1. INTRODUCTION
1.1 Open banking technology allows you to share financial information held with your chosen Account Provider through a specially regulated service provider. These specially regulated providers are called Account Information Service Providers (AISPs), and in the UK are registered or authorised by the Financial Conduct Authority (FCA).
1.2 The Service is provided by Apple Payments Services Limited, which is registered with the Financial Conduct Authority under the Payment Services Regulations 2017 (under firm reference number: 795791) for the provision of payment services and is authorised and regulated by the Financial Conduct Authority (under firm reference number: 770345). Apple Payments Services Limited is registered and incorporated in England and Wales (company no. 09873335) with registered office at: 280 Bishopsgate, London, EC2M 4RB.
1.3 Apple Payments Services Limited is registered as an AISP with the FCA and provides an online process for you to permit the sharing of financial information from your Account Provider with us. During this process, your Account Provider will ask you to log in to your online account with your Account Provider to authenticate your identity, then ask you to confirm that you’d like them to share information with us. Your Account Provider only shares with us the financial information related to your accounts you request and will never share your login details with us.
1.4 You can connect multiple accounts to this account information service, including those you hold at different Account Providers. Once you have connected your accounts, with your permission we gather the account information from those accounts to provide you with services that you request, such as displaying your account balances and transaction information in Wallet on the Apple device(s) you use to access the Service. Only specially regulated companies, like Apple Payments Services Limited, can access your accounts in this way.
2. THESE TERMS OF USE
2.1 These terms of use are entered into between you and us when you click agree on screen. They will remain in effect until terminated as set out in section 13 below.
2.2 We may revise these terms of use at any time by updating them and providing you with reasonable, advanced notice of the changes by sending you a copy of the updated terms or otherwise making a copy available to you including by publishing the updated terms on our website: https://www.apple.com/uk/legal/applepaymentsservices/. You will have the right to reject any changes by discontinuing your use of the Service. If you continue using the Service after the changes take effect, we will take it that you have accepted the updated terms of use.
3. DEFINITIONS
The following words and phrases have the following meanings in these terms of use:
3.1 "Account Information” has the meaning given to it in 4.1.
3.2 “Account Provider” means a payment service provider who provides and maintains a payment account (such as a current account, debit, prepaid, or credit card account) for you.
3.3 "Content” means the Account Information and other content made available to you via the Service.
3.4 “Platform” means the Apple application, device, and/or operating system through which the Service is accessed.
3.5 “Service” means the provision of Account Information by us to you via the Platform as further described in section 4.
3.6 “we” or “us” or “our” means Apple Payments Services Limited.
3.7 “you” means the user authenticated pursuant to section 1.3 above.
4. THE SERVICE
4.1 We enable you to access and view information relating to your payment accounts (such as current accounts, debit, prepaid, or credit card accounts) ("Account Information") in a consolidated form. In providing the Service, and in accordance with your Apple device(s) and Wallet preferences, the presentation of some or all of the Account Information may be synchronised across your Apple device(s).
4.2 You agree and permit that the Account Information to be accessed on an ongoing basis, provided to the Platform, and processed pursuant to your request may include:
(a) Account details (such as names, numbers, sort codes, and card numbers);
(b) Regular payment details (such as details of your beneficiaries, standing orders, direct debits and scheduled payments);
(c) Account balances and transactions (such as incoming and outgoing transactions and their descriptions);
(d) Statements (such as monthly and annual account statements);
(e) Card features and benefits (such as offers available on the card account for balance transfer, promotional rates, limit increases, and the start and end dates); and
(f) Contact details (such as the name(s) on the account, address, telephone number, email address, and type of account).
4.3 From time to time, your Account Provider may change the Account Information that it provides to you and which is available to us when we provide the Service. We can only provide the Service in relation to Account Information that is made available to us by the Account Provider.
4.4 To use our Service, you will need to select your card in Wallet and initiate a connection to your Account Provider from within the Platform. You will be asked to agree to the terms in connection with our provision of the Service, through which you instruct and give your permission to us to access the Account Information to provide the Service.
4.5 After you have given your permission, we will redirect you to your Account Provider (e.g., either on a web browser or your banking mobile application) who will ask you for your login credentials, which may include performing two factor authentication (e.g., providing a password and biometric credential such as a fingerprint). We will not be able to see or access your credentials at any time. Once your Account Provider has confirmed authentication, we will at certain times (including as set out in section 4.8 below) access your Account Information and then provide it to you as part of the Service.
