TERMS AND CONDITIONS FOR ACCESSING AND USING THE BTLB MOBILE BANKING APP
Please read these Terms and Conditions (“Terms”) carefully.
These Terms apply to your use of BTLB Mobile Banking App services. Banque Transatlantique’s General Banking Terms and Conditions – Personal Accounts, in addition to these Terms, also apply to your use of the BTLB Mobile Banking App services. These Terms do not apply to any other service offered by Banque Transatlantique, which are subject to separate terms and conditions which apply independently to these Terms.
These Terms may be amended or replaced by Banque Transatlantique by reasonable notice (which may include by publishing the amended or new Terms on the BTLB Mobile Banking App security section).
1. These Terms
- 1.1 In these Terms:
- “Banque Transatlantique” means Banque Transatlantique S.A. London Branch, Finsbury Circus House, 15 Finsbury Circus, London EC2M 7EB
- “We”, “us” (etc.) means Banque Transatlantique.
- “You” (etc.) means the Banque Transatlantique customer using the BTLB Mobile Banking App.
- “BTLB Mobile Banking App” means BTLB’s Mobile Banking App and the customer banking services provided by that App.
- “Licence” means your licence to use the App as set out in these Terms.
- “Banque Transatlantique” means Banque Transatlantique S.A. London Branch, Finsbury Circus House, 15 Finsbury Circus, London EC2M 7EB
2. About Banque Transatlantique
- 2.1 Banque Transatlantique S.A. London Branch is incorporated in France as a public limited company by shares (Société Anonyme) with its headquarters at 26, avenue Franklin D. Roosevelt, 75008 Paris, France and registered with the Paris registry of companies (Greffe Du Tribunal De Commerce De Paris) with registration number 302 695 937. The UK establishment address of the London branch of Banque Transatlantique S.A. London Branch is Finsbury Circus House, 15 Finsbury Circus, London, EC2M 7EB, United Kingdom.
- 2.2 Banque Transatlantique is authorised by Banque de France and subject to limited regulation by the Financial Conduct Authority and the Prudential Regulation Authority. Details about the extent of our regulation by the Financial Conduct Authority and the Prudential Regulation Authority are available from us on request.
3. Use of the BTLB Mobile Banking App
- 3.1 You may only access and use the BTLB Mobile Banking App subject to the terms and conditions set out in these Terms. By accessing or using the BTLB Mobile Banking App you confirm that you (and you will be deemed to) agree to these Terms.
- 3.2 You may only access the BTLB Mobile Banking App if you are aged 18 years or over.
- 3.3 When you register your mobile phone number with us we will send you your personal LuxTrust certificate details by text message to that phone number. You can download and use the BTLB Mobile Banking App on up to two mobile devices registered and linked to your personal LuxTrust certificate on the LuxTrust website (https://www.Luxtrust.lu/).
- 3.4 Only you may use your personal LuxTrust certificate or your registered mobile devices to access or use the App, and you must not allow any other person to do so.
- 3.5 You must let us know if you change your mobile phone number or email address. Failure to do so could result in your App access security details being compromised or access to your accounts by an unauthorised person, or cause delays in us contacting you, or us reinstating your App access if it is cancelled or suspended at any time.
- 3.6 If your mobile phone with your registered mobile phone number or any of your other registered mobile devices is lost or stolen you must connect to the LuxTrust website immediately to deregister the missing mobile device from your LuxTrust certificate.
If you suspect that anyone else knows your LuxTrust certificate or your App access security details you must connect to the LuxTrust website immediately to cancel your LuxTrust certificate.
If for any reason you are unable to deregister a missing mobile device or cancel your LuxTrust certificate, you must immediately notify your Banque Transatlantique relationship manager by email to enable us to cancel your certificate to prevent unauthorised access to your accounts.
Cancellation of your LuxTrust certificate will prevent the App being used on any of your registered mobile devices. We will issue you with a replacement personal certificate, to enable you to continue using the App.
Issuance of the new certificate is subject to payment by The Client of the applicable cost, as per BTLB’s Fee Schedule.
- 3.7 It is your responsibility to permanently delete the BTLB Mobile Banking App from any registered mobile device if you change, stop using, or dispose of it (in any way, including giving or lending it to anyone else).
