Peninsula Online Services Electronic Funds Transfer Terms, Conditions, and Disclosures
This Internet Service Electronic Funds Transfer Disclosure and Agreement as amended from time to time (“Agreement”) sets forth the terms and conditions governing the use of Peninsula Credit Union’s “Internet Account Access” and “Mobile Banking”, “P2P Payments” and “External Funds Transfer “ services (Collectively “Peninsula Online Services”).
By completing the enrollment process and using, or allowing another person to use, the Peninsula Online Services offered through Peninsula Community Federal Credit Union, you are agreeing to be bound by the terms and conditions of this Agreement. In this Agreement, the terms “you” and “your(s)” refer to the member, and the terms “we”, “us”, “our(s)” and “Credit Union” refer to Peninsula Community Federal Credit Union.
The terms of this Agreement apply to both consumer and business members, except as specifically provided in this Agreement. For consumer accounts, the primary accountholder may enroll in the Electronic Services and is responsible for the acts of any joint accountholder. Anyone enrolling represents that he or she is the primary accountholder and is authorized to enroll in the Service. Anyone using the Electronic Services represents that he or she has full authority to use the Services and to engage in any action taken by him or her. For business and organizational accounts, the Electronic Services may be established by any authorized user of the account holder. Any joint accountholder or an authorized user, acting alone, may affect transactions through the Electronic Services.
Please read this Agreement completely and retain it with your personal records.
You agree that by use of the Peninsula Online Services and your obligations under this agreement that you are consenting to the electronic delivery to you by the Credit Union of all disclosures and other information required by law.
By accessing the Peninsula Online Services, you acknowledge electronic receipt of the Credit Union’s Peninsula Online Services Electronic Funds Transfer Disclosure and Agreement. You agree that you have read this Agreement in its entirety and will abide by its terms and conditions.
The terms in this Agreement are in addition to the terms of any deposit account agreements you have with the Credit Union, including your signature card, the Membership and Account Agreement containing the terms of your accounts, the accompanying schedules, and any change of terms notices and to the terms of any credit agreements you have with the Credit Union, including any disclosures made pursuant to such agreements.
Peninsula Online Services Enrollment
Peninsula Community Federal Credit Union reserves the right to refuse enrollment in Peninsula Online Services to any member who does not meet the criteria established by the Credit Union. Such criteria include, but are not limited to, dormant accounts, restricted accounts, and accounts with bad addresses.
Additional Services or Amendments to Services
We may introduce additional services or enhance the existing services from time to time. We will notify you when these new or enhanced services are available. Some services may be at no additional cost to you and others may involve a specified fee. You understand that the Credit Union is not obligated to offer such services and may withdraw or change them at any time.
By using these services when they become available, you agree that they will be governed by these Terms, Conditions, and Disclosures as well as any additional terms, conditions, and disclosures we provide to you.
The Credit Union may change the terms and conditions of this Agreement from time to time by mailing written notice to you at your address as it appears on our records. If any change results in greater cost or liability to you or decreases access to your accounts, you will be given at least twenty-one (21) days prior notice of the change. Prior notice may not be given where an immediate change in terms or conditions is necessary to maintain the integrity of the system and/or the security of our Peninsula Online Services or designated accounts.
To use Peninsula Online Services, you need a personal computer (PC) or Apple MacIntosh equipped with Internet access and Web browser. (You may not be able to use Web TV with the Peninsula Online Services). Our Internet service requires the use of Firefox, Microsoft Internet Explorer, Opera or Google Chrome (optimum performance with latest version of these web browsers).. Other browsers may be used as long as they support tables, Java script, and secure connections using RSA encryption and SSL. Use of these Web browsers help keep your confidential financial data encrypted. You are responsible for any and all telephone access fees or Internet service fees that may be assessed by your telephone company or Internet service provider. You understand the Credit Union does not make any warranties on equipment, hardware, software or Internet Provider Service, or any part of them, expressed or implied, including, without limitation, and warranties of payee ability or fitness for a particular purpose. The Credit Union is not responsible for any loss, injury, or damages, whether direct, indirect, special or consequential, caused by the Internet Service Provider, any related software, or the Credit Union’s Online or the use of any of them or arising in any way out of the installation, use or maintenance of your personal computer hardware, software, files or other equipment. The Credit Union is not responsible for any electronic virus or viruses that you may encounter. We suggest that you routinely scan your personal computer using a virus protection product.
You or any other party to your account may terminate this Agreement with us at any time by notifying us in writing. To terminate this Agreement, you must notify the Credit Union, providing your name and address, indicating the Service (s) you are discontinuing, and stating the termination date of the Service(s). Notice of termination shall not be effective at the Credit Union until the business day after the business day on which such notice is actually received by the Credit Union. Termination of this agreement will not affect the rights and responsibilities of the parties under this Agreement for transactions initiated before termination.
The Credit Union reserves the right to terminate this Agreement and/or your use of Peninsula Online Services with or without cause. We may do so immediately if:
- you or any authorized user of your account breaches this or any other agreement with the Credit Union;
- you do not pay any fee required by this Agreement when due;
- we have reason to believe that there has been or might be an unauthorized use of your account; or
- you or any authorized user of your account requests that we do so;
- due to inactivity (no sign-on activity for 3 months). *
- your accounts are not maintained in good standing.
*Reactivation is available upon request.
- Transactions Available with Internet Account Access
- The following is a list of transactions available when you have logged on to Internet Account Access:
- obtain balances and other account details on your share and loan accounts;
- obtain account history information on your share and loan accounts;
- make transfers between your Share/Savings, Share Draft/Checking, Share/Loan; Shares Plus/ accounts and limited/qualified Certificate transfers
- transfer funds from your Line of Credit to your share checking, share savings, and Shares Plus/ accounts; * review up to four months of account history
- inquire about specific check numbers to determine if/when the checks have cleared your account
- make stop payments – by logging onto the site, you agree to approval for a stop payment as if it were your signature on the stop payment form.
- communicate with the Credit Union using the electronic mail feature.
- designate accounts at the Credit Union to give you the ability to transfer funds to accounts other than the one you are logged into.
- change e-mail online.
- change mailing address.
- change phone number.
- add funds to an “add on” style certificate.
- set up recurring transfers.
- mobile banking.
- Peninsula Financial Manager (our money management tool)
The Credit Union reserves the right in its sole discretion to deny Internet Account Access transactions.
