Desert Schools Federal Credit Union

Mobile Banking Services Addendum to

Online Banking Terms and Conditions

 

This Mobile Banking Service Addendum (“Addendum”) sets forth additional terms and conditions regarding your use of Desert Schools Federal Credit Union’s (the “Credit Union”) mobile banking service (the “Mobile Banking Service”).  Use of the Mobile Banking Service is governed by the Online Banking Terms and Conditions except as specifically set forth in this Addendum.  If there is a conflict between the Online Banking Terms and Conditions and this Addendum, the terms in this Addendum will govern your use of the Mobile Banking Service.  By registering for or using the Mobile Banking Service, you agree to the terms of both the Online Banking Terms and Conditions and this Addendum. .

1.       Services.  The Mobile Banking Service allows you to access your Credit Union account information and conduct banking transactions through the Credit Union’s online banking services using compatible mobile phones or other mobile devices (“Mobile Device”). To use the Mobile Banking Service, you must download and install a third-party software application (the ‘Software”) on your Mobile Device and follow the procedures for activating the Mobile Banking Service.  The Credit Union reserves the right to modify the scope of the Mobile Banking Service at any time

A list of compatible Operating Systems is included on the Credit Union’s website.  The listing of a compatible operating system is not a recommendation, endorsement or representation of any kind by the Credit Union regarding such operating systems.  You are solely responsible for selecting your Mobile Device and making sure that you know how to properly use your Mobile Device and the Mobile Banking Services. The Credit Union may change or upgrade the Mobile Banking Service from time to time that could require a change or upgrade in your Mobile Device or the Software. You are solely responsible for any required upgrade to your Mobile Device or the Software and any losses caused by your failure to properly use and maintain your Mobile Device.

You agree not to use the Mobile Banking Service or the content or information delivered through the Mobile Banking Service 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 the Mobile Banking Service 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, inaccurate, defamatory or unlawfully harassing; or (h) interfere with, disrupt or attempt to gain unauthorized access to the Mobile Banking Service.

2.       Other Agreements.  Nothing in this Addendum modifies, alters or changes your existing agreement with your third-party Mobile Device provider or carrier.  Your Mobile Device provider or carrier may charge additional fees for use of the Mobile Banking Service or have limits or restrictions that could impact your use of the Mobile Banking Service, for example restrictions on data usage or transfer or fees for sending or receiving text messages.  You agree that you are solely responsible for all such fees, limitations and restrictions and that any problems or issues related to your mobile service are between you and your mobile service provider or carrier.

3.      LicenseProvided that you comply with the terms of this Addendum and other applicable agreements, you are hereby granted a non-transferable, non-exclusive license to download, install and use the Software solely in connection with the Mobile Banking Service.  You agree not to reverse engineer or reverse compile any Mobile Banking Service technology, including, but not limited to, any Software or other mobile phone applications associated with the Mobile Banking Service.

In the event that you wish to change to a different Mobile Device, you will be required to download and install the software to such different Mobile Device.  This license will terminate automatically upon (i) termination or cancellation of the Mobile Banking Service for any reason; (ii) termination or cancellation of your online banking services with the Credit Union for any reason; or (iv) written notice to you at any time, with or without cause.  In the event this License is terminated for any of the foregoing reasons, you agree to promptly delete the Software from your Mobile Device.  

4.         Account Information. You agree to provide and keep all of your account information accurate and current and to only access authorized accounts through the Mobile Banking Service.  You agree that the Credit Union and its service providers may send you, by text message, email, and other methods, communications relating to the Mobile Banking Service, including without limitation welcome messages, notices and information and requests for information relating to use of the Mobile Banking Service.  You agree to keep your password or PIN required to access the Mobile Banking Service confidential.  You are solely responsible for all transactions and other activity through the Mobile Banking Service accessed using your password or PIN.  If you believe your password or PIN has been stolen or is being used without your authorization, please contact the Credit Union immediately. 

5.         Indemnification. You agree to indemnify, defend, and hold the Credit Union and its service providers harmless from and against any and all third party claims, liability, damages, expenses and costs (including, but not limited to, reasonable attorneys’ fees) caused by or arising from your use of the Mobile Banking Service.

6.       Charges for the ServiceYou agree to pay for the Mobile Banking Service in accordance with the Credit Union’s current fee schedule and as amended from time to time. You authorize the Credit Union to automatically charge your account for all such fees incurred in connection with the Mobile Banking Service.

