Legal Information

What this section covers
 
eStatements Terms and Conditions
Data Protection Notice
 
 
 General Terms of Use
 
Please read the following terms of use carefully. By using this website and its related services, you acknowledge that you have read the terms of use and that you accept and will be bound by them, as they may be modified by AvantCard DAC ("AvantCard") from time to time, as posted on this website. If you do not agree to the terms of use, you may not use this website.
 
Legal name and address
 
 
AvantCard DAC trading as AvantCard is regulated by the Central Bank of Ireland.
 
AvantCard DAC is a designated activity company incorporated in Ireland under number 541980 and having its registered office at Dublin Road, Carrick-on-Shannon, Co Leitrim.
 
Intellectual Property Rights
 
We are the owner or the licensee of all intellectual property rights in the website (except where specifically identified as third party content) and in the material published on it. All information on this website is protected by applicable intellectual property and other laws around the world. All such rights are reserved. Unless otherwise specified (see the Limited Disclaimer of Copyright below), all such rights are reserved and no one has permission to copy, display, distribute, or republish in any form, or store by electronic means any part of the information found on this website without the written permission of AvantCard, except in accordance with the Copyright and Related Rights Act 2000 (as amended).
 
The posting of information or other materials to this website does not constitute a waiver of any proprietary right in such information and materials (such as, but not limited to, copyrights, trademarks, trade names or other intellectual property) and does not transfer any rights to a user on the website or any other third party, except as expressly provided herein.
 
Our status (and that of any identified contributors) as the authors of material on the website must always be acknowledged.
 
Limited Disclaimer of Copyright
 
Anyone may view the information (and incidentally create an electronic copy of the information) available from this website for information purposes only. No part of the information at this website can be otherwise redistributed, copied or reproduced in any form without the prior written consent of AvantCard.
 
Our Website Changes Regularly
 
AvantCard makes no representation or warranty or undertaking as to the information contained on the website including but not limited to, the accuracy, timeliness, or completeness of the website materials.
 
AvantCard periodically amends, changes, adds, deletes, updates or alters the information, including, without limitation the terms of use at the website, without notice. Further, AvantCard assumes no responsibility for any errors or omissions in the content of the website. AvantCard specifically disclaims any duty to update the information on the website.
 
Commentary and other materials posted on the website are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to the website, or by anyone who may be informed of any of its contents.
 
Use of information provided on the website is at the user's sole risk.
 
Our Liability
 
The material displayed on the website, including references to AvantCard, and its services and products is provided without any guarantees, conditions or warranties as to its accuracy.
 
Reference to AvantCard, and its services and products are provided without warranty of any kind, either expressed or implied. Under no circumstances shall AvantCard or any other party involved in the creation, production or delivery of the information at this website be liable for any direct, special, incidental, indirect or consequential loss or damage of any kind incurred by any user in connection with the website (or the information or services provided at this website) or in connection with the use, inability to use, or results of the use of the website, any websites linked to it and any materials posted on it, including, without limitation any liability for loss of income or revenue; loss of business; loss of profits or contracts; loss of anticipated savings; loss of data; loss of goodwill; wasted management or office time; and for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, provided that this condition shall not prevent claims for loss of or damage to your tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above.
 
Under no circumstances shall AvantCard liability to users for all damages, losses and causes of action (whether in contract, tort, including, but not limited to, negligence or otherwise) exceed the amount, if any, paid by users to AvantCard for accessing the website. The user should consult his or her own legal advisers regarding the applicability of their own domestic legislation regarding limitations on liability.
 
Typographical errors
 
This website could include technical inaccuracies or typographical errors.
 
Indemnification by user
 
User agrees to indemnify, defend and hold AvantCard harmless from any liability, loss, claim and expense, including legal fees related to a user's violation of these terms and conditions of use or unauthorised use of the services and information provided at this website.
 
Viruses
 
AvantCard accepts no responsibility for any damage caused by viruses contained within the electronic files at this website.
 
Links to other websites
 
This website contains links to other websites. AvantCard is not responsible for the content, accuracy or opinions expressed in such websites, and such websites are not investigated, monitored or checked for accuracy or completeness by AvantCard. Inclusion of any linked website does not imply approval or endorsement of the linked website by AvantCard.
 
Submission of information
 
All information transmitted, or otherwise submitted to AvantCard, via this website shall only be used by AvantCard to the extent permitted by applicable legislation, specifically data protection legislation in Ireland.
 
