Card Conditions eDankort - Danske Bank

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Card Conditions eDankort - Danske Bank

Danske Bank A/S. CVR-nr. 61 12 62 28 - KøbenhavnThis is a translation of an original document in the Danish language. In case of discrepancies, the Danish version prevails.C A R D C O N D I T I O N SE - D A N K O R TBelow we set out the conditions that apply toeDankort cards.The list of charges for Dankort cards alsoapplies to eDankort cards.1 eDankort card conditionsThese conditions apply to the use of eDankortcards and are a supplement to Danske Bank’sterms and conditions for Danske eBanking.2 UseTo be able to make eDankort payments, youmusthave a Danske eBanking agreementregister for eDankort payments in DanskeeBankinghold an account with Danske Bank and havea Dankort or Visa/Dankort (“Dankort”) card.eDankort is a payment function in DanskeeBanking for a Dankort card account.You make eDankort payments by using youruser ID and personal password for DanskeeBanking.You may use the eDankort feature to buygoods and services online. Unless otherwiseagreed, purchases may not exceed the currentbalance in your account. In addition,transactions in your accounts are subject tothe rules that apply to the individual accountsand your Danske eBanking agreement.eDankort logos on websites tell you whethermerchants accept eDankort payments.3 Online purchasesTo make eDankort payments, you must choosethe eDankort payment method on a merchant’swebsite. When you make an eDankortpayment, you must state the name of youronline banking solution. You are then taken toDanske eBanking, which will load when youhave entered your user ID and personalpassword. You authorise payments by enteringyour user ID and personal password. If you canmake eDankort payments from differentaccounts, you must choose the account thatyou want to use as a debit account. Generally,you cannot revoke transactions alreadyauthorised (see 10 for exceptions).When you have made an online purchase, youwill receive an electronic receipt from themerchant stating details such as the name ofthe merchant, the amount and the date. Makesure that the amount on the receipt matchesthe amount of the purchase. The amount willgenerally not be debited to your account untilthe merchant has provided the goods orservices. You should keep the receipt until youhave verified the entries in your account.4 Protection of your user ID and passwordYour user ID and personal password may beused only by you and may not be disclosed toanybody else.You should memorise your personal password.Do not reveal your password to anyone by anymeans. If you are unable to memorise youreDankort Page 1 of 8 Danske Bank, Holmens Kanal 2-12, DK-1092 København KTel. +45 33 44 00 00, Fax +45 70 12 10 80


Danske Bank A/S. CVR-nr. 61 12 62 28 - KøbenhavnYou must cover losses up to DKK 8,000 if youreDankort card and personal password havebeen used andyou failed to notify us as soon as possibleafter you discovered that another personhad found out your personal password, oryou disclosed your personal password tothe person having fraudulently used yourcard, while you did not and could not beexpected to realise that there was a risk ofunauthorised use, oryou made unauthorised use of your cardpossible through gross negligence.You are liable for the full loss if your eDankortcard and personal password have been usedfraudulently in the following circumstances:You disclosed your personal password tothe person having fraudulently used yourcard, and you realised or were expected torealise that there was a risk ofunauthorised use.You are also liable for the full loss if you havecommitted fraud or have deliberately failed tofulfil your obligations to protect your personalpassword (see 4) or block your card (see 6).You are not liable for losses arising after wehave been asked to block your eDankort card.Moreover, you are not liable for losses if youare unable to block your card because ofconditions for which we are responsible.8 Danske Bank’s liabilityDanske Bank is liable for the tardy or defectiveperformance of its contractual obligationsresulting from error or negligence. Even inareas of increased liability, Danske Bank is notliable for losses arising frombreakdown of or lack of access to ITsystems or damage to data in thesesystems due to any of the factors listedbelow and regardless of whether or notDanske Bank or a third-party supplier isresponsible for the operation of thesesystemspower failure or a breakdown of DanskeBank’s telecommunications, legislative oradministrative intervention, acts of God,war, revolution, civil unrest, sabotage,terrorism or vandalism (including computervirus attacks or hacking)strikes, lockouts, boycotts or picketing,regardless of whether Danske Bank or itsorganisation is itself a party to or hasstarted such conflict and regardless of itscause (this also applies if the conflictaffects only part of Danske Bank)other circumstances beyond Danske Bank’scontrol.Danske Bank is not exempt from liability ifDanske Bank ought to have foreseen thecause of the loss when the agreement wasconcluded or ought to have avoided orovercome the cause of the lossunder Danish law, Danske Bank is liable forthe cause of the loss under anycircumstances.8.1 Industrial conflictsYou cannot use your card in Denmark ifDanske Bank and/or our operational centresare involved in an industrial conflict. You will beinformed as soon as possible through theeDankort Page 3 of 8 Danske Bank, Holmens Kanal 2-12, DK-1092 København KTel. +45 33 44 00 00, Fax +45 70 12 10 80


