Rothschild & Co Digital Banking Terms and Conditions
Rothschild & Co Bank International Limited
February 2022
These Digital Banking Terms and Conditions (February 2022 edition) are in addition to and
supplemental to the Bank's applicable Terms and Conditions (the Standard Terms and Conditions) as
amended or superseded from time to time.
These Digital Banking Terms and Conditions will govern the use of the Digital Services described
herein. All Users must read and agree to the Digital Banking Terms and Conditions before using the
Digital Services.
Definitions
In these Digital Banking Terms and Conditions the following definitions shall apply:
Account(s):
all accounts held with the Bank and belonging to or operated
by the Account Holder and all transactions thereon and data
related to such transactions, covered by an Account
Application with the Bank
App or Mobile Banking App:
the mobile banking application (app) which is downloadable by
the User from the App Store onto the Mobile Device to avail of
Mobile Banking Services offered by the Bank
The Mobile Banking App also incorporates a tool that is used
for Authentication purposes for Internet Banking as well as
Mobile Banking
App Store:
is the mobile platform or store on which the Mobile Banking
App is published such as Apple Store (iOS), Google Play
(Android)
Authenticate or Authentication:
the method by which a User approves an Instruction or login to
the Internet Banking Service using the Biometrics and Device
Information of the Mobile Device
Banker's Automated Clearing Service or BACS:
a UK banking system used to make sterling only Account to
third party account payments, which are normally received two
Business Days after remittance
Biometrics:
a method of identification such as fingerprint or facial
recognition
Device Information:
information relating to the make and model, IP address, MAC
address, serial number, and geolocation data of the User's
Mobile Device
Digital Services:
services delivered by the Bank as part of the Internet Banking
Service and/or the Mobile Banking Service enabling the User
to, among other things, view balances, transactions and
statements on the Accounts, use the Payment Facility (if
applicable), the Secure Messaging Facility and the Transfer
Facility (if applicable)
Faster Payments Service or FPS:
a UK banking system used to make payments from a sterling
Account to an account held at another bank, which are
normally received on the day of remittance or the next
Business Day
Instructions:
a notification given by the Bank to the User, for example relating to a suspension of Internet Banking, Mobile Banking and/or the App or a change to these Digital Banking Terms and Conditions. Such notification will be given to the User by email to the email address set out in the Account Application, by telephone to the number set out in the Account Application or by sending notice by post to the address set out in the Account Application
International Payments:
any payments made using the Payment Facility which are not
made via FPS or BACS, i.e. payments made via SWIFT
Internet Banking or Internet Banking Service:
the electronic banking facility provided by the Bank via the
internet to the User to deliver the Digital Services
Mobile Banking or Mobile Banking Service:
the Digital Banking Services offered by the Bank to the User
via the Mobile App
Note that full functionality of the Mobile Banking app is only
available to Account Holders (or its Users) where the Bank is
authorised to act upon Instructions provided to it by any one of
the Account Holders
Mobile Device:
a compatible mobile telephone or tablet used by the User to
access the App
Notice:
a notification given by the Bank to the User, for example relating to a suspension of Internet Banking, Mobile Banking and/or the App or a change to these Digital Banking Terms and Conditions. Such notification will be given to the User by email to the email address set out in the Account Application, by telephone to the number set out in the Account Application or by sending notice by post to the address set out in the Account Application
Passcode:
a 6-digit number initially provided by the Bank to the User
which is changed by the User on first login to Internet Banking,
or Mobile Banking and on subsequent occasions as
determined by the User or as requested by the Bank
Payment Facility:
the facility within Internet Banking and the App which enables
the User to make UK Payments via FPS or BACS and
International Payments via SWIFT
Secure Messaging Facility:
the facility within Internet Banking and the App which enables
the User to communicate with the Bank
Short Message Service or SMS:
a text message sent by the Bank to the User's Mobile Device
for Authentication purposes or to confirm that an instruction
has been received by the Bank from the User
SWIFT:
a type of international payment transfer sent via the SWIFT
international payment network, which is normally received on
the day of remittance for sterling, US dollars and euro
payments and, for other currencies, within one to two Business
Days after remittance, depending on international time
differences (if applicable)
Transfer Facility:
the facility within Internet Banking and the App which enables
the User to transfer funds between Accounts held with the
Bank
UK Payments:
payments made using the Payments Facility via FPS or BACS
User:
an individual who is the Account Holder, or an individual
authorised by the Account Holder in the User's Internet
Banking Application Form to use Internet Banking Services
and Mobile Banking Services
User ID:
the username provided to the User for using with Internet
Banking Services and/or Mobile Banking Services subject to
these Digital Banking Terms and Conditions
Terms not otherwise defined herein shall bear the same meaning attributed to them in the Standard
Terms and Conditions. In the event of any inconsistency between these Digital Banking Terms and
Conditions and the Standard Terms and Conditions, these Digital Banking Terms and Conditions shall
prevail.
