Terms and Conditions
These terms and conditions (“Terms”) (together with the documents referred to in them) relate to the provision by MoBank to you of certain goods and services and govern your use of them. These Terms are important and should be read carefully because they are legally binding and enforceable. By clicking on the ‘I Accept’ button at the bottom of these Terms or using the Website (as defined below) you agree to be legally bound by these Terms. If you do not wish to be bound by these Terms then you must not use the Website. You should print a copy of these terms and conditions for your future reference.
These Terms are split into two parts. The General Terms apply to all of the services provided by MoBank. The Specific Terms relate only to certain services and are in addition to and prevail over the General Terms if there are any inconsistencies between them.
Certain words in these Terms have specific meanings and we have explained these in the Glossary at the end of these Terms.
GENERAL TERMS
INFORMATION ABOUT US
The Website is a site operated by MoBank Limited. We are registered in England and Wales under company number 06032042 and with our registered office and trading address is at 113 High Street, Odiham, Hook, Hants, RG29 1LA. Our VAT number is 906 5775 02. Our customer services email is enlightenme@mobank.co.uk
MOBANK IS NOT A BANK AND IS NOT REGULATED BY THE FINANCIAL SERVICES AUTHORITY BUT DOES FACILITATE SERVICES PROVIDED BY REGULATED PROVIDERS OF BANKING SERVICES.
SERVICE AVAILABILITY
Our Website is only intended for use by people resident in the Territories and we do not supply Services to individuals outside those countries.
REGISTRATION
In order to use the Services you must register with us by completing the online registration form on the Website.
In the event that you are required to provide information to us in the course of registration, you shall ensure that all of the information you provide is accurate and you agree to notify us in the event that such information becomes inaccurate for any reason.
Applicants may be subject to certain minimum requirements which are set out on the Website. The registration of all applications are subject to verification by us and we reserve the right to reject an application in our reasonable discretion.
You must be at least 13 years of age to use the Website and Services and if you are under 18 a parent or guardian must complete your registration and supervise your use.
OUR SERVICES
We shall provide the Services to you with reasonable skill and care, within a reasonable period of time and substantially as described in this Agreement.
Terms relating to payment for specific Paid Services are set out in the Specific Terms. The price for any Paid Services is the price at the time of the order. We may change the price of any Paid Service before you place an order. We try to ensure that the prices displayed on the Website are accurate but the price on your order will need to be validated by us as part of our acceptance procedure. We will inform you if the price for any Paid Service is higher than that stated in your order and you may cancel the order or choose to order the Paid Service at the correct price. If a pricing error is obvious and unmistakable and could reasonably have been recognised by you as a mis-pricing, we have no obligation to provide the Paid Services to you at the incorrect price, even after we have confirmed the order.
All prices for Paid Services are inclusive of VAT and applicable taxes and are subject to confirmation by us.
To order Paid Services you need to follow the ordering process set out in the order page or email which contains details of prices, payment and instructions for such Paid Services.
You undertake that all the details you provide to us for purchasing the Paid Service which may be offered by us will be correct.
If you have any complaints about the Paid Services then you should direct them to us via email at enlightenme@mobank.co.uk or by post to our registered office.
We reserve the right to make changes or corrections, alter, suspend or discontinue any aspect of the Services or the Website or any related content or your access to the same. Any modifications or additions to the Services or the Website shall be subject to these Terms.
HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
If you order any Free Services or Paid Services, you will receive an email from us acknowledging that we have received your order and confirming the relevant details of your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us for the supply of the Services and is subject to acceptance by us. If your order is accepted, we will confirm acceptance to you by sending you an email to the email address you provided to us during registration. The contract between us in relation to the ordered Services will only be formed when we send you email confirmation and will only relate to the Services specified in the confirmation email.
The order will then be fulfilled by the date set out in the confirmation or if no such date is set out then within 30 days.
THIRD PARTY SERVICES
In some cases we accept orders as agents on behalf of third party sellers. The resulting legal contract is between you and that third party seller, and is subject to the terms and conditions of that third party seller, which they will advise you of directly. You should carefully review their terms and conditions applicable to the transaction.
The Services may include Third Party Content which may be subject to separate licenses from the relevant third party. Please note that although we publish Third Party Content in good faith, we do not control or endorse Third Party Content.
