READ THIS SERVICES AGREEMENT AND DISCLOSURE STATEMENT CAREFULLY AND PRINT A COPY FOR YOUR FILES.
THIS SERVICES AGREEMENT PERMITS TOWN & COUNTRY FEDERAL CREDIT UNION AND THE MEMBER TO DELIVER CERTAIN INFORMATION TO EACH OTHER ELECTRONICALLY INSTEAD OF ON PAPER OR "IN WRITING." THE INFORMATION WHICH MAY BE DELIVERED ELECTRONICALLY INCLUDES, BUT IS NOT LIMITED TO, NOTICES, DISCLOSURES AND OTHER INFORMATION REQUIRED BY FEDERAL LAW.
In this Agreement, the words "you" or "your" mean the member or business that has enrolled in Town & Country Federal Credit Union's Online/Electronic Banking Services and "we", "us" or "our" refers to Town & Country Federal Credit Union. "Account" or "accounts" refer to your Town & Country Federal Credit Union's accounts that you have designated for use with the Services.
If you consent to our online/electronic banking services agreement and disclosure statement, you can print or request a copy of the document for your records, click agree and proceed with your enrollment. By your consent you agree that we may provide you with all disclosures, notices and other communications (the "documents") about Online Banking, Mobile Banking, Bill Pay and the Services, including the Online/Electronic Banking Services Agreement and any future amendments, in electronic form. You may download or print the documents from your electronic device. You have the right to obtain copies of any of the documents we provided electronically. At your request, we will provide you with a paper copy of any of the disclosures you have agreed to without a fee. You have the right to withdraw this consent without any fee. Upon your withdrawal of consent, we will immediately terminate your participation in Text, Mobile, Online Banking, Bill Pay or Services. Withdraw your consent to our electronic disclosures by calling us at (800) 649-3495, or write to us at Town & Country Federal Credit Union, P.O. Box 9420, South Portland, ME 04116-9420.
If you do not consent to our electronic disclosures, close out the agreement. On the enrollment screen, click on the cancel button. If you choose not to consent to our electronic disclosures, you will not be able to access our Text, Mobile, Online Banking, Bill Pay or the Services.
This Town & Country Federal Credit Union Online/Electronic Banking Services Agreement (the "Services Agreement") contains important terms and conditions which govern the following Town & Country Federal Credit Union Online/Electronic Banking services: Text Banking, Mobile Banking, Online Banking ("Internet Banking"), Bill Pay, and certain other electronic banking services offered through Town & Country Federal Credit Union Online/Electronic Banking (collectively, the "Services"). You understand and agree that by using the Services, you are accepting the terms and conditions of this Services Agreement, and that your use of your login credentials will be considered the same as your written signature in authorizing us to complete any transaction or request communicated to us. All electronic communications that meet these requirements will be deemed to be valid and authentic and you intend and agree that those electronic communications will be given the same legal effect as written and signed paper communications. You agree that electronic copies of communications are valid and you will not contest the validity of the originals or copies, absent proof of altered data or tampering. Because the Services are performed electronically, they are governed by federal and state laws and regulations pertaining to electronic funds transfers which entitle you to certain benefits and protections, which are contained in this Services Agreement.
The following provisions constitute Consent to Electronic Delivery of information from Town & Country Federal Credit Union (hereinafter referred to as "we", "our", "us", and "Credit Union") concerning electronic delivery of statements, letters and notices concerning accounts maintained by any individual, corporation, partnership, association, or other legal entity (herein referred to as "you", "yours", "Depositor", and "Member"). To the extent there is any conflict between any Statement or Letter made in this Online/Electronic Banking Services Agreement and Disclosure Statement (the "Agreement") and the Rules, this Agreement shall control.
Election And Authorization For Electronic Delivery
By checking the terms and conditions box within online banking, you elect and authorize us, at our discretion, to electronically deliver your account statements, letter(s) and notices that we are required to provide to you under applicable Federal and State statutes and their implementing regulations, as amended from time to time, including:
Other Federal and State statutes may be enacted or amended in the future to provide for electronic delivery of account statements, letters and notices. You also authorize us, at our discretion, to provide electronic delivery of such statement, letters and notices pursuant to these statutes after they become effective. If there is more than one Depositor/Borrower that is a party to the account, notice to any one Depositor/Borrower will be effective for all.
You have the right to have account statements, letters and notices provided to you in paper form; however, your consent remains in effect until you withdraw it. Consent to receive electronically delivered documents can be withdrawn at any time without charge. The procedure for withdrawing consent and for updating the address for receiving electronically delivered documents is to send a written request withdrawing consent by email to [email protected] or a written communication to Town & Country Federal Credit Union, 557 Main Street, South Portland, ME 04106, or you may log into your online banking service with us and cancel that electronic service . You have the right to request and obtain a paper version of an electronically delivered document and there is currently no fee charged to you for that paper copy.
Security Measures
We will use commercially reasonable measures, consistent with industry standards, to maintain a reasonable level of security over the information contained in the electronically delivered account Letter(s) and notices. Upon your election of the Communications service, the Credit Union will "prenote" your e-mail address by sending you a test e-mail and requiring you to enter a code prior to initiating our Communications services. Our security consists of 128-bit encryption of the data on the Communications to protect it while in transit over the Internet. YOU UNDERSTAND THAT THESE INDUSTRY STANDARDS ARE DYNAMIC AND CONSTANTLY DEVELOPING. BY ACCEPTING THESE TERMS & CONDITIONS, YOU ACKNOWLEDGE AND UNDERSTAND THAT THERE ARE RISKS TO ELECTRONIC DELIVERY OF ACCOUNT STATEMENT(S), LETTER(S) AND NOTICES, INCLUDING, BUT NOT LIMITED TO, DELAY OR FAILURE OF DELIVERY DUE TO TECHNICAL DIFFICULTIES, WEATHER CONDITIONS (INCLUDING BUT NOT LIMITED TO SUN SPOTS), MATTERS BEYOND OUR REASONABLE CONTROL OR INTERCEPTION AND/OR ALTERATION OF SUCH ACCOUNT STATEMENTS, LETTER(S) AND NOTICES BY THIRD PARTIES IN SPITE OF THE CREDIT UNION'S COMMERCIALLY REASONABLE SECURITY MEASURES. BY ACCEPTING THESE TERMS & CONDITIONS FOR COMMUNICATIONS, YOU REPRESENT THAT YOU HAVE CONSIDERED OUR SECURITY MEASURES AND FIND THAT OUR SECURITY MEASURES ARE COMMERCIALLY REASONABLE. IN REACHING THIS CONCLUSION, YOU HAVE CONSIDERED THE HISTORICAL AND POTENTIAL FUTURE CONTENT OF YOUR ACCOUNT STATEMENT(S), LETTER(S), THE RISKS ASSOCIATED WITH ELECTRONIC DELIVERY OF ACCOUNT STATEMENT(S), LETTER(S) AND OUR SECURITY PROCEDURES. IF YOU CONCLUDE THAT OUR SECURITY PROCEDURES CEASE TO BE COMMERCIALLY REASONABLE IN THE FUTURE, YOU MUST TERMINATE THIS AGREEMENT IMMEDIATELY IN ACCORDANCE WITH PARAGRAPH 6(b).
