ACCESS Credit Union
Mobile Banking and Remote Deposit Capture Agreement – April 1, 2018
Please read this Agreement carefully before accessing or using these services. By accessing or using these services, you agree to be bound by the terms and conditions set forth below. If you do not wish to be bound by these terms and conditions, you may not access or use these services.
By requesting and using the Mobile Banking service, each of you, jointly and severally, agree to the terms and conditions in this Agreement, and any amendments. In addition to the terms herein, you acknowledge the receipt and incorporation herein of the terms of your Membership and Account Agreement with the Credit Union, which shall also govern our relationship with you. To the extent that the terms of a specific provision in this Agreement vary from the terms set forth in the Membership and Account Agreement, the specific terms and conditions of this Agreement will govern our relationship with you with regard to the services specially described herein.
Mobile Banking Services -The following terms and conditions apply to the Mobile Banking service:
Mobile Banking is offered as a convenience and supplemental service to 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. Mobile Banking allows you to access your account information, transfer funds, and conduct other banking transactions. To utilize the Mobile Banking service, you must be enrolled to use Online Banking.
We reserve the right to limit the types and number of accounts eligible and the right to refuse to make any transaction you request through Mobile Banking. We also reserve the right to modify the scope of the service at any time.
We may offer additional Mobile Banking services and features in the future. Any such added Mobile Banking services and features will be governed by this Agreement and by any terms and conditions provided to you at the time the new Mobile Banking service or feature is added and/or at the time of enrollment for the feature or service, if applicable. From time to time, we may amend these terms and modify or cancel the Mobile Banking services we offer without notice, except as may be required by law.
Mobile Banking may not be accessible or may have limited utility over some network carriers. In addition, the service may not be supportable for all devices. The credit union cannot guarantee and is not responsible for the availability of data services provided by your mobile carrier, such as data outages or "out of range" issues. Your wireless carrier may assess you fees for data or text messaging services. Please consult your wireless plan or provider for details.
Use of Service - You agree to accept responsibility for learning how to use Mobile Banking in accordance with the instructions and agree that you will contact us directly if you have any problems with Mobile Banking. We may modify the service from time to time at our sole discretion. In the event of any modifications, you are responsible for making sure you understand how to use Mobile Banking as modified. You also accept responsibility for making sure that you know how to properly use your device and we will not be liable to you for any losses caused by your failure to properly use the service or your device. You will not hold the Credit Union liable for any incompatibility of the Software with your mobile device or for any loss or damage to any mobile device which may be caused by the Software or the installation process.
Other Agreements - You agree that when you use Mobile Banking, you remain subject to the terms and conditions of your existing agreements with the credit union except as expressly otherwise stated herein; and with any unaffiliated service providers, including, but not limited to, your mobile service provider and that this Agreement 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 (such as data usage or text messaging charges imposed on you by your mobile service provider for your use of or interaction with Mobile Banking), and you agree to be solely responsible for all such fees, limitations and restrictions. You agree that only your mobile service provider is responsible for its products and services. Accordingly, you agree to resolve any problems with your provider directly without involving us.
Any deposit account, loan or other banking product accessed through this service is also subject to the Membership and Account Agreement, Electronic Funds Transfer Agreement and Disclosure, Online Banking Agreement, Account Rate and Fee Disclosures, and your loan agreements. You should review the account disclosures carefully, as they may include transaction limitations and fees which might apply to your use of Mobile Banking.
Permitted Mobile Banking Transfers - Transactions in Mobile Banking are subject to the terms and limitations disclosed in the Membership and Account Agreement, Electronic Funds Transfer Agreement and Disclosure (for consumer accounts), Account Rate and Fee Disclosures, and your loan agreements. You may transfer or withdraw up to the available balance in your account at the time of the transfer, except as limited under this Agreement or your deposit or loan agreements. The credit union reserves the right to refuse any transaction that would draw upon insufficient or unavailable funds, lower an account below a required balance, or otherwise require us to increase our required reserve on the account. We may process transfers that exceed your available balance at our discretion. If we process the transfer and unless your overdraft protection is provided via an Overdraft Line of Credit, you agree to cover any overdraft amount plus any applicable fees. We may limit the type, frequency and amount of transfers for security purposes and may change or impose the security limits without notice, at our option. You agree to confirm the completion of each transfer in your account balance and transaction history before withdrawing transferred funds.
You represent and agree to the following by enrolling for Mobile Banking or by using the Service:
(i). Account Ownership/Accurate Information. You represent that you are the legal owner of the accounts and other financial information which 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 using Mobile Banking. You agree not to misrepresent your identity or your account information. You agree to keep your account information up to date and accurate. You represent that you are an authorized user of the Device you will use to access Mobile Banking.
(ii). 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 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 username, password or other access information to any unauthorized person. If you permit other persons to use your 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. You agree not to use any personally identifiable information when creating shortcuts to your Account.
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.
(iii). 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 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.
(iv). No Commercial Use or Re-Sale. You agree that the Service is only for the personal or business use of individuals authorized to access your account information. You agree not to make any commercial use of Mobile Banking or resell, lease, rent or distribute access to Mobile Banking.
(v). Indemnification. Unless caused by our intentional misconduct or gross negligence, you agree to indemnify, defend and hold harmless the credit union, its affiliates, officers, directors, employees, consultants, 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 (i) 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; (ii) your violation of any law or rights of a third party; or (iii) your use, or use by a third party, of Mobile Banking.