We cannot give any undertaking that products and/or services which you purchase from third party sellers though our Website, or from companies to whose websites we have provided a link from our Website will be of satisfactory quality and any such warranties are disclaimed by us absolutely. Our disclaimer does not affect your statutory rights against the third party seller.
We will always notify you when a third party is involved in a transaction and we may disclose your customer information related to that transaction to the third party seller.
FEES
When you register to use the Service we will ask you to pay the Licence Fee or the Transaction Fees which is your payment in respect of your use of our Software in accordance with the licence set out under the heading ‘Intellectual Property Rights’ and which is in addition to other fees in respect of Paid Services.
We will clearly explain to you at the time of registration the amount of the Licence Fee and Transaction Fees.
If you opt to pay the Licence Fee, we shall waive your Transaction Fees for your use of the Software on your mobile handset. If you decide not to pay the Licence Fee then Transaction Fees shall be levied on all Transactions made by you through the Service.
USE OF THE SERVICES
You warrant that you shall not use the Services for commercial purposes or for any purpose that is contrary to these Terms or to the AUP
DISCLAIMERS
Our warranties in relation to the Services and the Software are set out in full in the first paragraph under the heading ‘Our Services’. We do not make any other promises or warranties about the Services.
LIMITATION OF LIABILITY
We will accept all liability if something we do involves fraud or causes death or personal injury where we have been negligent.
We are responsible for losses you suffer as a result of us breaking this Agreement if the losses are a direct and foreseeable consequence of us breaking the Agreement provided that our liability is limited to the amounts which you have paid to us in the 12 month period preceding the date of our breach. Losses are foreseeable where they could be contemplated by you and us at the time you enter this Agreement. We are not responsible for indirect losses which happen as a side effect of the main loss or damage and which are not foreseeable by you and us. By way of example, we cannot foresee that any breach by us will cause you (a) loss of income or revenue; (b) loss of business; (c) loss of profits; or (d) loss of anticipated savings.
We check our systems using up-to-date commercial antivirus software but these do not always detect and remove all viruses. No software (including ours) is error-free and it is possible that use of the Software could unintentionally lead to the loss or corruption of your data. We cannot know or estimate the value to you of the data you hold on the your mobile and you are best able to assess and manage the risks of data loss and corruption having regard to your data and you can easily eliminate these risks by performing regular backups of your data. You agree that it is reasonable for you to assume the entire risk in relation to data loss and corruption.
Where you buy any goods or services from a third party seller through our Website, the seller’s individual liability will be set out in the seller’s terms and conditions.
INTELLECTUAL PROPERTY RIGHTS
All Intellectual Property Rights in and to the Services including the design, text, graphics and other content, interfaces and the selection and arrangement of the content, software (including the Software) and all other material comprising the Services belongs to us or our licensors. All rights are reserved.
We grant you a non-exclusive, royalty-free personal licence (with no right to sub-licence) to download a copy of the Software on your personal computer and use the Software to access the Services. You are also permitted to download the Software onto a single mobile handset. The Software is not transferrable between mobile handsets.
We permit you to access and use the Services through the Internet for your personal, private and non-commercial use.
The licences we grant to you in this Agreement allow you to use the Software for the duration of the Agreement between you and us. If the Agreement terminates for any reason the licences will also terminate.
Except to the extent and in the circumstances expressly required to be permitted by us by law, you shall not modify, adapt, translate, copy, reproduce, republish, upload, post, transmit or distribute by any means or in any manner any material or information comprising the Services, the Website or the Software including but not limited to text, graphics, video, messages, code and/or software without our prior written consent, except where expressly permitted to do so.
SECURITY
You are solely responsible for protecting the confidentiality of your Security Data which may be given to you in order for you to use the Services.
You must not share Security Data with or transfer Security Data to any third party without our express consent.
You must immediately notify us if you know or suspect any unauthorised use of your Security Data or other breach of security relating to the Services.
Our Software may provide you with the facility to store key Security Data (your CVV number and 3D secure password) on your mobile phone in an encrypted form to make transactions easier for you to complete. It is not possible for anyone to access this key Security Data without your PIN but this depends on you keeping your PIN and Security Data secret. Please note that MoBank does not hold this key Security Data and cannot provide you with a copy if your phone is lost, stolen or damaged.