Peninsula Online Service’s Internet Account Access Limitations
- No more than six preauthorized, automatic, or telephone transfers may be made from your Share/Savings/Shares Plus/Summit deposit account to another account at the Credit Union or to a third party in any calendar month. If you exceed, or attempt to exceed, these transfer limits, the excess transfer requests may be refused or reversed, a fee may be imposed on the excess transfer request, and the Credit Union may reclassify or close your account. Transfers completed in person at a Credit Union office, through an ATM or POS facility, or by a withdrawal check mailed directly to you are not counted toward the limit of six per month.
- Advances under your loan agreement to one of your accounts may not exceed your available credit limit. Any transfers from your line(s) of credit will result in you obtaining a loan under the terms previously disclosed to you.
- Your mortgage loan payments must be equal to or greater than the scheduled amount. Partial mortgage loan payments are not allowed.
- No transfers may be made from an account that requires two or more signatures.
- Balance and transaction information provided on any day will generally be current as of that day (excluding outstanding checks written that have not cleared your account and/or outstanding Visa debit transactions).
- The Credit Union reserves the right to limit the frequency and dollar amount of transactions from your account for security reasons.
- The account balance and transaction history information may be limited to recent account information involving your accounts. Also, the availability of funds for transfer or withdrawal may be limited due to the processing time for ATM transactions and our Funds Availability Policy.
- The Credit Union may not immediately receive E-mail communications that you send and the Credit Union will not take action based on E-mail requests until the Credit Union actually receives your message and has a reasonable opportunity to act.
- Requests for transfer privileges or overdraft protection from a separate account number is referred to as a cross-account relationship. Upon approval, any authorized signer on an account can set up a cross-account relationship, as long as he/she is also an authorized signer on the account that will be accessed for such requests.
The Account Alerts service is a tool for managing accounts. However, Account Alerts should not be relied upon solely for account information. Although the Credit Union makes every effort to ensure alerts are delivered as expected, there are conditions that may make the alerts unreliable such as, but not limited to: spam filters, relay detectors, inaccurate or obsolete email addresses, network or system failures, etc. The Credit Union recommends that the service be tested prior to regular use to identify any limiting conditions that may be present. The Credit Union does not guarantee the delivery of any account alert
Secure Messaging or E-Mail
You may use the “Contact Us” e-mail function within PCU Online to send messages to us during business hours. However, the E-Mail function may not, be used to initiate a transfer on your account. The Credit Union may not immediately receive messaging communications sent by you; therefore, the Credit Union will not take action on transaction requests. Contact the Credit Union immediately regarding any unauthorized transaction or stop payment request; call the Credit Union at the telephone number 1-800-426-1601 or any other number for Peninsula Credit Union that we have published.
Personal Financial Management Service
The personal financial management service allows you to consolidate and track your financial information within the Home Banking service. The service is provided to assist you in organizing and managing your finances. The budgeting tools are for informational purposes only, and are not intended to provide legal, tax or financial advice. Your data input will directly affect the quality of the budgetary data output. Access to the Personal Finance Management Service may be temporarily unavailable from time to time due to system updating, maintenance or technical difficulties. You agree that the Credit Union will not be liable for delay in such cases.
You may add information about accounts accessible at other web sites that you maintain at other institutions. When you use Peninsula’s Financial Management Service to access a third party web site you designate, you agree to the following: 1) You authorized Peninsula Community Federal Credit Union and its providers to access the third party web sites and accounts you designate to retrieve account information on your behalf, and you appoint us as your agent for this limited purpose. In addition, you hereby grant Peninsula Community Federal Credit Union and its providers as your true and lawful attorney-in-fact, with full power of substitution and re-substitution, for you and in your name, place and stead, in any and all capacities, to access third party web sites, retrieve account information, and use your information, for the purpose of accessing your accounts and operating Financial Management Service , with full power and authority to do and perform each and every act and thing requisite and necessary to be done in connection with such activities, as fully to all intents and purposes as you might or could do in person. 2) You represent that you are a legal owner of the accounts at third party web sites which you include in Financial Management Service and that you have the authority to (i) designate us as your agent, (ii) use Financial Management Service and (iii) give us your passwords, usernames, and all other information you provide. 3) YOU AGREE AND ACKNOWLEDGE THAT WHEN WE ACCESS AND RETRIEVE INFORMATION FROM THE THIRD PARTY WEB SITE, WE ACT AS YOUR AGENTS, AND NOT THE AGENTS OR ON BEHALF OF THE THIRD PARTY. 4) Financial Management Service does not have the capability to initiate transactions affecting your financial accounts or provide notices or instructions affecting such financial accounts. When you access a third party web site through Financial Management Service, you open a new browser window to directly connect you to the third party web site and submit information you have designated to allow further access to that site. Transactions and inquiries you initiate at such a site are not made through Financial Management Service, and we have no responsibility for such transactions. You are responsible for all fees charged by the third party in connection with such transactions and accounts, and you agree to comply with the terms and conditions of those accounts. If you have a dispute or question about any transaction on such site, you agree to direct these to the account provider. 5) Third party web sites shall be entitle to rely on the above authorizations, agency and power of attorney granted by you. 6) Financial Management Service is not sponsored or endorsed by any providers of the third party accounts you access through Financial Management Service , except for affiliates of Peninsula Community Federal Credit Union. 7) Balances shown on Financial Management Service reflect the most recent refresh and may not be accurate if a refresh was not successfully completed or the information obtained during the refresh from the third party is otherwise not accurate or current. Data and information is provided for informational purposes only, and is not intended for trading or transactional purposes. You agree that we are not liable for any errors or delays in the content, or for any actions taken in reliance thereon. The services which you may be able to access through Financial Management Service are services of the listed institutions. Financial Management Service provides links to selected institutions for your convenience only. We do not endorse or recommend the services of any institution. The third party institution you select is solely responsible for its services to you. We are not liable for any damages or costs of any type arising out of or in any way connected with your use of the services of the institution. 8) You may also add information into Financial Management Service for accounts not available at other web sites or which are not linked to Financial Management Service. In such case, you are solely responsible for the accuracy of such information.
P2P (Person-to-Person) Payments
The following Terms and Conditions (“Agreement”) apply to our P2P (Person-to-Person) Payments service.
By accepting this Agreement and by using P2P Payments, you agree to all the terms, conditions and notices contained in this Agreement and accept responsibility for your use of P2P Payments. Please read this Agreement carefully before accepting.
Eligibility for P2P Payments
To be eligible for P2P Payments, you must be enrolled in PCU Online and have an eligible checking account with PCU. You will not be able to use P2P with a savings suffix, Shares Plus, a restricted account (such as Christmas Club), certificate of deposit, any account requiring two or more signatures, or any other account/suffix we exclude.
