Barclaycard for Business: Terms and Conditions and Privacy Policy

Barclaycard for Business App

End User Licence Agreement

Date updated: 23rd November 2020

These Terms govern your use of the Barclaycard for Business App (App) and the services available on the App which are provided and operated by Barclays Bank plc t/a Barclays Payments, a company incorporated in England and Wales with company number 01026167 and its registered address at 1 Churchill Place, London E14 5HP (we, us, our or Barclaycard). References to you and your means the person who has downloaded the App.

BY REGISTERING AND ACCESSING THE APP YOU AGREE TO BE BOUND BY THESE TERMS AND TO COMPLY WITH THEM.

Please read these Terms carefully before you proceed.

1 About this App

Services.

1.1 You can use the App to:

1.1.1 view and manage all of your Barclaycard Commercial Accounts in one place;

1.1.2 view your recent transactions and statements relating to your Accounts;

1.1.3 view your current balance, available credit and credit limit for each of your Accounts; and

1.1.4 lock and unlock your Accounts.

1.2 Full details of the Services available on the App are described in the Documents.

1.3 We may add other services, functionality or enhancements from time to time (as described in section 14.1 (Changes to the Terms and Services)).

Who can use the App?

1.4 This App is only available for customers of Barclaycard who hold Barclaycard Commercial Accounts. You will be unable to use the App if you are not a Barclaycard business customer.

1.5 You may only access the Services available on the App if Barclaycard invite you to download this App.

How do I get access to the Services available on the App?

1.6 If you are a Barclaycard business customer, we will send you an email inviting you to download the App from the app store. If it is the first time you have used the App, we will also send you a second email with your temporary password, for you to enter with your username to log-in to the App for the first time. If you do not log-in within 30 days from receiving the email you will need to request a new temporary password.

1.7 The first time you log-in to the App, we will send you a one-time passcode to the mobile number associated to your Account. You will be required to enter this one-time passcode in the App and if it is the first time you have used the App you will be prompted to set up your own password for access to the App, with a password hint to assist with recovery and/or verification of your App account.

1.8 You will be required to enter your username and password every time you access the App after first log-in, unless you enable biometrics to access the App from time to time.

1.9 You may download the App directly from the app store. However, if you have not received an email from us inviting you to download the App, you will not be able to log-in to the App and/or access the Services therein. In these circumstances we have no obligation to make any functionality on the App and/or any Services available.

Other important information

1.10 The App is made available on the Apple App Store for you to download. Please check the Apple App Store for details of devices and operating systems compatible with the App. You may need to upgrade the operating system on your device to continue using the App if we change the version(s) we support.

1.11  Both you and we acknowledge that the Terms are solely between us, and not with Apple. We are solely responsible for the App and the content and Services available therein. Notwithstanding the foregoing, you acknowledge and agree that you use this App at your own risk.

1.12 The ways in which you can use the App may also be controlled by Apple’s rules and policies for its App Store (which can be viewed here). Where there is a conflict or inconsistency between these Terms and Apple’s rules and policies, Apple’s rules and policies will apply instead of these Terms only to the extent necessary to resolve such conflict or inconsistency.

2 Definitions

2.1 Unless expressly stated otherwise, in these Terms the following words shall have the following meanings:

2.1.1 Barclaycard Commercial Accounts means your Barclaycard business and corporate accounts associated with a physical credit card or charge card which can be used to make payment. References to Account shall be construed accordingly;

2.1.2 Documents means the guides and instruction manuals relating to the App provided by us and/or our affiliated companies, as may be updated from time to time;

2.1.3 Intellectual Property Rights means all patents (including any rights in or to (or any rights in and to), inventions), trademarks, service marks, logos, trade names and business names (including rights in goodwill attached thereto), design rights, rights in or to (or rights in and to) internet domain names and website addresses, semi-conductor topography rights, copyright (including future copyright), database rights, rights in and to confidential information (including know how, business methods, data and trade secrets) and all other intellectual property rights, in each case subsisting at any time in any part of the world (whether registered or unregistered) and any pending applications or rights to apply for registrations of any of these rights that are capable of registration in any country or jurisdiction and similar or analogous rights to any of these rights in any jurisdiction;

2.1.4 Company means the entity that is the Barclaycard customer that grants you access to the Accounts;

2.1.5 Services means the services we make available within the App from time to time, as outlined in section 1 (Services) of these Terms; and

2.1.6 Terms means these terms and conditions.

2.2 In these Terms the words other, includes, including, for example and in particular do not limit the generality of any preceding words and any words which follow them shall not be construed as being limited in scope to the same class as the preceding words where a wider construction is possible.

3 App licence

3.1 We grant you a royalty-free, non-exclusive, non-transferable, revocable and limited licence to access and use the App, Services and Documents.

