Municipal Credit Union Online and
Mobile Banking Agreement
Please read this MCU Online and Mobile
Banking Agreement carefully and print or save a copy for your reference. You may refer back to this document by
accessing within the website at www.nymcu.org/disclosures.
Thank you for your membership. This MCU Online and Mobile Banking
Agreement ("Agreement") states the terms and conditions governing the
use of Municipal Credit Union’s Online and Mobile Banking Services offered
through Municipal Credit Union’s digital channels and made available through
Municipal Credit Union’s banking website and/or mobile application(s). This Agreement is between Municipal Credit
Union, the financial institution providing the digital banking services (“we,”
“us,” “our,” “Credit Union,” or “MCU”), each member of MCU and all joint owners
and authorized signers on the account at MCU (collectively, you, your or
yours). Both you and MCU will be bound by this Agreement. If there is a conflict
between this Agreement and something communicated – whether orally or in
writing - by our personnel or our Service Providers, this Agreement controls.
If we approve your request to use our Online and Mobile Banking Services, you
agree to abide by the terms and conditions of this Agreement.
RELATIONSHIP
TO OTHER MUNICIPAL CREDIT UNION ACCOUNT AGREEMENTS
This Agreement represents our
complete agreement with you relating to our provision of MCU Online and Mobile
Banking services, but does not replace or terminate any other agreements, terms, conditions, disclosures
and fee schedules provided to you separately for your accounts, which continue
to govern your accounts. This Agreement is also supplemented by Addendums that contain
additional disclosures, terms and conditions for specific Online and Mobile
Banking Services, which Addendums form part of this Agreement for purposes of
such Online and Mobile Services. No other statement, oral or written,
including language contained in our website, unless otherwise noted, is part of
this Agreement.
If
there is any conflict between the provisions of this Agreement and any
Addendum, the terms of the Addendum will apply solely with respect to the
applicable Online and Mobile Banking Services.
ONLINE
LOCATIONS FOR CERTAIN REFERENCED DOCUMENTS
The
following internet address www.nymcu.org/disclosures may be used to access certain documents
referenced in this Agreement.
·
Bill
Pay Addendum
·
Mobile
Deposit Agreement
·
Online
and Mobile Banking Agreement
·
Account
Agreement
·
Privacy
Policy
GENERAL ONLINE AND MOBILE BANKING
DEFINITIONS IN THIS AGREEMENT
Account(s) means the deposit and credit
accounts that you have with us under the same root account number used to apply
for MCU Online and Mobile Banking.
Account Access
means your ability to access account and transaction information on Accounts
and transfer funds between Accounts through the Internet.
Addendum
refers to agreements, disclosures and additional terms and conditions
applicable to specific Online and Mobile Banking Services. Addendums form part of this Agreement.
Bill
Pay is an electronic service where you can authorize and
schedule payments to payees you designate.
(See Addendum Bill Pay Agreement for additional terms and conditions)
Business
Day means Monday through Friday, except federal banking
holidays.
Electronic
means electrical, digital, magnetic, wireless, optical or electromagnetic
technology, or any other technology that entails similar capabilities.
Fingerprint ID refers
to technology that uses a fingerprint recognition feature that may be used to
authenticate your identity for access to Online and Mobile Banking Services.
Mobile Deposits
refer to deposits using “Remote Deposit Capture” or “RDC”. RDC allows you to make check deposits using your
mobile or digital devices with our Mobile App or make check deposits by
scanning and uploading the check image through your computer in Online Banking.
(See Addendum Mobile Deposit Agreement (Remote Deposit Capture) for additional
terms and conditions)
Online and Mobile
Banking means electronic access to your accounts and related select
services within our online banking portal or mobile banking application
(“Mobile App”) through an internet enabled computer or mobile device, as
applicable. The Mobile App can be
downloaded directly from the iTunes App store, the Google Play Store and/or via
a link we provide you.
Password
means the confidential alphabetical and/or numerical code selected by you for
identification purposes in connection with the use of MCU Online and Mobile
Banking.
Service
Provider refers to third party licensors of software and/or systems
used to provide Online and Mobile Banking Services and service providers we
contract with to provide certain services such as Bill pay, Mobile Deposits,
and Account Aggregation services.
Transfer means any
electronic banking transaction, including a deposit, withdrawal or payment made
electronically.
MCU
ONLINE AND MOBILE BANKING SERVICES OFFERED AND COVERED IN THIS AGREEEMENT
Upon
registration for MCU Online and Mobile Banking, you will have access to the
Online and Mobile Banking services, including all content, information,
communications, features, products and services.
MCU Online and
Mobile Banking allows you to:
·
view Account balances
·
review recent transactions
·
transfer money between certain
accounts
·
transfer money to pay balances on
certain credit accounts with us
·
subscribe to bill payment services
·
sign up to receive e-statements (in
place of paper periodic account statements)
·
request copies of documents
·
order checks for your checking
Account
·
open certain types of deposit
accounts
·
communicate with us via e-mail
·
request stop payments on checking
Account checks
·
apply for and obtain certain types
of loans or credit products
·
view current loan and savings rates
·
update your e-mail or home and
mailing address
·
locate a branch or ATM
·
set up account alerts for certain
account conditions such as when your balance falls below a certain amount.
