Rev. August 2015
ELECTRONIC SERVICES AGREEMENT AGREEMENT FOR ONLINE BANKING and BILL PAY SERVICE CONSENT FOR E-STATEMENTS & E-NOTICES
ELECTRONIC FUNDS TRANSFER DISCLOSURE
FINANCEWORKS & PURCHASE REWARDS OFFERS - END USER LICENSE AGREEMENT MOBILE BANKING DISCLOSURE & AGREEMENT
INTRODUCTION
This agreement governs the Online and Mobile Banking services offered by Tropical Financial Credit Union (TFCU) and is a supplement to certain other share account agreements which you have already entered into with the Credit Union. It supplements those Accounts that you and Tropical Financial Credit Union have agreed will be accessed by the Online Banking or Bill Pay Services. This agreement supersedes all other share account agreements to the extent that there is a conflict.
"We", "our", "us" and TFCU" refer to Online Banking and "you" and "your" refer to anyone authorized to sign checks or make withdrawals on your account(s) and to anyone else you authorize to use the Online Banking Internet services issued to you on your behalf. The first time you access your TFCU account(s) through Online Banking will confirm your agreement to the terms and conditions and acknowledges your receipt and understanding of this disclosure. To the extent permitted by law, you agree to receive all disclosures, notices and information under this agreement electronically.
By enrolling in Online Banking, you agree to receive your periodic account statements online through our e-Statement service from this point forward. Your online periodic e-Statements will include the periodic account and transaction activity for your deposit and loan accounts. This consent will also be effective for additional notices, promotional materials, and disclosures that may be made available in the future through our e-Statement service.
You will receive email when your monthly statement or account notices are available for review. Adobe Acrobat Reader Software, version 5.0 or a later version is required to view your e-Statements. You will be able to access your e-Statements and other documents online for a period of 12 months from the
registration date. You also have the option to download or print the documents for your future reference at no charge.
You have the right to request a paper copy of your statement or other electronic notices by calling our Call Center 305-261-8328 or 888-261-8328, by visiting your local TFCU Branch office or by written request. The fees that will be charged are disclosed on our fee schedule.
You may withdraw your consent to receive online statements at any time. To do this, first sign on to the e-Statement application, then select "Settings," and then "Discontinue/Resume Accounts". Select the account(s) for which you wish to discontinue receiving electronic statements, and click "Submit." Or, you may request cancellation by calling our Call Center 305-261-8328 or 888-261-8328 or visiting your local TFCU Branch office. If you choose to withdraw your consent for online statements, you may incur a monthly paper statement fee as disclosed in our Schedule of Fees for your type of checking or savings account. Should a bonus promotional payment be offered and paid by the Credit Union for your election for e-statements, the Credit Union reserves the right to reverse the payment from your account in the event that consent to receive statements is withdrawn within 6 months.
It is important that you maintain an accurate and current email address on your e-Statement registration. If your notification has bounced as undeliverable, you will see an alert inside the e-Statement link. To update your email address, click on “Settings" then click on “email address”, input the correct email
address, and then click submit. Tropical will periodically review for bounced notifications and update your email address of record to reflect the Online Banking email address to ensure delivery of your
notifications.
We may change terms or amend this agreement from time to time without notice or as otherwise provided by law.
ONLINE SERVICES Online Banking Service:
The Online Banking service allows you to access your TFCU accounts via the Internet 24 hours a day, seven days a week. You can complete transfers to accounts that you have authorized as well as obtain statement information for viewing and downloading to financial management software. If you have authorized cross account transfers for HomeBranch, the designated accounts will be available for Online Banking transfers. If your account does not currently have cross account transfer access, an online application is available for this service under Secure Forms.
Bill Pay Service:
Online Banking offers a Bill Pay service. This Bill Pay service allows you to make payments to merchants, companies or individuals from your TFCU checking account via the Internet. You can make one-time payments as well as, set up recurring payments. e-Bill services are also available for participating merchants.