3.2 Other than as set out in section 3.1 above, we do not grant you any rights or licences to use the App, Services or Documents.

4 Use of the App

4.1 You agree that you:

4.1.1 must only use the App in accordance with:

(a) these Terms, Apple’s Usage Rules (which are available to view in Apple’s App Store) and the Documents provided or made available to you from time to time; and

(b) any limitations which we may tell you about from time to time;  

4.1.2 will remove the App from your device if you sell, lend, give away or dispose of your device on which the App is installed;

4.1.3 must not copy the App or the Documents except as part of the normal use of the App or where it is necessary for the purpose of back-up or operational security;

4.1.4 must not translate, merge, adapt, vary, copy, alter, create derivate works of, or modify, the whole or any part of the App, Documents or Services herein nor permit the App or Services or any part of them to be combined with, or become incorporated in, any other programs, except as necessary to use the App and Services on devices as permitted in these Terms;

4.1.5 must not rent, lease, sub-license, loan, provide, or otherwise make available, the App or the Services in any form, in whole or in part to any person without prior written consent from us;

4.1.6 must comply with any third party agreements which apply to you when you use the App, for example agreements that you may have with network providers, internet service providers or the company which lends the device to you;

4.1.7 must not disassemble, de-compile, reverse engineer, attempt to derive the source code of, modify, copy, decrypt or create derivative works based on the whole or any part of the App or the Services, except to the extent that such actions cannot be prohibited by applicable law; and

4.1.8 must not engage in any other activity deemed by Barclaycard to be in conflict with the spirit or intent of these Terms or the intended use of the App.

4.2 You must:

4.2.1 only use the App to view your Accounts and related services;

4.2.2 not collect any information or data from the App or our systems or try to read any messages or information not meant for you;

4.2.3 not download the App from anywhere other than the Apple App Store or any other store approved by us from time to time;

4.2.4 obey and comply with all applicable laws or regulations that apply to you in any place you access and/or use the App and not use the App or Services in any manner which breaches applicable laws or regulation from where you access and/or use the App;

4.2.5 not use the App in any way: (1) not permitted by us; (2) that could damage it or stop it from working or affect our systems, related systems or other users, or act fraudulently or maliciously - for example by hacking into or inserting malicious code into the App or iOS or other operating systems;

4.2.6 not attempt to derive income from the use or provision of the App, whether for direct commercial or monetary gain or otherwise; and

4.2.7 not infringe our Intellectual Property Rights or those of any third party in relation to your use of the App or any Services, including by the submission of any material (to the extent that such use is not licensed by these Terms).

4.3 Barclaycard and/or our third party message distribution providers may report any activity in relation to the App that we or they suspect breaches any law or regulation to appropriate law enforcement officials, regulators, or other appropriate third parties. You acknowledge that any reporting may include disclosing your information.

4.4 The App, the Services and the Documents are intended for financial management and nothing we provide on the App constitutes investment, legal, tax, financial or other advice and is not to be relied upon when making a decision. You should obtain relevant and specific professional advice before making any decisions.

4.5 If you provide feedback or ideas (Suggestions) relating to the App, we may use your Suggestions without any obligation to attribute them to you or to compensate you. You must not give us any information that is confidential, commercially sensitive or contains third party Intellectual Property Rights which you are not licensed to disclose. You hereby assign to us absolutely with full title guarantee all rights (including Intellectual Property Rights), title and interests in and to your Suggestions.

5 Intellectual property rights

5.1 All Intellectual Property Rights in the App, the Services and the Documents belong to us (or our licensors) and the rights in the App, the Services and the Documents are licensed (not sold) to you in accordance with section 3 (App Licence) of these Terms. You have no Intellectual Property Rights in, or to, the App, the Services or the Documents other than the right to use them in accordance with these Terms.

5.2 Both we and you acknowledge that, in the event of any third party claim that the App or your possession and use of the App infringes that third party’s Intellectual Property Rights, we (not Apple) will be responsible for the investigation, defence, settlement and discharge of such claim.

6 Information about you

6.1 Under data protection legislation, we are required to provide you with certain information about who we are, how we process your personal data, for what purposes, together with your rights in relation to your personal data and how to exercise them. This information is provided in our privacy notice, which can be found www.barclaycard.co.uk/business/mobile-app-tandcs. It is important that you read this information.

6.2 Please be aware that internet transmissions are never completely private or secure and that it is possible that any message or information you send using the App may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.

7 Security

7.1  Your username, user ID, passcode, password, PIN, security questions and responses, and any other passwords or login details you provide to us or we provide to you constitutes your Security Information.

7.2 You must keep your Security Information secure and confidential at all times. You must not reveal your Security Information to anyone else.

