Regulations for Use of Payment Cards
of Svenska Handelsbanken AB S.A.
Oddział w Polsce
REGULATIONS FOR USE OF PAYMENT CARDS
Chapter I – General Provisions
§1
These Regulations for using Payment Cards of Svenska Handelsbanken AB S.A. Oddział w Polsce specify the
terms and conditions of rendering available and using the Payment Cards.
The terms used in these Regulations shall mean as follows:
1.
Clearing Agent – the Bank or another legal person concluding agreements with Merchants for accepting
payments with the use of a payment card.
2.
Merchant – a trader who has entered into an agreement with the Clearing Agent for accepting payments
with the use of electronic payment instruments.
3.
Bank – Svenska Handelsbanken AB with its registered office in Stockholm, Sweden, acting in Poland
through its branch – Svenska Handelsbanken AB Spółka Akcyjna Oddział w Polsce with its registered
office in Warsaw.
4.
bank – national or foreign bank other than the Bank.
5.
ATM – a device used to individually withdraw cash with the use of the Card or, additionally, to perform
other operations.
6.
Cashless Payment Transaction – payment for goods and services at points of sale equipped with the
POS terminal and marked with a MasterCard / Maestro logo or a distant payment transaction such as:
phone order, mail order, Internet order.
7.
Billing Cycle – a repeated period, after which settlement is made on account of the Payment Transactions
made with the use of the Card on account of the fees and commissions due to the Issuer and Bank.
8.
Business Day – a day falling from Monday to Friday, excluding statutory holidays on which both the Bank
and Issuer are open.
9.
Daily Cash Payment Transaction Limit – a maximum daily amount of the Cash Payment Transactions
made with the use of the Card indicated in the Application.
10.
User's Personal Data Form – a hard copy document submitted to the Bank used to obtain the User's
personal data, his/her consent for processing the personal data and specimen signature.
11.
Global Card Limit – the maximum aggregate Card Spending Limit for all Cards used by the Client under
which the Card Spending Limits are determined for individual Charge Cards and Deferred Payment
Charge Cards.
12.
Cash Payment Transaction – withdrawal of cash from ATMs marked with the MasterCard/Maestro sign
or cash registers in banks or institutions equipped with the POS Terminals marked with the
MasterCard/Maestro sign.
13.
Password – a string of digits selected by the System User during a password selection process, used,
together with a System Login, to identify the System User.
14.
Imprinter – a device used to confirm Payment Transaction made in points accepting the Charge Cards
and Deferred Payment Charge Cards by mechanical replication on account of the Payment Transactions
data on the Charge Card or Deferred Payment Charge Card. Cashless Payment Transaction is confirmed
by an operation account with annotation “purchase” (or equivalent in other language), whilst Cash payment
transaction is confirmed by an operation account with annotation “cash advance”, “cash” (or equivalent in
other language).
15.
Card or Payment Card – the Charge Card or Deferred Payment Charge Card.
16.
Charge Card – a payment card issued by the Issuer use of which results in debiting the Bank Account
after end of the Billing Cycle with the Payment Transactions submitted for settlement during the Billing
Cycle.
17.
Deferred Payment Charge Card – payment card issued by the Issuer the use of which results in debiting
the Credit Account on an on–going basis, as the information on Payment Transactions made with the
Deferred Payment Charge Card is transferred electronically to the Issuer, and the resulting Debt is to be
repaid on the Repayment Date.
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REGULATIONS FOR USE OF PAYMENT CARDS
18.
Client – a client of the Bank that is not consumer within the meaning of Article 22 §1 of the Civil Code that
is a party to the Agreement.
19.
CVC2 (Card Verification Code 2)/ CVV2 (Card Verification Value 2) Code – 3–digit authorisation code
printed on a back of the Card on the right from the number of the Card.
20.
Civil Code – the Act of 23 April 1963 – Civil Code (Journal of Laws of 2014 No. 121, consolidated text).
21.
Settlement Rate – a rate of conversion of the amount of a foreign Payment Transaction made in a
currency other than the Settlement Currency, into the Settlement Currency, binding on the date of settling
the payment Transaction in MasterCard payment system.
22.
Card Spending Limit –
rd
a.
in the case of the Charge Cards renewable, monthly limit up to which the Payment Transactions
may be made with the use of the Charge Card within a single Billing Cycle,
b.
in the case of Deferred Payment Charge Cards – the amount of used Card Spending Limit shall be
subject to interest pursuant to the provisions hereof.
23.
System Login – a PESEL [Personal Identification Number] of the System User, and, in the case of non–
residents, a passport number or a foreign identity card number, used to identify the System User in the
System.
24.
Unauthorised Payment Transaction – use of the Card without the User's knowledge or consent, by an
unauthorized person, resulting in an increase in the used amount of the Card Spending Limit.
25.
General Insurance Terms – insurance conditions offered to the Card by the Insurer.
26.
Interest–free Period – a period following the end of the Billing Cycle, expressed in calendar days, during
which the Issuer and Bank do not accrue interest on the Cashless Payment Transactions made with the
Deferred Payment Charge Card in the last completed Billing Cycle.
27.