Danske Bank A/S. CVR-nr. 61 12 62 28 - KøbenhavnDanish daily press of the beginning andconclusion of such conflict.8.2 Defective goods or servicesDanske Bank is not liable for defective goods orservices provided by a merchant. Complaintsabout defective goods or services providedmust be made to the merchant.9 Account entriesYou must regularly check the entries in youraccount. If the entries do not match theinformation on your receipts or your accountshows suspicious transactions, you mustcontact us as soon as possible. See 10 and 11for more information on deadlines for revokingtransactions.Merchants may generally not charge onlinepurchases or purchases by mail or telephoneorder to your account until the goods havebeen sent. But if you book flight or concerttickets, for example, the merchant may chargethe amount to your account at the time ofbooking.10 Revocation of authorised paymentsIf you have used your eDankort card to buygoods or services, you may be entitled torevoke the payment ifthe merchant has charged a larger amountto your account than agreedthe ordered goods or services have notbeen deliveredyou have exercised your statutory or agreedright of cancellation by not accepting orcollecting the goods or services ordered.Before contacting us, you should always try tosettle the matter with the merchant havingcharged the amount. You must be able todocument that you have contacted or tried tocontact the merchant.You must submit your objection to us as soonas you become aware that one or moreamounts have been fraudulently debited toyour account. You must contact us no laterthan two weeks after you discovered that youmay have such right. When we assess whetheryou have contacted us in due time, we attachimportance to your duty to regularly checkentries in your account (see 9).We will subsequently investigate the matter.Normally, we will deposit the amount in youraccount. If we find your objection unjustified,we will withdraw the amount from youraccount.If we find your objection unjustified, we areentitled to charge interest from the date theamount was deposited in your account to thedate it was withdrawn. We may also charge afee for ordering copies of relevant receipts(see the list of charges).11 Revocation of unauthorised paymentsIf you believe that your card has been used forone or more unauthorised payments, you mustcontact us as soon as possible. When weassess whether you have contacted us in duetime, we attach importance to your duty toregularly check entries in your account (see 9).We must receive your objection within 13months of the individual amount having beeneDankort Page 4 of 8 Danske Bank, Holmens Kanal 2-12, DK-1092 København KTel. +45 33 44 00 00, Fax +45 70 12 10 80


Danske Bank A/S. CVR-nr. 61 12 62 28 - Københavncharged to your account. We will subsequentlyinvestigate the matter. Normally, we willdeposit the amount in your account. If we findyour objection unjustified, we will withdraw theamount from your account.If our investigation shows that another personhas fraudulently used your card, we may holdyou liable in accordance with the rulesspecified in 7.If we find your objection unjustified, we areentitled to charge interest from the date theamount was deposited in your account to thedate it was withdrawn. We may also charge afee for ordering copies of relevant receipts(see the list of charges).12 Changes to conditionsWe may change these conditions at twomonths’ notice. We will notify you of changesby letter or electronically. You must inform usof any changes in your postal and/or e-mailaddress. If you fail to do so, you cannot hold usresponsible for not having notified you ofchanges to these conditions.When we change the conditions, you mustinform us – before the changes take effect – ifyou do not want to be bound by the newconditions. If we do not hear from you, you willbe bound by the new conditions.If you inform us that you do not want to bebound by the new conditions, the agreementwill terminate when the new conditions takeeffect. If you have paid a full year’s fee inadvance for the card, you will receive aproportionate reimbursement of the fee.13 FeesThe list of charges states the fees for havingand using an eDankort card.14 Use, storage and passing on of customerdata and information about purchasesWhen you make an eDankort payment, youraccount number and user ID, the total amount,the date and place of the transaction as well asthe card number and expiry date of the Dankortcard for your account are recorded. Your userID and account number and the expiry date ofthe Dankort card for your account are notrevealed to the merchant. We use theinformation for bookkeeping purposes, accountstatements and subsequent correction oferrors, if any.Information is passed on to others only ifrequired by Danish law or if it is needed forlegal actions arising out of the use of theeDankort card. The information is kept on filefor the current year plus the following fiveyears.15 Register of persons having committedcheque or card fraudIf we have to block your eDankort card becauseof an excess in the account or one of theaccounts used for eDankort payments, yourCPR number may be included in the bankingsector’s register of persons having committedcheque or card fraud for a period of two yearseDankort Page 5 of 8 Danske Bank, Holmens Kanal 2-12, DK-1092 København KTel. +45 33 44 00 00, Fax +45 70 12 10 80