7.       Warranty and Limited Liability.  The Mobile Banking Service is provided AS IS and AS AVAILABLE.  You acknowledge that the Mobile Banking Service may be interrupted, may be limited or may not be accessible over some mobile networks.  You further acknowledge that, from time to time, the Mobile Banking Service may be delayed, disrupted or interrupted and that could result in inaccuracy, delay, misdelivery or error in transmission of data or information.  Information available through the Mobile Banking Service may not be current or may differ from the information that is available directly through the Credit Union website.  The Credit Union and its service providers disclaim all warranties relating to the Mobile Banking Service or otherwise in connection with this Addendum, whether oral or written, express, implied or statutory, including, without limitation, the implied warranties of merchantability, fitness for particular purpose and non-infringement.  Neither the Credit Union nor its service providers will be liable to you or any third party for any indirect, incidental, exemplary, special, punitive or consequential damages of any kind, or for any loss of profits, business, or data, whether based in statute, contract, tort or otherwise, even if the Credit Union or its service providers, as applicable, have been advised of, or had reason to know of, the possibility of such damages. Under no circumstances will the total liability of the Credit Union or its service providers to you in connection with the Mobile Banking Services or otherwise in connection with this Addendum exceed $50.  Some states or jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.

8.       Change, Suspension or CancellationYou may cancel your participation in the Mobile Banking Service at any time by contacting 602-433-7000.  We reserve the right to change or cancel the Mobile Banking Service at any time without notice. We may also suspend your access to the Mobile Banking Service at any time without notice and for any reason, including but not limited to, your non-use of the Mobile Banking Service.

9.       Additional Text Banking Service Terms and Conditions

Your use of Desert Schools’ Text Banking Service (“Text Service”) constitutes your agreement to the following terms and conditions.  These terms and conditions are in addition to and do not supersede or replace any other agreements applicable to your accounts or use of other Credit Union services.

You are responsible for any and all charges, including but not limited to fees associated with text messaging imposed by your communication service provider.  Standard message and data rates may apply.

You agree to provide the Credit Union with a valid mobile number so that the Credit Union may send you information about your applicable account.  You agree that the Credit Union may send you text messages through your wireless provider.  You agree to notify us immediately of any changes to your registered device.

The Credit Union will never send a text message that asks you to supply sensitive, personal or financial information such as your social security number or your account number.  If you receive such a request, do not respond and contact the Credit Union immediately.  The Text Service may not be encrypted and may include personal or confidential information about you such as your account activity or status.  You acknowledge that account information may not include recent or pending transactions or other information subject to restrictions. 

You agree to indemnify, defend and hold harmless the Credit Union from any claims, losses, liability, costs and expenses (including reasonable attorneys’ fees) arising from your use of the Text Service or providing a mobile phone number that is not your own.

You further agree that the Credit Union will not be liable for any failed, delayed or misdirected delivery of any information sent through the Text Service, any errors in information and any action you may or may not take in reliance on this information.

 

 

Desert Schools Federal Credit Union

DS MobileDeposit Service Addendum to Online Banking Terms and Conditions

 

This DS MobileDeposit Service Addendum (“Addendum”) sets forth additional terms and conditions regarding your use of Desert Schools Federal Credit Union’s (the “Credit Union”) DS MobileDeposit Service (the “DSMD Service”).  Use of the DSMD Service is governed by the Online Banking Terms and Conditions and the Mobile Banking Services Addendum except as specifically set forth in this Addendum.  If there is a conflict between the Online Banking Terms and Conditions or the Mobile Banking Services Addendum and this Addendum, the terms in this Addendum will govern your use of the DSMD Service.  By registering for or using the DSMD Service, you agree to the terms of the Online Banking Terms and Conditions, the Mobile Banking Services Addendum, and this Addendum.

1.       The DSMD Service.  The DSMD Service is designed to allow you to make deposits to certain of your Credit Union accounts by electronically transferring digital images of paper checks using compatible mobile phones or other mobile devices (“Mobile Device”). To use the DSMD Service, you must download and install a third-party software application (the “Software”) on your Mobile Device and follow the procedures for activating the DSMD Service.  The Credit Union reserves the right to modify the scope of the DSMD Service at any time

A list of compatible Operating Systems is included on the Credit Union’s website.  The listing of a compatible operating system is not a recommendation, endorsement or representation of any kind by the Credit Union regarding such operating systems.  You are solely responsible for selecting your Mobile Device and making sure that you know how to properly use your Mobile Device and the DSMD Service. The Credit Union may change or upgrade the DSMD Service from time to time that could require a change or upgrade in your Mobile Device or the Software. You are solely responsible for any required upgrade to your Mobile Device or the Software and any losses caused by your failure to properly use and maintain your Mobile Device.

