5.3 If you later find a physical Card that you have reported to us as potentially lost or stolen in accordance with condition 5.1 or as otherwise requested by us, you must destroy the Card immediately by cutting the left hand corner of the Card through the data chip (if applicable to the type of Card) and provide confirmation to us of such destruction.
5.4 You will not be responsible for, and therefore not liable for, any Transactions if the Account Details and/or Payment Instrument are lost or stolen or misused before you receive them, but you must tell us as soon as you become aware in accordance with condition 5.1.
5.5 If someone uses your Account Details and obtained them with your permission, you may be liable for all the Transactions which take place before you tell us that they may be misused in accordance with condition 5.1.
6 Unauthorised Transactions and Fraud
6.1 To tell us about a Transaction from your Account that was not authorised by you in accordance with Condition 2.2, you must:
6.1.1 notify us as soon as possible (and within a maximum of 60 days of the relevant statement date) by telephoning the Barclaycard Commercial Fraud Team on 0800 0159 059 (UK) or +44 1452 828 321 (International);
6.1.2 complete and return to Barclaycard within 15 days of receipt, any claim or disclaimer form that is provided by us, together with such other documents as we may request, providing all information required that you know or should reasonably know as at the time of completing such forms and/or documents; and
6.1.3 co-operate with us and/or any crime prevention agencies
6.2 Provided that condition 6.1 (or condition 5.1, if applicable) has been followed and subject to condition 6.3, we will refund the amount of the applicable Transaction by the end of the next working day after the day you tell us about such unauthorised Transaction and return your Account to the position it would have been in if the unauthorised Transaction had not taken place. This means, for example, that we will refund as soon as practicable any applicable interest, fees or charges which we applied as a result of the unauthorised Transaction being applied to your Account. We will have no further liability to you. We may ask you to confirm in writing that you did not authorise the Transaction. If we subsequently discover that you were not entitled to a refund in accordance with condition 6.3, we shall treat the refund as a mistake and be entitled to reapply the Transaction, including any interest, fees and charges, to your Account.
6.3 If there are reasonable grounds for thinking that the Account may not be entitled to a refund we reserve the right to investigate the relevant Transaction(s). Any investigation will be carried out as quickly as possible in the circumstances and, if we can show that the Transaction(s) was/were authorised by you or that you are liable for the Transaction under these conditions (including the circumstances you will not be entitled to a refund under condition 6.4), we will either:
6.3.1 add the value of the unauthorised Transaction or fraud back onto the Account for paymentby you, as per the agreed billing and payment terms of the relevant Account;
6.3.2 deduct the value of the unauthorised Transaction or fraud from any amounts that may be owed us to you under this agreement until such time as the full value of the unauthorised Transaction or fraud is repaid;
6.3.3 deduct the value of the unauthorised Transaction or fraud from any security from you have given us; or
6.3.4 make a written demand to you for payment in full of the value of the unauthorised Transaction or fraud on terms as set out in any such demand.
6.4 The circumstances in which you will not be entitled to a refund, and where you will be liable for such Transactions made from your Account, are:
6.4.1 if you instructed, approved, authorised or otherwise colluded in the authorisation of a Transaction;
6.4.2 if you have acted fraudulently;
6.4.3 if a Mandatory Restriction would have blocked the Transaction but has been lifted following your request in accordance with condition 1.3;
6.4.4 if you failed to comply with condition 5.1 or 6.1 above;
6.4.5 if the Transaction was made because you deliberately or with gross negligence failed to keep your Account Details secure or your Verification Information safe (including your PIN and/or any one time passcodes). This shall also include where you have failed to implement policies and procedures in line with condition 4.2.3 or if you have failed to notify us about changes to required access to Accounts and Payment Instruments in accordance with condition 1.18
6.4.6 if the Transaction was made as a result of you breaching any terms and conditions agreed between us relating to any Automated Transaction Processes (including as described in condition 2.3), including via any APIs (application programme interfaces);
6.4.7 if the Transaction was prohibited as described in condition 1.9;
6.4.8 if you have breached condition 4 of our agreement with you; and
6.4.9 if you have received recompense from any third party (including your employees or agents) who used a Payment Instrument fraudulently or where you have received a benefit for the goods and services received.
6.5 You must take all reasonable steps to recover the value of the unauthorised Transaction or any fraudulent transaction from any third party (including your employees and agents where applicable) where we have refunded you in accordance with condition 6.2.
6.6 We shall notify you in writing or by email as soon as reasonably practical after becoming aware of any fraud or security risk within the scope of and in accordance with our obligations under The Payment Services Regulations 2017.
7 Why we might restrict Account or Payment Instrument use
7.1 We may prevent or limit your use of your Account or any individual Payment Instrument, without notice, for the following reasons if we reasonably consider it necessary:
7.1.1 to protect the security of your Account or of a Payment Instrument;
7.1.2 because we suspect there may be unauthorised or fraudulent use of your Account or a Payment Instrument; or
7.1.3 because of a significantly increased risk, as determined by us in our reasonable opinion, that you may be unable to pay any amounts that you owe under your agreement.
If we do, we will let you know by phone call, SMS message, email or post to tell you this has happened as soon as we can (provided we are legally allowed).
7.2 For the purposes of condition 7.1, in determining whether we limit your use of your Account or any individual Payment Instrument we may take into account your financial condition, and/or if you decline or otherwise fail to provide information requested in accordance with condition 7.1 above, and/or if we suspect or become aware that an Account is being used for one of the prohibited purposes specified in condition 7.1 above.
7.3 We may prevent or limit your use of any individual Payment Instruments if they are inactive for 12 months or more in order to protect your Account. If we do, we will let you know in writing at least two (2) months before the applicable Payment Instrument will be suspended. If you do still require use of the applicable Payment Instrument than you need to let us know within 90 days of receiving such notice from us, otherwise the individual Payment Instrument will be closed permanently.
7.4 We may refuse to approve a Transaction if:
7.4.1 we reasonably consider it necessary to protect the security of your Account;
7.4.2 you have exceeded a limit (such as your Cash Limit or Business Credit Limit);