Online and Mobile
Banking menus will include any additional services available, or services made
available in the future, along with additional information about the services
offered as necessary.
These activities are limited to the extent noted below and
in the agreements or disclosures governing your various accounts. You should
refer to these agreements or disclosures for restrictions and service charges,
if any. You may also be required to enter into separate agreements that
supplement this MCU Online and Mobile Banking Agreement when you elect to
receive certain products and services.
The terms and
conditions of the MCU Online and Mobile Banking Agreement will apply to these
products and services except to the extent specifically amended by the terms of
these separate supplemental agreements.
We may modify, suspend, or terminate access to MCU Online
and Mobile Banking at any time and for any reason without notice or refund of
fees you may have paid.
SETUP AND USE OF MCU ONLINE AND
MOBILE BANKING
Eligibility:
In order to
activate MCU Online and Mobile Banking, you must be a member in good standing
with MCU and have at least one account with us. You must keep the Password you
selected as part of the online enrollment process in a secure location. You
will be responsible for any unauthorized use of your Password. Any person
having access to your User I.D. (Username) and Password will be able to access MCU
Online and Mobile Banking and perform all transactions, including reviewing
Account information and making transfers to other accounts and to other persons.
Joint Accounts:
Each joint account owner is bound by all the terms and
conditions of this Agreement. Each joint account owner agrees that he/she is
jointly and severally liable for all charges and other responsibilities which
may arise under this Agreement. Unless we are otherwise notified, in writing,
by all owners of an account, each joint owner has full and independent
authority to exercise control over and to conduct transactions on MCU Online
and Mobile Banking, as fully as if he/she were a sole owner, and without the
consent of or notice to any other joint owner. Such powers include, without
limitation, the authority to: (a) transfer funds, including funds payable
solely or jointly to another joint owner; (b) order the payment or transfer of
funds through any designated account; (c) pledge all or any part of the funds
in any Account as security for debts to us whether individual, joint, or of a
non-owner; (d) receive notices, confirmations, statements, demands and other
communications concerning this Agreement, MCU Online and Mobile Banking or any
Account; (e) terminate, modify or waive any provision of this Agreement to the
extent permitted herein; (f) enter into other agreements concerning any of the
foregoing matters or otherwise relating to any joint account with us; and (g)
terminate MCU Online and Mobile Banking services.
Access to All
Existing and Future Accounts: With
MCU Online and Mobile Banking, you will have access to all existing and future
accounts on which you are the owner or joint owner. Subject to the terms
herein, MCU Online and Mobile Banking is generally accessible 24 hours a day,
seven days a week, except that MCU Online and Mobile Banking may be
inaccessible for any scheduled or unscheduled interruptions in the Service for
maintenance, security, or other reasons.
Cut-Off Times:
Cut-off
times for same day processing depend on the particular Online and Mobile
Banking Service used. More information on cut-off time may be made available on
or through the applicable Online and Mobile Banking Service.
Requirements
and Limitation of Use:
·
Funds
transfers using any of our Online and Mobile Banking Services including Bill
Pay, Person to Person Transfers and Electronic Funds Transfers must be sent to
a payee located within the United States and U.S territories.
·
Funds
transfers using any of our Online and Mobile Banking Services are subject to
restrictions and policies defined in your Account Agreement, including but not
limited to: internet gambling prohibition, maintaining adequate funds in your
available balance to cover your transactions, and any and all other terms and
conditions governing your account(s) with us.
·
Transfers
made using Online and Mobile Banking Services are included in the calculation
of the maximum number of permissible transfers to third parties from Savings
and Money Market accounts (no more than six (6) transfers in a statement period),
as described in your Account Agreement.
·
You
may not use any of our Online and Mobile Banking Services if you know or are
informed that the service is malfunctioning or not operating.
·
You
are responsible for ensuring you have funds available for all payments you
authorize.
·
If
you do not use our Online and Mobile Banking Services for more than 6 consecutive
months, we may disable access to your accounts online. You may reactivate the
Online and Mobile Banking Services by contacting us. You may be required
complete the registration process again.
·
You
may also contact us to cancel, restrict or disable access to Online and Mobile
Banking Services, understanding that these actions will apply to Online Banking
and Mobile Banking access to accounts for all Online and Mobile Banking
Services and transactions.
·
Additional
limitations for specific services such as Funds Transfers, Bill Payments,
Member to Member Transfers and Mobile Deposits may be defined elsewhere in this
Agreement or the applicable Addendums, or at the time of your online
transaction.
·
We
may suspend your access to any or all of the Online and Mobile Banking Services
at our discretion and without advance notice to you. Without limiting the
above, we may suspend access at any time without notice to you if for example,
we suspect fraudulent activity may be occurring or has occurred; if you may
have violated or may be in violation of any law or regulation, this Agreement
or any Addendum; you are in violation of MCU’s Member Code of Conduct Policy; or
suspension may be reasonable or necessary in order to protect MCU or our
Service Providers from harm or compromise of integrity, security, reputation,
or operations.