4.6 Your Account Provider may display multiple accounts to connect but, if you have not added the card associated with the relevant account in Wallet we will not provide you with the Service for that account.
4.7 In relation to your card added in Wallet, your Account Provider may provide you with more than one account attached to that card (a “Multi-account Card”), for example where you are provided with multiple accounts in different currencies but can use the same card to make payments in those different currencies. Currently, we only provide the Service in relation to cards added in Wallet that are attached to a single payment account provided to you by the Account Provider. You should not try to connect a Multi-account Card to the Service. If you try to receive the Service in relation to a Multi-account Card, we have the right not to provide the Service and where we have commenced providing the Service already we have the right to terminate the Service in relation to that Multi-account Card.
4.8 Every time you:
(a) open your Wallet and select a card, you agree that you are actively requesting and permitting us to provide the Service (including by displaying to you the Account Information associated with all cards in the Wallet for which we have agreed to provide the Service on the basis of these terms of use);
(b) add the widget feature in relation to Wallet on your device, you agree that you are actively requesting and permitting us to provide the Service (including by displaying to you the Account Information associated with all cards in the Wallet for which we have agreed to provide the Service on the basis of these terms of use);
(c) check out with Apple Pay, you agree that you are actively requesting and permitting us to provide the Service (specifically by displaying to you the account balance associated with the card selected for payment); and
(d) select to see your other card(s) within Apple Pay, you agree that you are actively requesting and permitting us to provide the Service (specifically by displaying to you the account balance(s) for those other cards).
4.9 You agree that in order to provide the Service, we may:
(a) access your Account Information at the frequency prescribed by regulation; or
(b) agree with your Account Provider to access your Account Information more frequently than as prescribed by regulation.
4.10 We use the internet to access the Account Information held by your Account Provider. We then deliver the Account Information to your Apple device(s). You acknowledge that once the Account Information is delivered to your Apple device(s), that Account Information is no longer online data. Instead, once delivered to your Apple device(s), the Account Information is stored on your device(s) and in your iCloud account; it cannot be processed by us without your permission under the Payment Services Regulations 2017. You are free to engage with the Account Information displayed and stored on your Apple device(s) and stored in your iCloud account as you choose, for example by viewing it in the Wallet application or by sharing it with third parties as permitted by you.
5. FEES AND PAYMENT
5.1 You will not be charged to use the Service.
6. LICENCE GRANT AND USE OF CONTENT
6.1 In return for you agreeing to comply with these terms of use, we grant you a non-exclusive licence to use the Service (including to view the Content) on each Apple device you use to access the Service. We only grant this licence to you and you cannot transfer or sell it to anyone else. The licence we grant is subject to your compliance with these terms of use.
6.2 We may block, restrict, disable, or suspend, your access to all or any part of the Platform or Service, at any time, without liability to you if:
(a) we reasonably believe that it is necessary to do so to protect the security of your Account Information, the information of other users, the Platform, or the Service;
(b) you do not provide us with any information that we reasonably require and request from you;
(c) you breach any of the restrictions in section 9;
(d) we reasonably believe that you are using (or are allowing someone else to use) the Platform or the Service in breach any applicable laws, rules, or regulations, or in furtherance of illegal, fraudulent, or prohibited activities; or
(e) we are required to do so by any law, regulation, court order, or instruction from an ombudsman, regulator, or government body.
6.3 We own all rights, title, and interest (including intellectual property rights) in and to the Service, our website, and our technology. If you choose to give us feedback or suggestions about any part of the Service, our website, or our technology we may use them without any limitations.
7. YOUR ACCESS TO THE SERVICE
7.1 Each time you use the Service, you will be bound by the version of these terms of use in force at that time. Updates to these terms of use will be communicated to you as set out in section 2.2.
7.2 By using the Service, you confirm that:
(a) the credentials you use to log in to your online account with your Account Provider are your own and you are duly authorised to use the credentials to connect your accounts to the Service;
(b) when you are using the Service, you give us your express permission under the Payment Services Regulations 2017 to retrieve and share account information from your selected accounts with you.
7.3 While we endeavour to ensure that the Platform and the Service are normally available 24 hours a day, we will not be liable to you if for any reason they are unavailable at any time or for any period.
