet Banking both in relation to your capacity as a Consumer and for the purposes of your business, trade or profession, this Condition 25.1 only applies to you to the extent that you use are using AIB Phone and Internet Banking for the purposes of your business, trade or profession:
 

25.1.1 Without prejudice to any other exclusion or limitation on liability under the Agreement, and notwithstanding any other provision of the Agreement, to the extent permitted by law, we shall not be liable for any loss suffered by you in connection with the Agreement except to the extent directly attributable to our fraud or negligence or where Condition 7.2 applies.
 

25.1.4 You indemnify and agree to keep us indemnified against all loss suffered or incurred by us and all claims made against us in relation to the Agreement provided that we will not be entitled to rely on this indemnity in respect of any loss or claim attributable solely to our fraud or negligence or where Condition 7.2 applies. For the avoidance of doubt, in the case where any Account is held with a subsidiary of AIB p.l.c. or an associated company of AIB, such subsidiary or associated company shall be entitled to the benefits of this indemnity.
 

29.1.5 You represent and warrant to us that you are entitled and authorised to enter into the Agreement and that the provisions of the Agreement constitute legal, valid and binding obligations on you.
 

29.1.6 As a business Account Holder, you acknowledge and accept that some of the Banking Services may not be made available to you.
 

25.2 For the avoidance of doubt, the provisions of Condition 25.1 shall not form a part of the Agreement between us and any party using AIB Phone and Internet Banking as a Consumer, and nothing in Condition 25.1 shall in any way affect the interpretation of any other provision of an Agreement between us and any party using AIB Kiosk Banking as a Consumer. If you are an individual and use AIB Kiosk Banking both in relation to your capacity as a Consumer and for the purposes of your business, trade or profession,, you will deemed to have entered two separate and distinct Agreements (one as Consumer and one as a business Account Holder) with us and neither shall be interpreted by reference to the other.
 

25.3 Nothing in the Agreement shall affect any of your statutory rights in relation to your use of AIB Kiosk Banking as a Consumer, except to the extent permitted by law.

 

Condition 25 was amended to reflect both that Kiosk Banking will be available to holders of both personal and business Debit Cards and the introduction of the Bank’s “Online Security Promise”.
The numbering of conditions referred to in other conditions was also amended as appropriate to reflect the number which that condition now has.  

If you continue to use AIB Kiosk Banking after these amendments take effect on 11th May 2015, you will be deemed to have accepted these changes and no further action is required by you. These changes do not in any way affect your entitlement to end your use of AIB Kiosk Banking.