Expiry Period – expiry period of the Card ending on the last day of the month shown on the front of the
Card.
28.
PIN – a confidential number assigned to a given Card known only to the User that along with the data
contained in the Card is used for electronic identification of the User.
29.
Banking Law – Act of 29 August 1997 – banking law (Journal of Laws of 2015, No. 128, consolidated
text).
30.
Foreign Exchange Law –Act of 27 July 2002 – foreign exchange law (Journal of Laws of 2012, No. 826,
consolidated text).
31.
Bank Account – current bank account of the Client kept for the Client by the Bank in PLN under the Bank
Account Agreement indicated in the Agreement.
32.
Credit Account – virtual PLN account of the Issuer debited with Payment Transactions made with the use
of the Deferred Payment Charge Card, with fees and commissions associated with the use of a Card, with
accrued interest and credited with the Debt Repayments.
33.
Regulations – these Regulations for using Payment Cards of Svenska Handelsbanken AB S.A. Oddział w
Polsce.
34.
Debit Balance – negative amount of funds on the Bank Account.
35.
System – the Issuer's system (ING Cards Online) providing on–line access to Payment Card details and
information about the Payment Transactions.
36.
Fees and Commissions Table – available in a registered office of the Bank and on the website
(www.handelsbanken.pl) written information about the rates of commissions binding in the Bank for
banking actions and fees for other services provided by the Bank constituting an integral part of the
Agreement.
37.
Repayment Date – a Business Day indicated in each Payment Transaction Statement, taking into account
the Interest–free Period, by which the amount indicated in the Payment Transaction Statement should be
credited to the Credit Account.
th
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REGULATIONS FOR USE OF PAYMENT CARDS
38.
POS Terminal – an electronic device allowing the User to make Payment Transactions with the use of the
Card.
39.
Payment Transaction – a transaction made with the use of the Card and resulting in an increase of the
used amount of the Card Spending Limit as:
a.
Cashless Payment Transaction,
b.
Cash Payment Transaction.
40.
Insurer – the entity providing insurance coverage to the Client and Users against the risks specified in the
General Insurance Terms and Conditions.
41.
Agreement – Agreement for Use of Charge Cards and Deferred Payment Charge Cards an integral part
of which constitute these Regulations.
42.
Bank Account Agreement – the bank account agreement concluded between the Bank and Client.
43.
Payment Services Act – the Act of 19 August 2011 on Payment Services (Journal of Laws of 2014, No.
1916).
44.
User – an individual who is employed by the Client, authorized by the Bank and Client to make Payment
Transactions and perform other activities specified in the Agreement and Regulations on behalf of and for
the benefit of the Bank, whose identification data are placed on the back of the Card and who has placed
his or her signature on the Card identifying the User.
45.
System User – the User registered in the System and authorised to use the System.
46.
Settlement Currency – the currency into which all foreign Payment Transactions made with the Card are
converted. Foreign Payment Transactions made with the use of the Card are converted into euro (EUR) at
the relevant Settlement Rate.
47.
Application – Application for issue of the Card containing a declaration of the intent of the Client.
48.
CDM – a device used to pay in (deposit) funds on bank accounts.
49.
Issuer – the Bank or other entity issuing payment cards under Article 15 of the Act on Electronic Payment
Instruments being the owner of the Payment Cards issued to the Bank and used by the Users, under the
Agreement between the Bank and Client. The valid name of the Issuer and any contact data were
indicated in sec. 15.
50.
Regulations – these Regulations.
51.
Debt – the total amount of the Client's liabilities towards the Bank, including the amount of the Payment
Transactions made with the Card, settled by the Issuer, accrued interest on the used part of the Card
Spending Limit and applicable fees and commissions associated with the use of the Charge Card or
Deferred Payment Charge Card, decreased by repayments credited with the Credit Account.
52.
Card Cancellation – Client's or User's irrevocable declaration resulting in the Issuer blocking the Card.
53.
Payment Transactions Statement – a Payment Transactions Statement made with the use of the
Charge Card or Deferred Payment Charge Card settled in a given Billing Cycle.
th
Chapter II – Rendering Card Available
§2
1.
The Card may be issued when the following conditions are met jointly:

the Bank maintains the Bank Account,

the Agreement has been concluded,

the Client has creditworthiness under which the Bank determined and granted to the Client the
Global Card Limit,

the Client established a security pursuant to the Agreement,
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REGULATIONS FOR USE OF PAYMENT CARDS

the Client made in the Bank a statement on submission to enforcement pursuant to a form
constituting an appendix to the Agreement, if so stipulated in the Agreement, and

the Client submitted to the Bank a properly filled in Application along with the User’s Personal Data
Form and with copies of identity documents of the Users, certified as true copies of the original.
2.
The Global Card Limit may be changed solely upon the Client’s request prior to submitting by the Client a
new, updated statement on submission to enforcement, if so stipulated in the Agreement, and to
establishing or amending the other collaterals specified in the Agreement.
3.
The Application for issue of the Card may be submitted solely by the Client.
4.
The Card may be issued to the User indicated by the Client in the Application upon its written consent.
5.
In favour of one User may be issued solely one Card of a given type.
6.