Definition of Terms
“P2P (Person-to-Person) Payments” means the service powered by PayPal which allows you to send funds to an outside email or cell phone number.
“Text Banking” and “SMS” (Short Messaging Service). It is also referred to as text messaging service.
“You” and “Your(s),” mean each person who applies to use the service and each person who uses the service. The words “we”, “our” and “us” mean Peninsula Credit Union Federal Credit Union (Peninsula Credit Union).
P2P (Person-to-Person) Payments powered by PayPal
A service that allows PCU Online Users for P2P (Person-to-Person) Payments powered by PayPal (“P2P Payments”), to send money via PCU Online to others via a cell phone or e-mail address through the PayPal network. Sending money does not require having a PayPal Account; however, all payments shall be subject to the terms and restrictions contained in the PayPal User Agreement and the PayPal Acceptable Use Policy, the terms of which can be found at www.paypal.com.
PayPal’s Relationship with You
PayPal is only a Payment Service Provider. PayPal helps you make payments to and accept payments from third parties. PayPal is an independent contractor for all purposes, except that PayPal acts as your agent with respect to the custody of your funds only. PayPal does not have control of, or liability for, the products or services that are paid for with our service. PayPal does not guarantee the identity of any recipient or ensure that a recipient will complete a transaction. “PayPal.com”, “PayPal”, and all logos, related to the service, are either trademarks or registered trademarks of PayPal or its licensors. You may not copy, imitate or use them without PayPal’s prior written consent. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of PayPal. You may not copy, imitate, or use them without our prior written consent. All rights, title and interest in and to the PayPal website, any content thereon, the services, the technology related to the PayPal services, and any and all technology and any content created or derived from any of the foregoing, are the exclusive property of PayPal and its licensors.
Calls to You
By providing a telephone number (including a wireless/cellular telephone) during P2P enrollment, you consent to receiving autodialed and prerecorded message calls from PayPal at that number.
Authentication You authorize PayPal and or the Credit Union directly or through third parties, to make any inquiries considered necessary to validate your identity. This may include asking you for further information, requiring you to take steps to confirm ownership of your email address or financial instruments, ordering a credit report and verifying your Information against third party databases or through other sources. The Credit Union will, at its sole discretion, authorize the use of P2P and may at its discretion disallow the use of P2P payments from any Credit Union member.
Sending Money via PCU Online P2P Payments
Sending Limits. PayPal may, at its discretion, impose limits on the amount of money you can send through the P2P Payments service (in addition to any limits set by us).
Transfer Limits*. P2P Payments are subject to both daily and periodic transfer limits. Current limits can be found in the P2P Payments FAQs on www.pcfcu.org and will also appear on the screen when you initiate your transfer.
- First payment to a new payee, limit is $500
- Daily Transfer limit is $1,500.00
- Rolling 30 day limit is $10,500.00
The Transfer Limitations noted above may be changed at any time by the credit union without notice to the P2P payments user.
Transfers. When a PCU Online P2P Payment is made, the funds are immediately debited from your account for transfer and credited to PayPal to provide funds to the recipient. You agree that such requests constitute your authorization to us and PayPal to make the transfers. Once you have provided your authorization for the transfer, you may not be able to cancel the electronic transfer.
Refused and Refunded Transactions. When you send money, the recipient is not required to accept it. You agree that you will not hold PayPal or us liable for any damages resulting from a recipient’s decision not to accept a payment made through the service. If a payment is unclaimed, denied or refunded for any reason, we will return the money to your Account after 30 Days of the date you initiate payment.
If a recipient does not have an account with PayPal, and does not set one up before 30 days has elapsed, you can request that the funds are returned to you before 30 days has elapsed by using the return function in the PCU Online P2P screen.
We currently charge a fee of $1.00 for each P2P Payment. You will be responsible for any excess transaction fees that may apply to your Account. Your statement will display a debit for the P2P transfer amount and a separate debit amount for the P2P transfer fee. We may change this fee at any time.
We will return $.50 per transfer that is refused, refunded, or cancelled to your account. We may deny a request for a fee refund upon our discretion. We may also change this fee refund amount at any time.
The following terms and conditions apply to our Mobile Banking services (defined below). By accepting this Agreement and using Mobile Banking, you agree to all the terms, conditions and notices contained in this Agreement and accept responsibility for your use of Mobile Banking. Please read this Agreement carefully before accepting. We may amend these terms, and modify or cancel the mobile services and features we offer, from time to time without notice, except as may be required by law. We may offer additional mobile services and features in the future. Any such added mobile services and features will be governed by this Agreement and by any terms and conditions provided to you at the time the new mobile service or feature is added and/or at the time of enrollment for the feature or service if applicable. Any deposit account accessed through this Service is also subject to the any applicable account disclosures and regulations for the account, subject to the Online Services, Electronic Funds Transfer Terms, Conditions, and Disclosures also included in this agreement. You should review the Account Disclosures carefully, as they may include transaction limitations and fees which might apply to your use of Mobile Banking.
Mobile Banking Definition of Terms
As used in this Agreement and Mobile Banking services, the following words have the meanings given below:
“Account(s)” means your eligible Peninsula Community Federal Credit Union checking or savings accounts that can be accessed through Mobile Banking.
“Application(s)” means Peninsula Community Federal Credit Union’s Mobile Banking software available for download also known as “app”.
“Nickname” means a word that your account would be known as.
“Available Balance” means the balance available at the time you make your request, which is the total balance less any amounts that are held (e.g. based on funds availability), pledged (e.g. as security for a loan), or otherwise subject to restraint (e.g. due to legal process or levy). All outstanding transactions or holds on your Account may not be included as of the time of your request. Available Balance may not be the same as collected balance or ledger balance.
“Balance” means your ledger balance.
“Device” means a supportable mobile device including a cellular phone or other mobile device that is web-enabled.
“Mobile Banking” means the banking services accessible through Online Banking Services.
“You” and “Your(s),” mean each person who applies to use the service and each person who uses the Service.
“We,” “Us,” ” Credit Union” and “Credit Union’s” mean Peninsula Community Federal Credit Union.
Mobile Banking Access
Mobile Banking is offered as a convenience and supplemental service to your banking with us including our Online Banking Services. It is not intended to replace access to Online Banking from your personal computer or other methods you use for managing your Accounts and services with us. To enroll in Mobile Banking, you must have at least one active Account in good standing, and you must be the owner of the Account. You must have a Device to use with Mobile Banking such as an internet enabled mobile phone (such as WAP enabled phones), or supported smart phone.