Account Notifications:
MCU
offers both security notifications and optional notifications you can set up
for information about your account and transactions (e.g., balances, last
transactions, low balance and other information about your transactions or
account status). Optional account notifications that you select are generally
processed within one (1) business day after receipt of your selection, and
timing may depend on the type of alert selected and your timing preference.
Certain optional Mobile App notifications can be set within the Mobile App.
Security notifications are provided for your protection when certain changes
are made such as password and user ID updates, changes to your contact
information or the addition of a new Bill Pay payee. Information for both
security notifications and optional notifications will be delivered to you
based on your choice to receive either text (SMS) messages, Mobile App push, or
email messages for notifications. In order to receive notifications via text
message, your mobile device must be subscribed to a wireless service, and you
must be able to receive text messages using your mobile device and your
carrier’s service. PLEASE NOTE: Depending on your wireless service plan,
message and data rates may apply.
By
signing up to receive optional account notifications, you consent to delivery
of such messages in the format you selected (such as text, Mobile App push
notification, or email message). By signing up to receive text messages, you
consent to receive SMS notifications and/or text messages from or on behalf of
MCU to the mobile phone number you have provided. These SMS notifications,
Mobile App push notifications and/or text messages will be solely in connection
with information regarding your account and/or transactions. For additional
information about consent to receive communications, please refer to your
Account Agreement, “YOUR CONSENT TO RECEIVE CALLS AND TEXT MESSAGES”.
For
both security notifications and optional notifications, you are responsible for
notifying us of any changes to the email or mobile device to which messages are
sent. Your full account number will not be included in these types of messages.
However, the information may contain our name and information about your
accounts. Anyone with access to your email or mobile device may be able to view
the contents of the message. It is your responsibility to secure your mobile
device and your email account and to protect your user ID and password. Account
notifications are an informational tool only, and may not reflect real time
information or pending transactions. You should not rely solely on these
notifications for managing your account or informing you of your account
status. You agree that we will not be liable for any delays, failure to deliver
or for any errors in content or for any actions taken or not taken by you or
any third party in reliance on an account alert. If you require additional
details about a transaction or the status of your account, you should sign on
to Online Banking or Mobile Banking or contact us as described in the Contact
Information section of this Agreement.
You
may also receive certain notifications for specific transactions that take
place with respect to your account that you do not initiate, such as Internal
Transfers posted to or from your account.
Biometric
Login:
Mobile Banking supports authentication
using Face recognition ID or Fingerprint ID to login, depending on your
device’s capability. Once authenticated, you can choose to log into the Mobile
App using Face ID or Fingerprint ID in lieu of entering your user ID and
password. If your mobile device offers this functionality, you may enable it
directly through your mobile device settings.
IMPORTANT: Please remember once you
enable fingerprint or face authentication for Mobile Banking, anyone with a
fingerprint or face stored on your device will have access to your account. You
can turn off this feature in your mobile device settings at any time.
Fees:
There may be fees or charges
associated with the use of a specific service to which you may subscribe
through MCU Online and Mobile Banking. You will be required to enter into a
separate Supplemental Agreement for this service and will be notified of any
such fees or charges in the Supplemental Agreement for such service.
You should note that depending on
how you access MCU Online and Mobile Banking, you may incur other charges.
These include charges for:
·
telecommunications charges
·
third-party Internet service
provider fees.
MCU reserves the right to institute or change the fees for MCU
Online and Mobile Banking or related services at any time. You will receive
notice of changes as required by applicable law.
RESPONSIBILITIES
OF THE MEMBER
By
using any of our Online and Mobile Banking Services, you are representing to
MCU and our Service Providers engaged to offer these services, that you are the
account owner or have authority to act on behalf of the owner. You are
responsible for all transactions through your user ID, biometric login, or
other access device, and for any transactions that you authorize. This includes
payments or transactions you authorize in error or that a third party who has
access to your account authorizes, such as an unintended payment or a payment
for the wrong amount. You will be responsible for any losses, charges, fees or
penalties incurred as a result, and for attempts to recoup any lost funds
directly with the payee if you choose to do so.
You
are also responsible for providing and maintaining correct information for all
payees you establish for Bill Pay or any other transfers. If you authorize a
payment and provided incorrect payee information, you will be liable for any
losses or charges related to the payment, and if you choose, for attempts to
recoup any lost funds directly with the payee.
You
must have sufficient funds in your available balance (where applicable,
includes Overdraft Protection, linked line of credit or savings account) to
cover payments you request.
