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| 1.1 |
DEFINITIONS: |
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In these Conditions, unless the
context otherwise requires:-
“Account” means an account of a Customer with the Bank, whether in sole or joint names and designated by the Customer as an account on which the Bank provides
information to the Customer’s Broker
“Account Mandate” means an authority given by the Customer to
the Bank as to the operation of an account and as may be amended from time to
time by the Customer.
“Bank” means Irish Life & Permanent plc trading as
permanent tsb, its successors and assigns;
“Banking Channels” means any method by which the Bank may
from time to time make available the Services to a User through the Broker24
Service.
“Broker24 Number” means the number allocated by the Bank to
a User for use by that User in conjunction with the PAN and/or Internet
Password created by that User;
“Broker24 Service” means the system provided by the Bank from time
to time to enable a Broker authorised by a customer to access and utilise services provided
by the Bank using internet or other technology-based communications;
“Business Day” means a day on which the Bank is open for
general banking business in Ireland and a “Non-Business Day” shall be construed
accordingly.
“Conditions” means these terms and conditions as amended,
extended or replaced by the Bank from time to time;
“Customer” means a person, who maintains an account with the Bank
“Broker” means a person or persons, authorised by the Customer
to be provided with any information in relation to the account, until otherwise
specified.
“Devices” means any device or equipment, meeting the technical
or other requirements specified in the Bank’s Operating Instructions, to allow access
to and use the Broker24 Service including, but not limited to,
personal computer, kiosk, palm top or any other such device or equipment;
“Internet Password” means a password initially provided by the
Bank to a User for the purposes of initial internet access to the Broker24
Service and thereafter created by a User in accordance with the Operating
Instructions for use by that User with that User’s Broker24 Number for
internet access to the Broker24 Service;
“Ireland” means The Republic of Ireland.
“Operating Instructions” means the instructions issued from time
to time by the Bank governing the use and operation of the Broker24 Service;
“PAN” means the Personal Access Number created by a User in
accordance with the Operating Instructions for use by that User with that
User’s Broker24 Service;
“Registration Card” means the card provided to a User by the
Bank bearing the Broker24 Number for that User;
“Registration Form” means the application form as completed by
the Broker applying to the Bank to avail of the Broker24 Service;
“Services” means those services from time to time provided by
the Bank which may be accessed and utilised through the Broker24 Service
(details of the Services available at any time can be obtained on request from
the Bank).
"User" means such persons as may be authorised by the Broker from
time to time to access the Broker24 Service and to each of whom is
issued a PAN and Registration Card, and includes the Broker.
“Website” means the Bank’s website(s) from which the
Broker24 Service can be accessed from time to time. |
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| 1.2 |
In
these Conditions the singular shall include the plural and vice versa and
reference to any gender shall include all genders. Any reference to a person
shall be construed as a reference to any person, firm, company, corporation,
government, state, or agency of any government or state, or association, or
partnership (whether or not having separate legal personality) of any two or
more of the foregoing. |
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| 2 |
USE OF SERVICE AND APPLICATION OF THESE CONDITIONS
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| 2.1 |
The Broker24 Service may be accessed and utilised by a User where:
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1 business day has elapsed from the issue of the Registration Card.
· The Broker has completed and submitted to the Bank a Registration Form
and/or requested registration and complied with the registration process of the
Bank;
· The User has received from the Bank a Registration Card (this bears the
User’s Broker24 Number and indicates the Bank’s acceptance of the Broker’s
Registration Form and/or request for registration);
· The User has created a PAN in accordance with the Operating Procedures; and
· The User has created an Internet Password in accordance with the Operating Procedures;
· The User has satisfied the Bank in respect to identification under the
Criminal Justice Act 1994 in respect of Anti Money Laundering
· The User has accepted the Conditions by accepting the
terms and conditions of
the Broker24 service on the first logon by the User.
The Bank may in its absolute discretion, without assigning any reason, refuse
to accept a Registration Form and/or request for registration.
