Ulster - Terms and Conditions

Terms and Conditions

It is important that you read these Terms and Conditions carefully. Together with our privacy policy, software licence and the Charges section of the Frequently Asked Questions section on our website they govern our relationship with you in relation to this website and your purchase of the Mobile Phone Banking Service from it.

If you have any questions about them or do not wish to accept them, please contact us on 0808 168 2960 before continuing.

You may have other rights granted by law, and these Terms and Conditions do not affect such rights.

Our details

We are Monitise Europe Limited (“Monitise”), a company registered in England and Wales at Companies House. We provide m-commerce services. Our registered office is at Warnford Court, 29 Throgmorton Street, London EC2N 2AT and our registered number is 4831976.

Our VAT number is 847602220.

You can contact us by telephone on 0808 168 2960.

Who can use the Mobile Phone Banking Service?

To be eligible to register for the Mobile Phone Banking Service you must be over 12 years old and resident in the United Kingdom. You must have all of the following:

a UK bank card with a participating bank (please see our website, www.monitise.co.uk for a list of current participating banks);
a mainland UK mobile telephone account (prepary or monthly contract) with a participating operator (please see our website, www.monitise.co.uk for a list of current participating operators;
for all Mobile Phone Banking Services other than just Text Banking, a Java compatible mobile phone (if your mobile phone has games installed it is very likely to be compatible) or iPhone. Please refer to your mobile phone manual for further information. In addition, your mobile phone must:
- have at least 64Kb of free memory;
- be configured with the standard internet data connectivity settings for your network operator (GPRS, 3G or wifi for iPhone). These settings are usually pre-installed when you buy the phone. However, if you are unsure or you are having problems connecting to mobile banking then you can either obtain these settings as a part of the Monitise registration process or see your network operator's Internet site (where you can usually get the settings downloaded by text message);
- have free space in your mobile phone e-mail or service inbox to receive WAP ‘Push’ messages and SMS messages.
for Text Banking, your mobile phone does not need to be Java compatible. All you need is to have free space in your mobile phone e-mail or service inbox to receive WAP ‘Push’ messages and SMS messages.
an address within the United Kingdom.

You can only register a UK bank card that you are lawfully entitled to use.

The Mobile Phone Banking Service can be used abroad in countries with compatible mobile networks. Charges may be higher.

How your contract with us is formed

When you request to subscribe to the Mobile Phone Banking Service, then for Mobile Phone Banking Service (other other than through an iPhone), we will send you a WAP ‘Push’ or SMS message which will allow you to download the mobile banking application to your mobile phone. You may also download the mobile phone banking application, which is compatible with the iPhone from the Apple online store (http://store.apple.com/uk). By downloading the application you are accepting the terms of the software licence.

When you first use the Mobile Phone Banking Service, we will ask you to choose a security passcode,0 which you will need each time you wish to use the Mobile Phone Banking Service. You must keep this passcode safe and not write it down or disclose it to anyone. If you forget your passcode please text CODE to 82428 for a replacement.

Once you have completed your registration details (bank card and address details) (and mobile telephone number for web applications) you will be asked to confirm that they are correct. If they are not correct, you can revisit your registration and correct the mistakes before confirming and submitting your registration to us. It is your responsibility to ensure that your registration is correct before submitting it to us. If you have any problems with your registration, please contact our support line on 0808 168 2960.

When we receive your bank card and address details, we will check them with your bank to verify your identity. When your details are verified or rejected we will text you. If your details are verified for the Mobile Phone Banking Service other than just Text Banking (and depending on your bank) we will either send you:

a Card Activation Number; or
a welcome letter by post, usually within 3 working days.

If we send you a Card Activation Number, (then once you have downloaded the mobile banking application) you will need to use that number to activate the Mobile Phone Banking Service and access your cards on your mobile phone.

If we send you a welcome letter, then once you have downloaded the mobile banking application, and we have sent you a text message to indicate that the Mobile Phone Banking Service is live, then you will be able to:

activate the Mobile Phone Banking Service; and
access your cards on your mobile phone without having to do anything further.