7.3 If your Security Information has been lost stolen or compromised, you must contact us immediately.

7.4 You agree to co-operate without undue delay with any investigations we and/or our affiliated companies may conduct in the event of a compromise or potential compromise of your Security Information or any other unauthorised use of the App.

8 No warranties

8.1 Subject to section 8.2, we will always endeavour to keep any interruptions to the App to a minimum.

8.2 You acknowledge and accept that:

8.2.1 the App, the Services and the Documents are provided “as is”, to the maximum extent permitted by applicable law, we expressly exclude all guarantees, conditions, warranties, representations and other terms which might otherwise apply to your use of the App, the Services or the Documents, whether express or implied by any law;

8.2.2 while we have made every effort to ensure the information we provide is accurate, we provide the App, the Services and the Documents without any guarantees, conditions, warranties or representations of any kind;

8.2.3 we do not warrant that the functions on the App, the Services and the Documents will be uninterrupted or error-free, that faults will be corrected, or that the Services will be relevant for your circumstances, purposes or requirements;

8.2.4 the Services and the App are provided on an “as available” basis, we make no guarantee of the availability or performance of the App. The App may from time to time be inaccessible, unavailable, inoperable, or experience performance degradation for various reasons, including normal data or file processing, periodic maintenance of or enhancements and causes beyond the control of Barclaycard;

8.2.5 use of the App will be at your own risk;

8.2.6 Apple has no obligation to provide you with maintenance and support services with respect to the App; and

8.2.7 Apple does not provide any warranties whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be our sole responsibility in accordance with these Terms.

8.3 You represent and warrant that:

8.3.1 you are not located in a country that is subject to a U.S. Government embargo, or that is on Title 15, Part 740 Supplement 1 Country Group E of the U.S. Code of Federal Regulations;

8.3.2 you are not located in a country that has been designated by the U.S. Government as a “terrorist supporting” country; and

8.3.3 you are not listed on any U.S. Government list of prohibited or restricted parties.

9 Our responsibility for loss or damage suffered by you

9.1 To the maximum extent permitted by applicable law, we expressly exclude:

9.1.1 any liability for any direct, indirect or consequential loss or damage of any kind suffered, incurred, awarded against or agreed by you, the Company or any other third party howsoever it may arise and whether caused by breach of contract, tort (including negligence) or otherwise arising from or in connection with:

(a) any receipt, possession or use of the App or the Services or the Documents;

(b) using, not being able to use, as a result of using, or as a result of relying on the App or the Services;

(c) using any websites linked to the App (if any); or

(d) any third party claim of any kind;

9.1.2 any legal responsibility for any data or internet access charges made by your network operator, wireless broadband provider or internet service provider;

9.1.3 any liability for any unauthorised use of your device or any theft, loss or damage arising from that use; and

9.1.4 any liability for any compromise of your data or information including when any data or information is collected, transmitted or accessed through the internet or your device.

9.2 While we will do what we reasonably can to make sure the App and any content we publish and any data and software we make available on or through the App (collectively, the Content) does not contain any viruses or harmful code, you agree that any Content downloaded or otherwise accessed through using the App is downloaded and used entirely at your own discretion and risk. You agree that you alone will be responsible for any and all losses, including damage to devices and loss of data arising in connection with downloading or using any Content.

9.3 If you are dissatisfied with the App, the Services or the Documents, your sole remedy is to stop using the App, the Services and all of the Documents.

9.4 We are also not responsible for any charges that you may be required to pay to third parties as a result of using the App, for example, data or roaming charges imposed by the network provider for your device. Any such charges are solely your responsibility. Network providers may also charge you for receiving SMS notifications. If you receive SMS notifications in connection with this App, we shall not be responsible for any charges imposed by the network provider for your device.

9.5 Both you and we acknowledge that we, not Apple, will be responsible for addressing any claims you may have relating to the App or your possession and/or use of the App.

10 Changes, suspending and ending  

10.1 We may stop or suspend your use of the Services and App, temporarily or permanently, without notice if:

10.1.1 we reasonably consider it necessary to protect the security of the App;

10.1.2 we know or suspect that your Security Information has been compromised;

10.1.3 we suspect or you tell us there may be unauthorised or fraudulent use of the App;

10.1.4 we know or suspect that you have breached or are in breach of these Terms;

10.1.5 we reasonably believe it is necessary to do so for operational reasons, including where any circumstances arise which affect our ability to provide the App;

10.1.6 we reasonably believe providing you the App (or continuing to do so) will cause us to break a law, regulation, code or other duty which applies to us;

10.1.7 we are required to do so by applicable laws or regulation;

10.1.8 if your Accounts are closed or your access to the Accounts have been suspended;

10.1.9 if your Company requests us to stop or suspend your use of the App for any reason and at any time; or

10.1.10 the App is no longer available in the app store.