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| 2.2 |
These Conditions govern the use of the Broker24
Service and the Broker shall be bound by them. |
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| 2.3 |
The Broker undertakes to comply strictly with
these Conditions and the Operating Instructions (which are designed to minimise
the risk of unauthorised use of the Broker24 Service). |
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| 2.4 |
The Broker24 Service may be accessed and utilised by such means (Banking
Channels) as the Bank may from time to time designate. Currently it may be
accessed and utilised by the Internet. The Broker24 Service may only be
accessed and utilised in accordance with the Operating Instructions and these
Conditions. |
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| 3 |
BROKER'S OBLIGATION IN RESPECT OF USERS |
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| 3.1 |
Where the Broker has authorised one or more persons as a User, the Broker shall ensure that the User is fully conversant
with and understands these Conditions and that the User
complies fully with the Operating Instructions. |
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| 3.2 |
The Broker shall be responsible for putting in
place, such reasonable security controls, as may be deemed appropriate, to
prevent unauthorised or improper use of any information
accessed using the Broker24 service and/or the improper use of the Registration Card and PAN and
protection of the Internet Password and the Broker24 Service generally,
including controls on the use of the Website and appropriate account
reconciliation procedures to monitor Users of the Broker24 Service. |
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| 3.3 |
The Broker shall indemnify the Bank in full on
demand against any loss, damage or other liability whatsoever and howsoever
arising that the Bank may incur or suffer by reason of the Bank acting in
accordance with any instruction or communication believed by the Bank in good
faith to have been given or made by a User. |
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| 3.4 |
Instructions transmitted via the Broker24
Service will be deemed by the Bank to have originated from the User, if the use
of the User Registration Card, PAN and Internet Password have been used without
the Bank taking any further steps to authenticate such instructions |
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| 3.5 |
The Broker will hold the Bank harmless against
any loss or damage suffered by the Bank as a result of non compliance of the Broker and/or User with these Conditions
and/or Operating Instructions, and/or the unauthorised use of the Registration Card,
PAN and Internet Password, and/or any breach of confidentiality whatsoever in relation
to the Account of the Customer by the Broker or any User. |
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| 4 |
SECURITY CONDITIONS |
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| 4.1 |
The User shall keep the Broker’s Broker24
Number, PAN and Internet Password safe and shall not divulge any of them to any
other person, or note the PAN or Internet Password on the Registration Card or
on anything carried or associated with the Broker24 Number or Registration
Card or in any form that would be intelligible or otherwise accessible to a
third party or do or omit to do anything else that might enable irregular or
unauthorised access to or utilisation of the Broker24 Service. |
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| 4.2 |
The User shall immediately notify the Bank’s Agency Support department, where the accounts
are held if: |
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· the Registration Card is lost, mislaid, stolen or copied
· knows or thinks it possible that the Broker24 Number, and/or PAN and/or
Internet Password has become known to any other person.
Such notification shall be given by
· fax to the Bank’s Agency Support department where the Account is held or
· in writing or by personal delivery to the Bank’s Agency Support department where
the account is held
Upon receipt of such notice the Bank shall as soon as practicable disable such User’s
Registration Card, PAN and Internet Password without prejudice to any action taken
by the Bank on the basis of instructions processed by such User prior to disabling.
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| 4.3 |
If the User has made a notification to the Bank in
accordance with paragraph 4.2 then none of the Broker24 Number, the PAN or
the Internet Password may be used to access or utilise the Broker24 Service
and if the User wishes to continue to avail of the Broker24 Service the Broker must apply to the Bank for the issue of a new Registration Card (and a
new Broker24 Number) and the User create a new PAN and Internet Password in
accordance with the Operating Instructions. |
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| 4.4 |
If a Registration Card which has been reported
lost or stolen is found or recovered, the Broker24 Number it bears may not be
used to access or utilise the Broker24 Service and the Registration Card must
be cut in two pieces. |
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| 5 |
AUTHORITY TO BANK |
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| 5.1 |
The Broker authorises and instructs the Bank to provide information on the Customer’s
account to a User provided the requests are made by use of the relevant Broker24 Number,
PAN and the Internet Password. Although the Bank may from time to time require
other additional means of personal identification it shall not be obliged to do
so and it may act on such requests without taking any further steps to ensure that
the requests are genuine. |
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| 5.2 |
The Bank may decline to act on any User requests for access to the Broker24 service
until it has been confirmed in writing and signed by the User. The Bank
reserves the right to not act on any instruction or request received otherwise
than by means of a Banking Channel. |
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| 6 |
OBLIGATIONS OF BROKER |
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| 6.1 |
The Broker shall provide and maintain at the Broker’s own expense any Device needed to access the Broker24 Service and
