Web Site Terms and Conditions of Use

This Website is operated by Monitise Americas LLC (“Monitise,” “we,” “us,” “our”) for the purpose of registering users for mobile phone banking or Monitise Mobile Money Manager service offered by participating financial institutions under the Mobile Money brand. The Monitise Mobile Money Manager service is provided to you by the participating financial institution that issued your debit card. Your use of the Monitise Mobile Money Manager service is governed by the cardholder regulations or other terms of the participating financial institution that issued your card.

PLEASE READ THESE WEB SITE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE (THE “WEBSITE”). THESE WEBSITE TERMS OF USE (THE “TERMS OF USE”), WHICH INCLUDE OUR PRIVACY POLICY, GOVERN YOUR ACCESS TO AND USE OF THIS WEB SITE. THE WEB SITE IS AVAILABLE FOR YOUR USE ONLY ON THE CONDITION THAT YOU AGREE TO THE TERMS OF USE SET FORTH BELOW. BY ACCESSING, USING, OR OBTAINING ANY CONTENT, PRODUCTS OR SERVICES THROUGH THE WEB SITE, YOU AGREE TO BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF USE, DO NOT ACCESS OR USE THE WEB SITE.

You may have other rights granted by law, and these Terms of Use and the Service Terms and Conditions do not affect these.

1. User Eligibility

Minors (as defined under the laws of their jurisdiction or residence) are not eligible to use this Website to register for, use, or purchase products or services available on this Website.

2. Website License

As a user of this Website, you are granted a non-exclusive, nontransferable, revocable, limited license to access and use the Website in accordance with these Terms of Use. Except for this limited license, we do not grant you any other rights or license with respect to this Website. Any rights not expressly granted by this Website license or in these Terms of Use are reserved. Monitise™ may terminate this license at any time for any reason.

3. Scope of Terms of Use

These Terms of Use apply to your use of the Website, and all content available through the Website, and all other sites or content on sites owned or operated by Monitise, except to the extent that such sites, or content are the subject of a separate agreement. You agree to use the Website and all content available through the Website in strict compliance with all applicable laws, regulations, rulings, Monitise policies, and in a manner that does not negatively reflect on the goodwill or reputation of Monitise.

4. Access to the Website

To access this Website or some of the services and content provided through the Website, you may be asked to provide certain registration information about yourself. It is a condition of your use of this Website that all information you provide on this Website will be accurate, current, and complete. If Monitise believes the information is not accurate, current, or complete, Monitise has the right to refuse you access to this Website or any of the services and content provided through the Website, and to terminate or suspend your access to the Website at any time. Monitise will treat any personal information you submit through this Website in accordance with its Privacy Policy.

5. Restrictions on Use

This Website is for personal use only and not for commercial exploitation. You may use the Website only for purposes expressly permitted in these Terms of Use or by this Website. As a condition of your use of the Website, you warrant to Monitise that you will not use the Websites for any purpose that is prohibited by these Terms of Use or other notices and conditions contained on the Website. In particular, you also agree NOT to use the Website or any of the Website services for or in connection with any of the following activities:

(i) tampering, hacking, modifying or otherwise corrupting the security or functionality of the services, interfering with or disrupting our network or other networks connected to the service, or posting, e-mailing, or otherwise transmitting any data that contains any software viruses, Trojan horses and/or any other code, files or programs intended to destroy, disrupt or otherwise impair a computer's functionality or the operation of any service;

(ii) chain letters, pyramid schemes, or spamming;

(iii) using any robot, spider, or other automatic device or manual process to monitor content on the Website or any of the services offered through the Website;

(iv) uploading or transmitting to the Website or using any device, software or routine that contains viruses, Trojan horses, worms, time bombs, or other computer programming routines that may damage, interfere, or attempt to interfere with, intercept, the normal operation of our Website, or appropriate the Website or any system, or take any action that imposes an unreasonable load on our computer equipment, or that infringes upon the rights of a third party;

(v) posting, e-mailing, or otherwise transmitting any unlawful, harmful, harassing, defamatory, libelous, abusive, threatening, vulgar, sexually explicit, hateful, or otherwise objectionable material of any kind, or any material that is invasive of another's privacy or exploits children under 18 years of age;