Words implying the singular shall, where appropriate, include the plural and vice versa; neuter
references include all genders. Reference to any statute shall include any modification, explanation,
re-enactment, consolidation, replacement and/or renewal thereof and any regulations made
thereunder.
Clause headings are included only for convenience and shall not affect the construction or
interpretation of these Digital Banking Terms and Conditions.
1. Security
1.1 The User must:
- 1.1.1 close Internet Banking and the App when not using them;
- 1.1.2 not let anyone else use Internet Banking or the App;
- 1.1.3 only use the App on a Mobile Device belonging to the User or under the User's
control;
- 1.1.4 not leave the computer or Mobile Device unattended while accessing Internet Banking
or the App and ensure that any information stored or displayed on the computer or
Mobile Device is kept secure;
- 1.1.5 not let anyone else see or use their Passcode or User ID, and must disguise or
protect the Passcode and User ID if they write them down or store them;
- 1.1.6 use a Mobile Device which has Biometrics to access the App and these Biometrics
must be enabled for use with the App;
- 1.1.7 immediately inform the Bank by contacting their account executive or by calling + 44
1481 705100 if:
- a) they believe that anyone else has had access to the Passcode or User ID or
Internet Banking or the App;
- b) they believe that Internet Banking or the App has been used without their
permission;
- c) they suspect that an incorrect or unauthorised payment has been made from an
Account; or
- d) the Mobile Device is lost or stolen.
- Following receipt of such notice, the Bank may take such action as it considers
appropriate to mitigate or prevent any unauthorised use, including suspending the
User's use of Internet Banking and/or the App. The User agrees to provide such
assistance, access and information to the Bank as it may reasonably require in
connection therewith, including implementing any reasonable security measures
recommended by the Bank. The User agrees that he shall not, nor attempt, to use
Internet Banking or the App again until he has received a Notice to do so by the Bank;
- 1.1.8 not allow any other person to register their Biometrics on the Mobile Device otherwise
that third party could log into the App and access the Accounts. Any transaction
authorised by Biometrics will be treated as being authorised by the User;
- 1.1.9 not install the App on a jail-broken or rooted Mobile Device as these devices have had
their security features changed in order to work which means that they are less
secure and that fraudsters or others could access the Mobile Device and get access
to the Accounts; and
- 1.1.10 delete the App from the Mobile Device if they change the Mobile Device or dispose of
it.
2. Use of Internet Banking and the App
- 2.1 To access Internet Banking or Mobile Banking the User will use a combination of the User ID,
Passcode and the App to Authenticate.
- 2.2 The User shall download and use the most recent version of the App available from the App
Store. The User will promptly download and install any updates of the App that become
available from time to time. Depending on what the update is, the User may not be able to use
the App until they have installed the latest version of the App. The Bank will inform the User
when there is a new version of the App to download.
- 2.3 The User is responsible for ensuring that their computer has the latest web browser available
in order to access Internet Banking and that their Mobile Device is capable of operating the
App. The Bank cannot guarantee that it will continue to support the web browser used by the
User's computer or the operating system used by the User's Mobile Device. The User should
update their Mobile Device to the latest operating system available for their Mobile Device at
the earliest opportunity.
- 2.4 The User acknowledges that by downloading the App, the Bank and/or its Associates will
have access to the Device Information. The User can manage how the App accesses the
Mobile Device or the Device Information using privacy settings on the Mobile Device, or by
uninstalling the app (for Android). If the User does not do this, the Bank assumes that the App
can access the Mobile Device or Device Information.