You may access Mobile Banking by selecting the “Mobile Banking” link on our online banking portal sign-in page or by entering the address into your handheld device.
You may also access Mobile Banking via our downloadable Mobile Banking Application available to download from the app store associated with our device. Subject to your compliance with this Disclosure and Agreement, you are hereby granted a personal, limited, non-transferable, non-exclusive, non-sub licensable and non-assignable license (“License”) to download, install and use the Software on your Wireless Device within the United States and its territories. In the event that you obtain a new or different Wireless Device, you will be required to download and install the Software to that new or different Wireless Device. This License shall be deemed revoked immediately upon (i) your termination of Mobile Banking in accordance with this Addendum; (ii) your deletion of the Software from your Wireless Device; or (iii) our written notice to you at anytime with or without cause. If this License is revoked for any of the foregoing reasons, you agree to promptly delete the Software from your Wireless Device.
Description of Mobile Banking
Mobile Banking is a personal financial information management service that allows you to access account information, products and services similar to Online Banking and make such other financial transactions as set forth in the Electronic Funds Transfer Agreement using compatible and supported mobile phones and/other compatible and supported wireless devices (including phones, “Wireless Devices”. The Peninsula Credit Union Mobile Banking service includes Text Banking and Wireless Application Protocol (WAP). We reserve the right to modify the scope of the Mobile Banking Services at any time. We may also limit the types and number of Accounts eligible for Mobile Banking and reserve the right to refuse to make any transaction you request. Mobile Banking may not be supportable for all device models or for all carriers at all times. We cannot guarantee the availability of underlying data services provided by your mobile carrier, (i.e. we are not responsible for carrier data outages or “out of range” issues, roaming). Internet access from your Device is required to access some features of Mobile Banking.
Description of Mobile Banking Commands
Listed below are the Mobile Banking features available for your use with Mobile Banking. We may change these commands from time to time.
Accounts – view a balances, transactions, and transfer between accounts.
Bill Pay – view pending bill payments and create new payments.
Messages – communicate with Peninsula CU by retrieving and sending messages to/from.
Graphs – display a simple graph of Account Balance/Income & Expenses over time ranges.
Locations – find nearby branch and ATM locations
Federal regulation requires Financial Institutions to limit the way withdrawals may be made from any Share account (except checking). Each transfer made from a Share account using Mobile Banking is counted as one of the six limited transactions permitted each calendar month, as described in the Electronic Funds
Transfer Agreement and Combined Disclosure.
We may also limit the type, frequency, and amount of transfers for security purposes and may change or impose the limits without notice, at our option.
Your Mobile Banking Responsibilities
In addition to the terms and conditions in other sections of this Agreement: You agree to monitor your Account and important Account information through your Online Banking Service, periodic statements for your Account, if applicable, and important notices about your Account delivered by us electronically or by mail, in addition to any services or information you may receive through Mobile Banking. You agree to keep informed of any changes to Mobile Banking by regularly visiting our website. You agree to take every precaution to ensure the safety, security and integrity of your Account and transactions when using Mobile Banking. You agree not to leave your Device unattended while logged into Mobile Banking and to log off immediately at the completion of each access by you. You agree not to provide your password or other access information to any other person. If you do, we will not be liable for any damage resulting to you. You agree not to use any personally identifiable information when creating shortcuts to your Account. You agree to comply with all applicable laws, rules and regulations in connection with Mobile Banking. We make no representation that any content or use of Mobile Banking is available for use in locations outside of the United States. Accessing Mobile Banking from locations outside of the United States is at your own risk, and you are responsible for compliance with local laws.
We do not currently charge an access fee for our Mobile Banking, however, other account fees may apply. In the future, we may add or enhance the features of Mobile Banking and reserve the right to amend any fee structures associated with Mobile Banking as offered at Peninsula Credit Union (please see fee schedule on www.pcfcu.org). You are responsible for web access and/or data or any other charges that may be billed by your mobile carrier. Check with your mobile carrier for details on specific fees and charges that may be applicable. You expressly agree that you are responsible for all such fees, limitations and restrictions and that we may contact you via your wireless device for any purpose concerning your accounts at Peninsula Credit Union, including account servicing and collection purposes.
Our Limited Liability for Use of Mobile Banking
Our Mobile Banking services are provided to you on an “as-is” and “as available” basis. We do not make any warranties or representations that you will have continuous or uninterrupted access to mobile banking or its content or functions, or that such functions will be error-free or any advertisements, or websites in connection with that service, including, without limitation, express or implied warranties of merchantability, fitness for a particular purpose or non-infringement of third-party rights and title, and any implied warranties arising from course of dealing or course of performance. Your sole and exclusive remedy for any failure or non-performance of mobile banking (including any software or their materials supplied in connection with mobile banking) shall be for us to use commercially reasonable efforts to perform an adjustment or repair of the mobile banking service. In addition, see Electronic Fund Transfers Disclosure section for limits of liability provisions for transfers made using Mobile Banking.
In no event will Peninsula Community Federal Credit Union be liable for any consequential (including, without limitation, loss of data, files, profit or goodwill or the costs of procurement of substitute of goods or mobile banking), indirect, incidental, special or punitive damages arising out of or in connection with your use of mobile banking.
Use of Services. Mobile Banking will not work unless you use it properly. You accept responsibility for making sure that you understand how to use Mobile Banking before you actually do so, and you use Mobile Banking in accordance with the online instructions posted on our Web site. You also accept responsibility for making sure that you know how to properly use your Wireless Device and the Mobile Banking software (“Software”). In the event we change or upgrade Mobile Banking, you are responsible for making sure that you understand how to use Mobile Banking as changed or upgraded. We will not be liable to you for any losses caused by your failure to properly use Mobile Banking or your Wireless Device.
Access to Accounts. By enrolling in the Mobile Banking 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 the Credit Union, 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 the Credit Union has been notified of any revocation of authority and has had a reasonable opportunity to act upon such notice.
Relationships to Other Agreements. You agree that when you use Mobile Banking, you will remain subject to the terms and conditions of all your existing agreements with us or any service providers of yours, including service carrier or provider (e.g., AT&T, Verizon, Sprint, T-Mobile, US Cellular, etc.), and that this Addendum does not amend or supersede any of those agreements. You understand that those agreements may provide for fees, limitations and restrictions which might impact your use of Mobile Banking (for example, your mobile service carrier or provider may impose data usage or text message charges for your use of or interaction with Mobile Banking, including while downloading the Software, receiving or sending Mobile Banking text messages, or other use of your Wireless Device when using the Software or other products and services provided by Mobile Banking), and you agree to be solely responsible for all such fees, limitations and restrictions. You agree that only your mobile service carrier or provider is responsible for its products and services. Accordingly, you agree to resolve any problems with your carrier or provider directly with your carrier or provider without involving us. You also agree that if you have any problems with Mobile Banking, you will contact us directly.