Periodic Statements and
Reporting Errors or Suspected Unauthorized Use
Periodic
account statements will be provided at a minimum, quarterly and as otherwise
required by law (for example, monthly for checking accounts). You agree to
review your statement promptly and report any errors or suspected unauthorized
transactions as soon as discovered. If you believe that someone may have
obtained your access credentials (e.g., user ID and/or password) or may have
transferred or may transfer money from or to your account without your
permission, contact us as soon as possible, preferably by phone. For further
information on error reporting and liability for unauthorized transactions or
errors, see your Member Account Agreement
Authorized
Use of Services by Other Persons:
You
are responsible for keeping your Password and account data confidential. We are
entitled to act on transaction instructions received using your User I.D.
(Username) and Password and you agree that the use of your User I.D. (Username)
and Password will have the same effect as your signature authorizing the
transaction(s). If you enable Face
recognition ID or Fingerprint ID, this authorizes anyone with a fingerprint or
face stored in your device to make transactions on your account using your
Username and Password. If you authorize other persons to
use your User I.D. (Username) and Password in any manner, your authorization
will be considered unlimited in amount and manner until you have notified us in
writing by mail addressed to Municipal Credit Union, 22 Cortlandt Street, New
York, NY 10007, Attention: Home Banking Department, or by e-mail addressed to:
ebranch@nymcu.org
that you have revoked the authorization and wish to change
your Password; and you are responsible for any transactions made by such person
until you notify us that transfers by that person “or instructions regarding
your account(s)” are no longer authorized and we have a reasonable opportunity
to act upon the change of your Password.
Reporting Unauthorized Transactions:
You should notify us immediately if you believe your
Password has been lost or stolen or that someone has transferred or may
transfer money from your account without your permission. To notify us call
(212) 693-4900, write to us at: Municipal Credit Union, 22 Cortlandt Street,
New York, NY 10007, Attention: Digital Solutions Department, or e-mail us at: ebranch@nymcu.org.
Member Liability for Unauthorized
Transactions:
NOTE: Federal law requires that if you believe your Password
has been lost or stolen, and you tell us within two (2) business days after you
learn of the loss or theft, you can lose no more than $50 if someone used your
Password without your permission.
Please tell us AT ONCE if you believe your Password has been
lost or stolen. Telephoning us at (212) 693-4900 or e-mailing us at ebranch@nymcu.org
are the best ways of keeping your possible losses down. If
you do not notify us promptly, it is possible that you could lose all the money
in your Account plus your maximum overdraft line of credit. If you tell us
within two (2) business days, you can lose no more than $50 if someone used
your Password without your permission.
If you do NOT tell us within two (2) business days after you
learn of the loss or theft of your Password, and we can prove that we could
have stopped someone from using your Password without your permission if you
had told us, you could lose as much as $500.
Also, if your statement shows transfers that you did not
make, tell us at once. If you do not tell us within 60 days after the FIRST
statement showing such a transfer was mailed to you, you may not get back any
money you lost after the 60 days, if we could have stopped someone from taking
the money if you had told us in time. Your role is extremely important in the
prevention of any wrongful use of your account. You must promptly examine your
account statement upon receipt. If you find that your records and ours disagree,
you must call us at (212) 693-4900 immediately or email us at: ebranch@nymcu.org.
If a good reason (such as a long trip or a hospital stay)
kept you from telling us, we may extend these time periods.
Resolving Errors or Problems.
If you think your statement or receipt is wrong or if you
need more information about a transfer listed on the statement or receipt,
contact us by telephone at (212) 693-4900, contact us electronically by
e-mailing us at: ebranch@nymcu.org
or write us at Municipal Credit Union, 22 Cortlandt Street,
New York, NY 10007, Attention: Home Banking Department, as soon as you can.
We must hear from you no later than 60 days after we sent
the FIRST statement on which the problem or error appeared. When you contact
us, our representative will need to know the following information:
(1) your
name and account number;
(2) a
description of the error or the transfer you are unsure about, and an
explanation of why you believe it is an error or why you need more information;
(3) the
dollar amount of the suspected error.
If you tell us orally, we may require that you send us your
complaint or question in writing within ten (10) business days.
We will determine whether an error occurred within ten (10)
business days after we hear from you and will correct any error promptly. If we
need more time, however, we may take up to forty-five (45) days to investigate
your complaint or question. If we decide to do this, we will credit your
account within ten (10) business days for the amount you think is in error, so
that you will have 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 10 business days, we may not credit your account.
For errors involving new accounts (within thirty (30) days of the first deposit
being made), point-of-sale, or foreign-initiated transactions, we may take up
to 90 days to investigate your complaint or question. For new accounts, we may
take up to 20 business days to credit your account for the amount you think is
in error. We will tell you the results within three (3) business days after
completing our investigation. If we decide that there was no error, we will
send you a written explanation. You may ask for copies of the documents that we
used in our investigation.
CREDIT UNION’S RESPONSIBILITIES
Our Responsibility for Processing
Transactions:
If we do not complete a transfer to or from your account or
cancel a transfer as properly requested on time or in the correct amount
according to our agreement with you, we are liable for your losses or damages.
