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Terms of Use – Card Services App

The Card Services Application (the “App”) is provided by MBNA Limited of Stansfield House, Chester Business Park, Chester CH4 9QQ (“we”, “us”, “our”) to you. We are authorised and regulated by the Financial Conduct Authority and we are entered in the Financial Conduct Authority’s register with Financial Conduct Authority Register Number 204487.

Please read these terms and conditions (the “Terms of Use”) carefully along with the Privacy Policy and Cookie Policy which are also available in the App. You will confirm your agreement to these Terms of Use by clicking “Accept and continue” below.

These Terms of Use apply in addition to the terms and conditions that you agreed to when you opened your credit card account with us (the “Credit Card Terms”) and the Online Card Services, Mobile Card Services and Mobile Text Services Terms and Conditions of Use (the “Online Terms”), both of which remain in full force and effect. If there is any conflict or inconsistency between the Credit Card Terms, the Online Terms and these Terms of Use, the Credit Card Terms will prevail but to the extent only of such conflict of inconsistency.

 

1. Eligibility criteria

1.1 You can only access and use the App if you are a main cardholder or an authorised user and you have registered to use your account online pursuant to the Online Terms and have a username and password for such purpose. You will need your username and password to sign up for the App.

1.2 You are responsible for making all arrangements necessary to ensure that you have access to the App.

 

2. Use of the App

2.1 We hereby grant you a non-transferable, non-exclusive and revocable licence to use the App on your device commencing when you accept these Terms of Use and continuing until terminated in accordance with condition 9. You acknowledge and agree that (i) these Terms of Use apply to the App including any updates or supplements to the App unless such updates or supplements come with separate terms, in which case those terms will apply; (ii) from time to time updates to the App may be issued through the app store provider. Depending on the update, you may not be able to use the App until you have downloaded the latest version of the App and accepted any new terms; and (iii) the App specifications may be changed without prior notice but we will try to notify you in advance if such changes will adversely affect the scope or functionality of the App.

2.2 The App allows you to view your account balance(s) and recent transaction history, make debit card payments to your credit card account that you hold with us and receive such other services as we may provide to you from time to time, together, the “Services”.

2.3 The App will only be supported by us in English.

2.4 You must only use the App to access the Services. You must not (i) use the App in any illegal manner or in any manner inconsistent with these Terms of Use or act fraudulently or maliciously (which includes without limitation hacking into or inserting malicious code, viruses or harmful data into the App or any operating system); (ii) use the App in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users or carry out any activity which damages our reputation; (iii) collect or harvest any information or data from the App or our systems or attempt to read any messages or information not meant for you; or (iv) take any activity which infringes upon our, or any third party’s, intellectual property rights in relation to the App.

2.5 You acknowledge and agree that all intellectual property rights in the App, its content anywhere in the World belong to us and that rights in the App are licensed to you (rather than sold), and that you have no rights in, or to, the App or its content other than the right to use the App in accordance with these Terms of Use. You acknowledge and agree that you have no right to have access to the App in source-code form.

2.6 The App uses third party and open source software which is subject to separate licence terms which apply to you in addition to these Terms of Use.

 

3. Restrictions

Except as permitted by applicable law, you agree (i) not to copy or reproduce in any way the whole or any part of the App or disassemble, decompile, attempt to derive the source code or reverse-engineer the App; (ii) not to rent, lease, sub-license, loan (or otherwise distribute), translate, merge, adapt, sell, vary, reproduce, create derivative works, exploit, publish or modify the App; (iii) not to make alterations to, or modifications of, the whole or any part of the App, or permit the App or any part of it to be combined with, or become incorporated in, any other programs; (iv) not to remove or tamper with any copyright notice attached to or contained within the App; or (v) not to use the App to violate, tamper with or circumvent the security of any computer network, software, passwords or otherwise engage in any illegal activity or enable others to do so.

 

4. Availability

4.1 We will make reasonable efforts to provide you with the App but we do not provide any guarantee, warranty, representation or undertaking (i) that the App will be compatible with all or any hardware or software which you may use, (ii) that the App will be available at all times and will operate uninterrupted and error free; or (iii) relating to the integrity, reliability, accuracy or functionality of the App.

4.2 You acknowledge and agree that the App may not be available for certain periods where we are performing maintenance or upgrades to our systems or the App (as appropriate). We will have no liability to you for any damage, loss or inconvenience caused by your inability to use the App during any period when it is not available.

4.3 You acknowledge and agree that the App is provided “as is”.

 

5. Security

5.1 You must (i) take all reasonable steps to keep all PINs, passwords, passcodes, login details, identification information and other security details (together, “Security Details”) safe and not disclose your Security Details to any other person or record your Security Details in such a way that they could become known to another person; (ii) not leave the device from which you have accessed the App or let anyone else use the device once you have logged in until you have logged off and log out of the App as soon as you have finished using it (rather than leaving the App running in the background still logged in); (iii) follow all security measures recommended by the manufacturer of the device you use to access the App; (iv) not install or use the App on a device that has been “jail-broken” or rooted; and (v) follow any other reasonable security requirements that we implement in the future.