Security of Access Codes - The personal identification number/password and username are the access codes that you select for your security. Your access codes are confidential and should not be disclosed to third parties or recorded. You are responsible for safekeeping your access codes. You agree not to disclose or otherwise make your access codes available to anyone not authorized by you to sign on your accounts. If you authorize anyone to use your access codes, you understand that person may use the Mobile Banking service to review all of your account information and make account transactions. Therefore, we are entitled to act on transaction instructions received using your access codes and you agree that the use of your access codes will have the same effect as your signature authorizing transactions.
If you authorize anyone to use your access codes that authority will be considered unlimited in amount and manner until you specifically revoke such authority by notifying the credit union and changing your access codes. You are responsible for any transactions made by such persons until you notify us that transactions and access by that person are no longer authorized and your access codes are changed. If you fail to maintain or change the security of these access codes and the credit union suffers a loss, we may terminate your electronic funds transfer and account services immediately.
Member Liability - You are responsible for all transfers you authorize using the Mobile Banking services under this Agreement. If you permit other persons to use your access codes, you are responsible for any transactions they authorize or conduct on any of your accounts. Notify us at once if you believe anyone has used your access codes and accessed your accounts without your authority. Telephoning is the best way of keeping your possible losses down. (215-788-0411 or 800-441-0878) If your statement shows transfers that you did not make, including those made by access codes 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 not get back any money you lost after the 60 days if we can prove that we could have stopped someone from making the transfers if you had told us in time.
Business Days - Our business days are Monday through Friday excluding Holidays.
Fees and Charges - There are certain charges for services as set forth in our fee schedule. Please see out fee schedule at From time to time, the charges may be changed.
Transaction Documentation - Transfers and withdrawals transacted through Mobile Banking will be recorded on your periodic statement. You will receive a statement for any month in which you have Mobile Banking transactions.
Account Information Disclosure - We will maintain the confidentiality and privacy of your account information in accordance with our privacy policy as stated on our web site at: However, we will disclose information to third parties about your account or the transfers you make in the following limited circumstances:
a. As necessary to complete transfers;
b. To verify the existence of sufficient funds to cover specific transactions upon the request of a third party, such as a credit bureau or merchant;
c. To comply with government agencies or court orders; or
d. If you give us your written permission.
Termination of Mobile Banking Services - You agree that we may terminate this Agreement and your Mobile Banking services if you, or any authorized user of your Mobile Banking services or access codes, breach this or any other agreement with us; or if we have reason to believe that there has been an unauthorized use of your accounts or access codes. In addition, we reserve the right to terminate the service if you fail to use the service for more than six months.
You or any other party to your account can terminate this Agreement by notifying us in writing. Termination of service will be effective the first business day following receipt of your written notice. Termination of this Agreement will not affect the rights and responsibilities of the parties under this Agreement for transactions initiated before termination.
Send Money powered by PayPal™ - You can send money from your ACCESS Credit Union account to another person through ACCESS Credit Union’s Mobile banking. The service is powered by PayPal; you just have to specify the recipient’s email address or cell phone number. To receive money, your recipient must have (or open a new) PayPal account. There is a $.99 fee for each PayPal transaction. The fee will be deducted from the same account on which the transfer takes place. If sufficient funds to cover the fee are not available in the account on which the transfer takes place, the transaction will not be completed. Your recipient has 30 days to claim the money. After 30 days, the money is returned to your ACCESS Credit Union account; the fee is not refunded.
Remote Deposit Capture –
This Agreement represents the terms and conditions for the use of the Mobile Remote Deposit service (“Mobile Deposit” or “Service”) that ACCESS Credit Union (hereinafter referred to as “we”, “us”, “our” or “Credit Union”) may provide to you (hereinafter referred to as “you”, “your”, “yours” or “user”). Your use of this Service shall represent your acceptance of this Agreement and any future amendments or enhancements made to the service or the Agreement. This Agreement supplements the other terms and conditions set forth in the Credit Union’s Membership and Account Services Agreement and all related disclosures (collectively referred to as the Membership Agreement), which you have previously received and agreed to. To the extent that there is any conflict between the terms of the Membership Agreement and this Agreement, this Agreement will govern.
Use of the Services - Your ability to use Mobile Deposit may be denied based on, but not limited to, delinquent accounts, account history, negative history with the Credit Union. Following your acceptance of the Mobile Deposit Agreement, you are authorized by us to remotely deposit paper checks you receive to your account with ACCESS Credit Union by electronically transmitting a digital image of the paper checks to us for deposit. Your use of Mobile Deposit constitutes your acceptance of the terms and conditions of this Agreement. Upon receipt of the digital image, we may review the image for acceptability. You understand that, in the event you receive a notification from us confirming receipt of an image, such notification does not mean that the image contains no errors or that we are responsible for any information you transmit to us. The Credit Union is not responsible for any image that we do not receive. Following receipt of the image, we may process the image by preparing a “substitute check” or clearing the item as an image. Notwithstanding anything to the contrary, the Credit Union reserves the right, within our sole and absolute discretion, to accept or reject any item for remote deposit into your account. You understand that any amount credited to your account for items deposited using Mobile Deposit is a provisional credit and you agree to indemnify us against any loss we suffer because of our acceptance of the remotely deposited check.