General
 
These terms and conditions os use will be governed by and construed in accordance with the applicable laws of the Republic of Ireland without regard to conflict of law principles, and users agree that all legal proceedings relating to the matters herein shall be adjudicated solely in the courts of the Republic of Ireland. Users consent to extra–territorial service of process and submit to the jurisdiction of the said courts.
 
To the extent that any portion of these terms and conditions os use shall be determined to be unenforceable by a court of competent jurisdiction, such portion will be modified by the court solely to the extent necessary to cause such portion to be enforceable, and these terms and conditions of use as so modified will remain in full force and effect.
 
Any waiver of any provisions contained in these terms and conditions of use by AvantCard shall not be deemed to be a waiver of any other right, term or provision of these terms and conditions.
 
Terms of Use of Online Banking site - Definitions
 
“AvantCard” is the registered trading name of AvantCard DAC in the Republic of Ireland.
 
"Account" means the credit card account opened by us in your name which records the amounts that you owe us.
 
"Card" means the credit card issued by us, which allows you to make transactions.
 
"Online Card Services" means the facility to allow you to access your account online - view your statements, change your personal details, make transactions and any other functions that we notify to you.
 
"Paperless" means that statements are provided in an electronic format, available by logging into Online Card Services.
 
"Password/Username" means the combination of letters; numbers and characters that you have chosen to allow you to access Online Card Services and Mobile Card Services.
 
"Security Information" means the information that you give to us before you access Online Card Services for the first time and which we will use to identify you.
 
"We", "us" and "our" mean AvantCard.
 
"You", "your" and "yours" means the person who holds an account with us.
 
1. Registering
 
1.1 When you have received your card, you will be able to register for Online Card Services.
 
1.2 In order to use Online Card Services, you must register to use the service by following the instructions on the Online Card Services site.
 
1.3 Once you have registered for Online Card Services, you will be able to access your account online and carry out such activities as we tell you are available through Online Card Services, subject to the service being available.
 
1.4 You do not need to register separately to use Online Card Services on your mobile.
 
2. Using our services
 
2.1 You must make sure that you have given us your up to date contact details, including your email address and mobile phone
number, and that you tell us about any changes.
 
2.2 We will let you know if statements on your account are supplied Paperless. You can opt in or out of receiving paper statements at any time by updating your preference on the Online Card Services site or you can contact us.
 
2.3 If you receive your statements Paperless, we may, but we do not have to, send you an email each month to the e-mail address you have given us, to let you know that your statement is ready to view online.
 
2.4 We will not be responsible if the e-mail notification is not received by you for any reason, including because your e-mail address has changed and you have not told us, or it has become invalid, or due to systems failure, interruptions in communications systems or other similar reasons.
 
2.5 If you do not receive an email notification before the date on which your payment is due, you should log into Online Card Services or contact us. Even if you have not received our e-mail or any other notification, or you have not been able to access your statement online, you must still pay at least the minimum repayment on your account and on time.
 
2.6 We may send you emails about Online Card Services and other services and products that we provide. If you do not wish to receive emails about our products and services, please contact us (calls may be recorded and monitored to administer your account in the future).
 
2.7 Instead of notification by email, we may choose to send you notification by other means, including other electronic means such as SMS, alert or any other suitable method.
 
2.8 We may perform fraud prevention checks before carrying out your instructions and may refuse to do so where we reasonably believe that the instruction is not lawful, or is subject to fraud, or where Online Card Services are being misused.
 
2.9 We may terminate, withdraw or suspend all or part of your use of Online Card Services if we have reasonable grounds to believe that these services are being used fraudulently, or the use is unauthorised, or there is a risk that you will be unable to repay what you owe.
 
3. Availability
 
3.1 We cannot guarantee that Online Card Services  will be available at all times and we may terminate, withdraw or suspend the use of these services, in whole or in part, at any time. If we do this, we will have no liability whatsoever for any damage, loss or inconvenience caused by your inability to use Online Card Services during this downtime.
 
4. Security
 
4.1 When you first use Online Card Services, you must set up an online password, a username and provide us with certain security information.You must never:
 
• write down your password or the security information you have given us, unless you do this in a way that
would make it impossible for anyone else to recognise it;
• tell anyone your password or security information; 
• allow anyone else to access your account on Online Card Services.
 
You must:
• make sure that your password or security information are not kept (by a browser or any other software)
so that they could be found and used by someone else;
 
• tell us if you think that someone else knows or may have access to your password or security information
or if you have forgotten your password or security information
 
You are responsible for ensuring that any information held on your computer or mobile device is kept secure and confidential. We recommend that you use a password on your computer to protect your information.
 
