It is important that you read these terms and conditions (the "Terms") carefully along with our Personal Banking Terms and Conditions and our fees leaflet A Guide to Personal Account Fees (collectively our "Core Terms").
1.0 OUR DETAILS
1.1 Isle of Man Bank Limited ("us", "we" or "IOMB"). Registered Company Number: 1 Isle of Man. Registered Office: 2 Athol Street, Douglas, Isle of Man, IM99 1AN. Licensed by the Financial Supervision Commission of the Isle of Man and registered with the Insurance and Pensions Authority in respect of general business.
1.2 We are a member of The Royal Bank of Scotland Group (the "RBS Group"). For information about our group of companies, please visit www.rbs.com and click on 'About Us', or for similar enquiries please telephone 0131 556 8555 or minicom 0845 900 5960.
2.0 THE SERVICE
2.1 You may only access the Mobile Banking Service if you are aged 11 years or over and have a personal account with Isle of Man Bank. Further details on how to register and use the Mobile Banking Service can be found at iombank.com/mobile. The Mobile Banking Service offers you access to a range of content and transaction services. Details of our range of services can be found on our website at iombank.com/mobile.
2.2 The Mobile Banking Service offers you access to a range of content and transaction services. Full details of our range of services can be found on our website at iombank.com/mobile. The services offered to you via the Mobile Banking Service may vary depending on the type of device you are using.
3.0 AVAILABILITY OF SERVICE
3.1 While we will make reasonable efforts to provide the Mobile Phone Banking Service, we will not be liable for any failure to provide the Mobile Phone Banking Service, in part or full, for any cause that is beyond our reasonable control. This includes, in particular, any suspension of the Service resulting from maintenance and upgrades to our systems or the systems of any party used to provide the Service, outages on any phone network or in the case of mobile networks where you are not in an area of mobile coverage.
3.2 The Mobile Banking Service application (the "Application") is provided "as is" with no representation, guarantee or warranty of any kind as to its functionality.
4.0 SECURITY PROCEDURE
4.1 You must keep your security details secret and take all reasonable precautions to prevent unauthorised or fraudulent use of them.
4.2 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.
4.3 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.
4.4 Where a transaction using the Mobile Phone Banking Service has been carried out using your security details, but you subsequently show that the transaction 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.
4.5 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.
4.6 You will be responsible for all instructions given by you or anyone acting with your authority 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.
4.7 You are responsible for making sure information either shown or stored on your mobile phone is kept secure.
4.8 You must advise us of any change to your mobile phone number or email address.
5.1 When you instruct us to make a payment through the Mobile Banking Service, we will make the payment using the Faster Payments Service if possible. We will advise you if we cannot use the Faster Payments Service.
5.2 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.
6.0 PAY YOUR CONTACTS
6.1.1 You can only register to use Pay your contacts within this app if your account is held in the Channel Islands, Isle of Man or Gibraltar.
6.1.2 If you are registered to use Pay your contacts, you can ask us to make a payment by using the Application to advise the mobile phone number of the person you would like to make the payment to (the "payee"), together with the amount of the payment in Sterling. When you instruct us to make a payment by providing the mobile phone number of the payee you consent to us debiting your account for the amount specified..
6.1.3 The mobile phone number that you give us identifies the payee. You are responsible for ensuring that you provide us with the correct mobile phone number and amount.
6.1.4 Once you have asked us to make a payment using Pay your contacts you will not be able to cancel that payment. If you realise that you have given us an incorrect mobile phone number you must inform us as soon as possible by contacting our telephone banking service. Where circumstances permit we will try to stop the payment, but may not be able to do so. We will not be liable to you if we are unable to stop a payment in these circumstances.
6.1.5 We will inform you within the Application if we are unable to send a payment.
6.1.6 For your and our security, we will place a daily limit on transactions using Pay your contacts and a limit on the amount of any one Pay your contacts transaction. Details of these limits can be found on our website at iombank.com/mobile.
6.2 Paying Registered Customers
6.2.1 You may ask us to make a payment to other customers who are registered users of the RBS Group Mobile Banking service ("Registered Customers"). When you give us the payee's mobile phone number and the amount of the payment this will be your payment instruction to us. The payment will normally be processed immediately but may sometimes take up to two hours. Payments using Pay your contacts will be identified in the payee's account by your mobile phone number.
6.3 Paying Non-Registered payees
6.3.1 You may ask us to make a payment to someone who is not a Registered Customer (a "Non-Registered payee") provided they have a Visa debit card, Visa credit card, or a Visa pre-paid card which is eligible to receive third party payments.
6.3.2 When you instruct us to pay a Non-Registered payee by giving us their mobile phone number and the payment amount, we will work in partnership with Visa Europe Limited ("Visa") to process your instruction.
6.3.3 Some Non-Registered payees will already have their mobile phone number and Visa card details registered with Visa. These Non-Registered payees will be treated by Visa as "Registered Visa recipients".