We will also send you a copy of these Terms and Conditions by post. By activating the Mobile Phone Banking Service you are confirming that you accept and will be legally bound by these Terms and Conditions.

You can submit a registration for just Text banking by:

texting the word 'Reg' to 87898 (these details may change from time to time but if they do then your bank will notify you of the change); or
completing the registration process on our website - www.monitise.co.uk; or
activating you rnew Debit Card by text and then following the instructions supplied by your bankas part of the activation process

When we receive your bank card details, we will check them with your bank to verify your identity. If the details are verified, we will send you a welcome letter and notification text to confirm your registration.

If you make a submission for registration via the Monitise website then rather than send you a Card Activation Number and welcome letter, we will just send you a notification text to indicate that Text Banking is live. You will then start to receive Text Banking in accordance with your instructions submitted with your registration.

The Mobile Phone Banking Service

The Mobile Phone Banking Service provided by Monitise is a service that gives you access to content and transaction services. With the Mobile Phone Banking Service, you can register for either all services offered as part of our full Mobile Phone Banking Service or just Text Banking. Please note that we may add new services from time to time.

The complete range of services offered as part of our Mobile Phone Banking Service gives you access to among other things:

balance enquiries,
mini statements,
Text Banking; and
transactional services (e.g. mobile phone Top-Up),

some of these services are dependent upon your bank.

Text Banking is also available as a standalone service. Text Banking provides weekly balance texts, text alerts and quick statements to your mobile.

The Mobile Phone Banking Service is normally available 24 hours a day, 7 days a week, and 365 days a year apart from planned downtime, circumstances beyond our reasonable control, outages on any mobile phone network or where you are not in an area of mobile coverage.

Further you acknowledge that we or your bank may withdraw all or part of the Mobile Phone Banking Service without notice.

Authority

You authorise us and in turn your bank to accept and act on your instructions and (where relevant) to pay into and from your account(s) the amounts involved when a transaction has been authenticated by the use of the security procedure which is set out below. You acknowledge and agree that your authority may be on an account that could otherwise only be operated by two or more persons.

You agree that if you have a joint account we and in turn your bank will act on the instructions of either of you but you are each responsible for all transactions carried out and for the repayment of any resultant borrowing which arises on your account.

Security

You must keep your security details secret and take all reasonable precautions to prevent unauthorised or fraudulent use of them.

You must not disclose your security details to any other person or record your security details in any way that may result in them becoming known to another person.

Please note that after initial registration we will never contact you (or ask anyone to do so on our behalf), with a request to disclose your security details in full. If you receive any such request from anyone (even if they are using our name and logo and appear to be genuine) then it is likely to be fraudulent and you must not supply your security details to them in any circumstances. Additionally you should report any such requests to us immediately.

Where a transaction using the Mobile Phone Banking Service has been carried out using your security details, but was not authorised by you, you will not be liable for that transaction provided you have kept your security details secret, not acted fraudulently, acted with reasonable care and acted in accordance with these Terms and Conditions.

If you suspect that anyone knows your security details you must contact us immediately. If you fail to do so, you will be liable for any unauthorised transactions on your account confirmed by use of your security details.

You will be responsible for all instructions received by us between the time you pass the security procedure until you exit from the Mobile Phone Banking Service. Please note that this includes any input errors or instructions sent by someone other than yourself so please do not leave your mobile phone unattended while you are still logged onto the Mobile Phone Banking Service.

Please note that all telephone calls with us may be recorded.

Banking instructions received for your current and savings accounts by 3pm on any banking day will normally be processed that day. (You will be advised at the time you send the instruction, if the instruction cannot be processed that same day but will be processed the next banking day). Instructions received at any other time will be processed the next banking day.

You acknowledge that you are responsible for all transactions carried out using the Mobile Phone Banking Service and for the repayment of any debt that arises from use of the Mobile Phone Banking Service.

Charges

Depending on who you bank with, you will be charged for using the Mobile Phone Banking Service in different ways. Please note that in addition to any charges made by your bank, standard operator charges may apply and these charges may vary if you use your mobile phone to access the Mobile Phone Banking Service when abroad. Please see the Charges section of the Frequently Asked Questions section of the Monitise website (www.monitise.co.uk) which details what you will be charged for use of the Mobile Phone Banking Service. Please note that this section of the website may be updated from time to time.

