Lloyds TSB Text alerts
Terms and conditions
Please read these terms and conditions carefully.
If you are have a personal account, you can also find these conditions in the Personal banking terms and conditions.
Please contact any Lloyds TSB branch if you would like this or other documents in Braille, large print or on audio tape.
SECTION A - INTRODUCTION TO THIS AGREEMENT
1) The services this agreement covers
1.1 These general conditions apply to our services involving us sending text messages with information about our current accounts for United Kingdom personal and business customers. They are intended to provide occasional updates on accounts, and do not replace the need for customers to check their statements regularly.
1.2 An important part of our role as your bank is to help you manage your finances. We do not generally provide advice, but we can use information we have about you to work out your needs, and to suggest other services we think might interest you. To find out more about how we use your personal information, please read conditions 7.4 and 8.
2) How this agreement works
2.1 Our agreement with you for our text message services is made up of these general conditions and any additional conditions we give you when you apply for the services.
2.2 ‘Additional conditions’ are any other terms that apply to a text message service, but which are not included in this document, including any terms for the service we give you in, for example, application forms, letters, leaflets, on our website or by phone.
2.3 If any additional condition contradicts any general condition in this document then the additional condition will apply.
2.4 General law (for example, about banking or consumer protection) is also taken to be part of this agreement and imposes some terms on you or on us. Unless the general law cannot be changed or excluded, the terms in this document and the additional conditions apply if there is any difference between them and the general law.
2.5 In this agreement, "we" are Lloyds TSB Bank plc, unless you register a text service for an account you hold with Lloyds TSB Scotland plc, in which case "we" are Lloyds TSB Scotland plc for that service.
SECTION B - CONTACT AND SECURITY
3) Contacting each other
3.1 Our contact details are in the contact details section at the end of this document.
3.2 You must tell us if your name or contact details change. If you do not tell us, we will go on using the details you last gave us, and we will not be liable if we fail to contact you or if we send confidential information to your former contact details. We may charge you our reasonable costs of finding you (or trying to find you) if your contact details are not up to date.
3.3 We may listen in to (or record) any phone calls with you to check we have carried out your instructions correctly, to help improve our service, and to help detect or prevent fraud or other crimes.
3.4 You can usually use our text messaging services at any time but repairs, updates and routine maintenance on our systems and those of our suppliers mean particular services may be slow or unavailable from time to time.
3.5 It may be unlawful for you to receive our text messages in some countries abroad.You must check this and take appropriate action, such as pausing text messages (which will also save you the extra cost of receiving texts overseas). You will be liable if you break foreign laws, and for any loss you cause us as a result.
4) Security
4.1 You must:
(a) follow instructions we give you, which we reasonably consider are needed to protect you and us from unauthorised access to your accounts; and
(b) not let anyone else have access to information on your accounts unless they have a separate arrangement with us to do so, or you have authorised them under condition 7.4.
4.2 You are responsible for checking text messages or other account information we give you.
4.3 You must tell us as soon as you can (see the contact details section) if you:
- notice any errors;
- experience malfunctions with our services; or
- think someone may be accessing your accounts without your authority.
4.4 You must give any information and help we reasonably ask for to deal with such unauthorised access that we, the police or other authorities are investigating. We may pass on related information to other banks, the police or other authorities, in the United Kingdom or (if appropriate) abroad.
4.5 If you tell us about any errors on your account, or we notice any, we will correct them as soon as reasonably possible.
4.6 We will do all we reasonably can do to prevent unauthorised access to your accounts and to make sure they are secure.
SECTION C - FEATURES OF OUR TEXT SERVICES
5) All text services
5.1 If you register for this service, we will send you information about your current accounts (including those in joint names) to a mobile phone registered on a UK network, but not information about your savings or loan accounts. We may only allow you to register one mobile number with us at any time. This will apply to all of your accounts. However, joint account holders may each register for the service and receive information about the joint account and their other accounts.
5.2 We do not send texts on weekends or bank holidays.
5.3 We will only send you each text once. If you delete a text we cannot send it again.
5.4 You can end a text service for any particular account at any time.
5.5 You can also ask us to pause a text service at any time (for example, if you go abroad). To do so, you must pause the service for all your accounts.