10.2 In addition to the rights to stop or suspend your access to the App, the Services and/or the Documents detailed elsewhere in these Terms, we may at any time without incurring liability modify, withdraw or suspend the whole or any part of the App, the Services and/or the Documents, temporarily or permanently, without notice at any time for any reason.

10.3 When your access to the App has ended:

10.3.1 you must no longer access or attempt to access the App or the services available on the App;

10.3.2 we may disable your App account;

10.3.3 you must delete or remove the App and Documents from all devices in your possession and immediately destroy all copies of the App and Documents which you have and confirm to us in writing on our request that you have done this;

10.3.4 the rights granted to you in section 3 (App Licence) will end immediately;

10.3.5 this will not affect our or your rights or responsibilities which have arisen before your access to the App ends; and

10.3.6 this will not affect the coming into force or continuation in force of any condition in these Terms, which is (whether expressly or not) intended to come into force or continue in force on or after your access to the App has ended.

11 Keeping us informed

It is important that the details we hold for you on the App remain correct and up to date. If any information about you changes, please tell us straight away. We may use your email address and/or phone number that you supply us with to send you reminders when services, functionality and/or information is available on the App. We may also send you important notices electronically to the email address that you have given us. Please do not forget to let us know about changes to your email address or phone number so that we can make sure that you can still receive these communications.

12 Status Disclosure

12.1 Barclaycard is a trading name of Barclays Bank PLC. Barclays Bank PLC is authorised by the Prudential Regulation Authority and regulated by the Financial Conduct Authority and the Prudential Regulation Authority (Financial Services Register number: 122702). Registered in England. Registered No. 1026167. Registered office: 1 Churchill Place, London E14 5HP

12.2 To find out more about the Financial Conduct Authority visit www.fca.org.uk.

13  The Electronic Commerce Directive

13.1 Barclays Bank PLC complies with the Electronic Commerce Directive. The following applies to all transactions that are carried out with Barclaycard electronically.

Company name: Barclays Bank PLC

Registered office: 1 Churchill Place, London E14 5HP

Regulated by: The Financial Conduct Authority and the Prudential Regulation Authority

14 Contacting us

14.1 If you have any queries, complaints or concerns in relation to the Services or your access to the App, please contact us by telephone on 0800 008 008.

15 Changes to the Terms and Services

15.1 We may make changes to these Terms from time to time. Any updated Terms will be made available on your App and you may be required to read and accept them to continue your use of the Services and access to the App. In any event, your continued use of the App constitutes acceptance of the updated Terms. If you do not accept any updated Terms you will not be permitted to continue to use the App and you must delete it from your device.

15.2 Any upgrades and/or updates to the App and Services shall be governed by these Terms, as updated and notified to you from time to time. Depending on what the update is, if you decide not to install the update or if you opt-out of automatic updates you may not be able to continue using some or all of the functionality on the App until you have installed the latest version.

15.3 Barclaycard may make changes to the Services, release new capability, functionality and enhancement within the App from time to time. Therefore your experience when using the App may change. We may not always communicate these changes or enhancements to you, as these may be deployed automatically into the App.  

16 Third party products and services

16.1 The App may from time to time contain some material provided by other parties and we accept no responsibility or liability for the accuracy of that material.   

16.2 Where we do provide links or refer to other parties’ websites, we are not approving those websites and are not endorsing the other parties’ products or services. You use any links entirely at your own risk and we accept no responsibility or liability for the content, use or availability of those websites or for any loss or damage suffered by you or anyone else as a result of their use. We have not verified the truth or accuracy, and give no warranties on, the correctness of the content of any such websites.

16.3 You may not link any other website to the App, or provide a link from the App to another website, without getting our prior written permission.

17  Rights for third parties

A person who is not a party to these Terms shall not have any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of these Terms, except that Apple or an Apple Affiliate may enforce these Terms against you. Apple Affiliates means any entity that directly or indirectly controls, is controlled by, or is under common control of Apple.

18 General

18.1 We may transfer our rights and obligations under these Terms to another organisation. We will tell you via the App or otherwise in writing if this happens and we will ensure that the transfer will not affect your rights under these Terms.

18.2 You may not transfer your rights or your obligations under these Terms to another person.

18.3 Each of the paragraphs and sections of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs and sections (as applicable) will remain in full force and effect.

18.4 Even if we delay enforcing the terms of these Terms, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these Terms, or if we delay in taking steps against you in respect of your breaking these Terms, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.

18.5 These Terms are governed by English law and you agree that English courts have the exclusive jurisdiction to determine any matter or dispute arising from the App or any of its Services and/or these Terms, unless we decide to bring proceedings in any other court able to hear the dispute in any other state or country, whether at the same time or not.

