Terms and Conditions of Service
It is important that you read these terms and conditions carefully. Together with our privacy policy and our terms and conditions of use, they govern our relationship with you in relation to this website and your use of the mobile phone banking service.
If you have any questions about them or do not wish to accept them, please contact us on (877) 327-7372 before continuing.
You may have other rights granted by law, and these Terms and Conditions do not affect these.
- Our details
- Who can use the mobile banking service?
- How your contract with us is formed
- The mobile banking service
- Charges
- Payment
- Adding extra cards
- Our liability
- Your right to cancel
- Other important information
Our details
The service is provided by Monitise Americas LLC under the Monitise™ brand.
Monitise Americas LLC, is a Delaware Limited Liability Company. They provide m-commerce services And their principal place of business is Monitise Americas LLC, c/o Metavante Corporation, 4900 West brown Deer Road, Brown Deer, WI 53223, USA.
You can contact them by telephone on (877) 327-7372.
Who can use the mobile banking service?
To be eligible to register for the mobile banking service you must be over 18 years old and resident in the United States. You must have all of the following:
- A US bank card with a participating bank
- A mainland US mobile telephone account (prepay or monthly contract) with a participating operator
- A Java compatible cell phone (if your cell phone has games installed it is very likely to be compatible). Please refer to your cell phone manual for further information. In addition, your cell phone must:
-
- Have at least 64Kb of free memory
- Be configured with a standard data plan (GPRS, EDGE, or EV-DO), in addition to you normal voice plan, which enables services such as internet browsing and email receipt and delivery from your cell phone
- Have free space in your cell phone e-mail or service inbox to receive text messages
You can only register a US bank card that you are lawfully entitled to use.
The mobile banking service can be used abroad in countries with compatible carriers. Charges may be higher.
How your contract with us is formed
Once you have completed your registration details in the form on this website, 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 at (877) 327-7372.
When you submit your registration, you are requesting to subscribe to the service provided by Monitise Americas. We will then send you a text message, which will allow you to download the mobile phone banking application to your cell phone. By downloading the application you are deemed to be accepting the terms of the software license as set out here.
When we receive your bank card details we will credit your account with two amounts "(the DD codes") and then immediately debit your account with the same two amounts to reverse the transaction. In order to activate your bank card account for the Monitise™ service you will need to review your bank account, noting the DD codes, and enter these into the Monitise™ mobile phone banking application. Once these details are verified your card will be activated for the Monitise™ service. By activating the service you are confirming that you accept and will be legally bound by the terms and conditions.
When you first use the service on your cell phone you will also be asked to choose a security passcode 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 you can select the passcode request link from the help screens which will trigger a double deposit activation for the Monitise™ account if you have entered you passcode incorrectly on 5 consecutive occasions.
The mobile banking service
The service provided by Monitise™ is a service that gives you access to content services (e.g. balance inquiries) and transactional services (e.g. single PAN transfers between your accounts). Each transaction should take less than 15 seconds.
The service is normally available 24 hours a day, 7 days a week, 365 days a year apart from planned downtime, circumstances beyond our reasonable control or where you are not in an area of network coverage.
Charges
The current charges for using the mobile phone banking service are in the User Guide of the website and are updated from time to time. Click here for the current charges. There may be other taxes and costs for using the mobile phone banking service that are charged by your wireless carrier and you should contact your wireless carrier for details of their charges (if any) for this service.
All charges include applicable sales tax.
Payment
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.
Adding extra cards
You can add another card and additional services to the service at anytime by following the simple steps from within the mobile phone banking application. You cannot add new cards and services through this website, but you may be able to add extra bank cards through your bank's website where your bank offers this service. We will generate new DD codes for each card activation request and you will need to enter these into the Monitise™ application to activate the card for the Monitise™ service.
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
- 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. 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 passcode safe as recommended by us above.
We are not liable for any error by you in entering any details when you carry out a service, e.g. if you key in the wrong bank account to transfer money to. We will always ask you to confirm the details you have entered before you authorize the transaction.
Your right to cancel
If you are a consumer (i.e. you are not making the request 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. You can cancel the contract within fourteen calendar days, starting on the day after the day on which you enter your DD codes to activate the service for the first time, by selecting the "Cancel Service" option from the "Options" menu on your cell phone (which tells us that you have successfully cancelled the service) and then deleting the mobile phone banking application from your cell phone.
There is no minimum contract period and you are free to stop using the mobile phone banking service at anytime. If you wish us to deactivate your account, simply select the "Cancel Service" option from the "Options" menu on your cell phone (which tells us that you have successfully cancelled the service) and then delete the mobile phone banking application from your cell phone. If you have not used the mobile phone banking service for 12 months we have the right to deactivate your account in which case you would have to re-register in order to use the service.
It is your responsibility to delete the mobile phone banking service from your cell phone if you change your cell phone or dispose of it.
Other important information
We may not necessarily keep a copy of these Terms and Conditions and your order. We advise you to keep a record of your order and print a copy of these terms for your information in the future.
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 internal laws of the State of New York, excluding its principles of conflict of laws.
The federal and state courts located in New York, New York shall have 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 telephone (877) 327-7372.
Monitise™ is a trade mark owned by Monitise Group Limited and used under license by Monitise Americas LLC