5.6 You are responsible for making sure no one has access to confidential information shown on (or stored in) your mobile phone and for telling us immediately if your mobile phone is lost or stolen, or if you change your mobile phone number. Otherwise we will continue to send text messages to the mobile phone and we will not be liable if your account information becomes known to someone else as a result.
6) Limit alerts service
6.1 You can register our limit alert service for any of your Lloyds TSB personal current accounts. We will then send you two types of text:
(a) a "near limit alert" to tell you if you have less than £50 of available funds on the account; and
(b) an "over limit alert" to tell you if you do not have enough available funds for:
(i) a Standing Order you have tried to make from the account, where we have had to give you an unplanned overdraft or returned the payment; or
(ii) another type of payment that is to be paid later that day.
(Please ask us, or see our website, if you would like to know more about Unplanned Overdrafts, returned payments, and how we work out your available funds.)
6.2 We will send you one ‘near limit’ alert or one ‘over limit’ alert, as appropriate, before 10 a.m. (UK time) each day the alert is needed.
As we do not want to bombard you with texts each time your available funds fall below £50, we will not send you near limit alerts more than two days in a row, unless your account balance changes. (For example, if your available funds drop to £45 and we send a first near limit alert on Monday, we will repeat it on Tuesday if you are still at £45, but not on Wednesday unless your balance has changed to, say, £30).
6.3 If we send you a text, it gives you the opportunity to increase the available funds in your account (for example, by paying extra money into your account) to meet payments for which you may not otherwise have available funds. You can contact us to find out by how much you need to increase your available funds as a result of an over limit alert. Then:
(a) if a standing order triggered that alert, and you increase the available funds by 3.30pm (UK time) the same day, we will not charge you for having returned the standing order or for having given you an Unplanned Overdraft to cover it; or
(b) if another type of payment triggers that alert, you can increase the available funds by 3.30pm (UK time) the same day in order to cover the payment. Otherwise, we may return the payment or agree to give you an Unplanned Overdraft to cover it.
6.4 We will charge a monthly fee for each account registered for the service at any time during the month. We will take the fee from that account at the end of the month. If the account is a joint account, we will only charge a single fee for the account.
6.5 If you cancel the service within the first 14 days after registering an account, we will not charge you for the service for that account.
6.6 Even if you pause the service, you must continue paying the monthly fee.
7) Balance advice service
7.1 You can register for our balance advice service for any of your Lloyds TSB personal or business current accounts. We will then send you texts showing the account balance and up to the last six transactions on the account.
7.2 We will send you texts once a week on the day of your choice or, if you prefer, for business accounts we can send you texts once a day.
7.3 There is currently no charge for this service.
7.4 If you register the service for a business current account:
(a) Condition 8 will only apply to information about individuals (not companies or limited liability partnerships). References to "you" in condition 8 will include anyone applying for the service on your behalf.
(b) If you apply for someone to use the service on your behalf (a "user"), and we agree to this, you must ensure he complies with your obligations in conditions 3, 4 and 5.6. The user will be authorised to use the service irrespective of any other authorities, or any other arrangements you have with us. References to "you" in condition 8 will include references to the user, and you must ensure you have the user's consent to this when you apply for him to use the service.
SECTION D - PERSONAL INFORMATION
8) Personal information
8.1 ‘Lloyds Banking Group companies’ includes us and all other companies with the Lloyds TSB name, Cheltenham & Gloucester plc and Scottish Widows plc, and their associated companies.
Personal information that we collect
8.2 Your personal information is the information about you that Lloyds Banking Group companies get from you and others in various ways, including for example:
(a) in applications, emails and letters, during telephone calls and conversations in branch, in customer surveys, when you participate in competitions and promotions, through the Lloyds Banking Group company websites and during financial reviews and interviews;
(b) from our analysis of your payments and other transactions and your use of services involving other Lloyds Banking Group companies and what they know from operating your accounts; and
(c) information Lloyds Banking Group companies receive from each and from other organisations such as credit reference agencies and fraud prevention agencies.