We and our suppliers have endeavoured to maximise the security of all aspects of the Service, however, as a medium the Internet is not a secure environment and the security of any software or service accessing, using or communicating over the Internet cannot be guaranteed. You acknowledge and agree that it is your responsibility to make an assessment of the security risks having regard to the benefit and low cost of the Software and Services. By using the Software and Services you are deemed to have considered and accepted the risks involved.
DATA PROTECTION
You acknowledge that in order for us to provide the Services to you, we must collect certain personal data from you and process that data. Our collection and use of your personal data is governed by our Privacy Policy.
PLEASE READ THE PRIVACY POLICY AS IT CONTAINS IMPORTANT DETAILS ABOUT HOW WE COLLECT AND USE YOUR PERSONAL DATA.
You expressly consent to our use of your personal data for the purposes set out in the Privacy Policy.
TERMINATION
We may end this Agreement or suspend your access to the Services straight away if you commit a material breach of any of term of this Agreement or if we find that any proceedings have been commenced against you for bankruptcy or if you are otherwise unable to pay your debts. We may also end this Agreement by giving you at least 6 months prior written notice.
You can end this Agreement at any time on giving us 7 days prior notice.
You have the rights to cancel this Agreement within 7 working days after we make the Software available to you for downloading and receive a full refund of the Licence Fee paid provided you have not downloaded and used the Software. If you terminate this Agreement after this cancellation period or if you have downloaded and used the Software then provided we had made the Software available to you and were not in breach of our obligation to provide you the Services, the Licence Fee will not be refundable. Please note that your cancellation rights end when you download the Software. Individual Transaction Fees may be refunded where the Transaction is cancelled.
All disclaimers, indemnities and exclusions in these Terms shall survive termination of the agreement between us for any reason.
GENERAL
If we fail to enforce a right under this agreement, that failure will not prevent us from enforcing other rights, or the same type of right on a later occasion.
We are not responsible for any event which is outside our reasonable control.
This Agreement constitutes the whole agreement between you and us in relation to the subject matter and supersedes any and all prior agreements between you and us. We intend to rely exclusively on the written terms in this Agreement and to protect your own interests you should read the terms in this Agreement carefully. If you are uncertain as to your rights under them or you want an explanation about them please contact our customer queries department at enlightenme@mobank.co.uk
We may modify this Agreement from time to time and post the new version on the Website, following which all use of the Website and the Services shall be governed by the amended Agreement. If we do modify this Agreement you may end this Agreement and our amendments to the Agreement shall not apply to you provided you immediately notify us of your decision and cease using the Services from that time.
You must not transfer this Agreement, as it is personal to you, without our prior written authority which will not be refused without good reason. We may assign, transfer or subcontract any of our rights or obligations under this Agreement at any time during its term provided that the standard of service and your rights in relation to the Services are not materially affected to your detriment.
Unless we state otherwise in the Specific Terms, no term of this Agreement is enforceable pursuant to the Contracts (Rights of Third Parties) Act 1999 by any person who is not a party to it.
All notices shall be given: (a) to us via email at enlightenme@mobank.co.uk or by post to our registered address as set out above; or (b) to you at either the email or postal address you provide during the registration process; or (c) (where we notify our users generally), by notice or posting on the Website. Notice will be deemed received when an email is received in full (or else on the next business day if it is received on a weekend or public holiday in the place of receipt) or 3 days after the date of posting.
English law will apply to the Agreement and the relevant courts of the United Kingdom will have exclusive jurisdiction in relation to this Agreement.
This Agreement replaces all other terms and conditions previously applicable to the use of the Website and the Services.
SPECIFIC TERMS
SMS
We may provide you with certain services relating to SMS text messaging. These may include notifications sent to your mobile at your request and our provision of services following our receipt of premium rate messages from you.
The SMS Service is governed by this Agreement and any further provisions which we may provide on the Website or by email to you and by sending an SMS text to the Short Code (defined below) we provide, you agree to be bound by the same.
The SMS Service is a Paid Service. Full details of the SMS Service, including the price for the SMS Service and instructions on how to use the SMS Service can be found on an email we will send to you.
You acknowledge and agree that any Short Codes provided by us for the SMS Service shall belong to the relevant telecommunications operator.
We do not guarantee the receipt by the intended recipient(s) of any message sent using the Service.
We may suspend all or part of the SMS Service at any time in our reasonable discretion including in any of the following circumstances:
- where our Supplier suspends their supply to us of the technology platform and related services which we require in order to provide the SMS Service to you;
- where you are in breach of these Terms; or
- where a Network Operator or a regulator requires it.