In case of change of the User's personal data, the Client shall be obliged to immediately submit to the
Bank the User's Personal Data Form with current data and a copy of the User's identity document certified
to be a true copy of the original.
7.
The Maximum Card Limit may not exceed the Global Card Limit and must be decreased by the amount of
the limit used on the previously issued Cards.
8.
All Payment Transactions made with the use of the Card debit the Bank Account to which they have been
issued.
9.
The User may give instructions and obtain information solely with regard to its own Card.
10.
The Client shall be fully liable for use of all Cards.
§3
1.
The Bank reserves a right to refuse to issue the Card without any reason.
2.
The Issuer issues and the Bank sends the Card to the Client within 14 days of the conditions, referred to in
§ 2 sec. 1, are met.
3.
Unless otherwise indicated in the Application, the Card is sent to the User by a registered letter at the
address indicated in the Application.
4.
The User or attorney of the Client may personally collect the Card in the registered office of the Bank and
upon a written consent of the Client.
5.
Upon collection of the Card both the User and attorney of the Client are obliged to present documents
confirming their identity.
6.
The Card that have not been collected is stored in the Bank for three months. Failure to collect the Card
after lapse of this term shall be deemed by the Bank resignation from use of the Card.
7.
When receiving an envelope containing the Card both the User and attorney of the Client are obliged to
check whether or not the envelope is intact and bears any traces of damage. If the envelope containing the
Card is damaged or the Card itself is damaged, the User is obliged to immediately report this to the Client
and the Client to the Bank, submitting a complaint according to the rules described in § 12 of these
Regulations.
8.
The User is obliged to sign the Card on the back directly after receipt thereof. The signature on the Card
must comply with the specimen signature placed by the User in the User’s Personal Data Form.
§4
1.
The Client may rescind the Agreement within 14 days of receipt of a first Card, provided that the Client has
not made any Transaction with the use of this Card.
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REGULATIONS FOR USE OF PAYMENT CARDS
2.
In case of rescission of the Agreement, the Bank reimburses the Client with the incurred fees and may
charge from the Client the costs documented by the Bank incurred on account of issue of each of the
Cards.
3.
The costs of issuing the Card are provided for in the Fees and Commissions Table.
Chapter III – Card Activation
§5
1.
The issued Card is not active. Before the Card may be used it must be activated. The User may activate
the Card and obtain PIN by phone through the hotline of the Issuer described in §17 sec. 2 of these
Regulations.
2.
Until activation of the Card neither the Client nor User are liable for any damage caused by use of the Card
by unauthorised person.
3.
The User may change the PIN:
a.
in the ATM’s of the Issuer,
b.
through the hotline of the Issuer referred to in § 17 sec. 2 of these Regulations.
Chapter IV– Card Use
§6
1.
The Issuer allows for using the Card 24 hours a day, subject to the period during which the Issuer
conducts regular technical maintenance of the system servicing the Card that render it impossible to use
the Card, to which the Issuer has a right.
2.
Neither the Bank nor the Issuer is liable for the inability to use the Card during the technical maintenance
work referred to in sec. 1 above.
3.
The Card must not be used for purposes contrary to the law, and in the case of the Payment Transactions
made outside Poland with the law of a given country, including purchase of goods and services prohibited
by law.
4.
The Card may be used solely by a person whose name and surname is placed on the back of the Card.
The User shall be obliged not to make the Card available to third parties.
5.
The User is obliged:
a. to use the Card solely during the Card Expiry Period,
b.
to comply with generally applicable legal regulations, in particular, with the Payment Services Act,
th
Civil Code, Building Law, Foreign Exchange Law, Act dated 16 November 2000 on Counteracting Money
Laundering and Terrorist Financing (Journal of laws of 2014, No. 455, consolidated text) and binding EU
regulations,
c.
to properly protect the Card against loss, theft and destruction,
d.
to keep his or her PIN confidential,
e.
not to disclose the data placed on the Card for purposes other than making the Payment
Transaction, reporting loss of the Card or filing a complaint,
f.
not to make his or her Card or PIN available to third persons,
g.
not to keep his or her Card together with the PIN,
h.
to keep his or her Card and protect the PIN with due care to the effect of protecting the same
against unauthorised use,
i.
to immediately report to the Issuer or Bank any unauthorized Payment Transactions, loss or
destruction of the Card,
6
REGULATIONS FOR USE OF PAYMENT CARDS
j.
to regularly verify Payment Transactions listed in the Payment Transaction Statements,
k.
Card,
to immediately report to the Issuer or Bank any suspected improper or unauthorized use of the
l.
to report theft of the Card or increased use of the Card Spending Limit, where the Card forgery is
suspected, to the police in the country where the incident occurred,
m.
upon the request of the Issuer or Bank, to present the original confirmation issued by the police of
reporting the theft of the Card or increased use of the Card Spending Limit, where Card forgery is suspected,
n.
to return the previously used Card to the Issuer or destroy the previously used Card, in case of:
i.
issue of a new Card to the User, as described in § 4, in place of the Card being the subject of a
complaint, following the recognition of the complaint by the Bank,
ii.
resignation from the Card,
iii.
cancelation of the Card,
iv.
receipt of the renewed Card,
v.
after the expiry of the Expiry Period of the previously used Card, in case it is not renewed.