8.3 You must not give Lloyds Banking Group companies personal information about someone else (such as a joint applicant) without first getting his or her consent for it to be used and disclosed in the ways described in this condition 28. This is because the Lloyds Banking Group of company will assume he or she has consented, although the Lloyds Banking Group of companies may still ask for confirmation. Where you do give a Lloyds Banking Group company information about someone else, or someone else discloses a connection with you, that information may be taken into account with your other personal information.
How Lloyds Banking Group companies use your personal information
8.4 Lloyds Banking Group companies may use your personal information for:
(a) providing you with services and notifying you about important changes or developments to those services;
(b) updating records;
(c) crime detection, prevention and prosecution;
(d) responding to your inquiries and complaints;
(e) administering offers, competitions and promotions;
(f) evaluating the effectiveness of marketing and for research, training and statistical analysis with the aim of improving services;
(g) assessing lending and insurance risks, and
in the other ways described below. Lloyds Banking Group companies may, from time to time, tell you of further ways in which your personal information may be used.
8.5 We and, if you have agreed, other Lloyds Banking Group companies (for this condition ‘we’ includes these companies) may also contact you about services available from Lloyds Banking Group companies, and from selected companies outside the group, which we believe may interest you or benefit you financially. We may do this by post or by phone unless you have told us not to; and by email, text or other electronic means if you have told us we can or as otherwise allowed by law. You may tell us at any time if you change your mind.
8.6 Lloyds Banking Group companies will treat your personal information as private and confidential, but may share it with each other and disclose it outside the Lloyds Banking Group if:
(a) allowed by this agreement;
(b) you consent;
(c) needed by Lloyds Banking Group companies' agents, advisors or others involved in running accounts and services for you or collecting what you owe Lloyds Banking Group companies;
(d) HM Revenue & Customs or other authorities require it;
(e) the law or the public interest permits or requires it; or
(f) required by Lloyds Banking Group companies or others to investigate or prevent crime.
8.7 Lloyds Banking Group companies may in the future wish to sell or merge their business, or any rights or interests in it. If so, they may disclose your personal information to possible buyers and their advisors so long as they agree to keep it confidential and to use it only to consider the possible sale or merger. If the sale or merger goes ahead, the buyers may use or disclose your personal information in the same way as the Lloyds Banking Group company.
8.8 Lloyds Banking Group companies may use automated decision making systems when assessing your application, managing your borrowing and to detect fraud or money laundering.
Transferring information abroad
8.9 All countries in the European Economic Area (including the UK) have similar standards of legal protection for your personal information. Lloyds Banking Group companies may run your accounts and provide other services from centres outside the European Economic Area (such as the USA and India) that do not have a similar standard of data protection laws to the UK. If so, those Lloyds Banking Group companies will require your personal information to be protected to at least UK standards.
Accessing and updating your personal information
8.10 The Data Protection Act 1998 gives you rights to request certain of your personal information from us - we may charge a small administrative fee (currently £10) for supplying the information, and may as appropriate require proof of your identity before doing so. You can ask us to change your personal information to keep it accurate and up-to-date. For personal information queries and requests, we have a special address listed in the contact details section.
SECTION E - GENERAL PROVISIONS
9) General liability
9.1 If we break this agreement by not sending a text (or by sending an inaccurate text), we will only be liable for any charges on your account that you could have avoided paying if we had sent the text (or sent an accurate text).
9.2 If we otherwise break this agreement, we will:
(a) only be liable for losses and reasonable costs that we and you could reasonably have expected when this agreement was broken;
(b) not be liable for losses or costs caused by events outside our reasonable control, for example delays or failures caused by industrial action, problems with another system or network, mechanical breakdown or data-processing failures; and
(c) not be liable for any business losses or costs you suffer (such as loss of business profits or opportunities).
9.3 If you break this agreement, you will only be liable for losses and reasonable costs that we and you could reasonably have expected when this agreement was broken.
9.4 Nothing in this agreement limits our or your liability as a result of acting fraudulently or with gross negligence. In addition, nothing excludes or limits our liability to the extent we are unable to exclude or limit it by law.
10) Dealing with possible problems
10.1 For any of the reasons in condition 10.3, we may:
(a) cancel or suspend a service;
(b) reduce a service, for example by limiting the number of texts we send you; or
(c) end this agreement (or a service under it) immediately.