(vi) spoofing or otherwise impersonating any person or entity, such as another user or any of our personnel, falsely stating or otherwise misrepresenting your identity or affiliation, or forging any header or any part of the header information in any e-mail or other posting;

(vii) placing any false information on the Website;

(viii) using the services for any fraudulent or illegal purpose, or gathering personally identifiable information without prior consent;

(ix) violating any applicable local, state, national, or international law, such as laws governing financial services, export control, gambling and/or money laundering;

(x) interfering with another user's enjoyment of the services;

(xi) using or accessing the Website in any way that, in our reasonable judgment, adversely affects the performance of the function of the Website, or any other computer systems or networks used by Monitise™ or other Website users;

(xii) violating any other of our rules or policies or engaging in any other unauthorized use of the Website.

This Website is protected by United States and international law, including copyright and trademark laws. These Terms of Use do not grant any license to modify, alter, or frame the materials on the Website that are viewed, downloaded, or otherwise accessed by you. Your license does not include: any right of resale or of commercial use of the Website or its contents; any derivative use of the Website or its contents; or any use of data mining, robots, or similar data-gathering and extraction tools in connection with the Website. You may not (and may not authorize any third party to): (i) co-brand this Website, or (ii) frame this Website, or (iii) hyper-link to this Website, without the express written permission of Monitise. For the purposes of these Terms of Use, “co-branding” means to display a name, logo, trademark, or other means of attribution or identification of any party in such a manner as is reasonably likely to give a user the impression that such other party has the right to display, publish, or distribute this Website or content accessible within this Website. You agree to cooperate with Monitise in causing any unauthorized co-branding, framing or hyper-linking immediately to cease. You may not obtain or attempt to obtain any materials, content or information through any means not intentionally made available or provided for through the Website.

Monitise reserves the right to terminate your ability to use the Website or any services provided to you through the Website, in our sole discretion, with or without notice, if we believe that your conduct fails to conform with this section of the Terms of Use, and to investigate, involve and cooperate with law enforcement authorities, and pursue a civil lawsuit or criminal prosecution for any alleged or actual illegal activities involving this Website or any of the services offered through this Website.

6. Permitted Uses

You may use this Website to receive information about and register for the Monitise Mobile Money Manager service as offered by your participating financial institution. You are solely responsible for your transactions, posts, and transmissions through the Website and each of the Website’s services. You may download, display, and print any copy of the content of this Website for your personal records, but you may not copy, reproduce, upload, post, display, republish, distribute, transmit, any part of the content of the of the website in any form whatsoever for sale, transfer, or licensing to any third parties or for any commercial purposes.

7. Submissions

Monitise will treat any personal information you submit through this Website in accordance with our Privacy Policy. Other than personal information, which is subject to our Privacy Policy, any comments, suggestions, testimonials, endorsements, ideas, graphics, or similar material disclosed, submitted by you to the Website or in connection with it will be considered non-confidential, non-proprietary and not personal to either you or anyone else. By so disclosing or submitting any such material, you grant Monitise a world-wide, non-exclusive, royalty-free, perpetual, irrevocable, and fully-sub-licensable right to use, reproduce, modify, edit, publish, translate, rework, create derivative works from, distribute and display that material without compensation or acknowledgment of source.

8. Privacy Policy

Your use of this Website is subject to our Privacy Policy. By using the Website, you agree that you have read our Privacy Policy and it is reasonable and acceptable to you. Your acceptance of the Terms and Conditions for services offered through the Website is also your consent to the information sharing practices in our Privacy Policy.

9. Security

Any passwords or passcodes used for this Website or any services offered through this Website are for individual use only. You will be responsible for the security of your password or passcode (if any). Monitise will be entitled to monitor your password or passcode and, at its discretion, require you to change it. If you use a password or passcode that Monitise considers insecure, Monitise will be entitled to require the password or passcode be changed and/or terminate your account.

You are prohibited from using any services or facilities provided in connection with this site to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools or network probing tools) is strictly prohibited. If you become involved in any violation of system security, Monitise reserves the right to release your details to system administrators at other sites in order to assist them in resolving security incidents. Monitise reserves the right to investigate suspected violations of these Terms of Use. Monitise reserves the right to cooperate fully with any law enforcement authorities or court order requesting or directing Monitise to disclose the identity of anyone posting any e-mail messages, or publishing or otherwise making available any materials that are believed to violate these Website Terms of Use.