Chapter V– Making of Payment Transactions
§7
1. The Card allows the User to make the Payment Transactions at home and abroad.
2. The Cash Payment Transactions are made within the Daily Payment Transaction Limit. The Cashless
Payment Transactions are made within the Card Spending Limit. In the case of the Charge Cards fees and
commissions and in the case of the Deferred Payment Charge Cards also interest are charged against the
Card Spending Limit.
3. The Card Spending Limit not used in a given Billing Cycle does not increase the Card Spending Limit in the
next Billing Cycle.
4. During the Card Expiry Period the Client may request an amendment of the Card Spending Limit determined
for a given Card in the Card Spending Limit Application by submitting a unilateral written declaration, provided
that the aggregate Card Spending Limit for the Cards issued to the Client under the Agreement must not
exceed the determined for the Client Global Card Limit. A change of the Card Spending Limit shall be
effective towards the Bank not later than two Business Days after the receipt of such declaration by the Bank.
5. The Bank has the right to change the determined Global Card Limit and the limits and restrictions on the
amounts of the Payment Transactions if the Client is in arrears with repayment of its liabilities, it is stated that
there is a risk of its repayment past due or the Client's creditworthiness is lost or deteriorated. The
abovementioned amendments do not constitute an amendment to the Agreement and do not require
conclusion of an annex thereto. The Client is informed in writing about the amendments by the Bank.
6. The Payment Transactions, except for the distant Payment Transactions, are confirmed by the User by
entering the PIN or signing a POS Terminal print–out or operation account of the Imprinter with the signature
identical to that on the back of the Card. Placing by the User different signature than the one on the back of
the Card does not release the Client from legal and financial liability for these Payment Transaction.
7. The distant Payment Transactions have a financial result following the submission of the Card data, in
particular, the Card number, Card Expiry Period, User's name and surname, along with the CVV2 or CVC2
Code.
8. In case of the distant Payment Transactions the User may be asked to provide additional data other than
those referred to in sec. 7 above. In such an event authorisation of the Payment Transaction may consist of
receiving by the User a SMS message (on the mobile phone number indicated in the Application), containing
universal code consisting of a set of digits generated by the IT system of the Issuer that serves one–time
authorisation of the Payment Transaction.
9. The User may obtain information only about his or her Card, in particular by using the System and through the
7
REGULATIONS FOR USE OF PAYMENT CARDS
telephone hotline referred to in § 17 sec. 2 of these Regulations.
10. The Client may give instructions and obtain information about all Cards issued under the Agreement and
Payment Transactions made with the use of the Cards through the Bank.
Chapter VI– Settlement of Payment Transactions
§8
1. All Payment Transactions made with the use of the Card are settled by debiting the Bank Account.
2. Making of Payment Transaction results in increasing the used amount of the Card Spending Limit.
3. Payment Transactions made with the use of the Cards are executed in the currency of the country where they
were made.
4. The Foreign Payment Transactions made with the use of the Cards in a currency other than the Settlement
Currency shall be converted into the Settlement Currency.
5. In the case of the Payment Transactions made in a currency other than Polish zloty, the Issuer shall convert
the amount expressed in the Settlement Currency into Polish zloty at the selling foreign exchange rate
prevailing at the Issuer on the date of settlement of the Payment Transaction.
6. The User is obliged to keep Payment Transaction receipts from the Imprinter, POS Terminal and ATM or
other confirmation of making the Payment Transaction, in order to document a potential complaint.
7. The Payment Transaction Statement shall serve as a confirmation of debiting the Credit Accounting on
account of the use of the Card.
8. The Payment Transaction Statement is provided by the Issuer to the Client and to User in a form of an
electronic message sent once a month at the e-mail addresses indicated in the Application.
Chapter VII– Debt Repayment
§9
1.
The Debt Repayment takes place by automatically debiting the Bank Account of the Client with two
amounts, separately for all of the issued Charge Cards and Deferred Payment Charge, constituting a sum
of the amounts indicated in separate Payment Transaction Statements issued for each single Card.
2.
The Bank initiates repayment of the debt under all Payment Transactions made with the Card and settled
by the Issuer in a given Billing Cycle, and with all fees, commissions and interest relating to the use of the
Card due to the Bank after the end of a given Billing Cycle on the fifth day of a month of subsequent Billing
Cycle.
3.
If the day of the repayment falls on a day that is not a Business Day, the repayment shall take place on the
first Business Day following that day.
Chapter VIII– Card Renewal
§ 10
1. A renewed Card is issued in place of the Card hitherto used by the User, subject to sec. 2 above.
2. The Card is renewed automatically, provided that:
a. the Card has been activated by the User not later than 60 calendar days prior to the expiry of the Expiry
Period of the hitherto used Card,
b. the Card has not been reported as lost or stolen,
c. unless the Client decided not to renew the Card for another Expiry Period not later than 60 calendar days
8
REGULATIONS FOR USE OF PAYMENT CARDS
prior to the expiry of the Expiry Period of the hitherto used Card,
d. the Card was not withdrawn from the Bank's and Issuer's offer.