10.2 If we take action under condition 10.1, we:
(a) will act in a manner we reasonably think is proportionate in the circumstances;
(b) will take reasonable steps to reduce the inconvenience to you;
(c) will tell you before doing so, if we can reasonably do so; and
(d) may consider exceptions if we are reasonably satisfied that otherwise we would cause you hardship.
10.3 The reasons referred to above are that:
(a) there is a legal requirement or a court or other authority tells us to act in that way;
(b) you have broken an agreement you have with us;
(c) you are not eligible (or no longer eligible) for a service;
(d) someone else may have rights over money in your account;
(e) you, we or someone else has made a mistake;
(f) we reasonably think you or someone else is using or has obtained, or may use or obtain, a service or money illegally, fraudulently or improperly (for example in a threatening or abusive manner); or
(g) there is a breach of security.
10.4 If we do any of these things, we will not be responsible for any loss or costs to you, as long as we behaved reasonably.
11) Other changes to this agreement
11.1 We can change any terms of this agreement.
11.2 We will tell you personally at least 30 days before we make a change to your disadvantage (other than a rate change). If you close or change your account within 60 days of us telling you about this change, we will not charge you extra to do so.
11.3 We can make any other changes straight away personally or by putting notices in a selection of national newspapers, in our branches or on our website within the next 30 days.
11.4 When we tell you personally about a change we will do so by letter, email, text, statement inserts or messages or in any other way which is sent to you individually.
11.5 If we agree to fix any condition for a certain time, we will not change it during that time.
12) Law applying to this agreement
12.1 If you are not resident in Scotland when the conditions in this document first apply to you, English law will decide any legal questions about this agreement, and about our dealings with you with a view to entering into this agreement. The courts of England and Wales will also be able to deal with any legal questions connected with this agreement.
12.2 If you are resident in Scotland when the conditions in this document first apply to you, Scots law will decide any legal questions about this agreement, and about our dealings with you with a view to entering into this agreement. The Scottish courts will also be able to deal with any legal questions connected with this agreement.
13) If you have a complaint
13.1 If you have any complaint, please contact us (see the contact details section) giving full details of the complaint, and how you think we should help. We will respond within five week days (excluding bank holidays).
13.2 If you’re not happy with how we reply to your complaint, you may be able to take it to:
(a) the Financial Ombudsman Service at South Quay Plaza, 183 Marsh Wall, London E14 9SR; or
(b) the Office of Communications (‘Ofcom’) at Riverside House, 2a Southwark Bridge Road, London, SE1 9HA, www.ofcom.org.uk/complain/, telephone 020 7981 3040, textphone 020 7981 3043 and fax 020 7981 3333.
13.3 If you’d like to know more about how to complain to the Financial Ombudsman Service, you can go to their website www.fos.org.uk, email them at complaint.info@financial-ombudsman.org.uk or call them on 0845 080 1800.
13.4 If you’d like to know more about how we handle any complaints, please see our website (www.lloydstsb.com) or ask for our brochure ‘how to voice your concerns’.
14) Ending our relationship
14.1 This agreement will continue until you or we cancel or end it.
14.2 You may end this agreement, or any service under it, at any time by writing (not email) to us, visiting one of our branches or phoning us. Where you have not told us in writing, we may require confirmation in writing.
14.3 We may end this agreement (or a service under it) under condition 10.1 or by writing to you and giving you 30 days' notice.
14.4 If an account is closed, this agreement will end at the same time for any text services we provide on that account.
14.5 When you or we end or cancel this agreement, any benefit or service we provide under it will end and you must on our request pay any charges that you owe us (if you cancel, these will be the charges applying to the period before the agreement is cancelled, unless condition 6.5 applies). If you or we end a service, but not the whole agreement, this applies to the service alone.
14.6 If this agreement (or a service under it) ends, it will not affect any legal rights or obligations which may already have arisen or any instructions already given.
14.7 After this agreement ends, we will keep any rights we have under general law; and condition 8 will continue to apply.
HOW WE ARE REGULATED
CONTACT DETAILS
OTHER INFORMATION