- 2.5 Following a three month period of inactivity, the Bank may block the User's access to Internet
Banking or the App in order to protect the Account information. If this happens, the User will
be required to contact the Bank to verify their identity in order to access Internet Banking
and/or the App. The Bank shall not however be liable for any losses arising or incurred by the
User as a result of a failure by the Bank to block the User's access to Internet Banking or the
App following such period of inactivity.
- 2.6 Any person who accesses Internet Banking and the App using the security procedure
prescribed by the Bank shall be deemed validly identified for the purpose of using Internet
Banking and Mobile Banking and, as such, shall be able to view the Accounts regardless of
the provisions contained in the Account Application. The Bank shall be under no obligation to
verify that any person who accesses Internet Banking using the User ID and Passcode, or
accesses the App or Mobile Banking using Biometrics is the User to whom that User ID has
been assigned and shall have no liability to the User for any unauthorised access using the
User ID, Passcode and/or Biometrics.
- 2.7 The User must only use the App for Mobile Banking Services and to Authenticate Internet
Banking Instructions, and for no other purpose.
- 2.8 If a power of attorney or third party mandate has been granted to a User in respect of any
Account and such power is revoked, its revocation shall not apply to the right to use Internet
Banking and or Mobile Banking, which must be terminated separately by the Account Holder
by written notice to the Bank.
- 2.9 The User is solely responsible for connecting to and maintaining their connectivity with
Internet Banking and the App at their own cost. For the avoidance of doubt, the computer,
Mobile Device, software (apart from the App) and networks required to use Internet Banking,
Mobile Banking and the App are not supplied by the Bank. Please refer to additional terms for
the App in paragraph 2.25 below.
- 2.10 The User acknowledges that use of Internet Banking, Mobile Banking and the App may utilise
open networks such as the internet and mobile telephone networks, over which the Bank has
no control and for which it accepts no responsibility. Any information that a User transmits, or
requests to be transmitted, using such open networks is done at the User's and Account
Holder's risk. The User must take appropriate technical precautions to avoid the risks inherent
in using the internet. Without prejudice to the generality of the foregoing, the Account Holder
is solely responsible for ensuring that any computer or Mobile Device used to access Internet
Banking, Mobile Banking and the App is free from, and adequately protected against
acquiring, any virus, spyware or other harmful code.
- 2.11 The User acknowledges that their internet or network service provider may charge them when using Internet Banking, Mobile Banking and/or the App and these charges may vary if the User uses their computer or Mobile Device to access Internet Banking, Mobile Banking or the App when abroad.
- 2.12 At times Internet Banking, Mobile Banking and/or the App may be unavailable for use due to
maintenance, repairs or upgrades. The Bank will endeavour to inform the User in advance of
any maintenance work but may not always be able to do so. The User should contact the
Bank if they cannot use Internet Banking or the App.
- 2.13 All intellectual property rights in or relating to Internet Banking, Mobile Banking and the App
and any material provided or otherwise made available to the Account Holder and/or any User
in connection with Internet Banking or the App shall remain the property of the Bank and its
licensors. Except as expressly provided in these Digital Banking Terms and Conditions, the
User shall not, nor cause or allow any other person to use, copy, transmit, display, distribute,
reverse engineer, adapt or establish any hyperlink to, provide access to, or commercially
exploit any part of the same.
- 2.14 The User must not use Internet Banking, Mobile Banking and/or the App in any way which
could damage Internet Banking or the App or stop it from working or affect the Bank's
systems or other users, e.g. by hacking into or inserting malicious code into Internet Banking,
the App or iOS, Android or other operating systems.
- 2.15 The User must not collect any information or data from the App or the Bank's systems or try to
read any message or information not meant for the User.
- 2.16 The User must not use Internet Banking, Mobile Banking or the App for any illegal activity.
- 2.17 The User must not make, or attempt to make, any income directly from using Internet Banking, Mobile Banking and/or the App.
