The Mobile Banking Service is provided by The Royal Bank of Scotland plc to you.
It is important that you read these terms (the "Terms") carefully along with the terms which apply to your account (the "Core Terms" (available at rbs.co.uk)).
If you opened your account before 4 July 2011, your Core Terms comprise our Personal and Private Banking - Terms and Conditions and the fees leaflet which applies to your account, either Personal Banking - Charges and Rates of Interest or (if you are a Private Banking customer) Private Banking - Charges and Rates of Interest. If you opened your account on or after 4 July 2011, or you have been moved to our new terms, your Core Terms comprise our RBS Personal & Private Current Account Terms and our fees leaflet, Personal & Private Current Account Fees & Interest Rates.
The Core Terms set out our general terms for using our banking services including details of how we and others will use your information. Please also look for the padlock symbol. If you have any questions about these Terms, please contact us on 0808 168 2958. If there is any inconsistency between the Terms and the Core Terms, the Terms will take priority and apply.
1. OUR DETAILS
We are The Royal Bank of Scotland plc ("us", "we" or "RBS"), a member of The Royal Bank of Scotland Group of companies. We are a public company incorporated in Scotland (Company number 90312) and have our registered office at 36 St Andrew Square, Edinburgh EH2 2YB.
2. THE SERVICE
2.1 You may only access the Mobile Banking Service if you are aged 11 years or over and are resident in the United Kingdom. Further details on how to register and use the Mobile Banking Service can be found at rbs.co.uk/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 rbs.co.uk/mobile. The services offered to you via the Mobile Banking Service may vary depending on the type of device you are using.
3. AVAILABILITY OF SERVICE
3.1 While we will make reasonable efforts to provide the Mobile Banking Service, we will not be liable for any failure to provide the Mobile Banking Service, in part or full, for any cause that is beyond our reasonable control. This includes, in particular, any suspension of the Mobile Banking Service resulting from maintenance and upgrades to our systems or the systems of any party used to provide the Mobile Banking Service, other disruptions to our systems, 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. SECURITY PROCEDURE
4.1 You must keep your security details (which include the identifying words, codes and numbers agreed between us) 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 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. You should report any such requests to us immediately.
4.4 Where a transaction using the Mobile 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 your device is lost or stolen, or if you suspect that anyone knows your security details you must contact us immediately.
4.6 Where your security details are lost or stolen, or you do not keep them safe as you are obliged to do under these Terms, you may be responsible for unauthorised transactions, up to a maximum of £50. You may be liable for the full amount where you have failed intentionally, or with gross negligence, to keep your security details secret. Unless you have acted fraudulently, you will not be liable for any unauthorised payment which is made after you told us that your security details are no longer safe.
4.7 You will be responsible for all instructions given by you or anyone acting with your authority between the time you pass the security procedure and the time you exit from the Mobile Banking Service. Please note that this includes any input errors, or instructions sent by anyone but yourself. You should not leave the device you are using unattended while you are still logged onto the Mobile Banking Service.
4.8 You are responsible for making sure information either stored or shown on your device(s) is kept secure.
4.9 You must delete the Application from your device if you change your device or dispose of it.
4.10 You must advise us of any change to your mobile phone number or email address.
5.1 Unless Term 6.3 applies, 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. If we cannot use the Faster Payments Service we will advise you of alternative methods of making the payment.
5.2 You acknowledge that you are responsible for all transactions carried out using the Mobile Banking Service and for the repayment of any debt that arises from use of the Mobile Banking Service.
6. PAY YOUR CONTACTS
6.1.1 You can only register to use Pay your contacts if your account is held in Scotland.
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 give us the United Kingdom 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 give us a mobile phone number 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 rbs.co.uk/mobile.
6.2 Paying Registered Customers
6.2.1 You may ask us to make a payment to other customers who are registered to use the Application or the NatWest mobile banking application ("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.
6.2.2 Payments to Registered Customers will be paid into the account linked to the debit card which the payee used to register for the Mobile Banking Service or the NatWest mobile banking service.
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 following initiation of the payment transaction. 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 reserve the right to charge you and you agree to pay the charges which apply when you use our services or any part of them. We do not currently charge you for the Mobile Banking Service. However, your mobile phone network operator may charge you when using the Mobile Banking Service and these charges may vary if you use your mobile phone to access the Mobile Banking Service when abroad.
8. 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. VARIATION/TERMINATION OF SERVICE
9.1 There is no minimum contract period and you are free to cancel the Mobile Banking Service at any time. Details on how to cancel the Mobile Banking Service can be found on our website at rbs.co.uk/mobile.
9.2 If you have not used the Mobile Banking Service for 12 months your account will be deactivated automatically and you will have to re-register in order to use the Mobile Banking Service again.
9.3 We may suspend, withdraw or restrict the use of the Mobile Banking Service or any part of the Mobile Banking Service where:
(a) we 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.
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 tell you before taking this action and provide our reasons for doing so. If we are unable to contact you beforehand, where possible we will tell you and give our reasons afterwards.
9.4 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.
9.5 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. LICENCE FOR RBS MOBILE BANKING APPLICATION (the "Licence")
10.1 We hereby grant to you a non-assignable, non-transferable, non-exclusive Licence to use the 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 a registered device belonging to you or under your control. You will need to register each additional or replacement device separately;
10.1.2 you may only use the Application for the purpose of receiving the Mobile Banking 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 Mobile Banking Service all rights granted to you in respect of the Application shall immediately cease.
10.2 Termination of Licence
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 Mobile Banking 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 Acceptance of Licence
10.3.1 You will be deemed to have accepted the terms of the Licence by installing the Application on any device.
11. LAW AND JURISDICTION
If your address is in Scotland:
- Scots law applies to our relations with you and the formation, existence, construction, performance, validity and all aspects whatsoever of these Terms and this Licence; and
- the Scottish courts have non-exclusive jurisdiction over any disputes arising between you and us.
If your address is in England or elsewhere:
- English law applies to our relations with you and the formation, existence, construction, performance, validity and all aspects whatsoever of these Terms and this Licence; and
- the English courts have non-exclusive jurisdiction over any disputes arising between you and us.