Before sending the electronic image to the Credit Union, you agree to review the image for clarity and accuracy.  You understand and acknowledge that images that are not clear cannot be processed by the Credit Union or may be processed inaccurately.  Even if you are notified that an image has been received, that notification does not mean that the image has been accepted or that it contains no errors.  The Credit Union reserves the right to reject any image.  You are solely responsible for the image and information you transmit.  You understand and agree that any amount credited to your account based on the images sent by you for deposit is a provisional credit and you are responsible for any loss, late fees or other service charges resulting from rejection of the image by the Credit Union.

You agree not to use the DSMD Service or submit images through the DSMD Service 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 the DSMD Service 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, inaccurate, defamatory or unlawfully harassing; or (e) interfere with, disrupt or attempt to gain unauthorized access to the DSMD Service.

The Credit Union may impose limits on the number or amount of deposits that you can transmit using the DSMD Service or other policies and procedures regarding access to and use of the DSMD Service.  The Credit Union reserves the right to change those limits or any policies or procedures at any time. 

2.  Check Requirements.

Any image of a check to be transmitted must accurately and legibly include all information on the front and on the back of the check.  Prior to capturing the image of the check, you agree to endorse the back of the original check.  The endorsement must include your signature as your name appears on the check and the following information:  “For Deposit Only via DS MobileDeposit” followed by the account number to which the check is being deposited.    Endorsements that do not contain this information as stated might be rejected.  Specifically, the image must include identification of the drawer and the paying bank that is preprinted on the check including complete and accurate bank account numbers at the bottom of the check.

 

You agree to not submit images of any of the following:

a. Checks or items payable to any other person or entity other than you.

b. Checks or items issued by you or any other person on any of your accounts or on any accounts on which you are an authorized signor.

c.  Checks or items containing obvious alterations in any field on the front of the check, or which you know or suspect are fraudulent or not authorized by the account holder on which the check or item is drawn.

d. Checks or items drawn on a financial institution outside of the United States or that is not payable in United States currency.

e. Checks or items dated more than six months prior to the date of deposit.

f. Checks or items prohibited by the Credit Union’s policies for use of the DSMD Service or applicable to your account.

 

You agree to securely store each original check for a period of 30 days after the deposit is posted to your account and to provide the Credit Union with the original check upon request.  You agree never to re-present the check.  After the 30 days period, you agree to mark the check as electronically presented or void and to dispose of the check to ensure it will not be presented again for payment.   

 

The Credit Union will notify you of any transactions that cannot be processed because a check or other item is returned.  You agree that the Credit Union can debit your account for any returned check or item deposited through the DSMD Service.

3.  Business Days and Funds Availability

Our business days are Monday through Friday, excluding Federal holidays, and Credit Union declared holidays as published in our quarterly newsletter available through your e-statements.  Imaged items transmitted before 7:00 p.m. Mountain Standard Time on a business day shall be considered received by the Credit Union on that day.  Imaged items transmitted on a non-business day or after 7:00 pm on a business day shall be considered received by the Credit Union on the following business day.  The transmitted image is considered received by us only when we expressly acknowledged such receipt.

 

We generally apply the Credit Union’s Funds Availability Policy (as stated in our Statements of Terms, Conditions and Disclosures) to check images received through the RDC Service in the same manner as if we had received the original paper check.  However, in addition to any exceptions noted in the Funds Availability Policy, we may delay availability of funds from any deposit you make through the DSMD Service at any time in our sole discretion, dependent on our ability to collect based upon any check image that you present

4.       Other Agreements.  Nothing in this Addendum modifies, alters or changes your existing agreement with your third-party Mobile Device provider or carrier.  Your Mobile Device provider or carrier may charge additional fees for use of the DSMD Service or have limits or restrictions that could impact your use of the DSMD Service, for example restrictions on data usage or transfer or fees for sending or receiving text messages.  If you download software for use of the DSMD Service from a third party provider, use of the software may be subject to additional terms and conditions and fees.  You are responsible for complying with all agreements between you and your mobile carrier and any software application provider.  You agree that you are solely responsible for all such fees, limitations and restrictions and that any problems or issues related to your mobile service are between you and your mobile service provider or carrier or any software application provider.