Limitations of Our Responsibility for
Processing Transactions:
MCU will not be liable for failures to process transactions:
(a) if,
through no fault of ours, you do not have enough money in your account to make
the transfer;
(b) if
the transfer would go over the credit limit on your overdraft line;
(c) if
the funds in your account were attached or the transfer cannot be made because
of legal restrictions affecting your account;
(d) if
the systems were not working properly and you knew about the breakdown when you
started the transfer;
(e) if
circumstances beyond our control such as interruption of telephone service or
telecommunication facilities, or natural disaster (such as a fire or flood)
prevent the transfer, despite reasonable precautions that we have taken;
(f) if
you have not properly followed the instructions for using MCU Online and Mobile
Banking;
(g) if
your operating system or software was not properly installed or functioning
properly;
(h) if
you or we terminate this Agreement; or
(i) there
may be other exceptions stated in our agreements with you.
Our sole responsibility for an error in a transfer will be
to correct the error, but in no case will we be liable for any indirect,
special, incidental or consequential damages. In states which do not allow the
exclusion of or limitation of liability for indirect, special incidental or consequential
damages, our liability is limited to the extent permitted by applicable law.
Things for Which We Will Not Be Responsible and Further
Limitations on Our Liability:
We will not be responsible for the following matters, or for
errors or failures of MCU Online and Mobile Banking resulting from:
Access:
We will not be
liable under this Agreement for failure to provide access or for interruptions
in access to MCU Online and Mobile Banking due to a system failure or due to
other unforeseen acts or circumstances.
Your Computer Equipment and Your Software:
We will not be responsible for any
errors or failures from any malfunctions of your computer or any computer virus
or other problems related to your computer equipment used with MCU Online and
Mobile Banking.
We will not be responsible for any error, damages or other
loss you may suffer due to malfunction or misapplication of any system you
use, including your browser (Microsoft Internet Explorer®, or otherwise), your
Internet service provider, your personal financial management or other software
(such as Quicken® or Microsoft Money®), or any equipment you may use
(including your telecommunications facilities, computer hardware and modem) to
access or communicate with MCU Online and Mobile Banking.
WARRANTY AND SOFTWARE LIMITATIONS
Warranties of Fitness and Merchantability:
NEITHER WE, NOR ANY OF OUR THIRD-PARTY SERVICE PROVIDERS,
NOR ANY SOFTWARE SUPPLIER, NOR ANY INFORMATION PROVIDER, MAKE ANY WARRANTY,
EXPRESS OR IMPLIED, TO YOU CONCERNING THE SOFTWARE, EQUIPMENT, BROWSER OR OTHER
SERVICES INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF MERCHANTABILITY OR
FITNESS FOR PARTICULAR PURPOSE, UNLESS DISCLAIMING SUCH WARRANTY IS PROHIBITED
BY LAW.
Computer-related Warranties:
Neither
we, nor any of our third-party service providers, nor any software supplier,
nor any information provider, represents and warrants to you that the MCU
Online and Mobile Banking software is free from any defects, computer virus or
other software-related problems. In the event of such defects or computer virus
caused by MCU Online and Mobile Banking software, our sole responsibility shall
be limited to the replacement or the reasonable cost of replacement of the
software we provided in connection with MCU Online and Mobile Banking. We will
not be liable for any indirect, special, consequential, economic or other
damages. In states which do not allow the exclusion of or limitation of
liability for indirect, special, incidental or consequential damages, our li-
ability is limited to the extent permitted by applicable law.
CONSUMER
PRIVACY AND CONFIDENTIALITY
Maintaining the confidentiality and privacy of the
information provided by our members is one of our highest priorities. You
should carefully review our privacy policy as stated on our website at https://www. nymcu.org/privacy
.
Sharing Your Personal Information with Others:
We recognize the importance of protecting the
confidentiality of our members' personal information. Personal information
includes all of the personally identifying information that you provide us in
connection with your Account and your use of MCU Online and Mobile Banking,
including your name, mailing address, e-mail address, Social Security Number,
your income and financial information, your account balance and payment
history, and your credit history and credit score. We may disclose personal
information about you to third parties in certain instances:
(1)
If we have entered into an agreement
with another party to provide any MCU Online and Mobile Banking services. In
this case, we will provide that party with information about your Account, your
Transfers, and your communications with us in order to process your
transactions and maintain your account, among other business purposes permitted
by law;
(2)
If it is necessary for completing
Transfers or otherwise carrying out your instructions;
(3)
If it is necessary to verify the
existence and conditions of an Account for a third party;
(4)
In order to comply with applicable
laws, government agency rules or orders, court orders, subpoenas or other legal
process or in order to give the information to any government agency or
official having legal authority to request such information;
(5) In
order to provide you with information about products and services that we
believe will be interesting to you;
(6) If
you otherwise give us your specific permission.
Your
Use of Third Party Software:
If
you use and authorize third party software such as Quicken, Turbo Tax or other
account management software to access information for your MCU accounts, we are
not responsible for data, reports or any other information produced by such
software.
Links
to Third Party Websites:
Links
to non-MCU websites are provided solely as pointers to information on topics
that may be useful. Please review the Third Party Website section of our Online
Privacy Policy for additional information, available as described in the
PRIVACY POLICY section above.