There may be other costs and taxes for using the Mobile Phone Banking Service that are charged by your mobile operator and you should contact them for details of their charges (if any) for this service.

All charges include VAT.

Payment

Charges for using the Mobile Phone Banking Service will either:

be debited to your mobile phone account; or
appear as a debit on your bank statement depending on Monitise’s arrangements with your bank and your mobile phone operator.

Please see the Charges section of the Frequently Asked Questions section of the Monitise website ( www.monitise.co.uk ) which details how you will be charged for using the Mobile Phone Banking Service. If you use a mobile phone banking transaction service, the amount you choose to transfer or pay will be debited from the bank account associated with the card you are using.

If you do not pay any charge for the Mobile Phone Banking Service when it is due then we may cancel or suspend your use of the Mobile Phone Banking Service without notice.

Adding extra cards

You can add another card and additional services to the service at any time by following the simple steps from within the mobile banking application or from your bank’s website (where your bank offers this service). Following successful verification of the details of the new card with your bank (and depending on your bank), we will either post you a new Card Activation Number or a welcome letter.

You will not need a Card Activation Number or a welcome letter where the bank and address of the new card are the same as the details you have previously submitted.

Our liability

These Terms and Conditions do not exclude our liability (if any) to you for:

personal injury or death resulting from our negligence;
fraud; or
any matter which it would be illegal for us to exclude or to attempt to exclude our liability.

We are only liable to you for losses which you suffer as a result of a breach of these Terms and Conditions by us or as a result of our negligence or breach of statute. If we do not provide a text alert then, provided that such failure was not for any of the reasons specified in these Terms and Conditions, we will only be liable for those charges on your account that you could have avoided paying if we had provided the text alert. We are not responsible to you for any losses which you may incur which were not a foreseeable consequence of us breaching these Terms and Conditions, for example if you and we could not have contemplated those losses before or when we enter into a contract. Our liability to you shall not in any circumstances include any business losses that you may incur, including but not limited to lost data, lost profits or business interruption.

We are not liable for any losses you suffer arising from fraudulent use of your card where this results from you not keeping your security details safe as recommended by us.

If your mobile phone is lost or stolen, you must tell us (by telephoning us on 0808 168 2960) as soon as is reasonably practicable, and in any case within 24 hours of the loss or theft. In addition, it is your responsibility to advise your mobile phone provider of the loss or theft of your mobile phone. Until you tell us that any of these things have happened we will continue to provide the Mobile Phone Banking Service to your mobile phone and we will not be liable if your account information becomes known to someone else as a result.

We are not liable for any error by you in entering any details when you use the Mobile Phone Banking Service, e.g. if you key in the wrong mobile number to Top Up or the wrong bank account to transfer money to. We will always ask you to confirm the details you have entered before you authorise the transaction.

If either we or your bank believe that you or someone else is using or has obtained, or may use or obtain the Mobile Phone Banking Service or money illegally, fraudulently or improperly then we may cancel or suspend your use of the Mobile Phone Banking Service without notice.

will not be liable to you if the Mobile Phone Banking Service is not available to you due to any planned downtime, circumstances beyond our reasonable control, outages on any mobile phone network or where you are not in an area of mobile coverage.

Your use of this website and Monitise Europe Limited’s intellectual property rights

Monitise Europe Limited has made this website available to you for your own personal, non-commercial use. Monitise Europe Limited may modify, withdraw or deny access to this website at any time, including introducing charges for its use or other restricted access.

This website and all the materials contained in it are protected by intellectual property rights, including copyright and trade marks, and either belong to Monitise Europe Limited or are licensed to Monitise Europe Limited to use. Materials include, but are not limited to, the design, layout, look, appearance, graphics and documents on the website, as well as other content such as articles, stories and other text.

You may not copy, redistribute, republish or otherwise make the materials on this website available to anyone else without Monitise Europe Limited’s consent in writing.