shall ensure that such equipment satisfies all technical and other requirements
specified by the Bank in the Operating Instructions. |
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| 6.2 |
The Broker is responsible for ensuring that
Users disconnect and clear any information from any Device used to access the
Broker24 Service before such Devices are left unattended by Users. |
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| 6.3 |
The Broker acknowledges that he is the Agent of the Customer and that he is responsible
for ensuring the information obtained by the Broker and any User through the Bank’s
Broker24 Service is kept confidential and used solely for the benefit of the Customer. |
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| 6.4 |
The Broker also acknowledges that as the Agent of the Customer he is responsible
for ensuring that at all times the Account information is subject to appropriate
security measures against unauthorized access and/ or disclosure and/or accidental
loss and is subject to security, technical and organisational
reviews to keep safe and confidential any information obtained through the Broker24 Service. |
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| 6.5 |
The Broker further acknowledges that he as the Agent of the Customer is responsible
for ensuring compliance with all requirements of law both National and E.U. as may
arise from time to time in relation to
Data Protection, including without prejudice to the generality of the foregoing
whether made under the Data Protection Act 1988, Data Protection (Amendment Act,)
2003 and any regulations made thereunder or otherwise.
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| 6.6 |
All costs incurred by the Broker in accessing and
utilising the Broker24 Service including the cost of telephone calls and
Internet access shall be at the Broker’s
expense. |
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6.7 |
The Broker shall immediately notify the Bank of any change of address.
The Broker shall forthwith notify the Bank of the cancellation of a User’s authorisation
to access the Broker24 Services, such notification shall be given by
· Fax, in writing or by personal delivery to the Bank’s Agency Support department
or such other departments which may be nominated from time to time
Upon receipt of such notice the Bank shall as soon as practicable disable such User’s
Registration Card, PAN and Internet Password
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6.8 |
The Broker will hold the Bank harmless against any loss or damage whatsoever and
however suffered by the Bank as a result of non compliance of the Broker and/or
any User with these Conditions and/or Operating Instructions.
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| 7 |
NORMAL CONDITIONS CONTINUE TO APPLY
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The Broker24 Service is a method of accessing
and utilising Internet services provided by the Bank. Accordingly, save to the
extent that these Conditions provide otherwise, all mandates relating to the
Accounts and all terms and conditions applicable to the Accounts remain in full
force and effect and the Broker will ensure that Users comply with these
terms and conditions.
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| 8 |
AVAILABILITY OF SERVICES
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8.1 |
Although it is the Bank’s intention that Internet Service will be available to Brokers
24 hours a day 365 days a year, there will be occasions when due to technical, security,
maintenance, administrative or other reasons (whether within the control of the
Bank or not) some or all of the Services normally available through the Broker24
Service will not be available. Accordingly, the Bank may from time to time, without
incurring any liability to the Broker, temporarily suspend any or all of the Services
for such periods as the Bank shall determine. |
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8.2 |
The Bank shall, on giving not less than 30 days notice to the Broker, be entitled
to terminate permanently the Broker24 Service.
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8.3 |
The Bank may from time to time add to, withdraw, suspend, amend or otherwise alter
all or any of the Services, which may be accessed and utilised through the Broker24
Service. Details of the Services available from time to time will be given in the
Operating Instructions. The Bank may amend, supplement or replace the Operating
Instructions from time to time. |
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| 9 |
ACCOUNT BALANCE INFORMATION
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While the Bank currently operates a real-time on-line system, which enables
immediate updates to Accounts, the time necessary to complete the processing of
instructions and requests may vary depending on whether they can be immediately
processed and the nature of the instruction or request. Accordingly the Broker acknowledges that account balance information given through the
Broker24 Service is as up-to-date as the Bank’s systems permit at the time of
the Broker’s enquiry but it may not reflect transactions that are in hand,
but which still have to be processed or verified. For example, it may take
account of a cheque which has been lodged to the Account but which has not yet
cleared, if that cheque is returned unpaid the Bank will debit the Account with
the amount of the cheque. The Bank will not be liable for any loss suffered by
reason of any Account balance information not being accurate or up-to-date. |
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| 10 |
JOINT ACCOUNTS
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If the Bank has notice of a dispute between the
holders of a Joint Account, the Bank may cease to permit the Broker24 service on the Account and, subject to the Bank’s discretion, the Broker24 service may not be re-instated until the Bank receives a new written mandate
from all the account holders. |
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| 11 |
TERMINATION
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| 11.1 |
The Broker24 Service may be terminated by the Bank or the Broker giving 30 days
written notice to the other.