TERMINATION
MCU Online and Mobile Banking remains in effect until
terminated by you or us. You may cancel MCU Online and Mobile Banking at any
time by notifying us of your intent to cancel in writing, via e-mail at:
ebranch@nymcu.org, or writing to us
at Municipal Credit Union, 22 Cortlandt Street, New York, NY 10007, Attention:
Home Banking Department. This cancellation applies only to MCU Online and
Mobile Banking and does not terminate any other relationship that you may have
with us.
We may terminate your participation in MCU Online and Mobile
Banking for any reason, at any time. We will try to notify you in advance, but
we are not obligated to do so.
CHANGES
IN TERMS AND OTHER AMENDMENTS
We may amend this Agreement. We may add, delete or amend
terms, conditions and other provisions, fees, charges, or other terms described
in this Agreement.
We will send you a notice to the postal address provided
by you and/or send notice to your e-mail address, in the manner required by
applicable law. Any changes to this Agreement will be posted on our website and
will be provided to you when required by law. You are bound by such
change if you use the service after the effective date of the notice.
OTHER
PROVISIONS
Electronic Notice:
We may send notices to you by
electronic mail (e-mail), if you have consented to our doing so as set forth in
the Election and Authorization for Electronic Delivery appended to this
Agreement. You may use e-mail to contact us about inquiries, maintenance and/or
some problem resolution issues. E-mail may not be a secure method of communication.
Thus, we recommend that you do not send confidential personal or financial
information by email. There may be times, when you need to speak with someone
immediately (especially to report a lost or stolen Password, or to stop a
payment). In these cases, do not use e-mail Instead members must call us at
(212) 693-4900, from 8:30 a.m. to 5:00 p.m., E.S.T., Monday through Friday,
excluding holidays.
Ownership of Website:
The content, information and offers on our website are
copyrighted by Municipal Credit Union or other third party service providers
and the unauthorized use, reproduction, linking or distribution of any portions
is strictly prohibited.
Geographic Restrictions:
The
MCU Online and Mobile Banking services described in this Agreement and any
application for consumer credit and deposit services available at our web site
are solely offered to citizens and residents of the United States of America
residing in the United States of America. Citizens and residents may not be
able to access MCU Online and Mobile Banking outside of the United States of
America.
Governing Law:
This Agreement shall be governed by and construed in
accordance with the laws of New York, without regard to conflict of law
provisions. Any disputes regarding this agreement are subject to [the
arbitration agreement]. Any litigation related to this Agreement will be
commenced and conducted in a court of competent jurisdiction located in New
York County, New York and both parties hereby submit to the exclusive personal jurisdiction
of such courts.
CONTACT
INFORMATION
Unless specified in other sections, the
following contact methods are available if you have any questions about this
Agreement or need to contact us for matters related to Online and Mobile
Banking Services.
·
Phone:
Our representatives are available to assist you by calling (212) 693-4900, from
8:00 a.m. to 7:00 p.m., E.S.T., Monday through Friday, excluding federal
banking holidays.
·
Branches:
Find a location near you and hours of availability by using our website
Branches and ATM locator tool or Mobile App. Write us at: 22 Cortlandt Street,
New York, NY 10007, Attention: Home Banking Department
MCU ONLINE AND MOBILE BANKING SERVICES
AGREEMENT E-SIGN DISCLOSURE AND CONSENT
By
checking the “I Agree” box and the clicking the “Continue” button, or by
selecting “Agree” on the mobile app, you consent to all the terms and
conditions of this Agreement, which includes any supplemental terms and conditions
in any Addendum applicable to specific Online and Mobile Banking Services. In addition,
you are also consenting to the electronic delivery of disclosures, notices and
other communication as described below. If you do not wish to receive these
communications electronically, click on the browser back button and we will
mail to the primary address on file for your member account any notices
required by law to be in writing. YOU UNDERSTAND THAT YOU WILL NOT BE ABLE TO
REGISTER FOR ONLINE AND MOBILE BANKING SERVICES UNLESS YOU AGREE TO ELECTRONIC
DELIVERY AS EXPLAINED BELOW.
Retaining
Copies of this Agreement
We
recommend you print and/or save for your records a copy of this Agreement,
along with any other documents provided electronically.
Consent to Electronic
Delivery of Disclosures, Notices and Statements:
Disclosures
and Notices
Certain
laws require us to provide specific information to you in writing, which means
you have a right to receive the information on paper. If you consent to
receiving this information electronically by completing the registration
process, you are consenting to the electronic delivery of the following:
1. This Agreement including all
Addendums and any updates.
2. All disclosures, notices, tax forms
and reports, or other communication regarding transactions you make through
Online Banking, the Mobile App or through any MCU website.
3. This Agreement, including all
Addendums and any updates.
4. All disclosures, notices or other
communication regarding transactions you make through Online Banking, the
Mobile App or through any MCU website.