3. The renewed Card is issued according to the rules described in Chapter II of these Regulations.
4. The renewed Card is inactive. The renewed Card is activated by performing any operation that requires the
PIN.
5. Activation of the renewed Card shall result in simultaneous blocking of the hitherto used Card and in
transferring to the renewed Card all financial consequences resulting from the use of the hitherto Card, in
particular, the Card Spending Limit granted and used, settled and unsettled Payment Transactions,
transaction history and statements.
6. The User is obliged to return the previously used Card to the Bank or Issuer or to destroy it upon receipt of
the renewed Card or immediately after the expiry of the Expiry Period of the hitherto used Card, where it is
not renewed.
§ 11
1.
The Client is entitled to resign from the Card before the expiry of its Expiry Period. In such a case, the fee for
issue or use of the Card shall not be refunded.
2.
Upon resigning from the Card the Client should cancel it, submit to the Bank a properly completed
Application and destroy the Card or return the Card to the Bank or Issuer.
3.
The Bank is entitled to debit the Bank Account in the manner and on the terms described in the Agreement
with the amounts of the Payment Transactions made with the Card before the resignation.
4.
Cancelation of all Cards by the Client is without prejudice to the Client's obligation to repay the Debt or to
ensure funds in the Bank Account in order to enable the Bank and Issuer settlement of the Payment
Transactions made with the Cards.
5.
If the User when making the Payment Transaction with the use of the Card confirmed with the PIN entered a
wrong PIN three times, the Issuer will refuse to make the Payment Transaction and block the possibility to
make the Payment Transaction with the use of the Card upon providing information about the refusal to
make the Payment Transaction.
6.
If the Issuer blocked the possibility to make the Payment Transactions with the use of the Card, pursuant to
sec. 5 above, the possibility to use the Card shall be blocked until the end of a given day.
7.
If the User has lost his or her PIN, the User shall be required to change the PIN according to the rules
described in § 5 sec. 3 of these Regulations. Assignment of a new PIN shall result in unblocking the Card.
8.
When the Card is stopped in the Issuer's ATM or CDM, information about further proceedings with the
stopped Card shall be displayed on the screen of the device or shall be furnished by the unit managing a
relevant device.
9. When the Card is stopped in an ATM or CDM of a non–issuer, the User should immediately report this to the
unit managing the relevant ATM or by calling the telephone number indicated in the ATM, to determine further
proceedings with the stopped Card.
10. The right to use the Card expires and the Card is blocked in case of:
a.
expiry or termination of the Agreement,
b.
closure of the Bank Account maintained by the Bank,
c.
expiry of the Card Expiry Period,
d.
resignation from the Card during its Expiry Period,
e.
cancelation of the Card,
f.
replacement of the Card with a new one.
11. In case the Card is lost or unauthorised access to the PIN is suspected the Client or User should immediately
cancel the Card with the Issuer:
9
REGULATIONS FOR USE OF PAYMENT CARDS
a. by calling the Issuer's hotline for the Card under the number indicated in § 17 sec. 3 of these
Regulations, or
b. in the Issuer's branch.
12. In case of cancellation of the Card by phone, the Client or User is obliged to provide data allowing
identification of the User and Card, which shall be cancelled.
13. The cancelled Card may not be used anymore. In case of recovery of the lost Card, the Client shall be obliged
to immediately return the Card to the Bank.
14. In case of cancellation of the Card, the Issuer shall issue to the User a new Card pursuant to the rules set
forth in Chapter II of these Regulations, provided that:
a.
the Client meets the requirements described in § 2 sec. 1 of these Regulations,
b.
the Card that has been cancelled was not withdrawn from the Bank's and the Issuer's offer.
15. The Bank has the right to cancel the Card or to refuse to renew it, in particular, in case of:
a.
the emergence of the Unauthorized Payment Transactions, attempted Unauthorized Payment
Transactions or a suspicion that the Payment Transactions or attempted Payment Transactions are
unauthorized,
b.
the stated or suspected disclosure of the Card data,
c.
the stated or suspected Card forgery,
d.
closing of the Bank Account,
e.
the violation of the provisions of the Agreement or mandatory provisions of law, including the
th
suspicion of committing an act specified in Article 165a of the Act dated 6 June 1997 – Penal Code,
f.
the Bank Account is blocked or seized at a request of the authorized public authorities,
g.
the Client fails to settle the Debit Balance on the Bank Account, along with the accrued interest,
h.
the User fails to either collect or activate the Card within 30 calendar days of the day when the card
has been pulled in in the ATM or CDM or the Issuer blocked the possibility to make the Payment
Transactions with the use of the Card,
i.
there are grounds to suspect that the Bank, Issuer or Client incurred damage,
j.
the lack of ability to repay the liabilities resulting from Payment Transactions concluded using the
Card,
k.
the determination of the risk of delayed repayment or occurrence of delayed repayment of liabilities
towards the Bank,
l.
termination of the Agreement,
m. the Bank stating that the Client provided untrue information or withheld information having negative
impact on the determined Global Card Limit,
n.
the Bank determines that the Bank's risk associated with the Bank's outstanding commitment
towards the Client increased to the level preventing the grant of the Global Card Limit.