18.6 We have designed the App to be accessed from the United Kingdom. If you choose to access the App or any of its Services from outside of the United Kingdom, you need to be sure that you comply with all local laws and regulations which may apply.

Barclaycard for Business App

End User Licence Agreement

Date updated: 23rd November 2020

These Terms govern your use of the Barclaycard for Business App (App) and the services available on the App which are provided and operated by Barclays Bank plc t/a Barclays Payments, a company incorporated in England and Wales with company number 01026167 and its registered address at 1 Churchill Place, London E14 5HP (we, us, our or Barclaycard). References to you and your means the person who has downloaded the App.

BY REGISTERING AND ACCESSING THE APP YOU AGREE TO BE BOUND BY THESE TERMS AND TO COMPLY WITH THEM.

Please read these Terms carefully before you proceed.

1  About this App

Services

1.1  You can use the App to:

1.1.1 view and manage all of your Barclaycard Commercial Accounts in one place;

1.1.2 view your recent transactions and statements relating to your Accounts;

1.1.3 view your current balance, available credit and credit limit for each of your Accounts; and

1.1.4 lock and unlock your Accounts.

1.2 Full details of the Services available on the App are described in the Documents.

1.3 We may add other services, functionality or enhancements from time to time (as described in section 15).

Who can use the App?

1.4 This App is only available for customers of Barclaycard who hold Barclaycard Commercial Accounts. You will be unable to use the App if you are not a Barclaycard business customer.

1.5  You may only access the Services available on the App if Barclaycard invite you to download this App.

How do I get access to the Services available on the App?

1.6 If you are a Barclaycard business customer, we will send you an email inviting you to download the App from the app store. If it is the first time you have used the App, we will also send you a second email with your temporary password, for you to enter with your username to log-in to the App for the first time. If you do not log-in within 30 days from receiving the email you will need to request a new temporary password.

1.7 The first time you log-in to the App, we will send you a one-time passcode to the mobile number associated to your Account. You will be required to enter this one-time passcode in the App and if it is the first time you have used the App you will be prompted to set up your own password for access to the App, with a password hint to assist with recovery and/or verification of your App account.

1.8 You will be required to enter your username and password every time you access the App after first log-in, unless you enable biometrics to access the App from time to time.

1.9 You may download the App directly from the app store. However, if you have not received an email from us inviting you to download the App, you will not be able to log-in to the App and/or access the Services therein. In these circumstances we have no obligation to make any functionality on the App and/or any Services available.

Other important information

1.10 The App is made available on the Google Play Store for you to download. Please check the Google Play Store for details of devices and operating systems compatible with the App. You may need to upgrade the operating system on your device to continue using the App if we change the version(s) we support.

1.11 Both you and we acknowledge that the Terms are solely between us, and not with Google. We are solely responsible for the App and the content and Services available therein. Notwithstanding the foregoing, you acknowledge and agree that you use this App at your own risk.

1.12 Where there is a conflict or inconsistency between these Terms and Google’s rules and policies, Google’s rules and policies will apply instead of these Terms only to the extent necessary to resolve such conflict or inconsistency.

2 Definitions

2.1 Unless expressly stated otherwise, in these Terms the following words shall have the following meanings:

2.1.1 Barclaycard Commercial Accounts means your Barclaycard business and corporate accounts associated with a physical credit card or charge card which can be used to make payment. References to Account shall be construed accordingly;

2.1.2 Documents means the guides and instruction manuals relating to the App provided by us and/or our affiliated companies, as may be updated from time to time;

2.1.3 Intellectual Property Rights means all patents (including any rights in or to (or any rights in and to), inventions), trademarks, service marks, logos, trade names and business names (including rights in goodwill attached thereto), design rights, rights in or to (or rights in and to) internet domain names and website addresses, semi-conductor topography rights, copyright (including future copyright), database rights, rights in and to confidential information (including know how, business methods, data and trade secrets) and all other intellectual property rights, in each case subsisting at any time in any part of the world (whether registered or unregistered) and any pending applications or rights to apply for registrations of any of these rights that are capable of registration in any country or jurisdiction and similar or analogous rights to any of these rights in any jurisdiction;

2.1.4 Company means the entity that is the Barclaycard customer that grants you access to the Accounts;

2.1.5 Services means the services we make available within the App from time to time, as outlined in section 1 (Services) of these Terms; and

2.1.6 Terms means these terms and conditions.

2.2 In these Terms the words other, includes, including, for example and in particular do not limit the generality of any preceding words and any words which follow them shall not be construed as being limited in scope to the same class as the preceding words where a wider construction is possible.

3 App licence

3.1 We grant you a royalty-free, non-exclusive, non-transferable, revocable and limited licence to access and use the App, Services and Documents.