Your Computer's Specifications
In order to receive Communications services, your computer hardware, software and your Internet service provider ("ISP") must meet the following specifications:
| Operating Systems: | Windows 7 or above; Mac OS® X or above |
| Browsers: | Final release versions of Internet Explorer 11.0 or above (Windows only); Mozilla Firefox 4.0 or above (Windows and Mac); Safari 9 or above (Mac OS only); Google Chrome 5.0 or Above. |
| PDF Reader: | Current version of Acrobat® or similar software that allows you to receive PDF files. |
| Screen Resolution: | 1024 x 768 minimum |
| Enabled Security Settings: | Allow per session cookies |
| Hardware: | A personal computer or tablet on which you have access to the Internet |
E-Mail Address
We will send your account alerts and periodic notifications of account statement(s) and letter(s) to you via e-mail to the last known e-mail address provided and verified by you (as per the requirements of the set-up process). You can update your email address with us through your online banking. For your protection and for security purposes, we will not accept any change of e-mail address notices via e-mail or telephone. If you have not updated your e-mail address, you agree that your failure to provide us with a good e-mail address is the lack of ordinary care on your part. If we become aware that you are not receiving your e-statements, eNotice (s) and notices, we will send your statements, letter(s) and notices to you via U.S. Mail to your last address known to us.
If you have a "multiple-party account" as defined in the Rules, your e-mail address may be changed using the procedure described above by any authorized party to your account. THE CREDIT UNION SHALL HAVE NO OBLIGATION OR LIABILITY TO ANY OF THE PARTIES TO A MULTIPLE-PARTY ACCOUNT IF THE E-MAIL ADDRESS IS CHANGED USING THE PROCEDURES SET FORTH ABOVE.
Prompt Review Of Communications
An e-mail will be sent to you at the address on record which will notify you that your statement or eNotice is available for you to retrieve and review. You must promptly review your e-statement or eNotice and any accompanying items and notify us in writing or via e-mail at [email protected] (within the applicable time periods specified in the Rules) of any error, unauthorized signature, lack of signature, alteration or other irregularity. If you allow someone other than you to review your statements or letters, you must still review the statement or letter for any errors, unauthorized signatures, lack of signatures, alterations, or other irregularities because you will be responsible for the wrongful acts of your employees and agents. Any applicable time periods within which you must notify us of any errors on your account statement(s) or letter(s) shall begin on the E-mail Date regardless of when you receive and/or open the e-statement or eNotice.
Disclaimer Of Warranty
WE MAKE NO WARRANTIES OF ANY KIND WITH RESPECT TO THE SOFTWARE PROGRAM USED TO ACCESS THE COMMUNICATIONS SERVICES, AND WE DO NOT WARRANT THAT THE SOFTWARE PROGRAM OR THAT COMMUNICATIONS SERVICES WILL MEET YOUR SPECIFIC REQUIREMENTS. WE MAKE NO WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO THE USE AND ADEQUACY OF THE SOFTWARE PROGRAM OR THE COMMUNICATIONS SERVICES WE PROVIDE UNDER THIS AGREEMENT. WE DISCLAIM ANY AND ALL IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
Notice Of Unauthorized Access
If you believe your statement or eNotice is lost or that someone has obtained access to your statement or eNotice without your permission, call us at (800) 649-3495 or write us at Town & Country Federal Credit Union, P.O. Box 9420, South Portland, ME, 04116-9420.
Liability; Indemnification
NOTWITHSTANDING ANY PROVISION TO THE CONTRARY CONTAINED IN THIS AGREEMENT, WE SHALL BE RESPONSIBLE ONLY FOR PERFORMING THE COMMUNICATIONS SERVICES AS EXPRESSLY PROVIDED FOR IN THIS AGREEMENT. WE SHALL BE LIABLE ONLY FOR MATERIAL LOSSES WHICH ARE THE DIRECT RESULT OF OUR OWN NEGLIGENCE OR INTENTIONAL MISCONDUCT IN PERFORMING THESE COMMUNICATIONS SERVICES. WE SHALL HAVE NO LIABILITY FOR FAILURE TO PERFORM ANY COMMUNICATIONS SERVICES OR FOR ANY DISRUPTION OR DELAY IN PERFORMING COMMUNICATIONS SERVICES IN THE EVENT SUCH FAILURE, DISRUPTION OR DELAY IS DUE TO CIRCUMSTANCES BEYOND OUR REASONABLE CONTROL, INCLUDING, BUT NOT LIMITED TO, FAILURE OR DISRUPTION OF ELECTRIC POWER, COMPUTER EQUIPMENT, TELECOMMUNICATIONS SYSTEMS, YOUR ISP, OR WEATHER CONDITIONS. WE SHALL HAVE NO LIABILITY FOR ANY CONSEQUENTIAL, SPECIAL, PUNITIVE DAMAGES OR INDIRECT LOSS UNDER ANY CIRCUMSTANCES. EXCEPT TO THE EXTENT THAT WE ARE LIABLE UNDER THIS AGREEMENT, YOU AGREE TO INDEMNIFY AND HOLD US AND OUR DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS HARMLESS FROM ALL CLAIMS, DEMANDS, JUDGMENTS, AND EXPENSES (INCLUDING REASONABLE ATTORNEYS' FEES) ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE PERFORMANCE OF THESE COMMUNICATIONS SERVICES. YOU AGREE THAT THIS INDEMNIFICATION SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT.
Account Access - To access your account via the Services, you must have at least one eligible deposit account, a Member Identifier ("User ID") , and a password (the "Password") that you choose. You may only designate accounts that you own jointly, severally or otherwise or that you have the authority to use. You agree to provide us with any additional documentation we may require to permit access to your account. If you apply for an account or service via Online/Electronic Banking, or ask to change an account or service you already use with us, you agree that we can treat your application or request as if it had been made in writing and signed by you. You understand by enrolling for Bill Payment, that you authorize us to investigate and verify any information supplied by you. You authorize us to make any credit or investigative inquiry that the Credit Union determines is appropriate to utilize bill payment services.
Joint Accounts - If you have designated a joint account to be accessible via the Services, each joint owner will be jointly and severally liable under this Services Agreement. We may act upon the instructions of any joint owner concerning the account without the consent of any other person.