- 2.18 The User accepts that he is not entitled to access data on Internet Banking, Mobile Banking and/or the App other than that in respect of the Accounts and that any attempt to access any data other than in respect of the Accounts will result in the Bank suspending all services it provides to the Account Holder and retaining the balance of any account held by the Account Holder with the Bank by way of security as a lien until any misuse has been fully investigated and any liability established.
- 2.19 The Account Holder also accepts that any attempt by the User to access any area within Internet Banking, Mobile Banking and/or the App other than data related to the Accounts may result in a prosecution under the Computer Misuse (Bailiwick of Guernsey) Law, 1991 or any enactment under this law or any similar or applicable legislation, rules or regulation in any relevant jurisdiction.
- 2.20 The Account Holder shall, to the extent permitted under applicable law and regulation from time to time, indemnify and keep indemnified the Bank on demand from and against all costs, claims, losses and expenses which may be suffered by it arising out of or in connection with any attempt whatsoever the User makes (even if unsuccessful) to access any area of Internet Banking, Mobile Banking and/or the App other than data related to the Accounts.
- 2.21 The User shall not give details of the Passcode or User ID to any other party without the prior written permission of the Bank. The User undertakes that in the event that he suspects or could reasonably be expected to suspect that any of the components of Internet Banking or the App (including without limitation the Passcode or User ID) have been compromised or disclosed to, or obtained by, another person or misused in any way he shall ensure that the Bank is informed immediately. Following receipt of such notice, the Bank may take such action as it considers appropriate to mitigate or prevent any unauthorised use, including suspending the User’s use of Internet Banking and/or the App. The Account Holder and any other User agrees to provide such assistance, access and information to the Bank as it may reasonably require in connection therewith, including implementing any reasonable security measures recommended by the Bank. The User agrees that he shall not, nor attempt, to use Internet Banking, Mobile Banking and/or the App again until notified in writing by the Bank.
- 2.22 The Account Holder authorises the Bank to provide statements and other information relating
to the Accounts to the User in electronic form using Internet Banking or the App.
- 2.22.1 For Internet Banking all Account statements from the date that the User registered for Internet Banking are available in Internet Banking and for Mobile Banking, the last four statements for each Account are available on the App.
- 2.22.2 The User can print or download statements from Internet Banking or the App but
should ensure that they do so securely.
- 2.22.3 The User should download copies of their statements for future reference before they
close their Account. The Bank reserves the right to charge for reprinted statements in
accordance with its standard charge scale should the User not download statements
prior to closing their account and then require statements in the future.
- 2.22.4 Should the User elect not to receive paper statements from the Bank, the User
accepts that electronic delivery of a statement of the Account via Internet Banking,
Mobile Banking and/or the App is the same as delivery of a paper statement and the
User's rights and obligations in this regard are set out in the Standard Terms and
Conditions.
- 2.23 Instructions given by the User using the Payment Facility, Transfer Facility or Secure
Messaging Facility, and transactions resulting therefrom shall be valid and electronic copies
of such Instructions and the transactions resulting therefrom shall constitute good and
sufficient evidence of the same and the Account Holder waives any right to object to such
evidence in any legal proceedings between the Bank and the Account Holder.
- 2.24 The Account Holder understands, acknowledges and agrees that in consideration of the Bank
agreeing to act on Instructions given in accordance with paragraph 2.23 above:
- 2.24.1 the Bank may refuse to act, without liability, upon Instructions where it doubts the
contents, authorisation or origination of Instructions and will promptly notify the
Account Holder or other relevant User of its decision.
- 2.24.2 The Bank shall be entitled to rely on Instructions given by the User, even if acting on
such Instructions would result in the following for any reason including, but not limited
to, the receipt of simultaneous or consecutive Instructions:
- a) an overdraft on any Account; or
- b) debits to any Account which in aggregate are in excess of the User's authorised
limit in the Account Application.
- 2.24.3 The Bank shall not be liable for any loss arising or incurred by the Account Holder as
a result of:
- a) acting in good faith in accordance with the variation to the Account Application
made by these Internet Banking Terms and Conditions; or
- b) the User being unable to provide the Bank with Instructions by reason, including
without limitation, of any failure of software or breakdown in communication.