3.2 Other than as set out in section 3.1 above, we do not grant you any rights or licences to use the App, Services or Documents.

4 Use of the App

4.1 You agree that you:

4.1.1 must only use the App in accordance with:

(a) these Terms, Google Play Terms of Service and such other terms and conditions introduced by Google (which are available to view in the Google Play App Store) and the Documents provided or made available to you from time to time; and

(b) any limitations which we may tell you about from time to time;  

4.1.2 will remove the App from your device if you sell, lend, give away or dispose of your device on which the App is installed;

4.1.3 must not copy the App or the Documents except as part of the normal use of the App or where it is necessary for the purpose of back-up or operational security;

4.1.4 must not translate, merge, adapt, vary, copy, alter, create derivative works of, or modify, the whole or any part of the App, Documents or Services herein nor permit the App or Services or any part of them to be combined with, or become incorporated in, any other programs, except as necessary to use the App and Services on devices as permitted in these Terms;

4.1.5 must not rent, lease, sub-license, loan, provide, or otherwise make available, the App or the Services in any form, in whole or in part to any person without prior written consent from us;

4.1.6 must not disassemble, de-compile, reverse engineer, attempt to derive the source code of, modify, copy, decrypt or create derivative works based on the whole or any part of the App or the Services, except to the extent that such actions cannot be prohibited by applicable law; and

4.1.7 must not engage in any other activity deemed by Barclaycard to be in conflict with the spirit or intent of these Terms or the intended use of the App.

4.2 You must:

4.2.1 only use the App to view your Accounts and related services;

4.2.2 not collect any information or data from the App or our systems or try to read any messages or information not meant for you;

4.2.3 not download the App from anywhere other than Google Play or any other store approved by us from time to time;

4.2.4 obey and comply with all applicable laws or regulations that apply to you in any place you access and/or use the App and not use the App or Services in any manner which breaches applicable laws or regulation from where you access and/or use the App;

4.2.5 not use the App in any way: (1) not permitted by us; (2) that could damage it or stop it from working or affect our systems, related systems or other users, or act fraudulently or maliciously - for example by hacking into or inserting malicious code into the App or iOS or other operating systems;

4.2.6 not attempt to derive income from the use or provision of the App, whether for direct commercial or monetary gain or otherwise; and

4.2.7 not infringe our Intellectual Property Rights or those of any third party in relation to your use of the App or any Services, including by the submission of any material (to the extent that such use is not licensed by these Terms).

4.3 Barclaycard and/or our third party message distribution providers may report any activity in relation to the App that we or they suspect breaches any law or regulation to appropriate law enforcement officials, regulators, or other appropriate third parties. You acknowledge that any reporting may include disclosing your information.

4.4 The App, the Services and the Documents are intended for financial management and nothing we provide on the App constitutes investment, legal, tax, financial or other advice and is not to be relied upon when making a decision. You should obtain relevant and specific professional advice before making any decisions.

4.5 Should you require assistance when using the App, or if you have any concerns regarding defects, performance issues or general maintenance of the App, you should contact us directly using the details provided in paragraph 14, rather than Google.

4.6 If you provide feedback or ideas (Suggestions) relating to the App, we may use your Suggestions without any obligation to attribute them to you or to compensate you. You must not give us any information that is confidential, commercially sensitive or contains third party Intellectual Property Rights which you are not licensed to disclose. You hereby assign to us absolutely with full title guarantee all rights (including Intellectual Property Rights), title and interests in and to your Suggestions.

5 Intellectual property rights

5.1 All Intellectual Property Rights in the App, the Services and the Documents belong to us (or our licensors) and the rights in the App, the Services and the Documents are licensed (not sold) to you in accordance with section 3 of these Terms. You have no Intellectual Property Rights in, or to, the App, the Services or the Documents other than the right to use them in accordance with these Terms.

6 Information about you

6.1 Under data protection legislation, we are required to provide you with certain information about who we are, how we process your personal data, for what purposes, together with your rights in relation to your personal data and how to exercise them. This information is provided in our privacy notice, which can be found www.barclaycard.co.uk/business/mobile-app-tandcs. It is important that you read this information.

6.2 Please be aware that internet transmissions are never completely private or secure and that it is possible that any message or information you send using the App may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.

7 Security

7.1 Your username, user ID, passcode, password, PIN, security questions and responses, and any other passwords or login details you provide to us or we provide to you constitutes your Security Information.

7.2 You must keep your Security Information secure and confidential at all times. You must not reveal your Security Information to anyone else.

7.3 If your Security Information has been lost stolen or compromised, you must contact us immediately.

7.4  You agree to co-operate without undue delay with any investigations we and/or our affiliated companies may conduct in the event of a compromise or potential compromise of your Security Information or any other unauthorised use of the App.

