Online Banking and Mobile Banking Agreement and Disclosure

 

Introduction

 

This Agreement covers your and our rights and responsibilities for the Electronic Funds Transfer ("EFT") services offered to you by University Credit Union (UCU). When you use an EFT service, each of you, jointly and severally, agree to the terms and conditions in this Agreement, and any amendments including the Bill Payment Service Agreement and Mobile banking Service Addendum, as applicable. UCU's Electronic Funds Transfers ("EFTs") are electronically initiated transfers of money online banking (Internet) involving your accounts at UCU. The terms of this Agreement apply to consumer, business and organization EFT users in the same manner, except as specifically provided.

 

Account Access

 

You may use your computer, laptop, phone, tablet or other computing device ("Computing device") to access your accounts. You will need a computing device and access to the Internet or data, and UCU's Mobile Banking Application. You must use your access code (password) along with your user name to access your accounts. The online banking services are accessible 7 days a week, 24 hours a day. You are responsible for the installation, maintenance and operation of any software and your computing device. UCU will not be responsible for any errors or failures involving telephone service, any Internet service provider, your software installation or your Computing device. Refer to our Online Banking, Bill Payment Service, and Mobile Banking Disclosures and Agreements.

 

By enrolling in the Multi Account View Service, you certify you are an owner, joint owner or custodian on the accounts represented in your enrollment. you understand that all owners of your accounts or anyone with whom you share your Password or any access code will be an Authorized User, and that authority will be considered unlimited in amount and manner with full authority to perform all transactions relating to the stated accounts, until you notify UCU, in writing of the revocation of such authority. You agree that you are and will remain fully responsible for any transactions made by such persons on your accounts except transactions that occur after UCU has been notified of any revocation of authority and has had a reasonable opportunity to act upon such notice.

 

Online Banking Transactions

 

At the present time, you may use the online banking services to: (1) Transfer funds between your checking, savings account, and loan accounts; (2) Review account balance and account transaction information for any of your accounts; (3) Pay bills; (4) Communicate with UCU using the email feature. Transactions involving your deposit accounts will be subject to your Membership and Account Agreement and transactions involving a loan account will be subject to your Consumer Loan Agreement and Disclosures.

 

Mobile Banking Transactions

 

At the present time, you may use the mobile banking services to: (1) Transfer funds between your checking, savings account, and loan accounts; (2) Review account balance and account transaction information for any of your accounts; (3) Pay bills; and if eligible, (4) Make check deposits. Transactions involving your deposit accounts will be subject to your Membership and Account Agreement and transactions involving a loan account will be subject to your Consumer Loan Agreement and Disclosures.

 

Bill Payment Services

 

The Bill Payment Service permits you to use your Internet-enabled device to direct payments from your designated online Bill Payment Account to third parties you wish to pay. Your Bill Payment Account must be a primary checking account. Through the Bill Payment Service, you can pay bills from your Bill Payment Account to businesses or individuals.

All payments you make will be deducted from the checking account that you designate as your Bill Payment Account for the Bill Payment Service. Any payments you wish to make through this Service must be payable in U.S. dollars to a payee located in the continental United States. We reserve the right to restrict types of payees to whom payments may be made using the Service from time to time. You should not use the Bill Payment Service to make payments to settle securities purchases, payments to interest bearing accounts, tax payments, or court ordered payments. Payments for these payees will be your sole responsibility if delayed or improperly processed or credited.

 

Scheduling Payments. Funds must be available in your Bill Payment Account on the scheduled payment date. If the date you schedule a payment to be initiated falls on a non-business day (Saturday, Sunday, or holiday), funds must be available in your Bill Payment Account the following business day (e.g. Monday). After funds are withdrawn from your Bill Payment Account to make a payment, we may make the payment either by transferring funds electronically to the payee or by mailing the payee a check.
 

You may choose to schedule payments to recur in the same amount at regular weekly, monthly, or semi-monthly intervals. When you create a new payee in the Bill Payment Service, it takes two (2) business days to set up the payee to receive payments. You should schedule a payment to a new payee at least ten (10) business days before any payment due date, to allow us time to set up the payee and verify information about your account with the payee.
 

For all subsequent payments, you agree to allow at least four (4) to ten (10) business days between the date you schedule a payment to be initiated and the payment due date (that is, the due date shown on your invoice or provided in your agreement with the payee, not taking into account any applicable grace period). If the payment is an Automatic Clearing House (ACH) electronic payment, it will take up to four (4) business days to reach the payee. However, if the company or person that you are paying cannot accept an electronic payment, the Bill Payment Service will send a check that may take up to ten (10) business days. If you do not follow these time frames, you will be fully responsible for all late fees, finance charges or other actions taken by the payee. If you schedule your payment and follow all instructions provided, but the payment is not received by the payee in a timely manner, UCU will work with the payee on your behalf to reverse any late fees or charges.
 