- 2.24.4 The Account Holder shall, to the extent permitted under applicable law and regulation
from time to time, indemnify and keep indemnified the Bank on demand from and
against all costs, claims, losses and expenses which may be suffered or incurred by it
arising out of or in connection with services provided or acts or omissions taken or
made by it pursuant to or in accordance with the variation to the Account Application
made by these Digital Banking Terms and Conditions including in relation to
unauthorised Instructions given by the User which appear to the Bank to be genuine
(including all legal and other costs, charges and expenses which the Bank may incur
in relying upon any such Instruction or in enforcing or attempting to enforce any
agreement arising or purportedly arising therefrom) unless it can be shown that the
Bank acted with wilful misconduct or gross negligence.
- 2.25 The following additional terms apply to the Mobile Banking App:
- 2.25.1 All Users must comply with the App Store terms and conditions.
- 2.25.2 The App uses session cookies, also known as temporary cookies, to help the App
recognise Users and the information provided when they navigate through the App.
Sessions cookies only retain information about the User's activities for as long as they
are on the App. Once the App session is ended, the cookies are deleted.
- 2.25.3 The App uses and includes third-party software and copyrighted material. It is also
subject to third-party or other open-source licences. Portions of the software are
based in part on:
- a) iOS
* JSON (JavaScript Object Notation) licensed by Stig Brautaset (Copyright
(c)2007-2011 Stig Brautaset)
* CocoaLumberjack licensed under BSD Licence (Copyright (c)2010, Deusty,
LLC)
* OpenSSL toolkit under dual licences OpenSSL Licence (Copyright (c) 1998-
2011 The OpenSSL Project) and Original SSLeay Licence (Copyright (c)1995-
1998 Eric Young -eay@cryptsoft.com)
* MIT licence (Copyright (c)2011 Matej Bukovinski)
* Licence for Base64 encoding options on the Mac and iPhone, Copyright
(c)2009-2011 Matt Gallagher. All rights reserved
* Basic demonstration of how to use the System Configuration Reachability
APIs, Apple Disclaimer, Copyright (c)2010 Apple Inc. All Rights Reserved
- b) Android
* OpenSSL toolkit under dual licences OpenSSL Licence (Copyright (c)1998-
2011 The OpenSSL Project) and Original SSLeay Licence (Copyright (c)1995-
1998 Eric Young - eay@cryptsoft.com)
* Apache Version 2.0, January 2004, licensed under the Apache Licence
(apache.org/licenses/LICENSE-2.0) and The Android Software Development
Kit used under licence from Google Inc.
- c) iOS and Android Phone
* W3C Software (Copyright (c)1994-2001 World Wide Web Consortium,
(Massachusetts Institute of Technology, European Research Consortium for
Informatics and Mathematics, Keio University). All Rights Reserved.
w3.org/Consortium/Legal/2002/copyright-software 20021231
3 Limits
- 3.1 The User is not permitted to withdraw funds from the Accounts which would create or result in
an overdraft.
- 3.2 For security reasons, the Bank will limit how much the User can pay or transfer from the Accounts using Internet Banking, Mobile Banking and/or the App and these limits may change from time to time. The User should contact the Bank to confirm the prevailing limits applicable.
4 Use of the Payment Facility
- 4.1 The Account Holder authorises the Bank to act on Instructions using the Payment Facility
which the User may give from time to time in relation to any Account if authorised to do so in
the Account Application.
- 4.2 The User may only make payments from the Accounts in accordance with the limit for that
User stated in the Account Application. In the absence of any such limit, the User may make
payments from the Accounts which are unlimited, subject to paragraphs 3.1, 3.2 and 4.8.4.
- 4.3 The Bank will rely on the details input by the User to make any payment from the relevant
Account. The Bank will not be liable for payment information incorrectly input by the User,
including without limitation, the beneficiary account name, the beneficiary account number,
the beneficiary bank details, or any payment reference information. If the User becomes
aware of their error, they should inform the Bank as soon as possible. The Bank will make
reasonable efforts to recall the payment but the User accepts that this may not be
successful.
- 4.4 If the User makes a payment to someone who turns out to be a fraudster, the User is liable for
any loss suffered. The User must promptly notify the Bank of such a payment and the Bank
will make reasonable efforts to recall the payment but the User accepts that this may not be successful.
