Terms and Conditions and Privacy Policy

TERMS AND CONDITIONS OF USE FOR THE MOBILE PHONE BANKING SERVICE

The Mobile Phone Banking Service is provided by National Westminster Bank Plc to you. Customers of NatWest Offshore and Isle of Man Bank are advised that applying for Mobile Phone Banking will enable NatWest plc in the UK to access your account data and in subscribing for this service, you consent to and authorise this access.

It is important that you read these terms and conditions (the " Terms") carefully along with our privacy policy (a copy of which is available at www.natwest.com/mobile). The privacy policy contains 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 2959. In order to use the Mobile Phone Banking Service you need to accept these Terms and the privacy policy. If you do not accept these Terms, please do not use the Mobile Phone Banking Service and delete the application from your mobile phone.

1. OUR DETAILS
   
   We are National Westminster Bank Plc (" us", " we" or " NatWest") part of the Royal Bank of Scotland Group of companies (the " RBS Group"). We are a public company incorporated in England and Wales (Company number 929027 ) and having our registered office at 135 Bishopsgate, London, EC2M 3UR .


2. WHO CAN USE THE MOBILE PHONE BANKING SERVICE?
   
   2.1 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 also have all of the following:
   2.1.1 a UK bank card supplied by a member of the RBS Group;
   2.1.2 a mainland UK mobile telephone account (prepay or monthly contract) with a participating operator (please check with your operator or see our website, www.natwest.com/mobile for a list of current participating operators);
   2.1.3 a Java compatible mobile phone (if your mobile phone has games installed, it is very likely to be compatible) or an 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 interne 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 part of the service 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 e-mail or service inbox to receive WAP ‘Push’ messages and SMS messages;
   
   2.1.4 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; and
   2.1.5 an address within the United Kingdom.
   
   2.2 You can only register a bank card, supplied by a member of the RBS Group, which you are lawfully entitled to use.
   
   2.3 The Mobile Phone Banking Service can be used abroad in countries with compatible mobile networks, though phone charges may be higher.
   
   2.4 We may introduce new versions of the Mobile Phone Banking Service from time to time compatible with different mobile handsets, a list of these will be available at our website (www.natwest.com/mobile).


3. HOW YOUR CONTRACT IS FORMED WITH US
   3.1 When you request to subscribe, via www.natwest.com/mobile, to the Mobile Phone Banking Service (other than through an iPhone), we will send you a notification (typically a WAP 'Push' or SMS message) that will allow you to download the mobile banking application to your mobile phone. If you are using an iPhone, you should 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 as set out in clause 13 below.
   
   3.2 When you first use the Mobile Phone Banking Service, we will ask you to choose a security passcode, which you will need each time you 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 see our website www.natwest.com/mobile for details on how to order a replacement.
   
   3.3 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 2959.
   
   3.4 When we receive your bank card and address details, we will check them against our records to verify your identity. When your details are verified or rejected we will text or otherwise send a message to you. If your details are verified for the Mobile Phone Banking Service (other than just Text Banking) we will either send you:
   3.4.1 a Card Activation Number; or
   3.4.2 a welcome letter,
   usually within 3 working days.
   
   3.5 The welcome letter will contain the mobile phone number you have used to subscribe to the NatWest Mobile Phone Banking Service. If this is not the correct number, you must notify us immediately,
   
   3.6 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.
   
   3.7 If we send you a welcome letter, then once you have downloaded the mobile banking application, and we have sent you a text or a message by other means to indicate that the Mobile Phone Banking Service is live, you will be able to:
   3.7.1 activate the Mobile Phone Banking Service; and
   3.7.2 access your cards on your mobile phone without having to do anything further.
   
   3.8 By activating the Mobile Phone Banking Service you are confirming that you accept and will be legally bound by these Terms.
   
   3.9 You can submit a registration for just Text Banking by completing the registration process on our website – www.natwest.com/mobile.
   
   3.10 When we receive your bank card details, we will check them to verify your identity. If the details are verified, will we send you a welcome letter and notification text or a notification message by other means to confirm your registration.
   
   3.11 If you make a submission for registration via the NatWest website as per clause 3.1., then rather than send you a Card Activation Number and welcome letter, we will just send you a notification text or a notification message by other means to indicate that Text Banking is live. You will then start to receive Text Banking in accordance with your instructions submitted with your registration.
4. THE MOBILE PHONE BANKING SERVICE
   4.1 The NatWest Mobile Phone Banking Service gives you access to content and transaction services and allows you to register for either all services offered as part of our full Mobile Phone Banking Service or just Text Banking (“the Service”). Please note that we may add new services from time to time.
   
   4.2 The complete range of services offered as part of our Mobile Phone Banking Service gives you access to among other things:
   1. balance enquiries;
   2. mini statements;
   3. Text Banking; and
   4. transactional services (e.g. mobile phone Top-Up).
   
   
   4.3 Text Banking is also available as a standalone service, providing weekly balance alerts, limit alerts and quick statements on demand to your mobile.
   
   4.4 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.
   