Special Withdrawal Limitations - Banking regulations limit your ability to transfer funds between certain accounts, as described in the terms and conditions governing your deposit account (the "Deposit Agreement"). For example, you can make no more than six (6) transfers from a savings or money market savings account during each monthly cycle. Transfers to another account or for making payment to a third party by means of a preauthorized or telephone agreement, order or instrument, withdrawals using a telephone, items processed through the Services, and checks are all counted against the permissible number of transfers, as are other transfer methods described in your Deposit Agreement, except where the transfers are made to pay on a loan with us.
Limitations and Dollar Amounts for Transfers and Payments - Transfers from one designated account to another may not exceed the available balance in your account from which the transfers are made. Bill payments are limited to a standard $9,999.99 per bill with a daily limit of $19,999.99 and may not exceed the available balance in the account from which payments are made. We reserve the right to limit the frequency and dollar amount of transactions from your designated accounts for security reasons.
Your Password - We will be entitled to act on all instructions received under your Password. Since your Password is used to identify you as an authorized user of the Services, you agree to notify us immediately if the secrecy of your Password is compromised, and you also agree not to reveal your Password to any person not authorized to use the Services. The security of your Account depends upon maintaining the secrecy of your Password. You may change your Password at any time while you are using the Services. To assist us in maintaining the security of your Services account(s), we may revoke or cancel your Password at any time without giving you prior notice.
You agree not to use your Password for any transaction that would cause your account balance to go below zero. We will not be required to complete any such transaction, but if we do, you agree to pay us the amount of the improper withdrawal or transfer upon demand and any associated fees for such service. Otherwise, you authorize us to collect any such amounts, including the amount of the service fees you may owe us from any account you maintain with us.
Protecting Your Account - You are solely responsible for maintaining the secrecy of your login credentials. For your protection, we recommend you memorize this information, do not write it down, and change it periodically. Properly constructed credentials afford you a greater degree of assurance and are more secure if a) they contain more characters, b) if those characters are both alpha and numeric characters, c) if they consist of both upper and lower case.
If your log in criteria is entered incorrectly on several consecutive attempts, your access to the Services will be blocked. To activate, please call Member Services at (800) 649-3495. You should also take precautions to protect your personal identification information, such as your driver's license, Social Security Number, etc. Someone may use this information alone, or in conjunction with other information, to access your account. If you believe that your login criteria has been lost or stolen, or that someone has transferred or may transfer money from your account without your permission, notify us immediately by calling the number above. We reserve the right to deny access if user verification cannot be determined.
Your Electronic Device - You agree to be fully responsible for the installation, maintenance and operation of your electronic device and software. We are not responsible for any errors or failures from the malfunction of your electronic device, software, or for any virus or related problems associated with the use of an online system. You will be responsible for contracting with your own Internet Service or Phone Provider. You are responsible for the security of your electronic device. You must also meet our minimum browser requirements.
Secure Online/Electronic Messaging Services - You may communicate with us through our secure messaging service. To ensure the security of your account information, we encourage you to use only this service when transferring information to us regarding your account.
New Services - We may, from time to time, introduce new Online/Electronic Banking services. You will be notified of these services and we may update this Services Agreement to incorporate any new services. If you are a consumer, your use of the new services will signify your acceptance of the terms and conditions governing these new services.
Fees and Charges - The fees and charges for the Services are listed on our Fee Schedule, which is available online on our website or by request. You agree that we may change the terms of this Services Agreement, including the fees, at any time, and you will be notified of any such change by mail or by an electronic message. You understand that by using the Services after any change becomes effective, you have agreed to the changes.
When You May Access Your Account - Subject to conditions beyond our control, you can access your accounts via the Services 7 days a week, 24 hours a day. There may be times, however, when some or all of the Services may not be available.
What You Can Do - If you have enrolled in Online/Electronic Banking, you may:
The following services may not be available through all electronic channels:
Balance Inquiries - You may use Text, Mobile, or Online Banking to check the balances and recent activity of your Accounts.. The balance shown may not be your actual available balance. The balance shown may also differ from your records because it may not include deposits in progress, outstanding checks, or other withdrawals, payments or charges, or items in process.
Funds Transfers Between Town & Country Federal Credit Union Accounts - You may transfer funds between eligible Town & Country Federal Credit Union accounts through Text, Mobile, or Online Banking. An "eligible account" is an Account linked to the Online/Electronic Banking service that does not have withdrawal restrictions. Eligibility is based on account type and member to account relationship. When you request a transfer of funds between your Town & Country Federal Credit Union accounts, you authorize us to withdraw the necessary funds from the Town & Country Federal Credit Union account you designate. You agree that you will instruct us to make a withdrawal only when a sufficient balance is or will be available in your designated account at the time of withdrawal. We will not be obligated to act on any withdrawal instruction if there are not sufficient funds in the account you have designated.
Special Note: Borrowing from an existing line of credit you have with us shall be subject to the terms and conditions of your line of credit agreement.
Alerts
Pay Loans - You may make a payment on any Town and Country loan from funds you have on deposit at a financial institution other than Town and Country. You may access the Loan Payment Tool through Online Banking and making payment with a debit card or by initiating an Electronic Funds Transfer connected to an account you have at another financial institution.
Stop Payments - You may initiate stop payment requests only for paper checks you have written (non-electronically) on your Credit Union account. By placing a stop payment order on-line, you have authorized, directed and requested us to stop payment on the check requested. You agree to indemnify and hold us harmless from any and all claims, liabilities, costs and expenses, including but not limited to, court costs and reasonable attorney fees, resulting from or growing out of our refusal to pay the stopped check. We shall have no liability to you for the payment of the identified check contrary to this stop payment order if the indicated check number, dollar amount or account number is not accurate. We are not liable to you if we paid the identified check if we acted in good faith or exercised ordinary care. Any damages that you incur and which we may be liable for are limited to actual damages not to exceed the amount of the check. You understand that if the stop payment order comes too late for us to have a reasonable time to act on it prior to accepting, certifying, paying, settling for, posting or becoming accountable for the check, that this stop payment order shall be of no effect. This stop payment order shall be governed by the provisions of the Uniform Commercial Code in effect in the State of Maine. This stop payment order shall be valid for a period of six (6) months from the date it is made unless we have received a revocation or renewal prior to expiration of such period.
You agree that we may charge you a fee for processing this stop payment order as well as a similar fee for each renewal you make, such fee to be deducted from your account. Refer to the current schedule of fees for your account.
Member Service - If you need assistance with Online/Electronic Banking, or if you need to communicate with Town & Country Federal Credit Union, please notify us by:
Lost or Stolen Device.
Some Bill Pay Services may not be available through all electronic channels.