- 3.8 The services that you can access via the BTLB Mobile Banking App, and the availability of the BTLB Mobile Banking App;
- may vary depending on the type of handset you are using:
- may depend on availability of network coverage, and on mobile or internet connection;
- may be interrupted or suspended, in part or full, at any time, including (without limitation) for maintenance and upgrades, and internet or other communications networks service outages.
- 3.9 The BTLB Mobile Banking App is provided by Banque Transatlantique free of charge, and on an “as is” and “as available” basis (you may however, be charged by your own mobile network provider for accessing the BTLB Mobile Banking App). Banque Transatlantique may block, cancel or suspend the BTLB Mobile Banking App service at any time at its absolute discretion. We give no representation, guarantee or warranty of any kind as to the availability or functionality the BTLB Mobile Banking App. Banque Transatlantique shall not be liable to you or to any other person for any failure to provide the BTLB Mobile Banking App, in part or full, for any reason or for any failure or inability to access the App or use the App services at any time.
- 3.10 It is your responsibility to ensure that all instructions given using your BTLB Mobile Banking App are correct. It will not be possible to cancel or correct instructions after they have been given. Transaction instructions given using your BTLB Mobile Banking App are processed automatically without review by us. Banque Transatlantique may not execute a transaction or may delay in doing so to comply with (or to verify compliance with) its own policies to safeguard against fraud, breach of these Terms (or any other applicable terms and conditions for the services it provides) or with any applicable law or regulation.
- 3.11 Banque Transatlantique shall have no liability to you (or to any other person) for any failure to execute, or delay in executing, any instructions given by you using your BTLB Mobile Banking App due to abnormal or not reasonably foreseeable circumstances or circumstances beyond our reasonable control.
- 3.12 You may only use the BTLB Mobile Banking App for those services which Banque Transatlantique has agreed to provide to you, and subject to any other terms and conditions on which those services are provided by us.
- 4.1 You may use the BTLB Mobile Banking App to carry out permitted transactions in respect of your accounts. By using the BTLB Mobile Banking App you agree that you are responsible for all instructions and transactions carried out using your registered mobile devices, subject to the express provisions of these Terms, and that you are liable for the repayment of any debt that arises from using the BTLB Mobile Banking App.
- 4.2 Payment processing information including cut-off times related to internal, domestic and international payments completed either via your banker or using your BTLB Mobile Banking App are available in our General Banking Terms and Conditions – Personal Accounts document easily accessible on our website www.banquetransatlantique.co.uk
- 5.1 You must take all reasonable precautions to prevent any person except you from accessing or using your BTLB Mobile Banking App. You must keep your personal LuxTrust certificate and security details secret, and not disclose them to any other person, or record them in a way that could result in them becoming known to any other person. You must make sure that information shown or stored on your registered mobile devices is kept secure, and cannot be accessed by any other person.
- 5.2 When you log on to your BTLB Mobile Banking App using your access security details you will be responsible for all instructions given via the BTLB Mobile Banking App (whether by you or by anyone else) between the time you enter your security details until you log out of your BTLB Mobile Banking App, including for any input errors you make, or for any instructions sent by someone else whilst your registered mobile device remains logged on. You must not leave your registered mobile device unattended whilst logged on to the BTLB Mobile Banking App.
- 5.3 Neither Banque Transatlantique nor any other person acting on our behalf will ever contact you to ask you to disclose your BTLB Mobile Banking App access security details. If anyone contacts you (whether by email, telephone, or in any other way) asking you for your BTLB Mobile Banking App access security details, or you to access a website to confirm or update your BTLB Mobile Banking App the request is likely to be fraudulent, and you must not give your BTLB Mobile Banking App access security details or enter them into any website in any circumstances (even if the website appears to be a Banque Transatlantique website). You must only ever use the BTLB Mobile Banking App directly to access the services provided via your registered mobile or tablet devices.
- 5.4 Where an unauthorised transaction is carried out using your BTLB Mobile Banking App, but you show that you had taken all reasonable care to keep your security details secret, and had not disclose them or allowed them to become known to any other person, you will not be liable for that transaction provided you have not acted fraudulently or permitted or facilitated the transaction by acting without reasonable care or in breach of these Terms.