   4.5 You acknowledge that we may withdraw all or part of the Mobile Phone Banking Service without notice.
5. AUTHORITY
   
   5.1 You authorise us 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 relate to an account that could otherwise only be operated by two or more persons.
   
   5.2 You agree that if you have a joint account we 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.
6. SECURITY PROCEDURE
   
   6.1 You must keep your security details secret and take all reasonable precautions to prevent unauthorised or fraudulent use of them.
   
   6.2 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.
   
   6.3 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.
   
   6.4 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.
   
   6.5 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.
   
   6.6 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.
   
   6.7 Please note that all telephone calls with us may be recorded.
   
   6.8 Banking instructions received for your current and savings accounts by 3pm on any working 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 working day). Instructions received at any other time will be processed the next working day.
   
   6.9 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.
   
   6.10 You are responsible for making sure information either shown or stored on your mobile phone is kept secure. We will not be responsible if your account information becomes known to someone else.
   
   6.11 You must advise us of any change to your mobile phone number or email address.
7. CHARGES
   
   7.1 We will not charge you for the service, received via text or by accessing the mobile phone banking application. 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. Please contact your mobile phone network operator to find out what the charges may be. For more information, please visit our website at: www.natwest.com/mobile.
8. PAYMENT
   
   8.1 If your mobile phone operator charges you for using the Mobile Phone Banking Service, this will be debited to your mobile phone account.
   Mobile phone Top-Ups using the Mobile Phone Banking Service will be debited from your current account and will be shown on your current account statement.
   Please see the Frequently Asked Questions section on our website (www.natwest.com/mobile) 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.
9. ADDING EXTRA CARDS
   
   9.1 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 our website (www.natwest.com/mobile). Following successful verification of the details of the new card, we will either post you a new Card Activation Number or a welcome letter.
   
   9.2 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.
10. OUR LIABILITY
    
    10.1 We are not responsible to you for any losses which you may incur which were not a foreseeable consequence of us breaching these Terms, for example if you and we could not have contemplated those losses before or when we enter into a contract.
    
    10.2 We will use reasonable endeavours to deliver the NatWest Mobile Phone Banking Service to you. However, if we do not provide you with a limit alert, we will not be liable for any charges on your account which you could have avoided if we had provided you with a limit alert. It is your responsibility to manage your account efficiently.
    
    10.3 We will not be liable to you for any loss incurred or damage suffered by you as a result of the account information displayed on the NatWest Mobile Phone Banking Service not being accurate, complete or up to date, or by your reliance on it.
    
    10.4 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.
    
    10.5 If your mobile phone is lost or stolen, you must tell us (by telephoning us on 0808 168 2959) 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.
    
    10.6 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.
    
    10.7 If we 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.
    
    10.8 We 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.
    
    10.9 These Terms do not exclude our liability (if any) to you for:
    10.9.1 personal injury or death resulting from our negligence;
    10.9.2 fraud; or
    10.9.3 any matter which it would be illegal for us to exclude or to attempt to exclude our liability.
    
    10.10 Our liability to you (if any) 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.
11. YOUR RIGHT TO CANCEL
    
    11.1 You are legally entitled to cancel the contract within 14 calendar days, starting on the day after the day on which you activate the Service for the first time. For the avoidance of doubt, this will be after we have sent you a text message informing you that the Service is live or when you enter your Card Activation Number to activate the Service for the first time.
    
    11.2 There is no minimum contract period and you are free to cancel the Mobile Phone Banking Service at any 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.
    
    11.3 To cancel Text Banking, just text “STOP” at any time to 82428.
    
    11.4 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.
    
    11.5 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.
12. OTHER IMPORTANT INFORMATION
    
    12.1 We have the right to change these Terms at any time and we will put the changes on the NatWest website at www.natwest.com/mobile.
    
    12.2 If we believe that any change to the Terms 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.
    
    12.3 If you do not agree with any change to the Terms 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.
    
    12.4 We may assign, novate or transfer any of our rights and obligations under these Terms, either wholly or in part, to any other person. You agree that you will promptly execute all documents that we reasonably need in order to make such an assignment, novation or transfer effective.
    
    12.5 We may not necessarily keep a copy of your order and these Terms. Accordingly we advise you to keep a record of your order and a copy of these Terms for your information and reference. You will receive a copy of these Terms when we send you your Card Activation Number or welcome letter.
    
    12.6 The contract and all communications between us will be conducted in the English language.
    
    12.7 Our relations with you and the formation, existence, construction, performance, validity and all aspects whatsoever of these Terms or of any term of these Terms 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 .
    
    12.8 If you have any complaint about the Mobile Phone Banking Service please write to us at NatWest Customer Relations, FREEPOST NAT12685, Boreham Wood, WD61BR or call us on 0808 168 2959.
13. LICENCE FOR NATWEST MOBILE PHONE BANKING APPLICATION (the "Licence")
    
    13.1 We hereby grant to you a non-assignable, non-transferable, non-exclusive Licence to use the mobile phone banking application (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:
    13.1.1 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;
    13.1.2 you may only use the Application for the purpose of receiving the NatWest mobile phone banking service (the "Service") and for no other purpose whatsoever;
    13.1.3 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;
    13.1.4 you shall not copy or reproduce in any way the whole or any part of the Application;
    13.1.5 you shall not alter, modify or adapt the whole or any part of the Application;
    13.1.6 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;
    13.1.7 on any termination of the Service all rights granted to you in respect of the Application shall immediately cease.
    