16. In order to ensure protection against the Unauthorized Payment Transactions, the Bank and Issuer are
authorized to monitor all Payment Transactions and attempted Payment Transactions made with the use of
the Card. The Bank and Issuer have the right to contact the User to confirm authenticity of such Payment
Transactions made with the use of the Card.
17. In justified cases, the Bank or Issuer have the right to transfer the data concerning the Cards, Payment
Transactions, Client and Users to the law enforcement authorities, Clearing Agents and Insurer.
18. The Client shall bear the financial and legal liability for the Payment Transactions made with the use of all
Cards issued under the Agreement.
19. The Client shall bear full liability for the use of the Card by the User, compliance by the User with the
provisions of these Regulations and general provisions of law.
10
REGULATIONS FOR USE OF PAYMENT CARDS
20. The Client is obliged to procure that the User becomes acquainted with these Regulations.
21. The Client may at any time revoke in writing the consent to use the Card by the User. The revocation is
tantamount to termination of the Agreement in the part regarding issue of the Card to the User and its
cancellation on the day of receipt by the Bank a revocation of the consent to use the Card.
Chapter IX – Complaints
§ 12
1.
The Client and User are entitled to lodge complaints with the Bank or Issuer through the hotline referred to
in § 17 sec. 2 of these Regulations or at any branch of the Issuer, related to settled Payment Transactions,
within 30 calendar days of receipt of the Payment Transaction Statement.
2.
The Client is entitled to lodge complaints with the Bank related to the Cards and to the functioning of
additional services.
3.
In case of acceptance of the complaint regarding the Card, the Issuer shall issue to the Client, pursuant to
the rules set forth in Chapter II of these Regulations, a new Card, provided that the Card which constituted
the subject of the complaint has not been withdrawn from the Bank’s or Issuer’s offer.
4.
The Client or User are also obliged to report to the Bank or Issuer in the manner and within the term
provided for in sec. 1 above any other cases of non– compliance referred to in sec. 1 above ascertained in
the received Payment Transaction Statement.
5.
The Bank and Issuer are not liable for any damage resulting from delayed lodging of the complaint or
failure to lodge it.
6.
The Bank and Issuer exercise due diligence to immediately resolve a complaint, however, in each case not
later than within 30 calendar days, unless the complaint relates to a foreign Payment Transaction or there
are other compelling reasons beyond the Bank's and Issuer's control resulting in a prolonged handling of
the complaint.
7.
In case of justified inability to provide a reply within the term provided for in sec. 6 above, the Issuer and
Bank shall:
8.
a.
explain what were the reasons for the delay,
b.
indicate circumstances that require explanation,
c.
indicate the estimated term for providing the reply, which may not be longer than 90 calendar days
of receipt of the complaint.
The User is obliged to present, upon the Issuer's or Bank's request, all information and documents relating
to a complaint, (e.g., bills, invoices, statements, confirmation of reporting Card theft or decreasing the
Available Balance or increasing the use of the Card Spending Limit, issued by the police, when Card
forgery is suspected) and to cooperate with the Bank and Issuer until the complaint procedures are
completed.
Chapter X – Additional Services
§ 13
1.
Each user under the Agreement is granted access to the Issuer's System ensuring on–line access to the
Card details and information about the Payment Transactions.
2.
Each new System User is automatically registered in the System under the concluded Agreement and
submitted Application.
3.
Each new System User is inactive. Completing the process of assigning a password to the System is the
condition for commencing the use of the System. Assigning the System Password must be performed by
the System User by phone under the number provided for in § 17 sec. 3 of these Regulations.
4.
Using the System requires adequate authorisation by entering the System Login and Password.
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REGULATIONS FOR USE OF PAYMENT CARDS
5.
When the System Password is entered incorrectly five times, access to the System shall be blocked. In
order to unblock access to the System, it is necessary to enter the correct Password to the System as the
first one on a following calendar day.
6.
The System is available 24 hours a day 7 days a week, subject to breaks in access to the System
connected with required routine maintenance of the System by the Issuer and in other justified cases.
7.
The Issuer shall inform the Client and Users about the planned interruptions in access to the System
through the System in a form of appropriate messages, and the Issuer shall exercise due care to ensure
that appropriate messages appear in the System as soon as possible.
8.
The Bank and Issuer are not liable for any damage resulting from lack of access to the System.
9.
The System User is obliged to apply the Issuer's current recommendations in respect of safety rules
applicable to the use of the System oriented at ensuring the protection against specific hazards of Internet
network access. These recommendations are presented on the Issuer's website.
10.
The System User shall be obliged to immediately inform the Issuer about any technical problems related to
the use of the System.
11.
In the case of disclosure or suspected disclosure to third persons of the System Password, the System
User should change the System Password by phone service allowing for issue of a new System
Password.
12.
The Bank and Issuer are obliged to keep confidential any data related to access to the System.
13.
The Bank and Issuer are not liable for any damage to the System User resulting from third parties
obtaining unauthorized access to the System. In particular the Bank and Issuer shall not be liable for any
damage resulting from breaking–in or Internet attacks, computer viruses and all other threats connected
with the use of computer networks.