8 No warranties

8.1 Subject to section 8.2, we will always endeavour to keep any interruptions to the App to a minimum.

8.2 You acknowledge and accept that:

8.2.1 to the maximum extent permitted by applicable law, the App, the Services and the Documents are provided “as is” and “as available” basis, we make no guarantee of the availability or performance of the App. The App may from time to time be inaccessible, unavailable, inoperable, or experience performance degradation for various reasons, including normal data or file processing, periodic maintenance of or enhancements and causes beyond the control of Barclaycard;

8.2.2 we expressly exclude all guarantees, conditions, warranties, representations and other terms which might otherwise apply to your use of the App, the Services or the Documents, whether express or implied by any law;

8.2.3 while we have made every effort to ensure the information we provide is accurate, we provide the App, the Services and the Documents without any guarantees, conditions, warranties or representations of any kind;

8.2.4 we do not warrant that the functions on the App, the Services and the Documents will be uninterrupted or error-free, that faults will be corrected, or that the Services will be relevant for your circumstances, purposes or requirements;

8.2.5 use of the App will be at your own risk; and

8.2.6 Google does not provide any warranties whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be our sole responsibility in accordance with these Terms.

9 Our responsibility for loss or damage suffered by you

9.1 To the maximum extent permitted by applicable law, we expressly exclude:

9.1.1 any liability for any direct, indirect or consequential loss or damage of any kind suffered, incurred, awarded against or agreed by you, the Company or any other third party howsoever it may arise and whether caused by breach of contract, tort (including negligence) or otherwise arising from or in connection with:

(a) any receipt, possession or use of the App or the Services or the Documents;

(b) using, not being able to use, as a result of using, or as a result of relying on the App or the Services;

(c) using any websites linked to the App (if any); or

(d) any third party claim of any kind;

9.1.2 any legal responsibility for any data or internet access charges made by your network operator, wireless broadband provider or internet service provider;

9.1.3 any liability for any unauthorised use of your device or any theft, loss or damage arising from that use; and

9.1.4 any liability for any compromise of your data or information including when any data or information is collected, transmitted or accessed through the internet or your device.

9.2 While we will do what we reasonably can to make sure the App and any content we publish and any data and software we make available on or through the App (collectively, the Content) does not contain any viruses or harmful code, you agree that any Content downloaded or otherwise accessed through using the App is downloaded and used entirely at your own discretion and risk. You agree that you alone will be responsible for any and all losses, including damage to devices and loss of data arising in connection with downloading or using any Content.

9.3 If you are dissatisfied with the App, the Services or the Documents, your sole remedy is to stop using the App, the Services and all of the Documents.

9.4 We are also not responsible for any charges that you may be required to pay to third parties as a result of using the App, for example, data or roaming charges imposed by the network provider for your device. Any such charges are solely your responsibility. Network providers may also charge you for receiving SMS notifications. If you receive SMS notifications in connection with this App, we shall not be responsible for any charges imposed by the network provider for your device.

10 Changes, suspending and ending  

10.1 We may stop or suspend your use of the Services and App, temporarily or permanently, without notice if:

10.1.1 we reasonably consider it necessary to protect the security of the App;

10.1.2 we know or suspect that your Security Information has been compromised;

10.1.3 we suspect or you tell us there may be unauthorised or fraudulent use of the App;

10.1.4 we know or suspect that you have breached or are in breach of these Terms;

10.1.5 we reasonably believe it is necessary to do so for operational reasons, including where any circumstances arise which affect our ability to provide the App;

10.1.6 we reasonably believe providing you the App (or continuing to do so) will cause us to break a law, regulation, code or other duty which applies to us;

10.1.7 we are required to do so by applicable laws or regulation;

10.1.8 if your Accounts are closed or your access to the Accounts have been suspended;

10.1.9 if your Company requests us to stop or suspend your use of the App for any reason and at any time; or

10.1.10 the App is no longer available in the app store.

10.2 In addition to the rights to stop or suspend your access to the App, the Services and/or the Documents detailed elsewhere in these Terms, we may at any time without incurring liability modify, withdraw or suspend the whole or any part of the App, the Services and/or the Documents, temporarily or permanently, without notice at any time for any reason.

10.3 When your access to the App has ended:

10.3.1 you must no longer access or attempt to access the App or the services available on the App;

10.3.2 we may disable your App account;

10.3.3 you must delete or remove the App and Documents from all devices in your possession and immediately destroy all copies of the App and Documents which you have and confirm to us in writing on our request that you have done this;

10.3.4 the rights granted to you in section 3 (App Licence) will end immediately;

10.3.5 this will not affect our or your rights or responsibilities which have arisen before your access to the App ends; and

10.3.6 this will not affect the coming into force or continuation in force of any condition in these Terms, which is (whether expressly or not) intended to come into force or continue in force on or after your access to the App has ended.