You may print or download materials from this website for your own personal use or copy the content to other individuals for their personal information provided that:

no materials are modified in any way;
no graphics are used separately from accompanying text;
Monitise Europe Limited’s copyright and trade mark notices appear in all copies and you acknowledge this website as the source of the material; and
the person to whom you provide these materials are made aware of these restrictions.

Monitise Europe Limited does not guarantee that this website will be compatible with all or any hardware and software which you may use. Monitise Europe Limited does not guarantee that this website will be available all the time or at any specific time. Monitise Europe Limited reserves the right to withdraw or modify this website at any time.

Information on this website

The information contained on this website is given for general information and interest purposes only. Whilst Monitise Europe Limited tries to ensure the information contained on the website is accurate and up to date, Monitise Europe Limited cannot be responsible for any inaccuracies in the information. As a result, you should not rely on this information, and Monitise Europe Limited recommends that you take further advice or seek further guidance before taking any action based on the information contained on this website. Our liability to you as explained in these Terms and Conditions remains unaffected by this.

Linking

Monitise Europe Limited may link to other websites which are not within Monitise Europe Limited’s control. Monitise Europe Limited is not responsible for these websites in any way, and does not endorse them. It is your responsibility to check the terms and conditions and privacy policy on any other website which you visit.

You may not link to this website from another website without Monitise Europe Limited’s consent in writing.

Your right to cancel

If you are a consumer (i.e. you are not purchasing either wholly or in part for your business or you are not a business) you have the right, in addition to your other rights, to cancel the contract under the Financial Services (Distance Marketing) Regulations 2004.

You can cancel the contract within 14 calendar days, starting on the day after the day on which (depending on your bank) you activate the Mobile Phone Banking Service for the first time. For the avoidance of doubt (depending on your bank), this will be after we have sent you a text message informing you that the Mobile Phone Banking Service is live or when you enter your Card Activation Number to activate the Mobile Phone Banking Service for the first time.

To cancel the Mobile Phone Banking Service select the “Cancel Service” option from the “Options” menu on your mobile phone (which will tell us that you have successfully cancelled the Mobile Phone Banking Service) and then delete the mobile banking application from your mobile phone.

To cancel Text Banking, just text “STOP” at any time to 82428.

There is no minimum contract period and you are free to stop using the Mobile Phone Banking Service at any time. If you wish us to deactivate your account, simply select the “Cancel Service” option from the “Options” menu on your mobile phone (which tells us that you have successfully cancelled the Mobile Phone Banking Service) and then delete the mobile banking application from your mobile phone. If you have not used the Mobile Phone Banking Service for 12 months your account will be deactivated automatically and you would have to re-register in order to use the Mobile Phone Banking Service again.

You acknowledge that it is your responsibility to delete the mobile banking application from your mobile phone if you change your mobile phone or dispose of it.

Other important information

We have the right to change these Terms and Conditions at any time and we will put the changes on the Monitise website.

If we believe that any price increase or change to the Terms and Conditions is likely to cause you material disadvantage we will let you know as soon as possible prior to any change and in any event, we shall give you at least 60 days notice before such a change.

If you do not agree with any change to the Terms and Conditions you are free to stop using the Mobile Phone Banking Service at any time. If you wish us to deactivate your account, simply select the “ Cancel Service” option from the “Options” menu on your mobile phone (which tells us that you have successfully cancelled the Mobile Phone Banking Service) and then delete the mobile banking application from your mobile phone.

We may not necessarily keep a copy of your order and these Terms and Conditions. Accordingly we advise you to keep a record of your order and a copy of these Terms and Conditions for your information and reference . You will receive a copy of these Terms and Conditions by post when we send you your Card Activation Number or welcome letter.

The contract and all communications between us will be conducted in the English language.

Our relations with you and the formation, existence, construction, performance, validity and all aspects whatsoever of these Terms and Conditions or of any term of these Terms and Conditions will be governed by the laws of England and Wales, whose courts shall have non-exclusive jurisdiction to settle any disputes which may arise out of or in connection with these Terms and Conditions or use of the website.

If you have any complaint about the Mobile Phone Banking Service please write to us at Monitise Limited, PO Box 342, Leeds, LS26 1EG postcode is correct or telephone 0808 168 2958.