No Duty to Monitor Payments. UCU is only responsible for exercising ordinary care in processing and sending payments upon your authorization in accordance with this Agreement. UCU will not be liable in any way for damages you incur for any of the following reasons:

 

  • insufficient funds in your Bill Payment Account to make the payment on the processing date;
  • delays in mail delivery;
  • changes to the payee's address or account number unless we've been advised of the change in advance
  • the failure of any payee to correctly account for or credit the payment in a timely manner, or
  • any other circumstances beyond the control of UCU.

 

If the session during which you schedule a payment or transfer ends by 2:00 pm PST., UCU will be considered to have received it on that day. Otherwise, it will be considered received on the following business day. For all entries made using the Services, the time recorded by the Online Banking Service will be considered the official time of the transaction.

 

If your Bill Payment Account does not have sufficient funds to make a payment as of the date the payment is debited to your account, the Bill Payment Service will automatically block future Bill Payment Service until the account has sufficient funds to make the payment. UCU will attempt to notify you by e-mail or U.S. Postal Mail, but UCU shall have no obligation or liability if it does not complete a payment because there are insufficient funds in your account to process a payment. In all cases, you are responsible for either contacting UCU at 800.UCU.4510 to either make alternate arrangements for the payment or reschedule the payment through the Service. In the case of fixed payments, only the payment currently scheduled will be impacted. Fixed payments scheduled for future dates will not be affected.

 

Cancel or Change Payment Instructions. Payments must be changed or canceled using the Service prior to 3:00 pm PST on the business day the transaction is scheduled to be initiated. If you ask us to cancel a payment after it is issued and we agree to do so, we may charge you a stop payment fee. Stop payment orders whether oral, written, or electronic, will be in effect for a period of six (6) months. If requested by UCU, you will confirm any stop payment order in writing. After six (6) months, any stop payment will terminate and must be renewed in order to continue in effect. UCU may pay any item that is presented following the lapse of any stop payment order.

 

No Signature Required. When any payment or other online Service generates items to be charged to your account, you agree that we may debit your Bill Payment account without requiring your signature on the item and without prior notice to you.

 

Multiple Person Bill Payment Accounts.  If more than one person has access to a Bill Payment account, each person may individually enroll in the Bill Pay service.  Each enrolled person needs a unique password but may choose to use the same payee list. Each individual may terminate her/his enrollment in the Bill Payment service without affecting the Service for any other person enrolled in that Bill Payment account. However, any enrolled person may terminate the Bill Payment service that will terminate the service for all enrolled persons on that Bill Payment account.

 

Service Limitations

 

The following limitations on the availability and number and dollar amount of transactions may apply in using the online banking services listed above:

 

Transfers

 

You may make funds transfers to your accounts or other accounts you authorize as often as you like. However, transfers from a savings account will be limited to a total of six (6) in any one month. You may transfer or withdraw up to the available balance in your account or available credit line at the time of the transfer, except as limited under other agreements. UCU reserves the right to refuse any transaction that would draw upon insufficient or unavailable funds, lower an account below a required balance, or otherwise require us to increase our required reserve on the account.

 

Account Information

 

The account balance and transaction history information may be limited to recent account information. The availability of funds for transfer or withdrawal may be limited due to the processing time for ATM transactions and our funds availability policy.

 

Termination of EFT Services

 

You agree that we may terminate this agreement and your use of your EFT service if:

 

  • You or any authorized user of your account or access code breach this agreement with us;
  • We have reason to believe that there has been an unauthorized use of your account or access code;
  • You breach any provision of your Membership and Account Agreement or any other agreement with UCU.

 

You or any other party on your account can terminate this agreement by notifying us in writing. Termination of service will be effective the first business day following receipt of your written notice. However, termination of this agreement will not affect the rights and responsibilities of the parties under this Agreement for transactions initiated before termination.

 

Notices

 

UCU reserves the right to change the terms and conditions upon which this service is offered. UCU will mail notice to you at least twenty-one (21) days before the effective date of any change, as required by law.

 

Use of any electronic funds transfer service is subject to existing regulations governing your account and any future changes to those regulations

 

Purchase Rewards — End User License Agreement

 

In addition to the above content, if you decide to use the Purchase Rewards application, you acknowledge and agree to the following terms and conditions of service.