Your Obligations. When you use Mobile Banking to access accounts you designate during the registration process, you agree the following:
Account Ownership/Accurate Information. You represent that you are the legal owner of the accounts and other financial information that may be accessed via Mobile Banking. You represent and agree that all information you provide to us in connection with Mobile Banking is accurate, current and complete, and that you have the right to provide such information to us for the purpose of operating Mobile Banking. You agree to not misrepresent your identity or your account information. You agree to keep your account information up to date and accurate.
Proprietary Rights. You are permitted to use content delivered to you through Mobile Banking only on Mobile Banking. You may not copy, reproduce, distribute, or create derivative works from this content. Further, you agree not to reverse engineer or reverse compile any Mobile Banking technology, including, but not limited to, any Software or other mobile phone applications associated with Mobile Banking.
User Conduct. You agree not to use Mobile Banking or the content or information delivered through Mobile Banking in any way that would: (a) infringe any third-party copyright, patent, trademark, trade secret, or other proprietary rights or rights of publicity or privacy, including any rights in the Software; (b) be fraudulent or involve the sale of counterfeit or stolen items, including, but not limited to, use of Mobile Banking to impersonate another person or entity; (c) violate any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising); (d) be false, misleading or inaccurate; (e) create liability for us or our affiliates or service providers, or cause us to lose (in whole or in part) the services of any of our service providers; (f) be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (g) potentially be perceived as illegal, offensive or objectionable; (h) interfere with or disrupt computer networks connected to Mobile Banking; (i) interfere with or disrupt the use of Mobile Banking by any other user; or (j) use Mobile Banking in such a manner as to gain unauthorized entry or access to the computer systems of others.
No Commercial Use or Re-sale. You agree that the Mobile Banking services are for personal use only. You agree not to resell or make commercial use of Mobile Banking.
Once you activate your cell phone for this service, YOU are responsible for keeping any personal information in your cell phone secure. For your protection, you agree to:
- Delete the PCU mobile banking application “app” if you cancel your service with your cell phone provider.
- Cancel your PCU mobile banking service if your cell phone is lost or stolen.
- Erase your ‘Sent Messages’ and ‘Inbox’ that may contain your passwords or other information.
- Mobile Banking Service Limitations. Neither we nor our service providers can always foresee or anticipate technical or other difficulties related to Mobile Banking. These difficulties may result in loss of data, personalization settings or other Mobile Banking interruptions. Neither we nor any of our service providers assume responsibility for the timeliness, deletion, mis delivery or failure to store any user data, communications or personalization settings in connection with your use of Mobile Banking. Neither we nor any of our service providers assume responsibility for the operation, security, functionality or availability of any Wireless Device or mobile network, which you utilize to access Mobile Banking. You agree to exercise caution when utilizing the Mobile Banking application on your Wireless Device and to use good judgment and discretion when obtaining or transmitting information. Financial information shown on Mobile Banking reflects the most recent account information available through Mobile Banking, and may not be current. You agree that neither we nor our service providers will be liable for any delays in the content, or for any actions you take in reliance thereon. If you need current account information you agree to contact us directly.
- Changes or Cancellation. You may cancel your participation in Mobile Banking deleting our Mobile application on your phone. We reserve the right to change or cancel Mobile Banking at any time without notice. We may also suspend your access to Mobile Banking at any time without notice and for any reason, including but not limited to, your non-use of Mobile Banking services. You agree that we will not be liable to you or any third party for any discontinuance of Mobile Banking.
- Third Party Beneficiary. You agree that our service providers (including any provider of Software) may rely upon your agreements and representations above, and such service providers are, for the purposes of those sections, third party beneficiaries to this Addendum, with the power to enforce those provisions against you, as applicable.
This Agreement, as it may be amended from time to time, together with any other disclosures or documents provided to you about your Mobile Banking services and accounts, contains the entire agreement between you and supersedes any other or oral communications and previous agreements, if any, with regard to Mobile Banking.
You agree to indemnify, defend, and hold us and our affiliates, officers, directors, employees, consultants, agents, service providers, and licensors harmless from any and all third party claims, liability, damages and/or costs (including but not limited to reasonable attorneys’ fees) arising from (a) a third party claim, dispute, action, or allegation of infringement, misuse, or misappropriation based on information, data, files, or otherwise in connection with the service; (b) your violation of any law or rights of a third party; or (c) your use, or use by a third party caused by or arising from your improper use software or your infringement, or infringement by any other user of your account, of any intellectual property or other right of anyone.
This Agreement shall be governed by and construed in accordance with all applicable federal laws and applicable substantive laws of the State where you opened your account, and the By-laws of Peninsula Credit Union as they now exist or may be hereafter amended.
Member Liability. You are solely responsible for all transfers you authorize using any Services under this Agreement. If you permit other persons to use your access code and initiate transactions with this Service, you are responsible for any transactions they authorize or conduct on any of your Accounts.
Your Liability for Unauthorized Transactions
You are responsible for all transfers you authorize using your EFT services under this Agreement. If you permit other persons to use an EFT service, Debit Card, or access code, you are responsible for any transactions they authorize or conduct on any of your accounts. However, tell us at once if you believe anyone has used your account without your authority or if you believe that an electronic fund transfer has been made without your permission using information from your check. Telephoning is the best way to keep your possible losses down. For Debit Card purchase transactions, if you notify us of your lost or stolen card, you will not be liable for any losses provided you were not grossly negligent or fraudulent in handling your Card and you provide us with a written statement regarding your unauthorized Card claim, otherwise the following liability limits will apply. VISA zero liability does not apply to non-VISA transactions as described in the Electronic Funds Transfer Disclosure and Agreement. For all other EFT transactions, if you tell us within two (2) business days you can lose no more than $50 if someone accessed your account without your permission. If you do not tell us within two (2) business days after you learn of the unauthorized use of your account or the EFT service, and we can prove that we could have stopped someone from accessing your account without your permission if you had told us, you could lose as much as $500.00. Also, if your statement shows EFT transfers that you did not make, including those made by Card, access code or other means, tell us at once. If you do not tell us within sixty (60) days after the statement was mailed to you, you may be liable for the full amount of the loss, if we can prove that we could have stopped someone from making the transfers if you had told us in time. If a good reason (such as a hospital stay) kept you from telling us, we will extend the time periods.