Payees - You may schedule current, future or recurring payments to a person or business in the United States through Bill Pay. By furnishing us with the names, addresses, telephone numbers, and account information of your Payees, you authorize us to follow your payment instructions to these Payees. Payments may only be made from an active funding account. You are solely responsible for maintaining the current address and account number of each Payee that you designate.
Prohibited Payments - You may not use Bill Pay to make payments to payees outside the United States or U.S. Territories. You may not make a payment of alimony, child support, taxes, other governmental fees, or court directed payments through Bill Pay.
Funding Account - To enroll for Bill Pay, you must have at least one linked Town & Country Federal Credit Union checking account. Payments made through Bill Pay can only be sent to payees within the United States. You may use Bill Pay to make payments from linked accounts. You must designate the account from which Town & Country Federal Credit Union is to make payment. This account will be known as the Funding Account. By originating a Bill Pay request, you authorize us to withdraw the necessary funds from your Funding Account. You agree that you will instruct us to make a withdrawal only when a sufficient balance is or will be available in your Funding Account at the time of scheduled withdrawal. We will not be obligated to act on any withdrawal instruction from you if there are insufficient funds in the Funding Account. If you have overdraft protection on your Funding Account, we may use available funds in that overdraft protection account to cover Bill Pay requests. For account holders who have multiple accounts affiliated with Bill Pay, if you close your Funding Account, you must notify us and identify a new Funding Account or we may select one for you. For Bill Pay Services, every day is a business day, except Saturday, Sunday and federal holidays. Saturday, Sunday and Monday are considered one business day. Federal holidays are considered part of the following business day.
Scheduling Payments - You may use Bill Pay to schedule payments on the date that you enter the payment information, on a future date, or on the same date of each month, subject to restrictions set forth in this Agreement. You may enter payment information 24 hours a day, 7 days a week (subject to system availability), but payments will only be initiated by us on business days. Bill Payments are processed on the requested due date. Payments will be made by electronic funds transfers if the Payees are set up to receive such payments, or by check if they are unable to receive electronic funds transfers. The time period which is required to process payments will vary according to the payment method and other factors. Payments issued by check through the bill pay system will be considered stale dated 90 days after the initiation date. At this time, a stop payment may be issued on any outstanding check.
We will not be responsible for any loss you may incur as a result of a late payment if your payment is not scheduled within the time periods described in this Section.
Future or Recurring Bill Pay - You may schedule a future or recurring payment to be initiated by us on any future business day (up to 364 days in advance) through Bill Pay. We shall complete the payment, provided there are sufficient funds in your Funding Account. You will receive confirmation the payment is scheduled at the time you request the payment. If a payment fails for any reason, you will receive notification via an electronic message. To ensure proper notification, please provide us with your most current email address, updating as necessary.
Recurring bill payments must be in the same amount each period (weekly, monthly, semi-annual, etc.). If the regular payment date falls on a weekend or a holiday, it will be initiated on the following business day.
Changing or Canceling Payments - You may utilize Bill Pay to: (1) modify either the payment amount or date the bill payment is initiated for any future or recurring bill payment at any time prior to 3:00p.m. Eastern Time on the date the bill payment will be initiated by us, or (2) cancel a current, future, or recurring bill payment, at any time, prior to 3:00 p.m. Eastern Time on the date the bill payment will be initiated by us.
Once an electronic payment has been submitted to the payee, the payment may not be stopped or cancelled. There may be times when a payment issued by check may be cancelled through a stop payment request. Stop payments must be initiated through member services at (800) 649-3495. Stop payment fees apply. Refer to Fee Schedule.
WE RESERVE THE RIGHT TO REFUSE TO HONOR PAYMENT REQUESTS THAT REASONABLY APPEAR TO US TO BE FRAUDULENT OR ERRONEOUS.
eBill Presentment - Bills presented through eBill presentment are produced and controlled by the payee(s) listed. In most cases, a paper bill will no longer be sent. Should your payee(s) provide both a paper bill and an electronic bill, we suggest that you pay the bill that is received electronically to avoid making duplicate payments. To discontinue the paper bill, it may be necessary to contact the payee(s) directly. Electronic bills are available to view electronically for 24 months. The length of time a bill is available varies depending on your payee(s). Cancellation of bill pay will result in discontinuation of the eBill relationship with your payee(s). It may be necessary to contact the payee(s) directly to re-initiate a paper bill. The receipt of an eBill for discontinued relationships may result in an email notification.
You will be responsible for any Bill Pay request you make that contains an error or is a duplicate of another Bill Payrequest. Town & Country Federal Credit Union is not responsible for a Bill Payrequest that is not made if you did not properly follow the instructions.We are not liable for any failure to make a Bill Pay payment if you fail to promptly notify us after you learn that you have not received credit from a Payee for a payment. We are not responsible for your acts or omissions or those of any other person, including, without limitation, any transmission or communications facility, and no such party shall be deemed to beTown & Country Federal Credit Union's agent. In any no event shallTown & Country Federal Credit Union be liable for any special, consequential, incidental, or punitive losses, damages, or expenses in connection with this Services Agreement or the Services. Town & Country Federal Credit Union is not liable for any act, failure to act or delay in acting if it is caused, in whole or in part, by any cause beyond our reasonable control.
Canceling Bill Pay - We reserve the right to suspend or terminate your use of Bill Pay at any time, for any reason, without prior notification. The Bill Pay service will remain open for members that actively make regular payments through this service. After 90 days of inactivity, the bill pay service may be discontinued. If this occurs, your bill pay history and payee information will be removed from Electronic banking. If you wish to terminate Bill Pay, please contact us. It is your responsibility to cancel all future bill payments at the same time by deleting those payments through Bill Pay. This will ensure that future payments made by you will not be duplicated. If we are not contacted, Bill Pay fees will continue to be assessed. You should contact us as described in the Member Service section below.
Member Service - If you would like assistance with Bill Pay, or would like to communicate with Town & Country Federal Credit Union, please notify us by:
We will be responsible for your actual losses if directly caused by our failure to:
We will not be responsible for your losses if:
Other Agreements - In addition to this Services Agreement, you agree to be bound by and will comply with the requirements of the Terms and Conditions governing your deposit and/or loan accounts, the rules and regulations of any funds transfer system to which we belong, and applicable state and federal laws and regulations.
Right to Terminate - We may terminate any or all of your Town & Country Federal Credit Union Online/Electronic Banking Services any time for any reason, without prior notification. Online/Electronic Banking members with no deposit account may be removed from the service after 90 days with no login activity. If your Service is discontinued, your Bill Pay information will be lost. If you wish to cancel any of your Services, please contact us by any of the methods described in this Agreement.