 

License Grant and Restrictions

 

You are granted a personal, limited, non-exclusive, non-transferable license, to electronically access and use the purchase rewards application ("Purchase Rewards") to benefit from your debit card purchases.

 

In addition to the Purchase Rewards , the term "Purchase Rewards " also include any other programs, tools, internet-based services, components and any "updates" (for example, Purchase Rewards information, help content, bug fixes, or maintenance releases, etc.) of Purchase Rewards  if and when they are made available to you by us or by our third party vendors. Certain Purchase Rewards may be accompanied by, and will be subject to, additional terms and conditions.

 

You are not licensed or permitted to do any of the following and you may not allow any third party to do any of the following: (i) access or attempt to access any other systems, programs or data that are not made available for public use; (ii) copy, reproduce, republish, upload, post, transmit, resell or distribute in any way the material from the FinanceWorks site or from the Purchase Rewards  program; (iii) permit any third party to benefit from the use or functionality of the Purchase Rewards , or any other services provided in connection with it, via a rental, lease, timesharing, service bureau, or other arrangement; (iv) transfer any of the rights granted to you under this license; (v) perform or attempt to perform any actions that would interfere with the proper working of the Purchase Rewards  or any services provided in connection with it, prevent access to or the use of the Purchase Rewards  or any or services provided in connection with it by other licensees or customers; or (vi) otherwise use Purchase Rewards  or any services provided in connection with it except as expressly allowed under this Section 1.

 

Ownership

 

The Purchase Rewards are protected by copyright, trade secret and other intellectual property laws. You do not have any rights to the trademarks or service marks.

 

Your Information and Account Data with Us

 

You are responsible for (i) maintaining the confidentiality and security of your access number(s), password(s), security question(s) and answer(s), account number(s), login information, and any other security or access information, used by you to access Purchase Rewards  or any services provided in connection with it, and your accounts with us (collectively, "Licensee Access Information"), and (ii) preventing unauthorized access to or use of the information, files or data that you store or use in or with the Purchase Rewards  or any services provided in connection with it (collectively, "Account Data"). You are responsible for providing access and assigning passwords to other users, if any, under your account for the Service, Purchase Rewards or any services provided in connection with it, and ensuring that such authorized users comply with this Agreement. You will be responsible for all electronic communications, including account registration and other account holder information, email and financial, accounting and other data ("Communications") entered using the Licensee Access Information. It is assumed that any Communications received through use of the Licensee Access Information were sent or authorized by you. You agree to immediately notify us if you become aware of any loss, theft or unauthorized use of any Licensee Access Information. We reserve the right to deny you access to Purchase Rewards or any services provided in connection with it (or any part thereof) if we reasonably believe that any loss, theft or unauthorized use of Licensee Access Information has occurred. You must inform us of, and hereby grant to us and our third party vendors permission to use, Licensee Access Information to enable us to provide the Purchase Rewards  or any services provided in connection with it to you, including updating and maintaining Account Data, addressing errors or service interruptions, and to enhance the types of data and services we may provide to you in the future.

We may use anonymous, aggregate information, which we collect and store, or which is collected and stored on our behalf by third party vendors, to conduct certain analytical research and help us to create new offerings and services for our customers. As we make additional offerings and online banking services available to you, some of which may rely on banking information maintained in your accounts, you will have the opportunity to participate in the services if you choose. If you choose not to participate, you do not need to notify us. We may also use anonymous, aggregate information which we collect and store, or which is collected and stored on our behalf by third party vendors, to (i) conduct database marketing and marketing program execution activities; (ii) publish summary or aggregate results relating to metrics comprised of research data from time to time; and (iii) distribute or license such aggregated research data to third parties. Additionally, automated technology may be used to tailor messages or advertisements that best reflect your interest and needs.

 

Your Information and Account Data with Other Financial Institutions

 

Our Money Management Tool allows you to view accounts that you may have outside our financial institution (this is a process called "aggregation"). When you choose to use online financial services, which are applicable to data that you have transacted with other financial institutions or card issuers, you are consenting to us accessing and aggregating your data from those outside financial institutions. That data includes your financial institution account access number(s), password(s), security question(s) and answer(s), account number(s), login information, and any other security or access information used to access your account(s) with other financial institutions, and the actual data in your account(s) with such financial institution(s) such as account balances, debits and deposits (collectively, "Financial Account Data"). In giving that consent, you are agreeing that we, or a third party vendor on our behalf, may use, copy and retain all non-personally identifiable information of yours for the following purposes: (i) as pertains to the use, function, or performance of the services which you have selected; (ii) as necessary or useful in helping us, or third parties on our behalf, to diagnose or correct errors, problems, or defects in the services you have selected; (iii) for measuring downloads, acceptance, or use of the services you have selected; (iv) for the security or protection of the services you have selected; (v) for the evaluation, introduction, implementation, or testing of the services you have selected, or their upgrade, improvement or enhancement; (vi) to assist us in performing our obligations to you in providing the services you have selected.