FEES AND CHARGES
There is no charge for using Online Banking. Bill Pay service, Popmoney (person-to-person transfers) and Funds Transfer (account-to-account external transfers) may be made available; please refer to the TFCU Schedule of Fees for charges that may apply.
The standard fees for deposit accounts will continue to apply as disclosed in the Credit Union's current Fee Schedule. If applicable, a non-sufficient funds (NSF) fee will be charged to your account, if the payment you have requested is completed and overdraws your account. You are responsible for all telephone access or Internet service fees that may be assessed by your service provider.
Popmoney and Funds Transfer Services
The Popmoney and Funds Transfer services are governed by separate terms, conditions and transaction limits provided to you when you enroll for the services. You must accept the terms and conditions as disclosed in order to use the services. Fees are listed in our Schedule of Fees.
Popmoney (person-to-person) is an online payment service that allows qualified members to send and request money quickly and easily. Funds may be sent to another person's checking/savings account by using the recipient's email or mobile phone number, as well as, by providing the ABA/routing and account number of the recipient. The process allows members to complete transactions via ACH without having to directly share or exchange financial or banking information.
The Funds Transfer service (account-to-account external transfers) provides you with a convenient way to transfer money directly between your TFCU account(s) and your account(s) at other financial institutions via an ACH transfer.
Online/Mobile Banking Service:
You may access your account(s) via the Online/Mobile Banking service by use of Internet services utilizing a personal computer or mobile device. Once you have initially accessed the Online Banking service, you will be prompted to change your Username and password. For your protection, we recommend that you periodically change your password.
Bill Pay Service:
In order to use the Bill Pay Service, you must submit an online application and you must have a checking account. Bill Pay will become available immediately upon acceptance.
TYPES OF AVAILABLE ELECTRONIC TRANSFERS AND LIMITS Online Banking Service:
You or any other persons who you have authorized to use your Online Banking service and log in credentials may perform the following transactions on your accounts at TFCU:
Inquiries on checking, savings, certificate, IRA and loan accounts Transfer funds between accounts or schedule recurring transfers Request a loan advance for transfer
Request a Popmoney or Funds Transfer transaction, if the service is available Other transactions as may be available in the future
When you give someone your log in credentials, you are authorizing that person to use your online services, and you are responsible for all transactions the person performs using your Online Banking or Bill Pay service. All transactions that person performs are considered authorized transactions. To protect from unauthorized transactions being completed using your Online Banking or Bill Pay service, use the exit option, sign-off after each online session and close your Internet browser.
Bill Pay Service
When you apply for Bill Pay Service you designate your TFCU checking account as the payment account from which payments that you authorize will be deducted. You will be given the ability to set up the names, addresses and account numbers (if any) of the payees (the companies or persons who will receive the payments). You are not permitted to designate governmental agencies or courts as payees. We reserve the right to not allow the designation of a particular merchant or institution.
You, or any persons who you have authorized to use your Bill Pay Service, can perform the following transactions:
From your designated TFCU checking account, pay any current, future or repeating payment to any designated merchant, institution or individual in accordance with the Bill Pay Service Terms and Conditions provided to you at the time of application
Obtain information (payee information, payment status information, e-Bills, etc.) about your Bill Pay account.
Your Bill Pay payments are processed by a third party service provider by either sending an electronic payment to the payee, or by mailing a check or draft to the payee. The method of payment depends upon the processing method that can be accommodated by the payee or Bill Pay services third party
processor, as some payees are unable to accept electronic payments. Limitations on Electronic Funds Transactions:
Transfers which will overdraft or close your checking or savings account are not permitted.
Transfers cannot be made from any account in an unavailable status, such as a dormant or inactive account or an account with a pledged savings loan for the full balance amount, or from any account subject to legal process or other encumbrance restricting the
transfer.
Limitations on transfers from the Holiday Club and Money Market Account. The maximum number of monthly transfers from a Holiday Club or Money Market account is limited by regulation to six, which includes on-line transfers1, telephone transfers2 and
pre-authorized transfers3. ATM transactions are not included. Unlimited monthly transfers are permitted from a Transaction Savings or a Checking Account.