14.
The Bank and Issuer are not liable for technical safety and reliability of the computer networks of the
System User, computer hardware and operating system.
15.
Each System User is obliged to regularly verify correctness of the data presented in the System. In case of
finding any irregularities, the System User is obliged to contact the Issuer at the number indicated in § 17
Sec. 2. of these Regulations.
16.
The System User is obliged to follow the Payment Transaction history and immediately inform the Issuer
of:
a.
Payment Transactions that were made without his or her consent and appeared on Payment Transaction
Statement,
b.
errors and irregularities existing in the System.
17.
The System User is obliged to monitor the date of the last login recorded in the System and to check
whether or not there were attempts to log in to the System by a third party. In case of suspected breach,
the System User shall change the System Password pursuant to sec. 11 above.
18.
The Bank reserves the right to deny the User access to the System in particularly in case of:
a.
suspected breach of security rules,
b.
change of the Issuer or co–operation rules with the Issuer,
c.
activation of an alternative system or communication channel with the Users.
Chapter XI – Additional Services – Insurance
§ 14
1.
The Client and User are covered by gratuitous insurance package to the Card with regard to the risks set
forth in the General Insurance Terms and Conditions provided to the Client.
2.
On activation of the Card hinges whether the User will be covered by the insurance protection.
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REGULATIONS FOR USE OF PAYMENT CARDS
3.
In case of occurrence of the event covered by the insurance protection the User shall be obliged to report
a damage in the manner and under the principles set forth in the General Insurance Terms and
Conditions.
4.
The current General Insurance Terms and Conditions are published on the websites of the Issuer set forth
in §17 of these Regulations.
Chapter XII – Liability Principles
§ 15
1.
The Client is obliged to verify the personal data provided in the User's Personal Data Form against original
and valid identity documents presented by the Users.
2.
The Client shall bear full liability for the correctness, completeness and genuineness of Users' personal data
included in the User's Personal Data Form.
3.
The Client shall be liable for ensuring that the Users store the Cards and PINs in safe manner preventing
their unauthorised use. The Client shall be liable for the damage resulting from breach of the above
obligation.
4.
The Client shall bear full liability towards the Bank and Issuer for any damage incurred by the Bank, Issuer or
User in case of:
a.
failure to submit to the Bank the User's Personal Data Form signed by the User and containing personal data
of the User to whom the Card was issued,
b.
submitting to the Bank the User's Personal Data Form containing the personal data of the User that are
erroneous or not genuine,
c.
the User's inability to activate the Card as a result of the Client's failure to submit to the Bank such personal
data of the User, or submitting to the Bank the User's data that are erroneous or not genuine,
d.
the User failing to observe the provisions of the Agreement or Regulations.
5.
The Bank is not liable for any damage resulting from the failure of the User to meet the obligations referred to
in § 6 sec. 5 of these Regulations.
6.
The Bank is not liable for losses caused by the circumstances beyond the Bank's control, i.e. for:
a.
Force Majeure, including, for example, however, not solely, natural disasters, riots, acts of war, strikes,
decisions of public authorities,
b.
delays resulting from defects in transmission, failures of computer systems, telecommunication systems and
data transmission, power systems and delays resulting from postal or telecommunications operations,
c.
malfunction of ATMs and devices accepting the Cards of other banks,
d.
incorrect use by the User of the Card in electronic environment.
7.
The Bank is not liable for the consequences of the following events:
a.
a refusal of the Merchant to accept the Card for reasons not attributable to the Bank and Issuer,
b.
refusal of the Payment Transaction Authorisation in the ATM or POS Terminal for reasons beyond control of
the Bank and Issuer,
c.
malfunction of the POS Terminal, ATM, or CDM,
d.
failure to sign the Card by the User or signing the Card with the signature non–complying with the signature
of the User on the User's Personal Data Form,
e.
damage or total destruction of the Card,
f.
cancelation of the Card,
g.
failure of the User to retrieve cash or the Card from the ATM,
h.
failure of the Client or User to report a change of the personal data of the User presented in the User's
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REGULATIONS FOR USE OF PAYMENT CARDS
Personal Data Form, in particular the correspondence address and contact telephone number,
i.
failure of the User to collect or unblock the Card within 30 calendar days of the date when the Card was
stopped at the Issuer's ATM or when the Bank or Issuer blocked the possibility to use the Card,
j.
malfunction of the ATM or CDM caused by its improper handling by the User or by using a damaged Card,
k.
inappropriate handling of the Payment Transaction by the Merchant,
l.
delayed delivery or loss of correspondence without the Bank's and Issuer's fault,
m. use of the Card in violation of the Agreement and generally applicable provisions of law.
8.
The Client is solely liable for the use of the Card in respect of compliance with the Agreement and provisions
of law.
9.
The Client shall not be charged with the Unauthorized Payment Transactions made prior to the loss of the
Card being reported to the Issuer exceeding the PLN equivalent of EUR 150 notwithstanding the provisions of
sec. 10 below. The PLN equivalent of the amount expressed in euro shall be calculated according to the
average exchange rate of euro (EUR) published by the NBP on the day of the Unauthorized Payment
Transaction.