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| 11.2 |
Subject to 11.1 above, the Bank may under notice to the Broker terminate the Broker24
Service forthwith
(a) upon breach by the Broker or any User of any of the Conditions of use and/ or
any of the operating instructions
(b) where there are serious grounds for doing so in the interests of maintaining
security and the integrity of the system
(c) upon the death, bankruptcy, liquidation, receivership, examinership or other
contractual incapacity of the Customer |
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| 12 |
THE WEBSITE |
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12.1 |
The information, content, graphics, text, sounds, images, buttons, trade marks,
trade names and logos (the "Materials") contained in the Website are protected by
copyright, and other intellectual property laws, under national laws and international
treaties. The Broker is granted a limited licence solely for use in the Broker’s
business on behalf of the Customer to refer to, bookmark or point to any page within
the Website, and to download the Materials contained on the Website to Devices owned
and /or utilized for the Broker’s business, and to print a single hard copy of the
Materials contained in the Website for the Broker’s own reference, provided however
that all copyright, trade mark and other proprietary notices are left intact. Any
other use of the Materials in the Website without the prior written permission of
the Bank, is strictly prohibited and is in violation of the proprietary rights of
the Bank.
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12.2 |
"Broker24", and “permanent tsb”,
are trademarks of the Bank. All other trade marks, service marks, trade names
and logos contained in the Website belong to their respective owners.
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12.3 |
The Broker acknowledges that the Broker’s use
of the Website is also subject to the other legal terms and conditions
governing the use of the Website and as posted on the Website from time to time
under ‘Legal & Disclaimers’ and agrees to be bound by same.
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| 13 |
LIMITATION OF LIABILITY |
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To the fullest extent permitted by applicable law,
neither permanent tsb
nor any of its directors, employees,
affiliates or other representatives will be liable for loss or damages arising
out of or in connection with the Brokers and/or
user’s use of, or inability to use, the
Materials, Software and/or facilities or services offered through the Website,
including, but not limited to, indirect or consequential loss or damages, loss
of data, income, profit or opportunity, loss of or damage to property and
claims of third parties, even if permanent tsb
has been
advised of the possibility of such loss or damages, or such loss or damages
were reasonably foreseeable |
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| 14 |
SECURITY |
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While the Bank has taken all reasonable security
precautions, the nature of communication by the internet and other electronic
means is such that the Bank cannot guarantee the privacy or confidentiality of
any information relating to the Customer and/or
Broker passing by such methods. In accessing
the Website and in availing of the Services, the Broker accepts that
communications may not be free from interference by third parties and may not
remain confidential. The use of the Website is at the Customer’s and/or Broker’s sole risk. |
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| 15 |
NOTICE
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Any notice required to be given by the Broker and/or User to the Bank in connection
with these Conditions (other than notice under Broker
4.2, 6.7 and 16) shall be
given in writing and sent through the post to the Bank’s Agency Support department
where the Account is held. Any notice required to be given by the
Bank to the Broker
may by given in writing to the Broker and sent through
the post to the last known address of the Broker.
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| 16 |
VARIATIONS OF THESE CONDITIONS
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The Bank may at any time amend, supplement or
replace these Conditions as a result of changes in the Bank’s policies, changes
in technologies, to cater for new products, to comply with legal, taxation, or
regulatory requirements or other circumstances affecting the Bank or the
services it offers. Any such amendment, supplement or replacement shall be
effective and binding on the Broker 30 days after notice of such amendment
has been sent to the Broker by post, or by fax, or by e-mail or other
electronic means. The Broker may of
course, on receiving such notice, immediately terminate the use of the
Broker24 Service in accordance with paragraph 11. |
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| 17 |
GOVERNING LAW |
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These Conditions shall be governed by and construed in accordance with the laws
of Ireland and the Broker submits to the jurisdiction of the courts of Ireland.
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