You acknowledge that your use of the SMS Service requires that we disclose to our Supplier certain data which relates to you. Our collection and use of your personal data is set out in our Privacy Policy.
If you have any queries relating to the SMS Service during the Trial Period you may send us an email at enlightenme@mobank.co.uk.
When you use the SMS Service, your Network Operator (to whom you send the premium rate text) will collect all charges relating to such texts. It is your responsibility to may such payments to your Network Operator in accordance with their terms of payment.
You agree that the records of such Network Operator relating to premium rate messages sent by you via the Network Operator are conclusive. In the event that you dispute these records or any charges for such messages then you agree that you shall resolve such disputes with your Network Operator.
You shall only use the SMS Service in accordance with this Agreement. You further agree to comply with our reasonable directions and instructions relating to the SMS Service which we may from time to time issue to you.
You shall ensure that the registration details and other information which you submit to us are accurate and complete.
If we terminate the SMS Service where you are not in breach of this Agreement where you are unable to access Paid Services which you have paid for then we shall refund you the Fees for such Paid Services on a pro rate basis.
Click to call within application:
Should you use the click to call service within the MoBank application any 0871 numbers will be charged at 10p per minute plus network extras.
MOBANK MONEY
We are obliged by our business partner Yodlee Inc. to include the following terms which relate specifically to the use of the MoBank Money Service. All references to ‘Service’ under the heading ‘MoBank Money’ shall be to the MoBank Money service only.
Provide Accurate Information. You agree to provide true, accurate, current and complete information about yourself and your accounts maintained at other web sites and you agree to not misrepresent your identity or your account information. You agree to keep your account information up to date and accurate.
Proprietary Rights. You are permitted to use content delivered to you through the Service only on the Service. You may not copy, reproduce, distribute, or create derivative works from this content. Further, you agree not to reverse engineer or reverse compile any of the Service technology, including but not limited to, any Java applets and other software associated with the Service.
Content You Provide. You are licensing to us and our service provider Yodlee, Inc. (Yodlee), the right to use any information, data, passwords, materials or other content (Content) you provide through or to the Service. We and Yodlee may use, modify, display, distribute and create new material using such Content to provide the Service to you. By submitting Content, you automatically agree, or promise that the owner of such Content has expressly agreed that, without any particular time limit, and without the payment of any fees, we and Yodlee may use the Content for the purposes set out above. Yodlee does not own your confidential account information.
Third Party Accounts. By using the service, you acknowledge and agree that the Service involves the provision of software to you by us and/or Yodlee which you may use to access third party sites designated by you, to retrieve information requested by you, and to register for accounts requested by you. Although we and/or Yodlee may host all or part of the software which you may access and use for such purpose, you acknowledge and agree that you control the use of the software to access your account data. You understand that it is your responsibility to ensure that you only use the Service in relation to accounts which you are permitted to access. You understand and agree that the Service is not endorsed or sponsored by any third party account providers accessible through the Service.
You agree that Yodlee is a third party beneficiary of the above provisions, with all rights to enforce such provisions as if Yodlee were a party to this Agreement.
Reliance on the Service. The information you collect from your account providers using the MoBank Money Service may not always be accurate or up-to-date. This may be due to a delay between the time you request the information from your account provider and the time which you retrieve that information using the Software or due to other factors. If you intend to rely on information relating to your accounts you should always check your statements provided by your account providers to ensure the information you rely on is accurate.
Liability for Inaccurate Data. We cannot know or estimate how you will rely on financial information relating to your accounts. We have explained that the information provided through the Service may not always be correct and it is not possible for us to verify the accuracy of such information. You can easily and at little or no cost eliminate any risk to you of relying on incorrect information by first checking your financial statements provided by your account providers. You agree that it is reasonable for you to assume risk in relation to the accuracy of information and accordingly we do not accept liability for the consequences of your reliance on information you retrieve using the Service.