Danske Bank A/S. CVR-nr. 61 12 62 28 - Københavnbeginning from the time of registration. Duringthis period, you cannot open new cheque, cardor eDankort accounts with Danish banks.16 TerminationWe may terminate the agreement at twomonths’ notice. If your agreement isterminated, you will receive a proportionatereimbursement of any fees paid in advance forthe card.You may terminate the agreement at onemonth’s notice. If you terminate the agreementduring the first six months, we may charge atermination fee.Your eDankort agreement will terminate ifyour Danske eBanking agreementterminatesthe Dankort card account(s) is/are closedyou no longer have a Dankort card.17 ComplaintsYou should always contact your branch in case ofa disagreement on your business relationshipwith us to make sure that such disagreement isnot based on a misunderstanding. Alternatively,you can call us on tel. +45 33 44 00 00 (openseven days a week).If you still disagree or are not satisfied with theoutcome of your complaint, you may contactDanske Bank’s Legal department, which is incharge of handling customer complaints. Theaddress isDanske BankLegal departmentHolmens Kanal 2-12DK-1092 København KIf you are dissatisfied with the outcome, you maysubmit a complaint toThe Danish Complaint Board of Banking Services(Pengeinstitutankenævnet)Østerbrogade 62, 4. salDK-2100 København ØTel. +45 35 43 63 33www.pengeinstitutankenaevnet.dkorThe Danish Consumer OmbudsmanThe National Consumer Agency of DenmarkAmagerfælledvej 56DK-2300 København SIf you want to complain because your card hasbeen blocked, you must contact your branch. Ifyou are dissatisfied with the outcome, you maysubmit a complaint toThe Danish Data Protection Agency(Datatilsynet)Borgergade 28, 5. salDK-1300 København K18 New copies of card conditionsIf you need a new copy of these conditions,please contact your branch.Latest update: August 2009. Effective from 1November 2009.eDankort Page 6 of 8 Danske Bank, Holmens Kanal 2-12, DK-1092 København KTel. +45 33 44 00 00, Fax +45 70 12 10 80