Notices - Except as otherwise provided in this Services Agreement, all notices required to be sent to you will be effective when we mail or transmit them, through e-mail or secure electronic messaging, to the last known address or to the last known e-mail address that we have for you in our records. For accounts with more than one owner, we may send notices to any one co-owner. A notice sent to any one co-owner is effective for all. You agree that we may send or provide electronically any notice, communication, or other disclosure required to be provided orally or in writing to you. We may require written paper confirmation of any electronic or verbal communication that you request. Information you send to us is deemed delivered when we receive and review it.
Statements - All of your transfers made through the Services will appear on your monthly account statement. You agree to review your statement promptly after you receive it. If your statement shows transactions that you did not authorize, you must tell us at once. You also agree to tell us promptly about any change in your address. Certain accounts will receive a quarterly statement if there is no monthly activity.
Fees - You agree to be responsible for any carrier charges or Internet Service Provider fees, which you may incur by accessing your accounts via the Services, including but not limited to: talk, texts, picture, video, instant messaging, web, email, Internet use, and any overlimit charges.
Governing Law - This Services Agreement shall be governed by the laws of the State of Maine, and where applicable, by Federal law.
Assignments - We may assign our rights and delegate our duties under this Services Agreement to a company affiliated with Town & Country Federal Credit Union or to any other party. You may not assign this Agreement in whole or in part.
Amending this Online/Electronic Banking Services Agreement - You agree that we may change the charges, fees or other contract terms described in this Services Agreement. When we change any fees, charges or other material terms, we will update this Services Agreement and either send you notice at the address shown on our records, or send an electronic message. Notice will be sent at least 30 days in advance of the effective date of any change in fees for electronic transactions or of any stricter restrictions on the type, amount or frequency of transactions or any increase in your responsibility for unauthorized transactions, unless an immediate change is needed to maintain or restore the security of the system. If such a security change is made and it can be disclosed to you without jeopardizing the security of the system, we will provide you with written notice, or notice via email or a secure electronic message within 30 days after the change. You may choose to accept or decline such changes by continuing or discontinuing the account or the Services to which any such changes relate.
Limitation of Liability - UNLESS OTHERWISE REQUIRED BY LAW, WE WILL NOT BE RESPONSIBLE FOR ANY LOSS, INJURY OR DAMAGES, WHETHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL, PUNITIVE, ECONOMIC OR LOST PROFITS, WHETHER UNDER A CONTRACT, TORT OR ANY OTHER THEORY OF LIABILITY, ARISING IN ANY WAY OUT OF THE INSTALLATION, USE OR MAINTENANCE OF THE EQUIPMENT, YOUR ELECTRONIC DEVICE, THE SOFTWARE, THE TOWN & COUNTRY FEDERAL CREDIT UNION ONLINE BANKING SERVICES, INTERNET BROWSER, OR INTERNET ACCESS SOFTWARE, EVEN IF WE ARE ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES.
Warranties Disclaimer - THE SERVICES AND RELATED DOCUMENTATION ARE PROVIDED "AS IS", AS WE DO NOT MAKE ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, CONCERNING THE HARDWARE, THE SOFTWARE, THE SERVICES, OR ANY PART THEREOF, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
No Waiver - You understand and agree that no delay or failure on our part to exercise any right, remedy, power or privilege available to us under the Services Agreement shall affect or preclude our future exercise of that right, remedy, power or privilege.
There are no fees and charges to use the Online/Electronic banking service.
This Services Agreement and the Town & Country Federal Credit Union Online/Electronic Banking Services provided hereunder are governed by the NCUA. You may notify the Federal NCUA at the following address:
National Credit Union Administration
Region 1 Albany
9 Washington Square
Washington Avenue Extension
Albany, NY 12205
(518) 862-7400
We will not disclose information you have provided to us or information which we have obtained concerning your accounts and the transfers you make to anyone other than our employees, agents, and affiliates, however, we may disclose information:
For more information on our Privacy Policy, you can review our Privacy Policy on our web site.
Liability of Consumers for Unauthorized Transactions - Should you permit other persons or entities to utilize the services to access your account(s), you are responsible for any transactions that they authorize. Notify us immediately if you believe someone has improperly obtained your credentials, if you believe someone has transferred or may transfer money from your account without your permission, or if you suspect any fraudulent activity on your account. To the contrary, the possibility exists that your available funds (plus your maximum overdraft line of credit, if any) could be accessed via the Services. To notify us, please call (800) 649-3495.
If you tell us that your credentials have been compromised within 2 business days after you learn of the loss or theft, you can lose no more than $50 if used to access your Town & Country Federal Credit Union deposit account without your permission. If you do not tell us within 2 business days after you learn of the loss or theft and we could have prevented the unauthorized use if you had told us, you are responsible for all unauthorized transfers or withdrawals, but your maximum liability for any such transfers or withdrawals is $500.
If you believe a transfer or withdrawal shown on your statement was not authorized by you, contact us immediately. If you do not notify us within 60 calendar days after the paper or electronic monthly statement was made available to you, and we could have prevented a loss if you had told us in time, you may not recover any money lost after the 60 days. If there are extenuating circumstances such as a long trip or hospital stay which kept you from telling us, these time periods may be extended.
Call us at (800) 649-3495, or write to us at Town & Country Federal Credit Union, P.O. Box 9420, South Portland, ME 04116-9420, regarding any unauthorized transactions.
Bill Payment
Errors and Questions - If you have questions or you think there has been an error concerning the Services, you should contact us at (800) 649-3495, or write to us at Town & Country Federal Credit Union, P.O. Box 9420, South Portland, ME 04116-9420.
We must hear from you within 60 calendar days after we have sent the first paper or electronic monthly statement on which the problem or error first appeared. If you notify us verbally, we may require you to send your complaint or question in writing within 10 business days of the verbal notice.
We will need to know the following for all errors:
We will advise you of the results of our investigation within 10 business days after we hear from you and will promptly correct any error we have made. If we need additional time to complete our investigation, we may take up to 45 days but we will provisionally re-credit your account within 10 business days for the amount you think is in error. If we ask you to put your complaint or question in writing and we do not receive it within 10 business days after the request, we will not re-credit your account. If we determine that there was no error, we will send you a written explanation within 3 business days after we complete our investigation. You may request copies of documents that we used in our investigation.
Notification of Unauthorized Transactions - Notify us at once if you believe someone has improperly obtained your login credentials. This will ensure the best protection of your account and avoid the possibility of unauthorized withdrawals. In addition, notify us at once if you believe someone has transferred or may transfer money from your account without your permission, or if you suspect any fraudulent activity on your account. To notify us, please call (800) 649-3495.
You agree that the following security procedures govern your use of the Services when accessing your business accounts:
With respect to all claims of third parties, you agree to reimburse and indemnify us and hold us harmless against any and all damages, losses, liabilities and claims of any kind or nature, including attorneys' fees and court costs, arising out of or in connection with, the performance by us of our duties and obligations under the Services Agreement, as well as all costs and expenses, of defending against any claim or liability arising out of or relating to the Services Agreement; provided however, that the foregoing shall not apply when we have failed to act in accordance with our security procedures.