How to Notify the Credit Union in the Event of an Unauthorized Transaction
If you believe your Debit Card has been lost or stolen, that someone has transferred or may transfer money from your account or if a transfer has been made using the information from your check without your permission, call: 1-800-426-1601 or write: Peninsula Credit Union, P.O. Box 2150, Shelton, WA 98584.
For purposes of these disclosures, our business days are Monday through Friday, excluding holidays.
Password /Personal Identification Number
To enroll for Peninsula’s Online Services you must select a Home Banking password, hereafter referred to as your Password/Personal Identification Number (PIN) in order to access your accounts(s). Your accounts can only be accessed by the using your password/PIN.
Disclosure of Account Information to Third Parties
A complete copy of the Credit Union’s Privacy and Confidentiality Policy of Member Information is available upon request or available online at www.pcfcu.org.
Statements and Notices
You will continue to receive your regular account statement either monthly or quarterly, depending on the type of account you hold. Members with checking accounts with activity will receive monthly statements. You are required to keep the Credit Union informed of your current address to insure correct mailing of periodic statements. Statements and notices will be mailed or electronically sent to you at the most recent address/e-mail address you have given the Credit Union. Notice to any of you will be notice to all of you. You agree to promptly notify the Credit Union of any address/e-mail address change.
You agree to pay the Credit Union our reasonable expenses, including collection agency costs, court costs and attorney’s fees, for enforcing our rights under this Agreement.
Reservation of Rights
Failure or delay by the Credit Union to enforce any provision of this Agreement or to exercise any right or remedy available under this Agreement, or at law, shall not be deemed a waiver and the Credit Union expressly reserves the right to enforce such provision, or to exercise such right or remedy, at a later date.
Except as stated otherwise in the Agreement, this Agreement does not alter or amend any of the terms or conditions of any other agreement you may have with the Credit Union. If any part of this Agreement should be held to be unenforceable, the remaining provisions of this Agreement shall remain in full force and effect.
Your Billing Rights
This notice contains important information about your rights and our responsibilities under the Fair Credit Billing Act.
Error Resolution Rights
In case of errors or questions about your electronic transfers, telephone us at (360) 426-1601 or write us at PO Box 2150, Shelton, WA 98584 as soon as possible if you think your statement or receipt is wrong, or if you need more information about a transfer listed on the statement or receipt. We must hear from you no later than 60 days after we send you the FIRST statement on which the problem or error appeared.
- Tell us your name and account number (if any).
- Describe the error or the transfer you are unsure about, and explain as clearly as you can why you believe it is an error, or why you need more information.
- Tell us the dollar amount of the suspected error. If you tell us orally we may require that you send us your complaint or questions in writing within 10 business days.
Your Rights and Our Responsibilities After We Receive Your Written Notice
We will tell you the results of our investigation within ten (10) business days after we hear from you and will correct any error promptly. For errors related to transactions occurring within thirty (30) calendar days after the first deposit to the account (new accounts), we will tell you the results of our investigation within twenty (20) business days. If we need more time, however, we may take up to forty-five (45) calendar days to investigate your complaint or question (ninety (90) calendar days for POS transaction errors, new account transaction errors, or errors involving transactions initiated outside the United States). If we decide to do this, we will re-credit your account within ten (10) business days (five (5) business days for Debit Card purchase transactions) for the amount you think is in error, so that you will have the use of the money during the time it takes us to complete our investigation. If we ask you to put your complaint or question in writing and we do not receive it within ten (10) business days, we may not re-credit your account. If we decide after our investigation that an error did not occur, we will deliver or mail to you an explanation of our findings within three (3) business days after the conclusion of our investigation. If you request, we will provide you copies of documents (to the extent possible without violating other members’ rights to privacy) relied upon to conclude that the error did not occur.
Liability for Failure to Make Transfers
You agree that neither we nor the service providers shall be responsible for any loss, property damage or bodily injury, whether caused by the equipment, software, Credit Union or by Internet browser providers such as Mozilla (Firefox browser) and Microsoft (Microsoft Internet Explorer browser), or by Internet access providers or by online service providers or by an agent or subcontractor for any of the foregoing. Nor shall we or the service providers be responsible for any direct, indirect, special or consequential economic or other damages arising in any way out of the installation, download, use, or maintenance of the equipment, software, Online services or Internet browser or access software. In this regard, although we have taken measures to provide security for communications from you to us via the Online services and may have referred to such communication from you to us via the Online services and may have referred to such communication as “secured,” we cannot and do not provide any warranty or guarantee of such security. In states that do not allow the exclusion or limitation of such damages, our liability is limited to the extent permitted by law. The Credit Union will not be liable for incomplete transaction errors in the following instances: (a) if the approved network ATM where you are making the cash withdrawal does not have enough cash. (b) if through no fault of ours, your account does not contain enough money to make the transfer or give you the cash. (c) if the approved network was not working properly, and you knew about the breakdown when you started the transaction. (d) if circumstances beyond our control (such as fire or flood) prevent the transaction. (e) if the ATM is closed or shut off for maintenance. (f) if funds in your account are pledged for a share secured loan or are otherwise not available. (g) if the money in your account is subject to legal process or other claim. (h) if the withdrawals and/or transfers from your savings account have reached the maximum number permitted by regulation. (i) if there are other exceptions as established by the credit union. (j) if you used the wrong access code/PIN or you have not properly followed any applicable computer or Credit Union instructions for making transfers or bill payment transactions. (k) if your computer fails or malfunctions or any of the Credit Union’s Audio Response was not properly working and such problem should have been apparent when you attempted such transaction.
Terms and Conditions – Electronic Online Payment Service
The purpose of this document is to deliver information about the payment system offered to you on behalf of your financial institution or other billing entity. These terms and conditions set forth a legally binding agreement governing your use of the payment system. By using the services, permitting any person to do so on your behalf or using the service on someone else’s behalf, you agree to these terms and conditions. If you do not agree to these terms and conditions, you must discontinue your access to the site and not use the payment service. You agree to review the terms and conditions regularly and your continued access will mean that you agree to any changes.
Descriptions of Common Terms throughout this Document
SWBC, AP Accounts Services, LLC and its third-party service providers are referred to as we, us and our throughout this document.
The individual that is using the services or products is referred to as you and your.
You or an individual which you allow access to use the service or your source account is considered to be an Authorized User.
A recurring payment made by you to be processed on the designated date is a Recurring Payment.