- 4.5 The User may be required to enter the Passcode, or enter the Passcode followed by an
Authentication, to verify instructions depending on the value of the payment.
- 4.6 The Bank will refuse to make a payment, or delay making a payment in the following
circumstances:
- 4.6.1 if legal or regulatory requirements prevent the Bank from making the payment or
mean that the Bank has to carry out further checks;
- 4.6.2 if the User has breached these Digital Banking Terms and Conditions in a way that
the Bank reasonably believes justifies the Bank refusing or delaying the payment;
- 4.6.3 if the Bank believes that processing the payment instruction would breach these
Digital Banking Terms and Conditions or that the User's instruction does not contain
all the information the Bank requires to make the payment properly;
- 4.6.4 if the payment amount would breach the total value of payments the User can make
from the Account on a particular day;
- 4.6.5 if the balance of the Account is insufficient to make the payment and cover any
payment charge;
- 4.6.6 if the Bank intends to exercise its right of set-off;
- 4.6.7 if the Bank has asked the User for important information it reasonably needs and the
User has not provided that information; or
- 4.6.8 if the Bank has suspended the Account or Internet Banking or the App.
- 4.7 The Payment Facility enables the User (if authorised to do so in the Account Application) to
make UK Payments and International Payments.
- 4.8 UK Payments:
- 4.8.1 UK Payments made via the Payment Facility using FPS will be sent at any time on a
Business Day (which may be outside of working hours) and at any time on a non-
Business Day.
- 4.8.2 UK Payments will be made via FPS unless the beneficiary bank does not accept
payments via FPS in which case the UK Payment will be made via BACS.
- 4.8.3 If the User does not want to make a UK Payment via FPS, the User can make a
sterling payment as an International Payment in which case the sterling payment will
be made via SWIFT.
- 4.8.4 The Account to be debited must hold a sufficient balance in order for the User to input
the UK Payment without creating an overdraft. If the Account balance is insufficient,
the User will be unable to input the UK Payment.
- 4.8.5 The User acknowledges that the beneficiary bank will check that the beneficiary
account number provided by the User with the payment Instruction is a valid account
number in their records and the beneficiary bank will not check that the beneficiary
bank account name included with the payment matches the beneficiary bank account
name in their records.
- 4.9 International Payments:
- 4.9.1 International Payments made via the Payment Facility will only be made during
working hours on a Business Day.
- 4.9.2 The Bank will make the International Payment by SWIFT.
- 4.9.3 If the balance on the Account to be debited is insufficient to make the International
Payment without creating an overdraft, the User may still input the International
Payment Instruction. Following receipt of such an Instruction the Bank will contact the
User to determine whether funds should be transferred between the Accounts in order
for the Bank to process the Instruction without creating an overdraft. The User
acknowledges that such a transfer may include a foreign exchange transaction. The
User also acknowledges that if the Bank is unable to contact the User to agree how
an International Payment is to be funded then the International Payment will be
delayed until the Bank can contact the User.
- 4.9.4 The Bank may check that the payment routing information provided by the User is
correct, and if the Bank deems the payment routing information to be incorrect, the
Bank may attempt to contact the User to check the payment routing information. If the
Bank does not contact the User the payment will be made using the payment routing
information provided. For the avoidance of doubt, the Bank is not obliged to check
that the payment routing information provided by the User is correct.
- 4.9.5 The Bank will charge for making International Payments in accordance with its
standard charge scale.
5 Use of the Transfer Facility
- 5.1 The Account Holder authorises the Bank to act on Instructions which the User may make from
time to time in relation to the Accounts using the Transfer Facility if authorised to do so in the
Account Application.
- 5.2 The User may only make transfers between Accounts in accordance with the limit for that
User stated in the Account Application. In the absence of any such limit, the User may make
transfers between Accounts which are unlimited, subject to paragraphs 5.3 and 5.4.
- 5.3 The User may only transfer funds between Accounts which are held in the same currency.
- 5.4 The Account to be debited must hold a sufficient balance in order for the User to input the
transfer Instruction without creating an overdraft. If the Account balance is insufficient, the
User will be unable to input the transfer Instruction.