5.2 If you suspect that another person knows your Security Details you must tell us immediately by calling the contact number on the reverse of your credit card.

5.3 Your device’s security is your responsibility. You acknowledge that it is your responsibility to delete the App from your device before you change or dispose of your device.

 

6. Charges

6.1 We will not charge you to download or use the App but you acknowledge and agree that you may be charged by your mobile phone network operator or telecommunications provider in connection with your use of the App.

 

7. Your data

7.1 Our Privacy Policy and Cookie Policy, available in the App, describe how we will use your information and will apply to any data collected by the App.

7.2 You will be asked if you consent to our use of your location data when you download the App or the first time you use the App. This information is used as part of our security checks. You can manage how the App accesses your device or information (including location data) using privacy settings on your device or by uninstalling the App.

 

8. Changes to these Terms of Use and/or the Services

8.1 We may change the Services available through the App from time to time.

8.2 We may make changes to these Terms of Use at any time. Some of the reasons which may mean we want to change these Terms of Use include without limitation (i) where required by law, regulation, industry standards or similar external factors or to respond to a change in industry guidance or code of practice; (ii) where we wish to respond to the making of a relevant recommendation, requirement or decision of any court, ombudsman, regulator or similar body; (iii) where we wish to respond to changes in our systems and procedures; (iv) where we wish to respond to the consequences of any event beyond our control which may impact on the provision of the App or the Services; (v) where there is a change in the cost of us of providing the Services; or (vi) where the change is favourable to you or to improve the services we provide.

8.3 If we change these Terms of Use we will give you at least 30 days’ advance notice of the change if such change is to your disadvantage unless we are required to make the change sooner to comply with law or regulation. We may provide such notice by email, text, telephone, post or by posting a message (including without limitation a banner message) on the App.

 

9. Suspension and termination

9.1 We may suspend, withdraw or restrict your use of the App or any part of it on reasonable grounds relating to (i) the security of the App; (ii) the suspected unauthorised or fraudulent use of the App; (iii) a significantly increased risk that you will be unable to meet any financial commitments you owe to us under any agreement; or (iv) if the App is withdrawn or we stop supporting the App on your device or operating system.

9.2 We will usually notify you before suspending, withdrawing or restricting your use of the App and provide you with our reasons for doing so. If we are unable to contact you before suspending, withdrawing or restricting your use of the App, we will do so immediately afterwards. We will not notify you in accordance with this term if doing so would compromise our reasonable security measures or be otherwise unlawful.

9.3 We may terminate these Terms of Use and your use of the App immediately at any time if (i) you fail to comply with any term or condition of these Terms of Use; (ii) you provide us with false or misleading information relating to your use of the App; (iii) you attempt to defraud us or act dishonestly; or (iv) we are required to do so by applicable law or regulation.

9.4 These Terms of Use and your use of the App will terminate automatically if your Credit Card Terms or Online Terms terminate.

9.5 You can terminate these Terms of Use at any time for any reason by uninstalling the App from your device. We can terminate these Terms of Use and your use of the App at any time on providing you with 30 days’ advance notice.

9.6 All rights granted to you in respect of the App shall immediately cease on termination of these Terms of Use.

 

10. General

10.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms of Use that is caused by abnormal or unforeseeable circumstances beyond our control, the consequences of which would have been unavoidable despite all efforts to the contrary (“Event Outside Our Control”) including without limitation a failure of public or private telecommunications network. If an Event Outside Our Control takes place that affects the performance of our obligations under these Terms of Use our obligations under these Terms of Use will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control.

10.2 We may contact you about the App or the Services or provide any notice required under these Terms of Use by email, text, telephone, post or by posting a message on the App.

10.3 You can contact us by calling the contact number on the reverse of your credit card or writing to us at MBNA Limited P.O. Box 1004, Chester Business Park, Chester CH4 9WW.

10.4 You will not be entitled to assign, transfer, charge, hold on trust for any person or deal in any other manner with any of your rights or, where appropriate, obligations under these Terms of Use.

10.5 If we fail to insist that you perform any of your obligations under these Terms of Use, or we do not enforce our rights against you, or we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.

10.6 Each of the terms of these Terms of Use operates separately. If any court or competent authority decides that any of the terms are unlawful or unenforceable, the unlawful or unenforceable term shall be deemed to be severed from these Terms of Use and the remaining terms will remain in full force and effect.

10.7 These Terms of Use are governed by the laws of England and Wales and the English courts have exclusive jurisdiction to settle any dispute which may arise out of, or in connection with these Terms of Use. The language of these Terms of Use is English and all communications will be sent to you in English.

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