WITHOUT LIMITING THE ABOVE, YOU ACKNOWLEDGE AND AGREE THAT THE MOBANK MONEY SERVICE INVOLVES OUR PROVISION OF SOFTWARE TO YOU WHICH YOU USE TO ACCESS AND RETRIEVE DATA WITH YOUR BANK AND OTHER PROVIDERS WITH WHOM YOU HAVE ACCOUNTS THROUGH THE USE OF SOFTWARE AGENTS WHICH YOU CONTROL USING THE SOFTWARE. YOU UNDERSTAND THAT IT IS YOUR RESPONSIBILITY TO ENSURE THAT YOU ONLY USE THE SERVICE IN RELATION TO ACCOUNTS WHICH YOU ARE PERMITTED TO ACCESS.
MOBANK CONVENIENT TRANSACTIONS
The obligations on us and on you in the MOBANK MONEY Section under the headings ‘Provide Accurate Information‘, ‘Proprietary Rights’, ‘Content You Provide’, ‘Third Party Accounts’, ‘Reliance on the Service’ and ‘Liability for Inaccurate Data’ shall also apply to the MoBank Convenient Transactions Service (which covers all the e-commerce†retail services within the MoBank Service) and are deemed to be repeated in this Section provided that Yodlee is not involved in providing the MoBank Convenient Transactions Service and references to Yodlee shall be omitted from this Section and further provided that references to “Services” in this Section shall be to the MoBank Convenient Transactions Service.
The Service does not reduce your obligation to carefully check statements provided to you by your banks and other account providers however we will provide all reasonable assistance to correct any error as soon as possible after you inform us of the error. If you have reason to believe that a transaction is incorrect in any way you should notify us as soon as possible.
WITHOUT LIMITING THE ABOVE, YOU ACKNOWLEDGE AND AGREE THAT THE MOBANK CONVENIENT TRANSACTIONS SERVICE INVOLVES OUR PROVISION OF SOFTWARE TO YOU WHICH YOU USE TO ACCESS, RETRIEVE AND MODIFY DATA WITH YOUR BANK AND OTHER PROVIDERS WITH WHOM YOU HAVE ACCOUNTS THROUGH THE USE OF SOFTWARE AGENTS WHICH YOU CONTROL USING THE SOFTWARE. YOU UNDERSTAND THAT IT IS YOU RESPONSIBILITY TO ENSURE THAT YOU ONLY USE THE SERVICE IN RELATION TO ACCOUNTS WHICH YOU ARE PERMITTED TO ACCESS.
IPHONE USERS
We are obliged by Apple Inc. (Apple) to include the following terms which relate specifically to the use of the Software on Apple iPhones and iPod touch devices.
- Acknowledgement: This Agreement is concluded between you and us, and not with Apple, and we, not Apple, are solely responsible for the Software and the content thereof. If the usage rules for the Software are less restrictive than the Usage Rules set forth for Licensed Applications in, or otherwise be in conflict with, the current Apple App Store Terms of Service, the more restrictive Usage Rules in the App Store Terms of Service shall apply.
- Scope of License: The license granted to you for the Software is limited to a non-transferable license to use the Software on any iPhone or iPod touch that you own or control and as permitted by the Usage Rules set forth in the App Store Terms of Service.
- Maintenance and Support: You acknowledge that we, and not Apple, are responsible for providing any maintenance and support services with respect to the Software, to the extent expressed in this Agreement, or as required under applicable law. You and we acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Software.
- Warranty: We are solely responsible for any product warranties, whether express or implied by law, to the extent we have not expressly disclaimed these in this Agreement. In the event of any failure of the Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Software to you provided that, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Software, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be our sole responsibility as expressed in this Agreement.
- Product Claims: We, not Apple, are responsible for addressing any claims you or any third party may have relating to the Software or your possession and/or use of the Software, including, but not limited to: (i) product liability claims; (ii) any claim that the Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. We do not limit our liability to you beyond what is permitted by applicable law.
- Intellectual Property Rights: You and we acknowledge that, in the event of any third party claim that the Software or your possession and use of the Software infringes that third party’s intellectual property rights, we, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
- Legal Compliance: You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
- Developer Name and Address: Our name, address and our contact information (telephone number; E-mail address) to which your questions, complaints or claims with respect to the Software should be directed are set out at the start of the General terms.
- Third Party Beneficiary: You and we acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of the terms of this Agreement under the heading ‘IPHONE USERS’, and that, upon your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce such terms against you as a third party beneficiary thereof.
PALM PRE USERS
We are obliged by Palm Inc. (Palm) to include the following terms which relate specifically to the use of the Software on Palm Pre devices.