The organization to which you instruct us to make a payment on your behalf is a Billing Entity.
The account you have directly with the billing entity is an Account.
Monday through Friday, excluding Federal Reserve holidays are Business Days.
A checking account, savings account or debit card account held at a United States financial institution or a credit card account from which payments and fees (if applicable) will be debited is a Source Account. Credits can be moved back to the source account if appropriate.
Remittance initiated by you through the service is considered a Payment.
The current or future calendar day you elect your source account to be debited and for the financial institution or billing entity to receive the payment is the Payment Date. If the calendar day you elect falls on a non-business day or after the daily cutoff time for the payment service, the actual payment date and the actual date your source account will be debited will be the following business day.
The information provided by you to make a payment through the payment service is the Payment Instruction.
A payment submitted in a scheduled pattern on the dates and in the amount designated by you is a Recurring Payment.
The source account information you may save to make future payments is called Stored Pay Accounts.
A payment that has been scheduled to process on a future date is a Scheduled Payment.
The products and services are offered to individuals who can form legally binding contracts under applicable law and with respect to payments made using checking, savings or debit cards and use bank accounts held at U.S. depository institutions. The service is not offered to minors. By using the payment products or services, you represent that you meet the requirements and that you agree to be bound by this agreement. You agree to indemnify and hold us harmless for all costs and fees, including interchange fees and merchant fees, arising out of your violation of this section.
We reserve the right to place various cookies or similar files on your computer to record preferences you have entered and for security or user authentication purposes.
Payment Authorization, Remittance and Fees
You attest to being an authorized user of the source account. You agree to follow account and card guidelines for all source accounts. You authorize us to follow your payment instructions. When we receive a payment instruction from you, you authorize us to debit or charge your source account for the amount of any payment plus any related fees in effect at the time you initiate the payment instruction and to remit funds on your behalf.
You acknowledge and agree that a fee may be charged to you to process transactions pursuant to this agreement. Any such fees will be disclosed to you prior to completing the payment instruction.
You hereby agree to pay any applicable fees which may be charged. You also authorize us to credit your source account in the event that any payments are returned. In order to process payments more effectively, we may edit or alter payment data or data formats. We will use reasonable efforts to complete your payments properly. However, we are not liable if the service is unable to complete any payments initiated because of the existence of any of the following circumstances or other reasons identified in this agreement:
- Source account does not contain sufficient funds
- If our payment processing center is not working properly and you know or have been made aware of the malfunction before you execute the transaction
- If you have not provided us with the correct source account information
- If your debit or credit card is expired
- If circumstances beyond our control (such as, but not limited to, fire, flood, or other acts of God, third party systems or interference from an outside force) prevent the proper execution of the transaction
- If you failed to follow our instructions for the use of the service
Provided none of the exceptions are applicable, if we cause an incorrect amount of funds to be removed from your source account or cause funds from your source account to be directed in a manner that does not comply with your payment instructions, our sole responsibility to you shall be to return the improperly transferred funds to your source account or to direct any previously misdirected payments to the billing entity.
You are responsible for ensuring that there are sufficient funds available in your source account to cover any amount you authorize for payment. If you do not have sufficient funds in your source account, your payment may not be processed. Your payment may not be processed after a credit or debit card expires.
In the event your payment is not processed for any reason, including the failure to obtain an authorization from your card issuer or financial institution or you have not provided us with the correct information, your liability shall remain outstanding and unpaid and you will be subject to all applicable penalties, late fees and interest charges assessed thereon, of which all obligations remain your sole responsibility.
Any fees associated with your source account, including without limitation any assessed by your financial institution or credit card issuer, will continue to apply. You are also responsible for any and all telephone access fees and/or Internet service fees that may be assessed by your telephone and/or Internet service provider in connection with your use of the payment service.
You agree that you shall not intentionally schedule a payment in excess of the greater of the amount due or the total balance owed on your account. You acknowledge that we may refuse to process any overpayment or we may adjust the payment amount down to the amount due at time of payment processing as to avoid overpayments.
In using the payment service, you understand that payments may be returned for various reasons, such as, but not limited to, the billing entity account number is not valid; we are unable to locate your billing entity account; or your billing entity account is paid in full. You may be assessed fees by us or your financial institution as the result of any returns or insufficient funds related to your source account or charges refused by a card account.
You may be permitted to cancel or edit a payment until such time as the processing of the payment instruction starts. There is no charge for canceling or editing a payment prior to the processing of the payment instruction.
Stored Pay Accounts
The stored pay accounts feature allows you to save your source account for use in making future payments. If you elect to use a stored pay account, the following applies:
You authorize the addition of source accounts to your profile when you add each account.
It is your responsibility and you agree to ensure that the information maintained in your profile including source account information is accurate. If your source account number changes or your credit or debit card expiration date changes, you agree to make updates to your source account. You also authorize us to acquire such new or additional information regarding your accounts from our financial services partners and authorize the update of your source account information accordingly. All changes made by you or acquired by us will be effective for future payments paid using the source account.
Recurring Payments and Scheduled Payments
You may have the option of selecting recurring payments through our auto-pay feature. If you choose to set up recurring payments, or if you initiate a scheduled payment, an email confirmation will be sent to you confirming that your payment instruction has been received and accepted by our services. Please note the following:
For recurring payments and scheduled payments, we will debit the amount designated by you on the date or future dates you selected.
If recurring payments are scheduled, you may receive email confirmations of payments charged to or debited from your source account. It is your responsibility to update your email address in your profile with your current email address. We will not be responsible for email confirmations that are not received as a result of delivery failures (spam blockers or incorrect email address).
It is your responsibility to ensure that all source account information is accurate, valid and up-to-date in order to ensure proper authorization of your payment. We will not be responsible for any payment processing errors or fees incurred if you fail to provide accurate source account information.
You may terminate your participation in recurring payments online. It may take up to five (5) banking days to process termination requests.
By providing a telephone number (including a mobile telephone number) and/or email address, you consent to receiving calls and/or text messages at the provided number and/or emails from us for business purposes including identity verification. You authorize us to send or provide via electronic communication any notice, communication, amendment or replacement to the agreement, payment receipt, or disclosure required to be provided orally or in writing to you. You agree to receive any electronic communication provided to you and will not attempt to avoid receiving any such communication. You are deemed to have received any electronic communication provided to you when they are made available to you. By providing us with a telephone number (including a mobile telephone number), you consent to receiving autodialed and prerecorded message calls at that number for service-related purposes. For example, we may contact you in connection with authenticating or processing a transaction that you have requested through the payment service. You agree that we may provide notices to you by sending them to you through an in-product message within the payment service, emailing them to an email address that you have provided, sending them via text message to any mobile number provided, or by mailing them to any postal address that you have provided. For example, users of the payment service may receive certain notices as text messages on their mobile device. All notices by any of these methods shall be deemed received by you no later than twenty-four hours after they are sent or posted, except for notice by postal mail, which shall be deemed received by you no later than five business days after it is mailed. It is your sole responsibility to ensure that your contact information is accurate in the payment service.