 

If we make additional online financial services available to you which are applicable to data that you have transacted with other financial institutions or card issuers, and which we will aggregate at this site, we will separately ask for your consent to collect and use that information to provide you with relevant  and services. If you give us your consent, you will be agreeing to permit us to use financial account data to help us suggest savings opportunities or additional products and services to you.

 

If you select services that are offered by third parties or merchants through such  or on our behalf, you will be agreeing that we have your consent to give such third parties or merchants your geographic location, and other data, collected and stored in aggregate, as necessary for such third parties or merchants to make their offerings and services available to you and to permit us to use financial account data to help us suggest savings opportunities or additional products and services to you. Except as specified here, we and the third parties or merchants acting on our behalf shall not use or keep any of your personally identifiable information.

 

Third Party Services

 

In connection with your use of Purchase Rewards, or any other services provided in connection with it, you may be made aware of services, products, and promotions provided by third parties, ("Third Party Services"). If you decide to use Third Party Services, you are responsible for reviewing and understanding the terms and conditions governing any Third-Party Services. You agree that the third party is responsible for the performance of the Third-Party Services.

 

Third Party Websites

 

We do not review, approve, monitor, endorse, warrant, or make any representations with respect to Third Party Websites, and the inclusion of any link in Purchase Rewards or any other services provided in connection with it is not and does not imply an affiliation, sponsorship, endorsement, approval, investigation, verification or monitoring by us of any information contained in any Third Party Website. In no event will we be responsible for the information contained in such Third-Party Website or for your use of or inability to use such website. Access to any Third-Party Website is at your own risk, and you acknowledge and understand that linked Third Party Websites may contain terms and privacy policies that are different from ours. We are not responsible for such provisions, and expressly disclaim any liability for them.

 

PURCHASE REWARDS. If you decide you wish to participate in the Purchase Rewards Program, you acknowledge and agree to the following terms and conditions of service.

Purchase Rewards. You will earn rewards for your participation in the Purchase Rewards Program based on total purchases. If you participate in the Purchase Rewards, we will credit all cash or point rewards earned to your rewards balance and send you a lump sum of all rewards due to you. For any qualifying purchases during the current month, we will distribute the lump sum amount to you during the following calendar month. For example, if the payment date of all rewards end user disbursements is August 30, the applicable Measurement Period would be the calendar month ended July 31. Cash rewards will be deposited in the Purchase Rewards deposit account which is associated with the Purchase Rewards Program.

 

Purchase Rewards Account. You must use the debit card associated with the Purchase Rewards Account in order to receive the which qualify for the rewards. Rewards will not be earned for any portion of your purchase that you pay for with store credit, gift certificates or other payment types.

 

Purchases must be made as indicated in the made available under the Purchase Rewards Program. Each offer will specify whether the purchase can be made online, at a store location, or by telephone to be eligible for rewards. You must also comply with any guidelines included with the offer, such as offer expiration dates, minimum purchase amounts, purchase limits, etc. You must also pay using the debit card associated with the account that received the Purchase Rewards Offer in order for the purchase to qualify.

While we and the merchants work hard to properly track and credit all eligible purchases, there may be times that we are unable to do so because of problems with your internet browser, the merchant's web site or our system. Please contact our support team if you believe you have made a qualifying purchase for which you did not receive rewards.

Please note that you will not earn rewards as part of this program if you use a debit card not issued by us or do not have the designated deposit account opened with us at the time of disbursement.

 

You understand and agree that we make no warranties and have no liability as to:

 

  • Any, commitments, promotions, money back, or other incentives offered by any of the merchants in the Purchase Rewards Program.
  • The rewards information that we provide to you, which is provided "as is" and "as available".
  • (i) your inability to comply with offer guidelines, (ii) the accuracy, timeliness, loss or corruption, or mis-delivery, of any qualifying purchase information or any other information, (iii) unauthorized access to your account(s) or to your account information and any misappropriation, or alteration, of your account information or data, to the extent that the unauthorized access results from your acts or omissions, or (iv) your inability to access your account(s) including, but not limited to, failure of electronic or mechanical equipment, interconnect problems with telephone providers or internet service providers, acts of God, strikes, or other labor problems.
  • Some states do not allow limitations on how long an implied warranty lasts, so that the above limitations may not apply to you, and that you may also have other rights, which vary from state to state.