- Acknowledgement: This Agreement is concluded between you and us, and not with Palm, and we, not Palm, are solely responsible for the Software and the content thereof. If the usage rules for the Software are less restrictive than the Usage Rules set forth for Licensed Applications in, or otherwise be in conflict with, the current Palm App Catalog Terms of Service, the more restrictive Usage Rules in the App Catalog Terms of Service shall apply.
- Scope of License: The license granted to you for the Software is limited to a non-transferable license to use the Software on any Palm Pre that you own or control and as permitted by the Usage Rules set forth in the App Catalog Terms of Service.
- Maintenance and Support: You acknowledge that we, and not Palm, are responsible for providing any maintenance and support services with respect to the Software, to the extent expressed in this Agreement, or as required under applicable law. You and we acknowledge that Palm has no obligation whatsoever to furnish any maintenance and support services with respect to the Software.
- Warranty: We are solely responsible for any product warranties, whether express or implied by law, to the extent we have not expressly disclaimed these in this Agreement. In the event of any failure of the Software to conform to any applicable warranty, you may notify Palm, and Palm will refund the purchase price for the Software to you provided that, to the maximum extent permitted by applicable law, Palm will have no other warranty obligation whatsoever with respect to the Software, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be our sole responsibility as expressed in this Agreement.
- Product Claims: We, not Palm, are responsible for addressing any claims you or any third party may have relating to the Software or your possession and/or use of the Software, including, but not limited to: (i) product liability claims; (ii) any claim that the Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. We do not limit our liability to you beyond what is permitted by applicable law.
- Intellectual Property Rights: You and we acknowledge that, in the event of any third party claim that the Software or your possession and use of the Software infringes that third party’s intellectual property rights, we, not Palm, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
- Legal Compliance: You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
- Developer Name and Address: Our name, address and our contact information (telephone number; E-mail address) to which your questions, complaints or claims with respect to the Software should be directed are set out at the start of the General terms.
- Third Party Beneficiary: You and we acknowledge and agree that Palm, and Palm’s subsidiaries, are third party beneficiaries of the terms of this Agreement under the heading ‘PALM PRE USERS’, and that, upon your acceptance of the terms and conditions of this Agreement, Palm will have the right (and will be deemed to have accepted the right) to enforce such terms against you as a third party beneficiary thereof.
GLOSSARY OF TERMS
Agreement – collectively, the Terms, the AUP, the Privacy Policy, order form and payment method instructions;
AUP - MoBank’s acceptable use policy which can be found on our Website at the following address www.mobank.co.uk/mobank/acceptable-use-policy/
End User, you, your – refers to you as the applicant for or end user of our Services;
Fee - an amount payable by you for the use of a Paid Service;
Free Services - those Services which you may use without the payment of a Fee being all Services (excluding the Software) which are not Paid Services;
Intellectual Property Rights - patents, trademarks, service marks, design rights (whether registrable or otherwise), applications for any of the foregoing, copyright, database rights, trade or business names and other similar rights or obligations whether registrable or not in any country (including but not limited to the United Kingdom);
Licence Fee - the single one-time licence fee payable in respect of your use of our Software;
MoBank, we, us - MoBank Limited, details of which are set out in the General Terms under the heading ‘Information About Us’;
Network Operator – the relevant telecommunications operator in respect of the SMS Service;
Paid Services - those Services which are provided to you for a Fee;
Privacy Policy - means the policy which governs our collection and use of your personal data which can be found on our website at the following address: www.mobank.co.uk/mobank/privacy-policy/ and is also available on written request at our registered address;
Security Data – collectively, your user name, email verification, password and PIN;
Services - any and all goods and services which we may make available for your use including the Free Services and the Paid Services;
Short Codes – numbers provided by us for use with the SMS Service;
SMS Service – the SMS services described in the paragraph under the heading ‘SMS’ in the Specific Terms;
Software - the software made available by MoBank in object code for you to download and use to access the Services;
Supplier – a third party supplier of services to us;
Territories – means the United Kingdom;
Third Party Content - any material, information, data or other content (including but not limited to games, maps, music, ringtones and newsfeeds) which is owned or licensed by a third party;
Transaction - any transaction made by you through the Services which involves a payment from you to a third party through the MoBank Service;
Transaction Fee - the per transaction fee levied by us in respect each transaction entered into by you using the Service; and
Website - our website at www.mobank.co.uk.