If you think that a transfer or withdrawal shown on your monthly statement is incorrect, or if you believe that an unauthorized transfer or withdrawal has occurred, contact us at once.
Errors and Questions - If you have questions or you think there has been an error about funds transfers or bill payments made through the Services, you should contact us at (800) 649-3495.
We must hear from you no later than 60 days after we have sent the first paper or electronic monthly statement on which the problem or error appeared. If you notify us verbally, we may require that you send us your complaint or question in writing within 10 business days.
We are going to need to know the following:
We will tell you the results of our investigation within a reasonable time after we hear from you and we will correct any error.
Mobile Deposit is designed to allow you to make deposits of original checks in your possession and made payable to you ("original checks") to your accounts with us from home or other remote locations by scanning the original checks and delivering the digital images and associated deposit information from those checks ("images") to us or our processor with your mobile device. After you login to Mobile Banking, you may apply for Mobile Deposit.
Limits - Mobile Deposits are limited to an amount of $3000.00 per day.
Eligible items - You agree to only scan and deposit original checks (i.e., drafts drawn on a credit union, savings and loan or bank and payable on demand.)
You agree that you will not use Mobile Deposit to deposit:
Requirements - Each image must provide all information on the front and back of the original check at the time presented to you by the drawer, including, but not limited to, information about the drawer and the paying bank that is preprinted on the original check, MICR/encoding information, signature(s), and any required identification written on the front of the original check and any endorsements applied to the back of the original check. The image quality must meet the standards established by the American National Standards Institute, the Board of Governors of the Federal Reserve, and any other regulatory agency, clearing house or association.
Endorsements must be made on the back of the share draft or check within 1 ½ inches from the top edge, although we may accept endorsements outside this space. Your endorsement must include your signature and your account number and "FOR MOBILE DEPOSIT ONLY." Any loss we incur from a delay or processing error resulting from an irregular endorsement or other markings by you will be your responsibility.
A check payable to two payees jointly must be endorsed by both payees. If the check is payable to you or your joint owner, either of you can endorse it. If the check is made payable to you and your joint owner, both of you must endorse the check.
Receipt of Deposit - All images processed for deposit through Mobile Deposit will be treated as "deposits" under your current Membership and Account Agreement with us and will be subject to all terms of the Membership and Account Agreement. When we receive an image, we will confirm receipt via email to you. We shall not be deemed to have received the image for deposit until we have confirmed receipt to you. Confirmation does not mean that the image contains no errors. We are not responsible for any image that we do not receive.
Following receipt, we may process the image by preparing a "substitute check" or clearing the item as an image.
We reserve the right, at our sole and absolute discretion, to reject any image for remote deposit into your account. We will notify you of rejected images.
Original checks - After you receive confirmation that we have received an image, you must securely store the original check for 30 days after transmission to us and make the original check accessible to us at our request. Upon our request from time to time, you will deliver to us within 7 days, at your expense, the requested original check in your possession. If not provided in a timely manner, such amount will be reversed from your account. Promptly after such period expires, you must destroy the original check by first marking it "VOID" and then destroying it by cross-cut shredding or another commercially acceptable means of destruction. After destruction of an original check, the image will be the sole evidence of the original check.
You agree that if the image is accepted and we collect payment, you will never re-present the original check for payment by the payor bank. You understand that you may be responsible if anyone is required to make a payment based on an original check that has already been paid.
Returned Deposits - Any credit to your account for checks deposited using Mobile Deposit is provisional. If original checks deposited as images through Mobile Deposit are dishonored, rejected or otherwise returned unpaid by the drawee bank, or are rejected or returned by a clearing agent or collecting bank, for any reason, including, but not limited to, issues relating to the quality of the image, you agree that an original check will not be returned to you and that we may charge back the amount of the original check and provide you with the image, a paper reproduction of the image, or a substitute check. You will reimburse us for all loss, cost, damage or expense caused by or relating to the processing of the returned item. Without our approval, you shall not attempt to deposit or otherwise negotiate an original check if it has been charged back to you.
We may debit any of your accounts to obtain payment for any item that has been rejected or returned, for any adjustment related to such item or for any warranty claim related to such item, whether or not the rejection, return, adjustment or warranty claim was made timely.
Your Warranties - You make the following warranties and representations with respect to each image:
With respect to each image, you make to us all representations and warranties that we make or are deemed to make to any party pursuant to law, regulation or clearinghouse rule. You agree that files and images transmitted to us will contain no viruses or any other disabling features that may have an adverse impact on our network, data, or related systems.
Compliance with Law - You will use Mobile Deposit for lawful purposes and in compliance with all applicable laws, rules and regulations. You warrant that you will only transmit acceptable items for deposit and have handled the original items in accordance with applicable laws, rules and regulations.
Mobile Deposit Unavailability - Mobile Deposit may be unavailable temporarily due to system maintenance or technical difficulties, including those of the Internet service provider, cellular service provider and Internet software. In the event that Mobile Deposit is unavailable, you may deposit original checks at our branches or through our ATMs or by mailing the original check to:
Town & Country Federal Credit Union
P.O. Box 9420
South Portland, ME 04116-9420
Funds Availability - For purposes of funds availability, Mobile Deposits are made in South Portland, Maine. Mobile Deposits confirmed as received before 4:00 PM EST on a business day will be credited to your account by the end of the business day. Deposits confirmed received after 4:00 PM EST and deposits confirmed received on holidays or days that are not our business days will be credited to your account on the following business day. Funds will be available as described in our Funds Availability Disclosure.
Business Days - For determining the availability of your deposits, every day is a business day, except Saturdays, Sundays, and Credit Union observed holidays.
Mobile Deposit Security - You will complete each deposit promptly. If you are unable to complete your deposit promptly, you will ensure that your mobile device remains securely in your possession until the deposit has been completed. It is your responsibility to establish and maintain procedures to safeguard against unauthorized deposits. You will notify us immediately by telephone at (800)-649-3495 with written confirmation if you learn of any loss or theft of original checks. You will ensure the safety and integrity of original checks from the time of receipt until the time of destruction. If warranted in our reasonable judgment, we may audit and monitor you, and you agree to cooperate with us to permit such monitoring, to confirm that you have satisfied your obligations under this Agreement.
Your Responsibility - You are solely responsible for the quality, completeness, accuracy, validity and integrity of the image. You are solely responsible if you, intentionally or unintentionally, submit fraudulent, incorrect or illegible images to us or if Mobile Deposit is used, by authorized or unauthorized persons, to submit fraudulent, unauthorized, inaccurate, incorrect or otherwise improper or unusable images to us.
