Current Accounts, Open24, Savings and ... - Permanent TSB

necessary including suspending the Account in suchcircumstances. You agree that any contact by us insuch circumstances is for the purposes of combatingwrongdoing and is not connected to the Agreement.(f) You shall furnish us with all available informationrelative to the loss, theft or copying of the Card,Device or Security Feature and shall give allreasonable assistance to us and our agents (includingauthorising us to release information to the GardaSíochána) relating to the Card, the Device, theSecurity Feature and the Account(s) necessary tolead to the recovery of the Card, Device or SecurityFeature and/or any copy of the Card or SecurityFeature.16 INSTRUCTIONS:(a) Each time you give us an instruction, you will bedeemed to warrant to us that such instruction can befollowed by us without breaching any law orregulation. We shall not be obliged to act on anyinstruction which we reasonably believe to be inbreach of any law or regulation.(b) Where you deny authorising us to act on aninstruction, including without limitation any instructionreceived through the Open24 Service, it is ourresponsibility to prove that the instruction wasaccurately authenticated, recorded, entered in theAccounts and not affected by a technical breakdown.In this regard, we may not rely solely on the fact thatthe instruction was authorised in accordance with thePIN, the PAN, the Open24 Number, the InternetPassword, the SMS Access code or the 2Factor Code.The use of any such Security Feature will also beinsufficient by itself to prove that you haveintentionally, or because of your lack of reasonablecare, failed to adhere to these Conditions or failed tokeep the aforementioned Security Features safe.However, entries in the Account in respect oftransactions effected by Cash Machine or Chipenabled Terminals or using any Security Feature shallbe prima facie evidence of such transactions and willbe binding on you and us. If you deny that your Cardand if applicable, your PIN or other Security Featurehave been used to execute a transaction or you allegethat such a transaction has been incorrectly executed,we shall show by providing an abstract of our owninternal records that the operation was accuratelyrecorded and entered into the Account and wasneither effected nor affected by a technicalbreakdown or other deficiency. The correct recordingof previous and subsequent similar transactions shallconstitute prima facie evidence that the system wasfunctioning properly.17 STATEMENTS OF ACCOUNT AS CONCLUSIVEEVIDENCE:(a) We will issue statements for your Account to you atleast once a year. Each statement will containinformation on all payments and lodgements on yourAccount for the period covered by the statement. Youmay also request us to provide a statement for yourAccount to you on a more frequent basis (for whichwe may charge the fee specified in the Fees Booklet)or to provide you with information in respect of anytransaction or set of transactions on your Account.Statements will be provided via post.(b) As soon as you receive any account statement orpayment advice, you should examine it carefully andimmediately report any disputed transactions, errors oromissions to us. We recommend that you review yourAccount details online at regular intervals. You shouldnotify us without undue delay on becoming aware ofany unauthorised or incorrectly executed transactionthrough your branch, who may request writtenconfirmation of such notification.(c) We will normally consider that there has been unduedelay if you fail to notify us within 30 days of receiptof a statement showing the relevant transaction. Inany event, failure to notify us within 13 months of atransaction being debited to your Account will alwaysamount to undue delay. If there has been undue delayon your part in contacting us, we may not be able tocompensate you for any loss you may have suffered. Ifan incorrect amount is debited or credited to yourAccount, we may make any necessary correcting entryon your Account without reference to you.(d) Subject to the liability provisions in Condition 22below, unless you have reported to us any error ordiscrepancy in an Account statement, you shall beobliged to confirm the statement within 30 BusinessDays after receipt. In the absence of any such reportwithin such period the statement shall be deemed tohave been irrevocably confirmed by you whether ornot you have actually done so, to the intent that, savefor any manifest error, the statement shall as regardsyou thenceforth be conclusive evidence of thecorrectness of the entries recorded therein.(e) Furthermore, the failure to make any such report orconfirmation within the periods mentioned above, orthe making of a confirmation shall constitute arepresentation by you to us that the statement iscorrect and shall be an agreement by you that weshall thenceforth not be liable for any loss to whichyou may suffer howsoever arising in relation to anyentries or the balance appearing in the statement.(f) In the event of any inconsistency between our recordsas to the Account balance and the Account balanceas stated in the Account statement, passbook (ifapplicable) or letter of confirmation, our records shallbe conclusive evidence of the Account balance andthe interest accrued thereon.18 DEATH:We must be informed on the death of a Customer andthe necessary documentation must be produced beforepayment can be made in accordance with any prevailingstatutory obligations and bank regulations.19 REFUSAL:We reserve the right to refuse to open an Account and/ormake available specific Account services or Channels foran Account without stating a reason.PAGE 11