5. Our responsibility and your responsibility
 
5.1 We will not be liable for any loss of transmitted information, or for viruses or other contaminating properties which may be transmitted. You have sole responsibility for ensuring the adequate protection of your system, for the backup of data and/or equipment and for taking reasonable and appropriate precautions to scan for viruses or other destructive properties.
 
5.2 You are responsible for obtaining and maintaining your own compatible computer system, mobile device, software and communication lines required by you to access Online Card Services properly. We have no responsibility or liability in respect of the equipment you use.
 
5.3 You are responsible for all telecommunication and similar charges incurred by you in gaining access to and using Online Card Services.
 
5.4 We will do all that we reasonably can to prevent unauthorised access to Online Card Services and to keep these services secure, provided that you have complied with condition 4.
 
5.5 We are not responsible for any misuse of Online Card Services by you or anyone else, nor for any disclosure of confidential information by us where you have failed to take reasonable precautions to protect your password and security information, or to let us know of any changes, or where you have otherwise acted fraudulently or with gross negligence.
 
6. Changes
 
6.1 We may change the functions available through Online Card Services from time to time.
 
6.2 We may make changes to these terms and conditions of use, including introducing new terms, or terminating Online Card Services for any of the reasons set out in your card agreement with us. If we do this, we will give you at least one month’s advance notice if the change is to your disadvantage. We may give this notice by providing the new terms and conditions of use on the Online Card Services site.
 
6.3 You must tell us if your name, address, telephone number (including mobile), email or other details change.
 
6.4 We may at any time waive any of our rights under this agreement, whether by letting you know or not, and this will not affect our right to apply these rights again.
 
7. Governing law
 
7.1 These terms and conditions of use are governed by the laws of the Republic of Ireland which courts have exclusive jurisdiction to settle any dispute which may arise out of, or in connection with these terms and conditions of use. The language of this agreement is English and all communications will be sent to you in English.
 
8. Links to external sites
 
8.1 This site has links to external websites. AvantCard is not responsible for and does not endorse or approve the content or accuracy of any such sites
 
 eStatement Terms and Conditions
 
These conditions are supplemental to the terms and conditions governing your credit card agreement with us (“Card Terms and Conditions”) and the terms of use of AvantCard Online Banking.
 
Your acceptance of these conditions provides your request and consent to receive statements electronically via your AvantCard Online Banking Account.
 
1. An eStatement is a statement issued in respect of the account by electronic means and may be in a format different from a paper-based statement and may change in format from time to time.
 
2. The terms and conditions in this section (the eStatement Conditions) apply to the issue of electronic statements on your account. In the event of any inconsistency or ambiguity between the Card Terms and Conditions and the eStatement Conditions, the eStatement Conditions shall prevail. Terms that are used in the eStatement conditions will have the same definitions as those contained in the Card Terms and Conditions and Online Banking terms of use, if applicable and references to statements will be deemed to include reference to eStatements where appropriate.
 
3. We may send a notification to you, either electronic or postal, that the eStatement is available to view and it is your responsibility to access your Online Banking account to access eStatements online.
 
4. When you view your eStatement, it will be displayed as a PDF. When accessed the PDF will open in a separate window and will not time out. Up to three years of statements are available to view online. You can view, download and save individual statements at any time. eStatements are environmentally positive. When you utilise eStatements, no paper copy is printed and posted to you.
 
5. It is your responsibility to satisfy yourselves that the computer or device you use is secure. You must not leave your computer access open to view by third parties and in particular you must not save any eStatement on a computer or device which is not your own.
 
6. You may at any time stop receiving eStatements provided you agree to receive your statement in paper form. At least 30 days’ notice must be given to effect this change and we will then provide you with a paper statement. The paper statement will be provided in the same frequency as the eStatement.
 
7. Where you have access to an eStatement and you also wish to receive a paper statement, a duplicate statement fee may be applied to your account.
 
8. We will not accept any responsibility for any unauthorised disclosure of or unauthorised access to any third party of the eStatement or where through carelessness or negligence you cause your eStatement to be accessed by a third party.
 
9. We may, at our discretion, at any time and for any reason and without notice suspend your access to eStatements during which time paper statements will sent by post to you. It is your responsibility to ensure you have updated any change of address.
 
10. We will have no more liability in respect of loss or damage sustained by you, directly and indirectly, arising out of or in relation to the provision by us, or access by you, of eStatements than would be the case if you received paper statements and for the avoidance of doubt the provisions of the Card Terms and Conditions and the Online Banking terms of use relating to the provision of information will apply, with due changes as applicable, to the provision of eStatements.
 
 Card Terms and Conditions
 
 Data Protection Notice