1 On-line transfers are transfers from a Holiday Club or Money Market account initiated through Online Banking service.
2 Telephone transfers are transfers from your Holiday Club or Money Market account initiated by a telephone call to our Call Center or by using the HomeBranch telephone banking system.
3 Preauthorized transfers are transfers made according to a specific agreement between a member and us or another third party. Examples of preauthorized transfers are automatic overdraft protection from savings to checking or scheduled electronic payments from savings to a third party such as insurance companies, etc.
The above stated limits do not apply to transfers on any loan account you may have with TFCU or transfers to another TFCU account when such transfer is initiated in-person, by mail or at an ATM. You may also make unlimited requests for telephone withdrawals to our Call Center when a check is mailed directly to you.
There may be other terms and procedures established by Tropical Financial Credit Union from time to time in order to prevent loss to your account or to the Credit Union.
Popmoney (person-to-person) transfers or Funds Transfer (account-to-account transfers) may be subject to separate timing and processing schedules as disclosed in the online terms and conditions when you use the service.
POSTING AND TIMING OF TRANSACTIONS: Online Banking Service
Online Banking account transactions performed via the Internet on Monday through Friday during regular business hours are immediately posted to your account. The processing date for transactions performed after regular business hours and on Saturdays, Sundays and Holidays may not be effective until the next business day. Transaction inquiries will contain the posting date. A record of these transactions will be fully disclosed on your periodic statement.
Credit Card payments initiated through Online Banking transfers will deduct from your account on the date requested and the payment is sent for processing to your Credit Card to be processed. Credit Card payments initiated through Online Banking transfers before 5pm will be applied to your Credit Card account by the next business day. Credit Card payments initiated through Online Banking transfers after 5PM will be applied to your Credit Card account by the next two business days.
RIGHT TO TRANSFER BETWEEN CREDIT UNION ACCOUNTS (Cross Account Transfers) You may designate accounts at TFCU to which you may transfer funds electronically through Online Banking. Accounts that you have previously authorized for electronic cross account transfers will be available as listed on the options menu on the Account Transfer screen. If your account does not currently have cross account transfer access, an online application is available under Secure Forms. To transfer funds to another financial institution, use a paper check, a wire transfer, or an ACH transaction. We also offer External Transfers, Popmoney and Funds Transfers through Online Banking.
You may complete an Online Banking transfer during an online session during business hours on a business day and the funds will be posted and available on your account that day. For Online Banking transfers during an online session during non-business hours, the funds may not be posted and available on your account until the next business day. After you submit a transfer, you cannot delete or change it. YOUR LIABILITY FOR UNAUTHORIZED TRANSFERS
You are responsible for all transactions made on your accounts with your log in credentials through TFCU Online/Mobile Banking by anyone, including unauthorized transactions, subject to the limitations of applicable law. Legal limitations on your liability for unauthorized transactions are summarized in the Electronic Funds Transfer section in your Account Agreement with TFCU. The Credit Union has no obligation to monitor the use of your log in credentials or notify you if unusual activity.
Equipment and Technical Requirements
To use TFCU Online Banking, you must obtain and maintain, at your expense, compatible hardware and software as specified by us from time to time, including the appropriate devices. To use Online Banking you must obtain and maintain internet access.
Limitation of Liability for Equipment and Viruses
The Credit Union is not responsible for any errors or failures caused by the malfunction of your devices, equipment, software (including anti-virus software) or Internet access. The Credit Union also is not responsible for any computer viruses caused by the use of any Online/Mobile Banking service. ERRORS AND QUESTIONS
In case of errors or questions about your transactions, you should as soon as possible notify us via one of the following:
Telephone us at 305-261-8328 (Miami-Dade County) or 888-261-8328 (other areas). Write us at:
Tropical Financial Credit Union ATTN: e-Commerce Dept. 3050 Corporate Way Miramar, FL 33025
If you think your statement is incorrect or you need more information about a transaction listed on the statement, we must hear from you no later than sixty (60) days after the FIRST statement was sent or made available to you on which the problem or error appears. You must:
Tell us your name and account number;
Describe the error or the transaction in question, and explain as clearly as possible why you believe it is an error or why you need more information; and,
Tell us the dollar amount of the suspected error.