11 Keeping us informed

It is important that the details we hold for you on the App remain correct and up to date. If any information about you changes, please tell us straight away. We may use your email address and/or phone number that you supply us with to send you reminders when services, functionality and/or information is available on the App. We may also send you important notices electronically to the email address that you have given us. Please do not forget to let us know about changes to your email address or phone number so that we can make sure that you can still receive these communications.

12 Status Disclosure

12.1 Barclaycard is a trading name of Barclays Bank PLC. Barclays Bank PLC is authorised by the Prudential Regulation Authority and regulated by the Financial Conduct Authority and the Prudential Regulation Authority (Financial Services Register number: 122702). Registered in England. Registered No. 1026167. Registered office: 1 Churchill Place, London E14 5HP

12.2 To find out more about the Financial Conduct Authority visit www.fca.org.uk.

13 The Electronic Commerce Directive

13.1 Barclays Bank PLC complies with the Electronic Commerce Directive. The following applies to all transactions that are carried out with Barclaycard electronically.

Company name: Barclays Bank PLC

Registered office: 1 Churchill Place, London E14 5HP

Regulated by: The Financial Conduct Authority and the Prudential Regulation Authority

14 Contacting us

14.1 If you have any queries, complaints or concerns in relation to the Services or your access to the App, please contact us by telephone on 0800 008 008.

15 Changes to the Terms and Services

15.1 We may make changes to these Terms from time to time. Any updated Terms will be made available on your App and you may be required to read and accept them to continue your use of the Services and access to the App. In any event, your continued use of the App constitutes acceptance of the updated Terms. If you do not accept any updated Terms you will not be permitted to continue to use the App and you must delete it from your device.

15.2 Any upgrades and/or updates to the App and Services shall be governed by these Terms, as updated and notified to you from time to time. Depending on what the update is, if you decide not to install the update or if you opt-out of automatic updates you may not be able to continue using some or all of the functionality on the App until you have installed the latest version.

15.3 Barclaycard may make changes to the Services, release new capability, functionality and enhancement within the App from time to time. Therefore your experience when using the App may change. We may not always communicate these changes or enhancements to you, as these may be deployed automatically into the App.  

16 Third party products and services

16.1 The App may from time to time contain some material provided by other parties and we accept no responsibility or liability for the accuracy of that material.   

16.2 Where we do provide links or refer to other parties’ websites, we are not approving those websites and are not endorsing the other parties’ products or services. You use any links entirely at your own risk and we accept no responsibility or liability for the content, use or availability of those websites or for any loss or damage suffered by you or anyone else as a result of their use. We have not verified the truth or accuracy, and give no warranties on, the correctness of the content of any such websites.

16.3 You may not link any other website to the App, or provide a link from the App to another website, without getting our prior written permission.

17 Rights for third parties

A person who is not a party to these Terms shall not have any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of these Terms, except that Google or an Google Affiliate may enforce these Terms against you. Google Affiliates means any entity that directly or indirectly controls, is controlled by, or is under common control of Google.

18 Export Control

18.1 As the App is accessible via Google Play, your use of the App may be subject to export control, sanctions laws and regulations of United States (or other jurisdictions as may be determined by Google).

18.2 You agree to comply with all applicable export control, sanctions laws and regulations that apply to your use of the App, including but not limited to:

18.2.1 the Export Administration Regulations maintained by the U.S. Department of Commerce;

18.2.2 trade and economic sanctions maintained by the U.S. Treasury Department's Office of Foreign Assets Control; and

18.2.3 the International Traffic in Arms Regulations maintained by the U.S. Department of State.

19 General

19.1 We may transfer our rights and obligations under these Terms to another organisation. We will tell you via the App or otherwise in writing if this happens and we will ensure that the transfer will not affect your rights under these Terms.

19.2 You may not transfer your rights or your obligations under these Terms to another person.

19.3 Each of the paragraphs and sections of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs and sections (as applicable) will remain in full force and effect.

19.4 Even if we delay enforcing the terms of these Terms, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these Terms, or if we delay in taking steps against you in respect of your breaking these Terms, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.

19.5 These Terms are governed by English law and you agree that English courts have the exclusive jurisdiction to determine any matter or dispute arising from the App or any of its Services and/or these Terms, unless we decide to bring proceedings in any other court able to hear the dispute in any other state or country, whether at the same time or not.

19.6 We have designed the App to be accessed from the United Kingdom. If you choose to access the App or any of its Services from outside of the United Kingdom, you need to be sure that you comply with all local laws and regulations which may apply.