6.3.4 When you instruct us to pay a Non-Registered payee who is a Registered Visa recipient, you initiate the payment transaction and Visa will process the payment on our behalf.
6.3.5 When you instruct us to pay a Non-Registered payee who is not a Registered Visa recipient:
(a) Visa will send a text message to the Non-Registered payee on our behalf informing them that you wish to make a payment to them. For security reasons Visa will not state the amount of the payment in this text message. It is your responsibility to provide the Non-Registered payee with this information.
(b) The Non-Registered payee will have up to seven days from the day Visa send the text message to collect the payment. After the collection period has expired the payment request will no longer be valid and you will have to make a fresh payment request if you still wish to make the payment.
(c) To collect the payment, the Non-Registered payee must visit the Visa Europe collections website referred to in the text message and provide their eligible Visa card details as well as the amount of the payment. When the Non-Registered payee provides this information they initiate the payment transaction and Visa will process the payment on our behalf.
6.3.6 For all Non-Registered payees, if the payment is successful it will be credited to the Non-Registered payee's account by the end of the business day [after the payee has contacted Visa to collect the payment]. If the payment is unsuccessful you will be sent a text message to let you know, and you will have to make a fresh payment request if you still wish to make the payment.
We do not currently charge you for the Mobile Phone Banking Service. However, your mobile phone network operator may charge you when using the Mobile Phone Banking Service and these charges may vary if you use your mobile phone to access the Mobile Phone Banking Service when abroad.
8.0 OUR LIABILITY
We will not be liable to you for any breach of (or failure to perform) our obligations where that breach (or failure) is due to abnormal and unforeseeable circumstances beyond our control, the consequences of which would have been unavoidable despite all efforts to the contrary.
9.0 VARIATION/TERMINATION OF SERVICE
9.1 There is no minimum contract period and you are free to cancel the Mobile Phone Banking Service at any time. Details on how to cancel the Mobile Phone Banking Service can be found on our website at iombank.com/mobile.
9.2 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.
9.3 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.
9.4 Unless we are unable to contact you or there is a legal reason or other circumstances beyond our control preventing us from doing so, we will notify you personally before taking this action to suspend, withdraw or restrict your use of the Mobile Phone Banking Service and provide our reasons for doing so. If we are unable to contact you beforehand, where possible we will notify you and give our reasons afterwards.
9.5 We may suspend, withdraw or restrict the use of the Mobile Phone Banking Service or any part of the Mobile Phone Banking Service where:
a) have reasonable grounds to suspect that your Security Details have not been kept safe; or
b) we have reasonable grounds to suspect unauthorised or fraudulent use of your Security Details; or
c) as a result of a change in the way you operate your account or in your financial circumstances, we have reasonable grounds to believe that you may have difficulty in meeting your commitments; or
d) we consider it appropriate for your protection.
9.6 If we have a valid reason for doing so, we may change the terms of our agreement with you by notifying you personally not less than 60 days before the change comes into effect.
9.7 We may introduce new charges on your account or change the amount of any charges which already apply to your account by notifying you personally not less than 60 days before the change comes into effect.
10.0 LICENCE FOR NATWEST MOBILE PHONE BANKING APPLICATION (the "Licence")
10.1 We hereby grant to you a non-assignable, non-transferable, non-exclusive Licence to use the mobile phone banking application (which shall include future updates made available to you from time to time provided you understand such updates may be subject to additional terms notified to you at the time such update is made available) subject to the following obligations and/or restrictions:
10.1.1 you may only use the Application on one single registered mobile phone belonging to you or under your control. You will need to register separately each additional or replacement mobile phone;
10.1.2 you may only use the Application for the purpose of receiving the Service and for no other purpose whatsoever;
10.1.3 the Application is licensed only to you and you shall not assign, sub-licence or grant any rights of use or any other rights in respect of the Application to any other person;
10.1.4 you shall not copy or reproduce in any way the whole or any part of the Application;
10.1.5 you shall not alter, modify or adapt the whole or any part of the Application;
10.1.6 you shall not remove or tamper with any copyright notice attached to or contained within the Application and you acknowledge and agree that as between us and you all ownership in the Application remains with us;
10.1.7 on any termination of the Service all rights granted to you in respect of the Application shall immediately cease.
10.2.1 The Licence shall commence upon your acceptance of the Licence or when you install the Application (whichever is first) and shall continue until terminated in accordance with the following clause or otherwise in accordance with the Licence.
10.2.2 The Licence will terminate automatically if you cancel the Service and/or uninstall the Application, or fail to comply with any term or condition of the Licence.
Upon termination of the Licence for any reason whatsoever you must uninstall the Application and destroy all copies of the Application including all components of it in your possession.
10.3 LAW AND JURISDICTION
Our relations with you and the formation, existence, construction, performance, validity and all aspects whatsoever of these Terms and this Licence will be governed by the laws of the jurisdiction in which the branch where your
account(s) is located.
10.4 ACCEPTANCE OF LICENCE
You will be deemed to have accepted the terms of the Licence by installing the Application on any mobile phone.