If you tell us verbally, we may require that you send your complaint in writing within ten (10) Business Days after your verbal notification. 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. However, if we require more time to confirm the nature of your complaint or question, we reserve the right to take up to forty-five (45) days to complete our investigation. If we decide to do this, we will provisionally credit your Payment Account within ten (10) Business Days for the amount you think is in error. If we ask you to submit your complaint or question in writing and we do not receive it within ten (10) Business Days, we may not provisionally credit your Payment Account. If it is determined there was no error we will mail you a written explanation within three (3) Business Days after completion of our investigation. You may ask for copies of
documents used in our investigation. We may revoke any provisional credit provided if we find an error did not occur.
DISCLOSURE OF ACCOUNT INFORMATION TO THIRD PARTIES
It is our general policy to treat your account information as confidential. However, we will disclose information to third parties about your account or the transactions you make ONLY in the following situations:
Where it is necessary for completing transactions; Where it is necessary for activating additional services;
In order to verify the existence and condition of your account to a third party, such as a credit bureau or Payee;
To a consumer reporting agency for research purposes only; In order to comply with a governmental agency or court orders; or, If you give us your written permission.
e-MAIL COMMUNICATIONS
Sending e-mail through our website is one way to communicate with us. We have provided an e-mail link for you to ask questions or give comments regarding our Online Banking service. We may not
immediately receive e-mail communications that you send. If you need to report an unauthorized transaction or for any other urgent request, contact the Credit Union at 305-261-8328 or 888-261-8328 during business days: Monday through Friday, excluding Federal Holidays. E-mail is not to be used to initiate secure transactions on your account(s).
FINANCEWORKS & PURCHASE REWARDS OFFERS -- END USER LICENSE AGREEMENT
In addition to the above content, if you decide to use either FinanceWorks or the Purchase Rewards Offers application, you acknowledge and agree to the following terms and conditions of service. LICENSE GRANT AND RESTRICTIONS. You are granted a personal, limited, exclusive, non-transferable license, to electronically access and use the FinanceWorks Service (the "Service") solely to manage your financial data, and the Purchase Rewards application ("Purchase Rewards Offers") to benefit from your debit card purchases. The Purchase Rewards program is not available to Health Savings Accounts.
In addition to the FinanceWorks Service and the Purchase Rewards Offers, the terms "Service" and "Purchase Rewards Offers" also include any other programs, tools, internet-based services, components and any "updates" (for example, Service maintenance, Purchase Rewards information, help content, bug fixes, or maintenance releases, etc.) of the Service or Purchase Rewards Offers if and when they are made available to you by us or by our third party vendors. Certain Service and Purchase Rewards Offers 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 Offers program; (iii) permit any third party to benefit from the use or functionality of the Service or Purchase Rewards Offers, or any other services provided in connection with them, via a rental, lease, timesharing, service bureau, or other arrangement; (iv) transfer any of the rights granted to you under this license; (v) work around any technical limitations in the Service, use any tool to enable features or functionalities that are otherwise disabled in the Service, or decompile, disassemble, or otherwise reverse engineer the Service except as otherwise permitted by applicable law; (vi) perform or attempt to perform any actions that would interfere with the proper working of the Service or Purchase Rewards Offers or any services provided in
connection with them, prevent access to or the use of the Service, Purchase Rewards Offers or any or services provided in connection with them by other licensees or customers, or impose an unreasonable or disproportionately large load on the infrastructure while using the Service; or (vii) otherwise use the Service, Purchase Rewards Offers or any services provided in connection with them except as expressly allowed under this Section.
OWNERSHIP. The Service and Purchase Rewards Offers 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 the Service, Purchase Rewards Offers or any services provided in connection with them, 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 Service, Purchase Rewards Offers or any services provided in connection with them (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 Offers or any services provided in connection with them, 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 the
Service, Purchase Rewards Offers or any services provided in connection with them (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 Service, Purchase Rewards Offers or any services provided in connection with them 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 financial management tools allow 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 offers 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 offers 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.