    13.2 LIABILITY
    13.2.1 The Application is provided “as is” with no representation, guarantee or warranty of any kind as to its functionality.
    13.2.2 We will use reasonable endeavours to ensure that the Service will be accessible from Java compatible mobile phones and iPhones; however you acknowledge that we cannot guarantee that the Application will be compatible with every type of mobile phone.
    
    13.3 TERMINATION
    13.3.1 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.
    13.3.2 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.
    
    13.4 LAW AND JURISDICTION
    This Licence will be governed by English Law and the English courts shall have non-exclusive jurisdiction to settle any dispute arising out of this Licence.
    
    13.5 ACCEPTANCE OF LICENCE
    13.5.1 You will be deemed to have accepted the terms of the Licence by installing the Application on any mobile phone.

1. NatWest Mobile Phone Banking Service - Privacy Policy (the "Policy")
   
   We are committed to protecting your privacy when you are using the Mobile Phone Banking Service (the "Service"). This policy sets out how we use and protect any personal information that you give us when you register to use the Service. If you have any questions about the Policy please contact us on 0808 168 2959. If you do not accept this Policy then please do not use the Service and delete the NatWest mobile phone banking application from your phone.
   
   1.1 What information do we collect about you?
   
   1.1.1 When you register for the Mobile Phone Banking Service we will collect the following information:
   1. your name and contact information, including postal address, mobile telephone number and your email address;
   2. your bank card details and details of your mobile phone, mobile telephone operator and telephone number;
   3. your date of birth;
   4. information regarding your personal or professional interests, demographics, experiences with our products and contact preferences in order to provide you with further correspondence about our products and services.
   
   
   1.2 How will we use the information we collect about you?
   
   1.2.1 We use this information to provide you with a better service, and in particular for the following purposes:
   1. we will pass your details to your mobile telephone operator and other third parties involved in providing the Service to verify your identity and allow us to provide the Service;
   2. NatWest internal record keeping;
   3. to improve NatWest products and services;
   4. to follow up as part of our customer care procedures;
   5. to contact you for market research purposes;
   6. to notify you about changes to our terms and conditions or the Service.
   
   
   1.2.2 We may contact you by a variety of means including via the Application on your mobile phone, by email, SMS, post and/or by phone. If at any point in the future you change your mobile phone number, email address, postal address or telephone number, you should tell us promptly about those changes.
   
   1.2.3 From time to time we may change the way we use your information. Where we believe you may not reasonably expect such a change we will write to you. If you do not object to the change within 60 days, we will assume that you have consented to that change.
   
   1.3 Marketing
   
   1.3.1 We would like to provide you with information about new products, promotions, special offers and other information which we think you may find interesting. We may contact you by a variety of means including via the Application on your mobile phone, by email, SMS, post and/or by phone.
   
   1.3.2 If you are a customer or you have previously asked us for information on our products, we may send you information on our range of products by any of the means referred to above, unless you have asked us not to do so.
   
   1.3.3 Otherwise, when you provide us with personal information, we will ask you whether or not you are happy for us to send you this kind of information by any of the means referred to above.
   
   1.3.4 If you decide at any time that you no longer wish to receive marketing messages from us, please write to us at Data Protection Manager, Retail Regulatory Risk, 2nd Floor, Business House B, RBS Gogarburn, PO Box 1000, Edinburgh, EH12 1HQ..
   
   1.4 With whom do we share your information?
   
   1.4.1 We do not disclose your information to anyone outside the RBS Group of companies, except where we:
   1. have your express permission; or
   2. are required or permitted to do so by law; or
   3. need to disclose your information to one of our suppliers in order to enable the Service to be provided to you; or
   4. are legally entitled to transfer any of our Service related rights or obligations to another company.
   
   
   1.5 Access to your information and correction
   
   1.5.1 If you would like a copy of the information we hold about you, please write to: The Data Protection Manager, Retail Regulatory Risk, 2nd Floor, Business House B, RBS Gogarburn, PO Box 1000, Edinburgh EH12 1HQ. Please note that we are entitled to charge you a fee for providing you with the information that you have requested. If you think any information we have about you is incorrect or incomplete, please write to us as soon as possible. We will correct or update any information as soon as possible.
   
   1.6 Security
   
   1.6.1 We are committed to ensuring that your information is secure. In order to prevent unauthorised access or disclosure we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect online. We use encryption when collecting or transferring sensitive data such as bank card information.
   
   1.7 Linking
   
   1.7.1 We may link to other websites or WAP sites which are not within our control. Once you have left our website or WAP site, we cannot be responsible for the protection and privacy of any information which you provide. You should exercise caution and look at the privacy policy applicable to the website or WAP site in question.
   
   1.8 Changes to our privacy policy
   
   1.8.1 We may occasionally change the terms of this Policy by updating this page. You should check this page from time to time to ensure you identify and are happy with any changes.