Danske Bank A/S. CVR-nr. 61 12 62 28 - KøbenhavnExcerpts from the Payment Services ActRules on liability62.–(1) The payer’s provider is liable to thepayer for any loss incurred due to theunauthorised use by any third party of a paymentinstrument unless otherwise provided in (2)–(6)hereof. The payer is only liable under (2)–(6)hereof if the transaction was accurately recordedand entered in the accounts. In case ofunauthorised use of a payment instrument, thepayer’s provider shall immediately reimburse thepayer with the amount. However, the payer isliable without limitation with respect to any lossincurred due to the payer acting fraudulently orwith intent failing to fulfil his obligations undersection 59.(2) Except where more extensive liabilityfollows from (3) or (6) hereof, the payer is liablefor an amount up to DKK 1,100 for any lossincurred due to the unauthorised use by a thirdparty of the payment instrument where thepayment instrument’s personalised securityfeature was used.(3) Except where more extensive liabilityfollows from (6) hereof, the payer is liable for anamount up to DKK 8,000 for any loss incurreddue to the unauthorised use by a third party ofthe payment instrument provided that thepayer’s provider proves that the paymentinstrument’s personalised security feature wasused, and(i) that the payer failed to notify the payer’sprovider without undue delay on becomingaware of the loss of the payment instrument,or of the personalised security feature havingcome to the knowledge of the unauthorisedperson;(ii) that the payer passed the personalisedsecurity feature on to the person making theunauthorised use without this falling withinthe scope of (6) hereof; or(iii) that the payer facilitated the unauthoriseduse by gross recklessness.(4) The payer is liable for an amount up to DKK8,000 for any loss incurred due to theunauthorised use by a third party of the paymentinstrument where the payment instrument wasread physically or electronically and theunauthorised person in connection therewithused a false signature, and the payer’s providerproves(i) that the payer or a person to whom thepayer entrusted the payment instrumentfailed to notify the payer’s provider withoutundue delay on becoming aware of the loss ofthe payment instrument; or(ii) that the payer or a person to whom thepayer entrusted the payment instrumentfacilitated the unauthorised use by grossrecklessness.(5) Where the payer is liable under (3) and (4)hereof, the payer’s total liability cannot exceedDKK 8,000.(6) The payer is liable without limitation withrespect to any loss incurred due to theunauthorised use by a third party of the paymentinstrument where the payment instrument’spersonalised security feature was used and thepayer’s provider proves that the payer disclosedthe personalised security feature to the personmaking the unauthorised use, and that thecircumstances were such that the payer knew orought to have known that there was a risk ofabuse.eDankort Page 7 of 8 Danske Bank, Holmens Kanal 2-12, DK-1092 København KTel. +45 33 44 00 00, Fax +45 70 12 10 80


Danske Bank A/S. CVR-nr. 61 12 62 28 - København(7) Notwithstanding the provisions of (2)–(6)hereof, the payer's provider is liable for anyunauthorised use after the provider was notifiedthat the payment instrument had been lost, thatthe personalised security feature had come tothe knowledge of an unauthorised person, or thatthe payer required the payment instrument to beblocked for any other reason.(8) Notwithstanding the provisions of (2)–(6)hereof, the payer’s provider is liable for anyunauthorised use if the provider did not provideappropriate means, cf. section 60(1)(ii).(9) Moreover, notwithstanding the provisionsof (2)–(6) hereof, the payer’s provider is liable ifthe payee knew or ought to know that the use ofthe payment instrument was unauthorised.(10) It may be agreed that (1)–(6) hereof shallnot apply to micro-payment instruments usedanonymously, or where the nature of the micropaymentinstrument makes the payer’s providerunable to prove that the payment transactionwas authorised. It may furthermore be agreedthat (7) and (8) hereof shall not apply to micropaymentinstruments where the nature of thepayment instrument makes it impossible to blockits use.(11) The provisions of (1)–(6) hereof apply toe-money except where the payer’s provider ofe-money is unable to block the payment accountor the payment instrument.63. Contestations concerning unauthorised orincorrectly executed payment transactions mustbe received by the provider as soon as possibleand not later than 13 months after the debit dateof the relevant payment transaction.Contestations from the payee must be receivedwithin 13 months of the credit date. Where theprovider has not provided information or madeinformation available under Part 5, the deadlineis calculated from the date on which the providerprovided information or made informationavailable.64.–(1) The provider has the burden of proofwith respect to a payment transaction beingaccurately recorded and entered in the accountsand not affected by a technical breakdown orsome other deficiency. In connection with the useof a payment instrument, the providerfurthermore has to prove that the paymentinstrument’s personalised security feature wasused in connection with the payment transaction.The recorded use of a payment instrument is notin itself proof that the payer authorised thetransaction, that the payer acted fraudulently orfailed to fulfil his obligations, cf. section 59.(2) It may be agreed that (1) hereof shall notapply to micro-payment instruments usedanonymously, or where the nature of the paymentinstrument makes the provider unable to provethat the payment transaction was authorised.eDankort Page 8 of 8 Danske Bank, Holmens Kanal 2-12, DK-1092 København KTel. +45 33 44 00 00, Fax +45 70 12 10 80

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