BY ACCEPTING THIS AGREEMENT YOU WAIVE AND HOLD HARMLESS MONITISE FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY MONITISE DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER MONITISE OR LAW ENFORCEMENT AUTHORITIES.

10. Cookies

The Website may use "cookies" to deliver personalized content and collect information about the use of the Website. Cookies are small computer files that are transferred to your computer that allow the Website to facilitate image changes, collect anonymous aggregate site traffic and allow you to personalize our services to your needs. The Website does not require users to accept "cookies," and you can set your browser to notify you when you receive a "cookie," giving you the chance to decide whether or not to accept it. However, if you choose not to accept cookies you may experience some reduction in graphics and other personalized services.

11. Modifications to the Website

Monitise intends to frequently update and improve this Website and other documentation related to products and services offered through the Website. Monitise reserves the right to change the Website Terms of Use at any time. New content will be added when available. Updated versions of the Terms of Use and other documentation related to products and services offered through the Website will appear on this Website and are effective immediately or as soon as permitted under applicable law. You are responsible for regularly reviewing the Website Terms of Use. Continued use of the Website after any such changes constitutes your consent to such changes.

12. Errors and Corrections

Although Monitise will take reasonable steps to keep information on the Website accurate, the correctness of the information provided on the Website cannot be guaranteed. Circumstances could arise in which inaccuracies occur on this Website or within material and or documentation downloaded from this Website. Monitise, therefore, does not represent or warrant that the Website will be error-free, free of viruses or other harmful components, or that defects will be corrected. Monitise does not warrant or represent that the information available on or through the Website will be correct, accurate, timely, or otherwise reliable.

13. Third Party Content

Third party content may appear on this Website or may be accessible via links from this Website. In particular, Monitise may link to sites that are not within our control. Once you have left this Website or a Monitise WAP site, Monitise cannot be responsible for the protection and privacy of any information you provide to other websites. Accordingly, Monitise is not responsible for and assumes no liability for any mistakes, misstatements of law, defamation, slander, libel, omissions, falsehood, obscenity, pornography or profanity in the statements, opinions, representations, or any other form of content contained in the any third party content appearing on the Website. You understand that the information and opinions in the third party content is neither endorsed by nor does it reflect the beliefs of Monitise. You should exercise caution and look at the privacy policies applicable to any other websites or WAP sites you visit.

14. Intellectual Property

The material, information, and content, and services accessible from this Website, and any other website owned, operated, licensed, or otherwise controlled by Monitise is the proprietary information of Monitise or the party that provided or licensed the material, information, content, or services accessible from this Website to Monitise (collectively “Information”), whereby such providing party retains all right, title, and interest in such Information. Accordingly, the Information may not be copied, distributed, republished, uploaded, posted, or transmitted in any way without the prior written consent of Monitise, except that you may print out a copy of Information from the Website solely for your personal use (e.g., records). In doing so, you may not remove or alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark, or any other proprietary notice or legend appearing on any of the Information. Modification or use of the Information except as expressly provided in these Terms of Use violates Monitise’s intellectual property rights. Neither title nor intellectual property rights are transferred to you by access to this site.

Trademarks, service marks, logos, and copyrighted works appearing in this site are the property of Monitise or the party that provided the trademarks, services marks, logos, and copyrighted works to Monitise. Monitise and any party that provided trademarks, service marks, logos, and copyrighted works to Monitise retain all rights with respect to any of their respective trademarks, service marks, logos, and copyrighted works appearing in this Website.

All Information contained in this Website is copyrighted and may not be used in any written, electronic or media publications or Web pages without the express written permission of Monitise.

15. Disclaimer

You understand that Monitise cannot and does not guarantee or warrant that files available for downloading from the Internet will be free of viruses, worms, Trojan horses or other code that may manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to this site for any reconstruction of any lost data. Monitise does not assume any responsibility or risk for your use of the Internet.

The Website content is not necessarily complete and up-to-date and should not be used to replace any written reports, statements, or notices provided by Monitise.