- 6.1 Banque Transatlantique may monitor your use of the BTLB Mobile Banking App (including location tracking), and may retain and disclose information and data obtained from your use of the App, including communications and locations data, to enable us to provide services to you or to improve generally the services we offer to customers, or to comply with any law, regulation, code or other obligation, or to verify that the App is being used only in accordance with these Terms. A copy of Banque Transatlantique’s data protection policy is available from your relationship manager on request.
- 7.1 You may cancel your BTLB Mobile Banking App access at any time, either by following the process explained within the BTLB Mobile Banking App (under “Deregister my BTLB Mobile Banking App”) or by request in writing by email to your relationship manager.
- 7.2 If you do not use your BTLB Mobile Banking App access for a period of 12 months, your access to BTLB Mobile Banking App may be automatically deactivated. However, it remains your responsibility to deregister from the BTLB Mobile Banking App, and to delete it from all your registered mobile devices, if you no longer wish to use it.
- 7.3 Banque Transatlantique may block, deactivate or suspend your BTLB Mobile Banking App services access if it is unable to contact you on your registered mobile phone number, or if we believe that your BTLB Mobile Banking App is, or may be, used for fraudulent or unauthorised purposes by any person, or used in a way inconsistent with any agreement between us and you or any terms and conditions (including these Terms) applying to any services provided by us to you. Where reasonably practicable, we will try and give you prior notice of deactivation of your BTLB Mobile Banking App (unless there is any legal reason why we should not do so). Where Banque Transatlantique blocks, deactivates or suspends your BTLB Mobile Banking App access, it will usually (on your request) explain the reasons, but shall have no obligation to do so.
8. App Limited Licence
- 8.1 If you are a Banque Transatlantique customer who is permitted to use the BTLB Mobile Banking App under the terms and conditions for banking services agreed by us to be provided to you, we hereby grant you a limited Licence to use the BTLB Mobile Banking App, including future updates, expressly subject to these Terms.
- 8.2 The Licence is personal to you, and is free of charge, non-assignable, non-transferable and non-exclusive, and may be terminated by us at any time in accordance with these Terms (without any requirement to give notice of termination). The Licence shall automatically terminate if we deactivate your BTLB Mobile Banking App services access, or if the BTLB Mobile Banking App is deleted from your registered mobile device (whether by you or by us), or where your mobile device is deregistered with us (whether by you or by us) as a permitted device for using the App.
- 8.3 You must only use the BTLB Mobile Banking App for the purpose for which it is made available, that is for permitted access to your Banque Transatlantique Bank accounts and to carry out permitted transactions.
- 8.4 You must not (and not attempt to) copy, or otherwise access, or to alter any of the code within the BTLB Mobile Banking App software.
- 8.5 All copyright and ancillary rights in the BTLB Mobile Banking App and its underlying software are the property of Banque Transatlantique. No right to use or to copy the BTLB Mobile Banking App and its underlying software is granted or permitted (except as expressly set out in these Terms).
- 8.6 Banque Transatlantique shall have no liability for any damage or loss of functionality to your mobile device caused by downloading or using or removing the BTLB Mobile Banking App software except if caused by Banque Transatlantique’s (or its contractors’) failure to use reasonable skill and care in the design of the software.
- 8.7 Banque Transatlantique shall have no liability for any delay or failure arising from events, circumstances or causes beyond our reasonable control, or for any abnormal or not reasonably foreseeable circumstances.
- 8.8 Nothing in these Terms limits Banque Transatlantique’s liability for death or personal injury arising from our negligence; fraudulent misrepresentation or misrepresentation as to a fundamental matter; or in a way prohibited under the Unfair Contracts Terms Act 1977 or the Consumer Rights Act 2015, or under any other relevant legislation or regulation, or in any other way in which our liability cannot be excluded or limited by law. Subject to this clause, our aggregate liability under these Terms and the Licence, and for or in respect of use of the BTLB Mobile Banking App will not under any circumstances exceed the sum of £50.
9. Law and jurisdiction
- 9.1 Your access to and use of the BTLB Mobile Banking App, and our relationship with you arising out of or in connection with your access to and use of the BTLB Mobile Banking App (whether in contract or otherwise) is governed exclusively by English law, and the English Courts shall have exclusive jurisdiction in respect of all such matters.