7.4 Access to the Platform and the Service may be suspended temporarily and without notice in the case of system failure, maintenance, or repair, or for reasons beyond our control.
8. YOUR PRIVACY
8.1 We are committed to respecting your privacy and the privacy of all individuals using the Platform and the Service. More information on how we may use your personal data can be found in the Privacy Policy and the service specific Privacy Notice, and those terms will apply to your use of the Platform and the Service.
9. RESTRICTIONS
You must not:
9.1 use the Platform and/or Service for any non-personal commercial purposes (e.g., for the benefit of a business that you operate or are employed by);
9.2 breach or attempt to breach the security of the Platform and/or Service (including, without limitation, by hacking or inserting malicious code);
9.3 resell the Platform and/or Service;
9.4 infringe our or any third party’s intellectual property rights in your use of the Platform, Service, and/or the Content;
9.5 rent, lease, loan, assign, distribute, license, sublicense, or otherwise transfer, the Platform, the Service, or any Content to any person or third party;
9.6 delete or modify any copyright or other intellectual property notices or watermarks on the Service, the Platform, or any Content;
9.7 copy, modify, disassemble, decompile, reverse-engineer, or create derivative works based on the whole or any part of the Service or the Platform, except to the extent allowed by law;
9.8 frame or use any framing techniques to enclose the Platform or any part of it;
9.9 take any action that places an unreasonable or disproportionately large load on servers or other infrastructure used by us; or
9.10 use the Platform and/or Service in any way which may cause, or be likely to cause, access to or use of the Platform and/or Service to be interrupted, damaged, or impaired in any way.
10. DISCLAIMER
10.1 We do not provide financial advice. The Service does not constitute financial advice and should not be considered to be such.
10.2 Other than as expressly set out in these terms of use or as implied by applicable consumer law, we do not make any commitments or promises to you about our Service. For example, we do not promise that any Content or the functions of the Service will be suitable for any specific needs that you may have. This does not affect your statutory rights.
10.3 We will provide the Service with reasonable care and skill. However, we will not be liable or responsible for any failure to provide the Service or unavailability of the Service that is caused by any act or event beyond our reasonable control, including:
(a) your own error;
(b) restrictions placed on our ability to provide the Service by your Account Provider;
(c) unavailability of third-party platforms that we rely on to provide the Service, including those of your Account Provider;
(d) errors caused by API providers (or similar) that we rely on to provide the Service; or
(e) network problems or outages,
(each, an “Event Outside Our Control”). We will reasonably endeavour to find a solution or workaround to the Event Outside Our Control so that we can make the Service fully available as soon as reasonably possible.
10.4 The Account Information displayed in providing the Service is based on the copy of the information last obtained by us from your Account Provider (as described in section 4).
10.5 While we hope the Account Information will be useful to you, we are not responsible for any decisions you make or actions you take on the basis of your access to the Account Information or use of the Service generally. This includes any decisions to commit to any purchases or to enter into or amend any other financial commitments.
10.6 While we take reasonable steps to protect the security of the Platform and the Service, we do not promise that they are free from viruses, malware, and other digital security threats. You should take standard precautions to protect yourself, your systems, your equipment, and the Account Information that you access via the Service from such threats.
10.7 We are not responsible for any problems that you might have with the functionality or suitability of your Account Provider.
10.8 We are responsible for retrieving and transmitting your Account Information safely and securely but not for the content of the Account Information provided to us by your Account Provider, which is the responsibility of your Account Provider. We are therefore not responsible for any inaccuracies, omissions, or errors in that Account Information.
10.9 Your use of the account and related services provided by the Account Provider will be subject to other terms and conditions provided by the Account Provider. These terms of use will not affect any of those terms. In particular, your Account Provider will have separate rules on data protection that will apply to your use of their services.
10.10 If following your use of the Service you notice unauthorised or suspicious transactions on your account with your Account Provider, you should immediately contact your Account Provider who may be responsible for investigating the matter and reimbursing you when necessary.
11. INDEMNITY
11.1 To the extent permitted by applicable law, you agree to defend, indemnify, and hold harmless Apple Payments Services Limited, its parents, subsidiaries, and affiliates, and each of their respective officers, directors, employees, agents, and advisors from any and all claims, liabilities, costs, and expenses, including, but not limited to, attorneys’ fees and expenses, arising out of a breach by you of these terms or arising out of a breach of your obligations, representations, and warranties under these terms.