USE, STORAGE AND ACCESS. We shall have the right, in our sole discretion and with reasonable notice posted on the Finance Works site and/or sent to your email address provided in the Registration
Data, to establish or change limits concerning use of the Service and any related services, temporarily or permanently, including but not limited to (i) the amount of storage space you have available through the Service at any time, and (ii) the number of times (and the maximum duration for which) you may access the Service in a given period of time. We reserve the right to make any such changes effective
immediately to maintain the security of the system or Licensee Access Information or to comply with any laws or regulations, and to provide you with electronic or written notice within thirty (30) days after such change. You may reject changes by discontinuing use of the Service and any related services to which such changes relate. Your continued use of the Service or any related services will constitute your acceptance of and agreement to such changes. Maintenance of the Service or any related services may be performed from time-to-time resulting in interrupted service, delays or errors in such Service or related services. Attempts to provide prior notice of scheduled maintenance will be made, but we cannot
guarantee that such notice will be provided.
THIRD PARTY SERVICES. In connection with your use of the Service, Purchase Rewards Offers, or any other services provided in connection with them, you may be made aware of services, products, offers 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. The Service may contain or reference links to websites operated by third parties ("Third Party Websites"). These links are provided as a convenience only. Such Third Party Websites are not under our control. We are not responsible for the content of any Third Party Website or any link contained in a Third Party Website. 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 the Service, Purchase Rewards Offers or any other services provided in connection with them 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.
EXPORT RESTRICTIONS. You acknowledge that the Service may contain or use software that is subject to the U.S. Export Administration Regulations (15 CFR, Chapter VII) and that you will comply with these regulations. You will not export or re-export the Service, directly or indirectly, to: (1) any countries that are subject to US export restrictions; (2) any end user who has been prohibited from participating in US export transactions by any federal agency of the US government; or (3) any end user who you know or have reason to know will utilize them in the design, development or production of nuclear, chemical or biological weapons. You further acknowledge that this product may include technical data subject to export and re-export restrictions imposed by US law.
PURCHASE REWARDS OFFERS. If you decide you wish to participate in the Purchase Rewards Offers application, 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 Offers program based on total purchases. If you participate in the Purchase Rewards Offers, 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 Offers deposit account which is associated with the Purchase Rewards Offers program.
Purchase Rewards Offers Account. You must use the debit card associated with the Purchase Rewards Offers account in order to receive the offers 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 offers made available under the Purchase Rewards Offers 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 offers, commitments, promotions, money back, or other incentives offered by any of the merchants in the Purchase Rewards Offers 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.
Termination of Program. Tropical Financial Credit Union reserves the right to amend, cancel, or
temporarily suspend the Purchase Rewards program, in whole or in part, or change any of the Terms, at any time for any or no reason, including without limitation, in the event of fraud, abuse of Program
privileges or violation of the Terms, as determined in Our sole discretion without notice to you, which may result in the forfeiture of cash rewards. In the event the account has been closed, any pending cash rewards not credited as of the date of closure will be forfeited.
MOBILE BANKING DISCLOSURE & AGREEMENT
Password and Security Touch ID™ Authentication is an optional authentication method offered by Tropical to login to the Mobile App. You can turn this feature on or off on your mobile device by checking or un-checking "Enable Touch ID" on the Settings screen. Fingerprints are stored on your device only. Tropical does not have access to or store your fingerprint. Your username and password will be encrypted and stored in your device's Apple® iOS Keychain. You acknowledge that by enabling Touch ID, you allow anyone who has a fingerprint stored on your device access to your personal and account information in
Tropical’s Mobile App. Tropical reserves the right to suspend or disable this feature at any time. Touch ID can only be associated with one Mobile Banking username at a time on your device.
If you believe someone has gained unauthorized access to your account or mobile device, call 888-261-8328 during business hours or contact us by e-mail at: [email protected] and change your log in credentials immediately.