- 5.5 Instructions given via the Transfer Facility to transfer funds between Accounts will only be
processed on a Business Day.
6. Use of the Secure Messaging Facility
- 6.1 The Account Holder requests and authorises the Bank to act on Instructions given by the
User via the Secure Messaging Facility in relation to the Accounts or in respect of any other
dealings between the Account Holder and the Bank including without limitation, and if
authorised to do so in the Account Application, requesting the Bank to make payments from
the Accounts, transfer amounts between Accounts or execute foreign exchange transactions
for settlement across Accounts, in respect of any Account.
- 6.2 Instructions given via the Secure Messaging Facility will only be actioned by the Bank during
working hours on a Business Day.
7 Use of Internet Banking and the App outside the United Kingdom and Guernsey
- 7.1 The User acknowledges that use of Internet Banking, Mobile Banking and/or the App by the
User outside the United Kingdom and Guernsey may be against local laws or regulations and
accepts all risk and liability arising from such use.
8 Warning Disclaimer and Limitation of Liability
- 8.1 Details provided in Internet Banking are intended for information use only and should not be
relied upon in all circumstances. If the Account Holder is in any doubt as to the balance of
their Accounts they should contact the Bank directly. To the fullest extent permitted by law,
the Bank disclaims all representations, warranties and conditions of any kind (expressed,
implied, statutory or otherwise) as to all information, products and other content included by
Internet Banking, Mobile Banking and/or the App, and the Bank will only be liable for losses
incurred by the Account Holder to the extent such losses directly result from the Bank or its
Associate's own wilful misconduct or gross negligence in performing any services under these
Digital Banking Terms and Conditions. In any event, the Bank will not have liability for any
consequential, special, punitive or indirect loss or damage suffered or incurred by the Account
Holder or other User whether or not any claim for such damages is based on tort or contract
or whether the Bank knew or should have known the likelihood of such damages.
- 8.2 If the User breaches these Digital Banking Terms and Conditions and this has caused the
Bank to suffer a loss, the following will apply:
- 8.2.1 the User will be responsible for any direct losses suffered by the Bank; and
- 8.2.2 the User will be responsible for any reasonable legal costs that arise as a result of the
Bank's losses.
- 8.3 The Bank is not liable if the User loses money because:
- 8.3.1 the User cannot access Internet Banking, Mobile Banking and/or the App for any reason or Internet Banking or the App is slow;
- 8.3.2 any computer, Mobile Device, hardware or software the User uses with Internet Banking, Mobile Banking and/or the App is damaged or corrupted or does not work;
- 8.3.3 Internet Banking, Mobile Banking and/or the App does not work as the User expects, does not meet the User’s requirements or contains errors or defects or the Bank does not correct these;
- 8.3.4 the User does not receive an SMS or message in the App in time;
- 8.3.5 the Bank is prevented from providing any service in part or in full because of
circumstances arising outside of its reasonable control or due to the actions of a third
party; or
- 8.3.6 the User does not update the App when prompted.
9 Suspension or Termination
- 9.1 The Bank may suspend Internet Banking, Mobile Banking and/or the App, in whole in part,
without notice, where it considers it necessary or prudent to do so, including, inter alia:
- 9.1.1 where the Bank suspects a breach or potential breach of security and/or suspects that Internet Banking, Mobile Banking and/or the App has been used fraudulently or without the User’s permission;
- 9.1.2 to meet its legal and/or regulatory obligations;
- 9.1.3 if the User has not given the Bank (or someone acting on its behalf) information it
needs, or the Bank has good reason to believe that the information provided by the
User is incorrect or not true;
- 9.1.4 if the User has breached these Digital Banking Terms and Conditions in a serious or
persistent way and the User has not put the matter right within a reasonable time of
the Bank asking them to;
- 9.1.5 if the Bank has good reason to believe that the User’s use of Internet Banking, Mobile Banking and/or the App is harmful to the Bank or its software, systems or hardware;
- 9.1.6 where there has been a material change in the way the User is using the Accounts
and/or the Bank believes it is appropriate to protect the Accounts; and
- 9.1.7 for maintenance and upgrade purposes.