12. LIABILITY
12.1 Nothing in these terms of use will exclude or limit our liability for losses which may not be lawfully excluded or limited by applicable law. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents, or subcontractors and for fraud or fraudulent misrepresentation. Subject to sections 12.1 and 12.2, we will not be liable to you for any:
(a) loss or damage that is not ‘foreseeable’ (loss or damage is ‘foreseeable’ if either it is obvious that it will happen or if, at the time you agree to these terms of use, both you and we are aware that it might happen); or
(b) loss or damage which may be incurred by you as a result of:
(i) any inaccuracies, omissions, or errors in the Account Information provided to us by the Account Provider;
(ii) any reliance placed by you on any statements contained in third party advertising that is made available on the Platform or the Service;
(iii) the deletion of or failure to store any Content and other communications data maintained or transmitted by or through your use of the Platform or the Service (it is your responsibility to make and retain copies of the Account Information if you require such copies); or
(iv) your failure to comply with these terms of use or provide us with accurate information.
12.2 Save to the extent that these terms of use state otherwise, nothing in these terms of use will exclude or limit your liability under section 11 (Indemnity).
12.3 Please also see the ‘disclaimers’ set out in sections 7.3 and 10, which contain other important limitations on our liability to you.
12.4 Subject to section 12.1 and to the extent allowed by law, our total aggregate liability to you under these terms of use including for any issues, claims or disputes relating to the Platform or Service, will be limited to GBP £50.00.
13. TERM, TERMINATION, AND CANCELLATION
13.1 You may stop using the Platform and the Service at any time, at which time these terms of use will terminate. However, certain sections under these terms of use will by their nature apply even when you no longer use the Platform or Service, for example section 12 (Liability).
13.2 We may terminate these terms of use (and therefore your right to access and use the Platform and the Service) immediately by written notice to you:
(a) if you breach these terms of use in a serious or repeated manner;
(b) if you breach section 4.7;
(c) if you breach any of the restrictions in section 9;
(d) if we reasonably believe that you are using (or are allowing someone else to use) the Platform or the Service in breach any applicable laws, rules, or regulations, or in furtherance of illegal, fraudulent, or prohibited activities; or
(e) if we are required to do so by any law, regulation, court order, or instruction from an ombudsman, regulator, or government body.
13.3 We may also terminate these terms of use (and therefore your right to access and use the Platform and the Service) without cause, including if we decide to cease to provide the Service, by providing at least 30 days’ advance written notice to you.
13.4 On termination for any reason:
(a) all rights to use the Service and Platform granted to you under these terms of use will cease; and
(b) you must immediately cease all use of the Service and Platform.
14. OTHER
14.1 To contact us or make a complaint about the Service, you can:
Call us on 0800 107 6285 between 8am and 7.45pm UK time (available 7 days a week)
or
Visit: https://www.apple.com/uk/legal/applepaymentsservices/
14.2 If you have made a complaint and you are unhappy with how we have treated it, you may be able to refer your complaint to the Financial Ombudsman Service (FOS). You can contact the FOS by email to complaint.info@financial-ombudsman.org.uk, phone at 0800 023 4567, or online at financial-ombudsman.org.uk.
14.3 The FCA’s contact details are as follows:
Financial Conduct Authority 12 Endeavour Square London, E20 1JN Contact Centre: 0300 500 0597 Consumer Helpline: 0800 111 6768
14.4 All communications in relation to these terms of use or the Service will be in English.
14.5 We may transfer our rights and obligations under these terms of use to another organisation, but this will not affect your rights or our obligations under these terms of use.
14.6 You may only transfer your rights or obligations under these terms of use to another person if we agree in writing.
14.7 A person who is not a party to these terms of use has no right to enforce any term of these terms of use.
14.8 If we fail to insist that you perform any of your obligations under these terms of use, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
14.9 Each of the conditions of these terms of use operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining terms will remain in full force and effect.
14.10 These terms of use will be governed by and construed in accordance with English law.
14.11 Any claim or dispute between you and us arising in connection with these terms of use, the Platform, or the Service will be subject to the exclusive jurisdiction of the English courts. However, you may also raise a complaint with the FOS as described in section 14.2.
last updated June 28, 2024