5. Any other account related agreements
and disclosures including but not limited to account opening disclosures, fee
schedules, disclosures for services and any other disclosures or notices that
may be required by various laws such as Truth in Savings Act, Electronic Fund
Transfer Act, Truth in Lending Act, the Equal Credit Opportunity Act, the Fair
Credit Reporting Act, the Gramm Leach Bliley Act, the Real Estate Settlement
Procedures Act or other applicable federal or state laws and regulations.
6. Privacy Notice – the Notice and any
changes will be posted on our websites.
7. Future changes to any of the
referenced disclosures, agreements and notices
You
agree that MCU does not need to provide you with additional paper
(non-electronic) copies of any electronically delivered documents unless you
specifically request them. Your consent does not prohibit MCU from providing
any referenced documents in paper form.
Receiving
Paper Copies:
Even
though you agree to receive electronic delivery of disclosures, notices and
statements for your account(s), you have the right to receive a paper copy of
documents required to be in written form upon request.
You
may request a paper copy of this Authorization, the Agreement, or any other
Communication, at no cost, by telephoning our Contact Center as (212) 693-4900,
writing us at Municipal Credit Union, 22 Cortlandt Street, New York, NY 10007,
Attn: Home Banking Department or e-mail us at ebranch@nymcu.org.
When
you contact us for that purpose, please be sure to specify which document you
are requesting. If your e-mail address changes, you can update your e-mail
address at any time by clicking on the “Update” box which appears next to your
e-mail address in the upper right corner of your MCU Online and Mobile Banking
web page. We are not responsible for your failure to receive your disclosures
and notices in a timely manner if you fail to keep us updated at all times with
your most current e-mail address. If at any time you wish to withdraw your
consent to this Authorization to receive Communications electronically, you may
do so by telephoning our Contact Center at (212) 693-4900, writing us at Municipal
Credit Union, 22 Cortlandt Street, New York, NY 10007, Attn: Home Banking
Department or e-mailing us at ebranch@nymcu.org. Your withdrawal will become
effective after we have received it and had a reasonable opportunity to act on
it.
E-Statements:
After
you complete the authentication process for Online and Mobile Banking Services
registration, you will be able to select the ESTATEMENT/NOTICES widget and
select or change your preference to “SUBSCRIBE” or “UNSUBSCRIBE” for electronic
delivery of your periodic statements. If you are subscribed, you will receive
your account periodic statements electronically and the provisions of this
E-Sign Disclosure and Consent section apply. If you are unsubscribed, you will
receive your periodic account statements in paper form. You will have the
ability to change the e-statement option at any time through Online Banking or
the Mobile App.
Not
in Scope for This Consent:
The following are not included within
the consent to electronic delivery under this Agreement:
·
Credit
Card and Mortgage Loan Disclosures and Notices: Electronic delivery of
documents, statements and notices related to your credit card and loans are
covered under a separate agreements.
·
Default,
repossession or other related notices.
·
Notices
We May Require from You: Your consent does not apply to any written notice or document
we require from you.
·
Other
Communications: MCU will determine in its sole discretion when it is necessary
to send you any communication in paper rather than electronically, including
marketing communications about our products and services.
Hardware and Software
Requirements:
·
Email
- You will need an active e-mail account with functioning e-mail software.
·
Statements
- If you want to keep printed versions of your e-statements, they will be
available in a downloadable PDF file format that you can view and print using
Adobe® Acrobat® Reader or similar software. To save or print the PDF files, you
need a computer or mobile device that meets Adobe's system requirements and is
capable of printing and/or saving PDF files. If you need the latest version of
Adobe Acrobat Reader, it's a free download from Adobe.
·
Documents
and screens
o
Computer - You will need an Internet-enabled computer capable of
viewing HTML web pages that utilize basic JavaScript. Browsers are required to
be updated to the current versions.
o
Mobile Device - Minimum browser requirements for each mobile
platform are required to be updated to the current versions
·
Security Level - Your computer or mobile device will need to support
the current version of TLS (Transport Layer Security). If you do not maintain
this level, access to Online and Mobile Banking Services may be restricted.
·
Software Updates – We strongly recommend you use the most
up-to-date versions of all software applications used to access Online and
Mobile Banking Services. If your browser is not up-to-date, you may be prompted
to install any updates before you can proceed with your banking session.
·
Material Hardware or Software Requirement Changes - If our hardware
or software requirements change, and that change would create a material risk
that you would not be able to access or retain your electronic records, we will
give you notice of our revised hardware and software requirements. Continuing
to use Online Banking and Mobile Banking after receiving notice of the change
is reaffirmation of your consent to use electronic records and to transact
electronically.
To check the compatibility
of your browser, click on the Browser Support link on the bottom of the log-in
page.
Notifying us of a Change in Your E-mail Account:
You are required to have an
accessible valid email account. You agree to notify us of any change to your
email account by updating your email address in Online Banking or Mobile
Banking or by contacting us.