The Bank will endeavour to inform the User of its intention to suspend Internet Banking,
Mobile Banking and/or the App prior to taking such action, unless the Bank is unable to
contact the User or there is a legal reason or other circumstance beyond its control that
prevents it from doing so.
- 9.2 A User may terminate these Digital Banking Terms and Conditions in so far as they apply to
that User, or if the User is an Account Holder, in so far as they apply to the Accounts and all
Users in respect of the Accounts, by providing written notice to the Bank and by the User
deleting the App from their Mobile Device.
- 9.3 The Bank may terminate these Digital Banking Terms and Conditions or remove the App
either in so far as they apply to a User or in so far as they apply to an Account and all Users in
respect of the Accounts, at any time in its absolute discretion and in which case all rights
given to the User in respect of Internet Banking, Mobile Banking and/or the App will end
immediately. If these Digital Banking Terms and Conditions are terminated by the Bank the
User must promptly stop using Internet Banking and Mobile Banking and uninstall the App
and destroy all copies of it.
10. Application of these Digital Banking Terms and Conditions, Interpretation and
Termination
- 10.1 These Digital Banking Terms and Conditions shall apply to the Account Application and for
the purposes of interpretation therein the expression "in writing" or any cognitive expression
shall include electronic communication, and any references to "signature" or "signed" shall
mean and include signature in electronic form or by any form of encryption and authentication
from time to time required by the Bank.
- 10.2 These Digital Banking Terms and Conditions shall remain in force and effect until such time
as they are terminated in accordance with clause 9.2 or 9.3.
- 10.3 Termination of these Digital Banking Terms and Conditions will not release the Account
Holder from any liability in respect of any act performed by the Bank in accordance with any
Instructions or the variation to the Account Application made by these Digital Banking Terms
and Conditions prior to receipt by the Bank of such notice of termination.
11. Variation
- 11.1 The Bank reserves the right at its sole discretion at any time or times to review and waive,
vary or amend any of these Digital Banking Terms and Conditions. Any such waiver, variation
or amendment shall take effect thirty calendar days after written notice thereof has been given
by the Bank to the Account Holder at their correspondence or email address as set out in the
Account Application and any other User at their correspondence or email address as set out
in the Internet Banking Application Form.
- 11.2 No permitted alteration to the terms of the operation of the Accounts may be made by the
Account Holder or the User using the Secure Message Facility or otherwise than in writing to
the Bank given under the original signatories authorised under the Account Application.
- 11.3 The Bank may charge a fee for the use of Internet Banking or the App and will notify the
Account Holder of such fee in writing. Any change to the fees payable in relation to Internet
Banking or the App shall take effect thirty calendar days after written notice thereof has been
given by the Bank to the Account Holder.
12. Governing Law
- 12.1 These Digital Banking Terms and Conditions and the rights of the User and the Bank
pursuant hereto are governed by and construed in accordance with the laws of the Island of
Guernsey. In the event of any claim, dispute or difference arising out of or in connection with
these Digital Banking Terms and Conditions, the Account Holder, any other Users and the
Bank irrevocably agree and submit for the Bank's exclusive benefit to the exclusive
jurisdiction of the courts of the Island of Guernsey except that nothing in this clause shall be
taken to have limited the Bank's right to institute proceedings in the courts of any other
competent jurisdiction whether concurrently or not.
Rothschild & Co Bank International Limited
St Julian's Court, St Peter Port, Guernsey, GY1 3BP
Telephone: + 44 (0)1481 713713
rothschildandco.com
Registered number 1088 Guernsey
Registered office as shown
Licensed and regulated by the Guernsey Financial Services Commission for the provision of Banking
and Investment services and a participant in the Guernsey Banking Deposit Compensation Scheme.
The Scheme offers protection for 'qualifying deposits' up to £50,000, subject to certain limitations. The
maximum total amount of compensation is capped at £100,000,000 in any five year period. Full
details are available on the Scheme's website www.dcs.gg or on request. Deposits made with
Rothschild & Co Bank International Limited are not covered by the UK Financial Services
Compensation Scheme or any other equivalent scheme.