Egg Money Paperless Dealing Agreement

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Paperless Dealing Agreement

1 Introduction

1.1 This Agreement sets out the terms for using Paperless Messages to communicate with each other.

1.2 In this Agreement:

Authorised User means any other person you have authorised to use an Egg account;

Mobile Phone PIN means the personal identification number or numbers that can be set on your mobile phone to prevent unauthorised use of the mobile phone and/or SIM card;

Optional Services means the types of Paperless Message that we give you the option of receiving in accordance with condition 5.1;

Paperless Message means any message or instruction which is not recorded on paper, such as messages given by telephone, fax, Internet, e-mail, SMS or any electronic means;

Passcodes mean the security details and passwords, which have been set up to enable you to access the Secure Area;

Secure Area means that part of our operation, which can only be accessed on the Egg website or by telephone by Egg customers who have been through our security checks;

we, us and our mean Egg Banking plc;

you and your means the person who has an account with us.

2. General

2.1 To contact each other using Paperless Messages we will use the latest details you have given us and you will use the latest details we have given you. We will tell you if any of our contact details change. We also need you to tell us if your name, address, telephone (including mobile phone), e-mail or any other details change. If you do not do this, we may charge for any expenses we incur in tracing you.

2.2 If we contact, or try to contact, each other by telephone, we may:

leave a message for you to call or contact us on an answering machine or with the person who answers our call;

record the call so that we can check your instructions;

listen to calls to help us monitor the quality of our service.

2.3 We may send Paperless Messages to the electronic (including e-mail) address you have given us. If you want to prevent others from reading Paperless Messages we send you (including a Paperless Message you have asked us to send you outside the Secure Area), you must set up your own password protection on your system at home or work and set up your Mobile Phone PIN. You understand that you may not be able to prevent Paperless Messages being monitored at work.

2.4 If you send us an electronic message from outside the Secure Area, you cannot assume that it has reached us until we return an electronic message acknowledging receipt.

2.5 You must tell us as soon as you can if you find any failure, delay or error in sending or receiving Paperless Messages. Our records of your Paperless Messages will be conclusive unless there is a clear mistake.

2.6 Accessing our Internet service from another country may be an offence in that country. You agree that use of our Internet service outside the UK will be at your risk.

2.7 You must ensure that any Authorised User complies with the terms of this Agreement.

3 Secure Area

3.1 When you enter the Secure Area to:

give us instructions or confidential information; or

view confidential information that we hold about you or your accounts

we need to verify your identity by asking for your Passcodes. As long as we are given the correct Passcodes, you will be responsible for any Paperless Message given or sent even if the Paperless Message was given or sent by someone other than you or an Authorised User.

3.2 We can ask you to confirm Paperless Messages in writing if we feel this is appropriate.

3.3 We can refuse to act on a Paperless Message if for any reason we think it was not given by you or an Authorised User, was not clear, might cause us to breach a law or contractual duty or we think your account is being used for an illegal purpose.

4. Security

4.1 You must never:

make written records of your Passcodes or Mobile Phone PINs unless you have disguised them so that they cannot easily be understood by anyone else;

tell anyone your Passcodes (except to gain access to the Secure Area) or Mobile Phone PINs or allow anyone else to use your Passcodes to access the Secure Area;

4.2 You must always:

do all that you can to keep your Passcodes and Mobile Phone PINs secret at all times;

when accessing the Secure Area, make sure that your Passcodes will not be kept in any form (by browser or any other software) in such a way that other users of the same work station can gain access to the Secure Area;

use your Mobile Phone PIN and not let others have access to your mobile phone;

change your Mobile Phone PIN straight away if you think someone else knows it or has been using your Mobile Phone;

tell us as soon as possible if:
- you think that someone else knows your Passcodes; or
- you have forgotten your Passcodes; or
- you think that your Passcodes have been kept in any form which may allow others access to the Secure Area and immediately arrange for the details to be deleted or the software disabled.

4.3 Until you tell us:

you will be responsible for any Paperless Message, which we receive and act on, even if it was not given by you or an Authorised User. Normally we will pay you the amount of any payments we make after you or an Authorised User have told us. But, subject to any statutory requirements, if we can show that you or an Authorised User have acted fraudulently or have been grossly negligent or have not kept your Passcodes or Mobile Phone PINs secret you will be responsible for all payments we make and all losses on your account.

we will not be responsible for any unauthorised access to confidential information about you on the Secure Area.

4.4 We will not be responsible for any unauthorised access to confidental information about you sent by Paperless Message outside the Secure Area if you have failed to keep your mobile phone, computer or other electronic equipment used to access the Paperless Message secure by using a Mobile Phone PIN or password and changing the Mobile Phone PIN or password if you think someone else knows it.

4.5 We will do all that we reasonably can to prevent unauthorised access to our Secure Area. As long as you have not broken the other terms contained in this condition 4 we will accept liability for any loss or damage to you resulting from any unauthorised access to the Secure Area.

5. Optional Services

5.1 When you apply for your account or at a later date, we may offer you the option of being able to choose whether or not you wish to receive types of Paperless Message ("Optional Service"). If you choose not to accept Optional Services, we will continue to use other forms of Paperless Message.

5.2 You can ask us to end Optional Services at any time by giving us at least five days notice by secure e-mail message, by phone or via the servicing area of www.egg.com. We can withdraw Optional Services at any time by giving you not less than 30 days' notice by post or e-mail or SMS.

5.3 We may charge for certain Optional Services. If we do, we will tell you the amount of the charge when we offer the Optional Service to you, or will give you not less than 30 days notice of the introduction of a charge.

6. Suspension of Paperless Messaging

We may, without warning and without ending this Agreement, suspend use of any form of Paperless Message but we will only do this if it is reasonably necessary to do so.

7. Limits of Liability

7.1 We will not be liable if we are prevented from doing anything we have said we will do under this Agreement because of anything that we cannot reasonably control, including any machine failing to work, problems or non-availability of the mobile phone network and industrial disputes.

7.2 If we do not carry out your instructions or do so late or incorrectly we will be liable for any resulting loss, injury or damage up to the lower of the amount of such loss, injury or damage and the amount of any interest you did not receive or had to pay as a result of our failure, delay or error. We will not be liable for any indirect losses or losses we could not have reasonably expected to occur.

8. Changes

8.1 We can change this Agreement to make it fairer to you or more easily understandable, or to correct a mistake (provided that this correction would not adversely affect you), or to cover a development in, or the introduction of, new forms of Paperless Message or reflect a change in the law or any code of practice (or the way in which they are applied).

8.2 We may also at any time add a charge for Optional Services. If we do, we will give you 30 days prior notice of the charge and you may ask us to stop providing the Optional Service at any time up to 60 days from the date of the notice without incurring the charge.

8.3 We will give you at least 30 days prior notice of any change or addition to this Agreement which is to your disadvantage and we will let you know of the change by putting messages on your monthly statement or sending you an e-mail, or separate written notice. Provided that you have repaid all amounts you owe us, you have the right to close your account at any time up to 60 days from the date of the notice, so that the disadvantageous change does not apply to you.

8.4 We may make changes which are not to your disadvantage immediately and will tell you about them within thirty days after the change. These changes will be so notified by statement notice, letter, by sending you an e-mail, or separate written notice.

8.5 If we have made a major change or a lot of minor changes in any one year, we will give you a copy of the new terms and conditions or a summary of the changes.