Withdrawal of Consent to Electronic Delivery of Documents:
You may withdraw consent for electronic delivery of any document
by following the instructions provided in the table below. There is no fee for
paper delivery of these documents; however there are Online and Mobile Banking
Services restrictions if you do not consent to electronic delivery for certain
documents as noted. For email instructions, include the documents for which you
are withdrawing consent, using the description in quotation marks for the name
of the document(s). Please allow up to 30 days for your request to be
processed. If you require assistance or have questions, you may contact us as specified
in the CONTACT INFORMATION section of this Agreement.
If you withdraw your consent
for electronic delivery, all other sections of this Agreement shall remain in
force.
Electronic Delivery Acceptance:
When you agree by completing the Online Banking registration
process you confirm that you are able to access information in an electronic
form and you also agree that we do not need to provide you with an additional
paper (non-electronic) copy of the this Agreement unless specifically requested
by contacting us. You may also print and/or save a copy of this Agreement.
Changes to this Agreement:
We may change this Agreement at any time. For example, we may add,
delete or amend terms or services. Any changes will be incorporated into this
Agreement, and made available through our Online Banking and Mobile App.
Depending on the nature of the change; we may also notify you of such changes
by mail or by e-mail or other direct communication. For certain changes, you
may also be prompted to agree to the updated Agreement before continuing to
access or use the Online and Mobile Banking Services. If you access or use any Online
and Mobile Banking Services after the effective date of a change, your access
or use indicates your agreement to the change(s).
Additional
Terms and Conditions for Apple IOS Users:
The following additional terms apply to your use of the Mobile App
through Apple iOS mobile application software programs (“App Services”),
and are in addition to the Agreement, which is incorporated herein by
reference.
The Agreement is entered into and binding between you and MCU, and
not Apple, Inc. (“Apple”),and as between MCU and Apple, MCU is
responsible for the App Services and their content, subject to the limitations
and disclaimers contained in the Agreement. Apple has no obligation whatsoever
to furnish any maintenance and support with respect to the App Services. MCU,
not Apple, is responsible for addressing any claims by you or any third party
relating to the App Services, including but not limited to: (a) product
liability claims; (b) any claim that the App Services fail to conform to any
applicable legal or regulatory requirement; and (c) claims arising under
consumer protection or similar legislation, including in connection with the
App Services’ use of the HealthKit and HomeKit frameworks. In the event of any
third-party claim that the App Services or your possession and use of the of
the App Services infringes that third party’s intellectual property rights, MCU,
not Apple, will be solely responsible for the investigation, defense,
settlement, and discharge of any such intellectual property infringement claim.
You are only permitted to use the App Services on any Apple-branded
products that you own or control, and as permitted by the App Store Terms of
Service, except that the App Services may be accessed, acquired, and used by
other accounts associated with the purchaser via Apple’s Family Sharing
functionality or volume purchasing. MCU is providing the App Services AS-IS,
and disclaims all warranties of any kind, express or implied, as fully set
forth in the Agreement. To the extent any warranty is nevertheless adjudged to exist
by a court of law or other legal authority with respect to the App Services,
and is not effectively disclaimed by the Agreement, however, MCU, and not Apple,
is responsible for any such warranty term with respect to the App Services.
Apple’s sole warranty obligation in such circumstances is limited to refunding
the App Store purchase price of the particular App Services upon receipt of
notification from you that the App Services failed to conform to the applicable
warranty, and to the maximum extent permitted by law, Apple will have no other
warranty obligation whatsoever with respect to the App Services, and any other
claims, losses, liabilities, damages, costs, or expenses attributable to any
failure to conform to any warranty shall be MCU’s sole responsibility. You must
comply with any applicable terms of third-party agreements relating to your use
of the App Services.
You acknowledge that Apple and its subsidiaries are third-party
beneficiaries of the Agreement with respect to the App Services, and that, upon
your acceptance of the Agreement, Apple will have a right (and will be deemed
to have accepted the right) to enforce the Agreement against you with respect
to the App Services as a third-party beneficiary thereof.
ACCEPTANCE OF
THIS AGREEMENT
By accessing or using Online and Mobile Banking Services, you
agree to abide by the terms and conditions of this Agreement, all applicable
Addendums, and the Member Account Agreement.
BY CHECKING THE “I AGREE” BOX AND CLICKING ON THE "CONTINUE"
BUTTON, OR BY SELECTING “ACCEPT” ON THE MOBILE APP, YOU AGREE TO THE TERMS AND
CONDITIONS OF THIS AGREEMENT AND ALL ELEMENTS HEREOF, INCLUDING AS THIS AGREEMENT
MAY BE CHANGED OR AMENDED IN THE FUTURE. IF YOU DO NOT AGREE TO ALL OF THE
TERMS AND CONDITIONS OF THIS AGREEMENT, CLICK ON THE “CANCEL” OR BROWSER BACK
BUTTON AS AVAILABLE, OR SELECT “DECLINE” ON THE MOBILE APP. IF YOU DO NOT
ACCEPT AND AGREE TO ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU ARE NOT
PERMITTED TO ACCESS OR USE ANY ONLINE BANKING AND MOBILE BANKING SERVICES.
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