In addition you agree that you will not modify, change, alter, translate, create derivative works from, reverse engineer, disassemble or decompile the technology or service, copy or reproduce all or any part of the technology or service; or interfere, or attempt to interfere, with the technology or service. We and our technology partners, inclusive of, but not limited to, Intuit, Inc. and Vertifi Software, LLC, retain all rights, title and interests in and to the services, software and development made available to you.
Accountholder's Indemnification Obligation - You understand and agree that you are required to indemnify us and hold us harmless against any and all claims, actions, damages, liabilities, costs, and expenses, including reasonable attorneys' fees and expenses arising from your use of the services and/or breach of this Agreement. You understand and agree that this paragraph shall survive the termination of this Agreement.
You understand and agree that you are required to indemnify our technology partners, including but not limited to Intuit, Inc. (Intuit) and Vertifi Software, LLC (Vertifi), and hold harmless Intuit, its affiliates, officers, employees and agents, as well as Vertifi, its affiliates, officers, employees, and agents, from and against any third party claims, suits, proceedings, actions or demands, including claims of another financial institution, business entity or governmental authority, and all losses, liabilities, damages, fines, penalties, costs and expenses, including court costs and reasonable attorney fees and expenses, arising from such claims, to the extent such claim is related to Town & Country Federal Credit Union's or end user's use of the services, Vertifi or Intuit Applications, unless such claim directly results from an action or omission made by Intuit or Vertifi in bad faith. You understand and agree that this paragraph shall survive the termination of this Agreement.
DISCLAIMER OF WARRANTIES. YOU AGREE THAT YOUR USE OF ANY REMOTE BANKING SERVICE AND ALL INFORMATION AND CONTENT (INCLUDING THAT OF THIRD PARTIES) IS AT YOUR RISK AND IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE DISCLAIM ALL WARRANTIES OF ANY KIND AS TO THE USE OF ANY REMOTE BANKING SERVICE, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. WE MAKE NO WARRANTY THAT ANY REMOTE BANKING SERVICE WILL MEET YOUR REQUIREMENTS OR WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. WE MAKE NO WARRANTY THAT THE RESULTS THAT MAY BE OBTAINED WILL BE ACCURATE OR RELIABLE OR THAT ANY ERRORS IN ANY REMOTE BANKING SERVICE OR TECHNOLOGY WILL BE CORRECTED.
LIMITATION OF LIABILITY. YOU AGREE THAT WE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER LOSSES INCURRED BY YOU OR ANY THIRD PARTY ARISING FROM OR RELA TED TO THE USE OF, INABILITY TO USE, OR THE TERMINATION OF THE USE OF ANY REMOTE BANKING SERVICE, REGARDLESS OF THE FORM OF ACTION OR CLAIM (WHETHER CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE), EVEN IF WE HAVE BEEN INFORMED OF THE POSSIBILITY THEREOF, EXCEPT AS OTHERWISE REQUIRED BY LAW.
Financial Information - You must inform us immediately of any material change in your financial circumstances or in any of the information provided in your Application for any Remote Banking services. You agree to provide us any financial information we reasonably request during the term of this Agreement. You authorize us to review your history from time to time.
This portion of the Services Agreement is the Online Money Movement Service (the "Popmoney Service") - the next generation of on-line personal finance management. Our fully interactive on-line money movement service includes both Funds Transfer and Popmoney), which allows you may transfer funds from any of your accounts at any financial institution to any other account held by you or another person at the same or another financial institution - referred to in this agreement as "Accounts" - assuming, of course, that the transfer is permitted by your financial institution and by law.
Please take a few minutes to read the provisions pertaining to Popmoney Service (referred to throughout as the "Popmoney Agreement"). Any reference to Town & Country Federal Credit Union in this Popmoney Agreement includes any directors, officers, employees, contractors, service providers, agents or licensees of Town & Country Federal Credit Union. As used in this Popmoney Agreement, the words "you" and "your" refer to you as the user of the Popmoney Service; the words "we," "us," "our" and any other variation thereof refer to Town & Country Federal Credit Union. When you're ready, click the "I Agree to accept these terms and conditions" button to start enjoying the convenience and financial security of Popmoney Service!
Acceptance of Terms - This Popmoney Agreement sets out the terms and conditions (the "Terms") on which our service provider and Town & Country Federal Credit Union will provide and you may use the Popmoney Service and forms part of a legally binding agreement between you and Town & Country Federal Credit Union. When you click on the "I Agree to accept the terms and conditions" button, you will complete an application to receive the Popmoney Service, and you agree to accept the Terms, including any amendments to this Popmoney Agreement or any changes in the Terms. Your application may be accepted or declined by our service provider and/or Town & Country Federal Credit Union based on specific criteria. If you do not agree to all of the Terms, do not accept the Terms & Conditions. If you do not accept and agree to all of the Terms, you will not be entitled to use the Popmoney Service. Town & Country Federal Credit Union reserves the right to change the Terms under which the Popmoney Service is offered in its sole discretion at any time; however, Town & Country Federal Credit Union will notify you of any material change to the Terms. In most cases, you will receive the notice on-line the next time you log in; however, Town & Country Federal Credit Union reserves the right to notify you by e-mail or by conventional mail, in its discretion. You agree that if you continue to use the Popmoney Service after we notify you of any change, you thereby accept the changes to the Terms and agree to be bound by this Popmoney Agreement, as amended. If you do not accept and agree to the changes to the Terms, you will not be entitled to use the Popmoney Service. You can review, download and print the most current version of this Popmoney Agreement by consulting with your Town & Country Federal Credit Union. If you do not agree to the changes, or if at any time you wish to discontinue your use of the Popmoney Service, you can unsubscribe by contacting Town & Country Federal Credit Union. Once your account with Town & Country Federal Credit Union has terminated for any reason, you will have no further right or access to use the Popmoney Service. To use the Popmoney Service you must be at least eighteen (18) years old and be a resident of the United States.
Information Authorization - By clicking on the "I Agree to accept the terms and conditions" button, you authorize Town & Country Federal Credit Union and our service provider to obtain such additional information as we deem reasonably necessary to insure that you, or persons to whom you may transfer funds, are not using our Popmoney Service in violation of law, including, but not limited to, laws and regulations designed to prevent "money laundering" or the transfer of funds to or from persons or organizations whose accounts are blocked under regulations of the Office of Foreign Asset Control (OFAC) of the United States Treasury Department.
Once you are approved for the Popmoney Service we may verify your Accounts that you add to the Popmoney Service from time to time. You authorize us to validate the Accounts through the use of a test transfer, in which one or more low value payments will be both credited to and debited from the Account. The test credit will always occur before the test debit and will always be of the same or lesser amount, so that the balance in any of your Accounts will never be less than the actual balance.