Data and messaging charges from your telecommunications provider may apply and you are responsible for the charges. In the event your enrolled mobile device is lost or stolen, you agree to update your information and make the appropriate changes to disable the use of the lost or stolen device.
You agree that the information you provide to facilitate a payment, including your source account information, may go through a verification process. You further agree that we may obtain financial information regarding your source account from your financial institution. We may obtain information to resolve payment posting problems, set transaction limits or for verification purposes or additional information if required.
You agree not to give or make available your access or access credentials to the payment product or service to any unauthorized individuals. You are responsible for all payments you authorize using the payment service or that are made using your access credentials. If you permit authorized users or other persons to use the payment service, you are responsible for any transactions they authorize.
If you believe that your access or access credentials to the payment service has been lost, stolen or otherwise compromised without your permission, you must notify the billing entity. If you believe there have been any unauthorized debits related to your source account you should notify the financial institution associated with the source account immediately.
This agreement, applicable fees and service charges may be amended. If changes occur we will post a revised terms and conditions document on the payment site or provide a revised version to you by other methods. You may be required to accept the revised agreement in order to continue using the payment service. Any use of the payment service after a notice of change will constitute your agreement to such changes and revised versions.
The revised version will be effective at the time it is posted or otherwise provided to you. We may revise or update the service applications, services or other material, which may render prior versions obsolete. We reserve the right to terminate this agreement as to all such prior versions of the applications, services or other material and limit access to only the most recent revisions and updates. You authorize us to send or provide by electronic communication any notice, communication, amendment or replacement to the agreement or disclosure required to be provided orally or in writing to you. Your use of the service may be terminated or suspended at any time for any reason or no reason. Neither termination nor suspension shall affect your liability or obligations under this agreement.
If you dispute a payment made from a source account, you acknowledge that the dispute must be addressed with your issuing debit or credit card provider or financial institution including fraud and chargebacks. We are not responsible for disputes or any research or resolution of such payment disputes.
For claims relating to this agreement, the parties must resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. The party originating arbitration will initiate such arbitration through the American Arbitration Association or an established alternative dispute resolution administrator mutually agreed upon by both parties. The parties agree that the following rules shall apply:
- The arbitration can occur by telephone, online or in writing
- The arbitration will not involve personal appearance unless mutually agreed by the parties
- Discovery shall not be permitted
- A recommendation decision should be submitted within ninety days
- An award in arbitration will be final and binding and may be submitted to any court of competent jurisdiction for confirmation
No class action, other representative action or private attorney general action or joinder or consolidation of any claim with a claim of another person shall be allowable in arbitration.
This agreement shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflicts of laws provisions. To the extent that the terms of this agreement conflict with applicable state or federal law, such state or federal law shall replace such conflicting terms only to the extent required by law. In the event of such replacement, all other terms of this agreement shall remain in full force and effect. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to this agreement.
Both parties agree to waive any right to have a jury participate in the resolution of any dispute or claim between the parties or any of their respective affiliates arising under this agreement, which instead shall be brought under the arbitration clause above.
Warranties Exclusions / Liability Limitations
We or our services providers will not be responsible or liable for the timeliness, deletion, delivery errors or failure to store any user communications or personalized settings. Nor are we responsible for any viruses which may affect your computer equipment or other property. Your access to the payment service or any third party’s inability or refusal to authorize a payment or any other acts or omissions of third parties may not be controlled by us and we cannot be held liable.
The site and service and related documentation are provided AS IS without warranty of any kind, either expressed or implied, including but not limited to, the implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. We do not guarantee continuous, uninterrupted or secure access to any part of our site or service, and operation of the site or service may be interfered with by numerous factors outside of our control. Some states do not allow the disclaimer of certain implied warranties, so the foregoing disclaimers may not apply to you.
We or our service providers (or either of our respective officers, directors, owners, employees or affiliates) will not be liable for any damages of any kind arising from the use of the site or the service otherwise relating to this agreement, including without limitation any direct, special, indirect, incidental, consequential, punitive, exemplary or tort damages or lost profits, regardless of whether such claim arises in tort, contract or otherwise.
You agree to indemnify and hold us harmless and our affiliates, suppliers, service providers, licensors and contractors and the officers, directors, owners, agents, employees and contractors of each of these, from and against any and all loss, damage, liability, claim, demand, fees, costs, and expenses, including attorney’s fees, resulting from your breach of this agreement and/or your access to or use of the payment product and services.
All marks and logos related to the payment service are either trademarks or registered trademarks of the entity or its service providers or their respective affiliates or licensors. You may not copy, modify, translate, decompile, reverse engineer, reproduce, adapt or disassemble the payment service, both of which are the sole property of the entity’s service provider or the entity’s service provider’s affiliates or their respective licensors. With the exception of your right to use the payment service in accordance with the terms hereof, which right may be revoked by us, you are not granted any rights of any kind in the site, service, marks, or logos, and we hereby reserve all such rights. The content accessed through the site is the property of the applicable content owner and may be protected by copyright or other law. Any downloading of material contained on the site or on any site linked to the site, may be a violation of federal trademark or copyright laws.
Without prior consent, you may not assign any rights or obligations you have under this agreement to any other party. We reserve the right to assign this agreement or any right or obligation under this agreement at any time to any party. We may also assign or delegate certain of our rights and responsibilities under this agreement to affiliates, independent contractors or other third parties.
We shall not be deemed to have waived any of our rights or remedies hereunder unless a waiver is in writing and signed by one of our authorized representatives. No delay or omission on our part in exercising any rights or remedies shall operate as a waiver of rights or remedies or any other rights or remedies. A waiver on any one occasion should not be interpreted as a bar or waiver of any rights or remedies on future occurrences.
If processing errors are discovered or you have questions about your transactions, please contact your billing entity’s customer service as soon as possible. If you have a complaint, please contact your billing entity’s customer service.
You agree that this agreement is the whole and exclusive statement of the agreement between you and us and it supersedes any proposal or prior agreement, oral or written and any other communications between you and us relating to the subject matter of this agreement.