ACCEPTANCE OF ADDENDUM
This Mobile Banking Disclosure & Agreement is an addendum to the Agreement for Online Banking and sets forth the additional terms and conditions for use of the Mobile Banking services offered through Tropical Financial Credit Union. Except where modified by this Addendum, the terms and conditions of the Agreement for Online Banking remain in effect. By using the Mobile Banking services, you agree to the terms and conditions of this Mobile Banking Disclosure & Agreement.
A. Description of Services
Mobile Banking is offered as a convenience and a supplemental service to our Online Banking services. Tropical FCU offers Text Banking, Mobile APP and a Mobile Web services. You may access your TFCU account information 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/or other compatible and supported wireless devices.
You may access your Tropical Financial Credit Union account via Mobile Banking and get account information, transfer funds between eligible accounts, make payments to payees (from your web-based device, go to www.tropicalfcu.com and login with your online banking user ID and password) or conduct other banking transactions.
Tropical offers Mobile Deposits when utilizing the Mobile App service on supported devices. The Mobile Deposit service is enabled for accounts that meet the criteria, a separate disclosure is provide to accept this service. To utilize Mobile Banking services, you must be enrolled to use Online Banking. To activate the standard text messaging service ("Text Message Banking"), you must activate your wireless device for this service by clicking on the link available on our website
at www.tropicalfcu.com and agree to the TFCU Text Messaging Banking Services Terms and
Conditions posted online.
We reserve the right to modify the scope of the Mobile Banking Services at any time. We reserve the right to refuse to make any transaction you request through Mobile Banking. You agree and understand that Mobile Banking may not be accessible or may have limited utility over some mobile telephone networks, such as while roaming. TFCU is not responsible for the availability of data services provided by your mobile carrier. Designated accounts for cross-account transfers through Online Banking will be accessible through the Mobile Banking service. For standard text messaging service ("Text Message Banking"), the designated accounts to be accessible are selected at the time you register online for the text messaging service.
B. 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 and how to properly use your wireless device and mobile banking 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.
C. 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 your service
carrier or provider (such as AT&T, Verizon, Sprint, T-Mobile, Alltel, etc.). 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/APP, receiving or sending Mobile Banking text messages, or other use of your wireless device when using the 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 that are not related to your carrier or provider, you will contact us directly.
Any deposit account, loan or other TFCU product accessed through the Mobile Banking service is also subject to the Account Agreements and Disclosures provided at the time of account opening and any subsequent revisions issued, including any transaction limitations and fees which may apply to your account as disclosed in the Schedule of Fees.
YOUR OBLIGATIONS
You agree to the following when you use the Mobile Banking service: A. 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.
B. User Security
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 wireless 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 user name, password or other access information to any unauthorized person. If you permit other persons to use your wireless device, login information, or other means to access Mobile Banking, you are responsible for any transactions they authorize and we will not be liable for any damages resulting to you.
If you believe that your phone or other wireless device to access your account has been lost or stolen, contact your mobile service provider immediately to stop all wireless service. If you believe that someone may attempt to use Mobile Banking without your consent, or has transferred money from your account without your permission, you must notify us promptly by calling us at 305-261-8328 (Miami-Dade County) or 888-261-8328 (other areas).
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.
A. 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.
B. 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.
C. Indemnification
Unless caused by our intentional misconduct or gross negligence, you agree to indemnify, defend and hold harmless Tropical Financial Credit Union and its affiliates, officers, directors, employees, agents, service providers, and licensors from any and all third party claims, liability, damages, expenses and costs (including, but not limited to, reasonable attorneys' fees) caused by or 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, of Mobile Banking.
SERVICE CHARGES
In the future, we may add to or enhance the features of Mobile Banking and reserve the right to amend any fee structures associated with Mobile Banking as offered at Tropical Financial Credit Union. ADDITIONAL PROVISIONS
A. 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, misdelivery 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.
A. Changes or Cancellation
You may cancel your Text Message Banking service by sending a text "STOP" to 454545 at any time. You can also cancel the service by logging into internet banking, click on the Mobile Banking & Alerts tab, and deactivate the service.
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.