YOUR USE OF THIS WEBSITE IS AT YOUR OWN RISK. MONITISE MAKES NO REPRESENTATION OR WARRANTY REGARDING THE CONTENT AND ANY SERVICES OFFERED THROUGH THE WEBSITE, EITHER EXPRESSED OR IMPLIED. MONITISE DISCLAIMS ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. MONITISE DOES NOT WARRANT THAT THE FUNCTIONS OR CONTENT CONTAINED IN THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MONITISE DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE, OR THE RESULT OF USE, OF THE CONTENT OF THIS WEBSITE IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE. THE CONTENT MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND MONITISE MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME. YOU, AND NOT MONITISE, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THIS WEBSITE OR ITS CONTENT. MONITISE MAKES NO WARRANTIES THAT YOUR USE OF THE CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH CONTENT.

YOU ACKNOWLEDGE BY YOUR USE OF THE WEBSITE, THAT YOUR USE IS AT YOUR SOLE RISK, THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING, REPAIRS, OR REPLACEMENT OF ANY EQUIPMENT, HARDWARE OR DATA YOU USE IN CONNECTION WITH YOUR USE OF THE WEBSITE AND THAT MONITISE SHALL NOT BE LIABLE FOR DAMAGES OF ANY KIND RELATED TO YOUR USE OR INABILITY TO USE THE WEBSITE OR ANY SERVICES OFFERED THROUGH THE WEBSITE.

16. Liability

MONITISE, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS WILL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, EVEN IF MONITISE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE COLLECTIVE LIABILITY OF MONITISE AND ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED $100. IN NO EVENT WILL MONITISE OR ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS HAVE ANY LIABILITY TO YOU FOR THE MONITISE MOBILE MONEY MANAGER SERVICE. ALL CLAIMS RELATING TO THE MONITISE MOBILE MONEY MANAGER SERVICE SHALL BE EXCLUSIVELY GOVERNED BY THE TERMS OF YOUR AGREEMENT WITH YOUR PARTICIPATING FINANCIAL INSTITUTION.

IN NO EVENT WILL MONITISE AMERICAS BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOSSES OR EXPENSES ARISING FROM THE MONITISE MOBILE MONEY MANAGER SERVICES OR USE THEREOF OR INABILITY TO USE BY ANY PARTY, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE, EVEN IF MONITISE AMERICAS, OR REPRESENTATIVES THEREOF, ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES OR EXPENSES.

Please refer to the cardholder regulations or other terms of your participating financial institution for information regarding your participating financial institution’s obligations and liability to you regarding the Monitise Mobile Money Manager service.

17. Indemnity

You will indemnify and hold Monitise, its subsidiaries, affiliates, licensors, content providers, service providers, employees, agents, officers, directors, and contractors (the "Indemnified Parties") harmless from any breach of these Terms of Use by you, including any use of content other than as expressly authorized in these Terms of Use. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and attorneys' fees of the Indemnified Parties in connection therewith. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of Information accessed from this site.

18. Entire Agreement and Severability

Along with our Privacy Policy, these Website Terms of Use constitute the entire agreement among the parties relating to this Website and the services offered through this Website and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, written between you and Monitise™ with respect to the Website. If any part of these Terms of Use is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity of any remaining provisions.

19. General

Your acceptance of these Terms of Use does not create a joint venture, partnership, employment, or agency relationship with Monitise. You may not assign, delegate or transfer your rights or obligations under these Terms of Use. If Monitise fails to act with respect to your breach or anyone else’s breach of these Terms of Use, Monitise is not waiving our right to act with respect to future or similar breaches. The headings in these Terms of Use are for your convenience and reference. They do not limit or affect any of the provisions contained in these Terms of Use.

20. Governing Law and Jurisdiction

These Website Terms of Use will be governed and interpreted pursuant to the laws of the State of New York, United States of America, notwithstanding any principles of New York conflicts of laws. You specifically consent to personal jurisdiction in the New York in connection with any dispute between you and Monitise arising out of these Terms of Use. You and Monitise each agree that the exclusive venue for any dispute between you and Monitise arising out of these Terms of Use will be in the state and federal courts in New York, New York. The United Nations Convention on Contracts for the International Sale of Goods will not apply to these Terms of Use.

21. Contact Information

If you have any questions or concerns about these Terms of Use or our Privacy Policy, you may contact Monitise at Monitise Americas LLC, 72 Clifford Street, Suite 300, Providence, RI 02903. You may contact Monitise by telephone at (877) 327-7372.