5.      LicenseProvided that you comply with the terms of this Addendum and other applicable agreements, you are hereby granted a non-transferable, non-exclusive license to download, install and use the software or other technology solely in connection with the DSMD Service.  You agree not to reverse engineer or reverse compile any DSMD Service technology, including, but not limited to, any software or other mobile phone applications associated with the DSMD Service.

In the event that you wish to change to a different Mobile Device, you will be required to download and install the software to such different Mobile Device.  This license will terminate automatically upon (i) termination or cancellation of the DSMD Service for any reason; (ii) termination or cancellation of your online banking services with the Credit Union for any reason; or (iii) written notice to you at any time, with or without cause.  In the event this License is terminated for any of the foregoing reasons, you agree to promptly delete the Software from your Mobile Device

6.         Account Information. You agree to provide and keep all of your account information accurate and current and to only access authorized accounts through the DSMD ServiceYou agree that the Credit Union and its service providers may send you, by text message, email, and other methods, communications relating to the DSMD Service, including without limitation welcome messages, notices and information and requests for information relating to use of the DSMD Service.  You agree to keep your password or PIN required to access the DSMD Service confidential.  You are solely responsible for all transactions and other activity through the DSMD Service accessed using your password or PIN.  If you believe your password or PIN has been stolen or is being used without your authorization, please contact the Credit Union immediately.   Unless you have notified us in accordance with paragraph 9 of this Addendum, you represent that the phone number(s) provided are owned by you and phone(s) and phone number(s) are and continue to be under your control.

We may monitor your account and usage of the DSMD Service for compliance with laws and regulations and this Addendum.  We may provide personal data to our service providers as necessary to provide the DSMD Service to you.  

7.         Indemnification. You agree to indemnify, defend, and hold the Credit Union and its service providers harmless from and against any and all claims, liability, damages, losses, expenses and costs (including, but not limited to, reasonable attorneys’ fees) caused by or arising from your use of the DSMD Service or any violation of this Addendum.

8.       Charges for the ServiceYou agree to pay for the DSMD Service in accordance with the Credit Union’s current fee schedule and as amended from time to time. You authorize the Credit Union to automatically charge your account for all such fees incurred in connection with the DSMD Service.

9.       Warranty and Limited Liability.  The DSMD Service is provided AS IS and AS AVAILABLE.  You acknowledge that the DSMD Service may be interrupted, may be limited or may not be accessible over some mobile networks.  You further acknowledge that, from time to time, the DSMD Service may be delayed, disrupted or interrupted and that could result in inaccuracy, delay, misdelivery or error in transmission of data or information.  Information available through the DSMD Service may not be current or may differ from the information that is available directly through the Credit Union website. 

We are not responsible for any failure to perform our obligations or provide the DSMD Service due to fire, earthquake, flood or any failure or delay of computer or communication systems or other causes beyond our control.  Neither we nor any service provider can foresee or anticipate technical issues or difficulties that could result in loss or deletion of data, personalized settings or interruptions in the DSMD Service.  We assume no liability for the operation, security or availability of any wireless device or network that you use to access the DSMD Service.     

The Credit Union and its service providers disclaim all warranties relating to the DSMD Service or otherwise in connection with this Addendum, whether oral or written, express, implied or statutory, including, without limitation, the implied warranties of merchantability, fitness for particular purpose and non-infringement.  Neither the Credit Union nor its service providers will be liable to you or any third party for any indirect, incidental, exemplary, special, punitive or consequential damages of any kind, or for any loss of profits, business, or data, whether based in statute, contract, tort or otherwise, even if the Credit Union or its service providers, as applicable, have been advised of, or had reason to know of, the possibility of such damages. Under no circumstances will the total liability of the Credit Union or its service providers to you in connection with the DSMD Service or otherwise in connection with this Addendum exceed $50.  Some states or jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.

10.     Change, Suspension or CancellationYou may cancel your participation in the DSMD Service at any time by contacting 602-433-7000.  We reserve the right to change or cancel the DSMD Service at any time without notice. We may also suspend your access to the DSMD Service at any time without notice and for any reason, including but not limited to, your non-use of the DSMD Service.

Any disputes arising from use of the DSMD Service or this Addendum shall be resolved as provided in your Online Banking Terms and Conditions.