10. The exclusion of the Client's liability, referred to in sec. 9 above does not apply to the Payment Transactions
that occurred by fault of the User, in particular, if the User failed to fulfil the obligations referred to in § 6 sec. 5
and § 12 of these Regulations.
11. The conditions for the Bank assuming liability for financial consequences of the Card loss are as follows:
a.
immediately reporting the lost or stolen Card,
b.
reporting theft of the Card or increased use of the Card Spending Limit, where Card forgery is
suspected, to the police in the country where the incident took place,
c.
at the Bank's or the Issuer's request, presenting the original confirmation, issued by the police,
or reporting the theft of the Card or decrease of the Debit Balance or increased use of the Card
Spending Limit, where Card forgery is suspected,
d.
submitting a written statement by the User identifying the Unauthorized Payment Transactions.
12. The Bank shall not be liable for the Unauthorized Payment Transactions made after the loss of the Card was
reported to the Bank or Issuer if they resulted from the Client's or User's willful misconduct.
13.
The Bank and Issuer undertake to maintain banking secrecy, which includes information about banking
activities acquired in connection with service of the Cards in the scope specified in the Banking Law and
according to the rules specified therein. The Bank, Issuer, their employees and the agents through whom
banking operations are performed by the Bank and Issuer are obliged to maintain banking secrecy and to
provide information in cases regulated by law.
Chapter XIII – Fees and Commissions
§ 16
1.
The Bank collects fees and commissions in compliance with the Fees and Commissions Table binding in
the Bank.
2.
The Bank is entitled to collect interest, fees and commissions referred to in sec. 1 from the Bank Account
without the Client's separate instruction in this respect.
3.
The Bank reserves the right to change the Fees and Commissions Table binding in the Bank according to
the terms and conditions specified in these Regulations.
Chapter XIV – Issuer’s Data
§ 17
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REGULATIONS FOR USE OF PAYMENT CARDS
1.
The Issuer's name and address: ING Bank Śląski with its registered office in Katowice, ul. Sokolska 34,
40–086 Katowice.
2.
The Issuer's hotline for the Cards: +48 32 357 00 12
3.
Issuing Passwords to the System and System support: +48 32 375 00 68, www.ingcardsonline.pl
4.
The Issuer's websites: www.ing.pl.
Chapter XV – Final Provisions
§ 18
1.
The Bank reserves the right to introduce amendments to the documents constituting part of the
Agreement, including in particular these Regulations.
2.
Amendments to the amount of the fees and commissions hinge on the amount of the costs incurred by the
Bank in connection with service of the Payment Transactions and market parameters such as interest rate
and foreign currency exchange rates. All changes in the interest rates and foreign currency exchange
rates do not constitute an amendment to the Agreement and Regulations, as well as may be applied
without notice and are updated on the website of the Bank www.handelsbanken.pl.
3.
Amendments to the Regulations or Fees and Commissions Table are provided to the Client not later than
30 days prior to the proposed date entry into force of the amendments.
4.
While notifying of the amendment to the Regulations the Bank is obliged to inform the Client that:
a.
if prior to the proposed date of entry into force of the amendments the Client fails to notify the Bank of its
objections against these amendments and does not resign from the Card, it shall be deemed that the Client
agreed to them, and
b.
prior to the proposed date of entry into force of the amendments to the Regulations, the Client is entitled to
terminate the Agreement or resign from the Card in writing,
c.
if the Client notifies of its objection as described in sec. 4a, however, does not terminate the Agreement as
described in sec. 4 b, the Bank may terminate the Agreement concluded with the Client and block the Card.
5.
In the event the Client refuses to accept the amendment to the Regulations or Fees and Commissions
Table, the Client shall return to the Bank the issued Cards.
6.
After submission by the Client of a written refusal, the Bank shall immediately block the Card.
7.
In any matters not regulated in the Agreement or Regulations the provisions of the Regulations on opening
and maintaining bank accounts for entrepreneurs in Svenska Handelsbanken AB Spółka Akcyjna Oddział
w Polsce and generally binding provisions of law, including in particular the Polish Civil Code, Banking
Law, Foreign Exchange Law together with secondary legislation to these acts and acts that will replace or
amend them, as well as the Payment Services Act together with secondary legislation thereto, shall apply.
8.
The Agreement and Regulations shall be governed by Polish law.
9.
The Bank as an administrator of personal data pursuant to the provisions of the Act of 29 August 1997 on
Personal Data Protection (Journal of Laws) informs that in the bank data files will be processed the
personal data of the User for the purpose of issue, service and settlement of the Card. Pursuant to the
provisions of the abovementioned Act, the User has a right to control the processing of his or her personal
data as well as change them.
10.
The following constitute an integral part of these Regulations:
th
a.
Agreement,
b.
Application,
c.
Fees and Commissions Table,
d.
User’s Personal Data Form.
11.
Any and all disputes that aroused between the Client and Bank shall be resolved by the Parties amicably.
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REGULATIONS FOR USE OF PAYMENT CARDS
12.
The disputes that aroused between the Client and Bank that have not been resolved by the Parties
amicably shall be resolved by a Polish common court in Warsaw competent for the Bank.
16