Once the test transfer is complete we may ask you to access your Account to tell us the amount of the test credit or debit or any additional information reported by your bank with this test transfer. We may also verify Accounts through requiring the entry of information you ordinarily use to access the Account provider's web site, or by requiring you to submit proof of ownership of the Account.
User Content - Subject to Town & Country Federal Credit Union's Privacy Policy, you agree that Town & Country Federal Credit Union may use, copy, modify, display and distribute any information, data, materials or other content (the "Content") you provide to Town & Country Federal Credit Union for the purpose of providing the Popmoney Service, and you hereby give Town & Country Federal Credit Union a license to do so. By submitting Content, you represent that you have the right to license such Content to Town & Country Federal Credit Union for the purposes set forth in this Popmoney Agreement.
Accounts - You understand that in order to complete fund transfers, it is necessary for Town & Country Federal Credit Union and our service provider to access the websites and databases of your bank and other institutions where you hold Accounts, as designated by you and on your behalf, to retrieve information and effect the fund transfers you request. By using the Popmoney Service, you represent and warrant to us that you have the right to authorize and permit us to access your Accounts to effect such funds transfers or for any other purpose authorized by this Popmoney Agreement, and you assure us that by disclosing and authorizing us to use such information you are not violating any third party rights. You warrant and represent that the information you are providing us with is true, current, correct and complete. You hereby authorize and permit Town & Country Federal Credit Union and our service provider to use information submitted by you to accomplish these purposes and to configure the Popmoney Service to be compatible with the Accounts.
For as long as you are using the Popmoney Service, you give to Town & Country Federal Credit Union and our service provider a limited power of attorney and appoint Town & Country Federal Credit Union and our service provider as your true and lawful attorney-in-fact and agent, with full power of substitution and resubstitution, for you and in your name, place and stead, in any and all capacities, to access the Accounts, effect funds transfers as described above, with full power and authority to do and perform each and every act and thing requisite and necessary to be done in connection with effecting funds transfers, including verifying the content and authenticity of any funds transfer instruction for the purposes of security procedures applicable to Accounts, as fully to all intents and purposes as you might or could in person. Once Town & Country Federal Credit Union and/or our service provider has actual knowledge that you wish to cease using the Popmoney Service as provided in this Popmoney Agreement or as otherwise permitted in this Popmoney Agreement and has a reasonable opportunity to act on such knowledge, this limited power of attorney is automatically revoked; provided, however, that any act done by Town & Country Federal Credit Union and/or our service provider in good faith before it has actual knowledge of termination by you and has a reasonable opportunity to act on such knowledge shall be deemed to be authorized by you.
You understand and agree that at all times your relationship with each Account provider is independent of Town & Country Federal Credit Union and your use of the Popmoney Service. Town & Country Federal Credit Union will not be responsible for any acts or omissions by the financial institution or other provider of any Account, including without limitation any modification, interruption or discontinuance of any Account by such provider.
YOU ACKNOWLEDGE AND AGREE THAT WHEN TOWN & COUNTRY FEDERAL CREDIT UNION AND OUR SERVICE PROVIDER IS EFFECTING A FUNDS TRANSFER FROM OR TO ANY OF YOUR OR A RECIPIENT'S ACCOUNTS, TOWN & COUNTRY FEDERAL CREDIT UNION AND OUR SERVICE PROVIDER IS ACTING AS YOUR AGENT, AND NOT AS THE AGENT OR ON BEHALF OF ANY THIRD PARTY. You agree that Town & Country Federal Credit Union, its affiliates, service providers and partners shall be entitled to rely on the foregoing authorization, agency and power of attorney granted by you.
YOU AGREE THAT WE SHALL NOT BE LIABLE FOR ANY COSTS, FEES, LOSSES OR DAMAGES OF ANY KIND INCURRED AS A RESULT OF (1) OUR ACCESS TO THE ACCOUNTS; (2) OUR DEBIT AND/OR CREDIT OR INABILITY TO DEBIT AND/OR CREDIT THE ACCOUNTS IN ACCORDANCE WITH YOUR FUNDS TRANSFER INSTRUCTIONS; (3) ANY INACCURACY, INCOMPLETENESS OR MISINFORMATION CONTAINED IN THE INFORMATION RETRIEVED FROM THE ACCOUNTS; (4) ANY CHARGES IMPOSED BY ANY PROVIDER OF ACCOUNTS AND (5) ANY FUNDS TRANSFER LIMITATIONS SET BY THE FINANCIAL INSTITUTIONS OR OTHER PROVIDERS OF THE ACCOUNTS.
Not all types of accounts are eligible for Popmoney Service. Be sure to check with your financial institution for restrictions regarding transfers among your retirement (401k, IRA, etc.), savings, trusts, loans, custodial, business, corporate and other account types. We are not responsible for any costs or losses incurred from fund transfers that are not permitted under such restrictions by the provider of your Account or those imposed by applicable law.
Electronic Communications
General Consent; Categories of Records - The Popmoney Service is an electronic, Internet based-service. Therefore, you understand and agree that this Popmoney Agreement will be entered into electronically, and that the following categories of information ("Communications") may be provided by electronic means:
Although Town & Country Federal Credit Union reserves the right to provide Communications in paper format at any time, you agree that we are under no obligation to do so. All Communications in either electronic or paper format will be considered to be "in writing." You should print a paper copy of any electronic Communication that is important to you and retain the copy for your records. If you do not agree to receive this Popmoney Agreement or the Communications electronically, you may not use the Popmoney Service.
How to Withdraw Consent - If you have registered for the Popmoney Service and you wish to withdraw your consent to have Communications provided in electronic form, you must cancel any pending transfer requests (within the time period permitted by the Popmoney Service cancellation policies) and contact Town & Country Federal Credit Union to cancel the Popmoney Service. There are no fees to cancel a pending transfer request (as long as such cancellation is made within the time period permitted by the Popmoney Service cancellation policies).
How to Update Your Records - You agree to promptly update your registration records if your e-mail address or other information changes. You may update your records, such as your e-mail address, by using the Preferences or Settings page.
Delivery of Electronic Communications - Communications may be posted on the pages of the Popmoney Service website or other website disclosed to you and/or delivered to the e-mail address you provide. Any electronic Communication sent by e-mail will be deemed to have been received by you when Town & Country Federal Credit Union or our service provider sends it to you, whether or not you received the e-mail. If the Communication is posted on the Popmoney Service, then it will be deemed to have been received by you no later than five (5) business days after Town & Country Federal Credit Union or our service provider posts the Communication on the pages of the Popmoney Service, whether or not you retrieve the Communication. An electronic Communication by e-mail is considered to be sent at the time that it is directed by Town & Country Federal Credit Union's or service provider's e-mail server to the appropriate e-mail address. An electronic Communication made by posting to the pages of the Popmoney Service is considered to be sent at the time it is publicly available. You agree that these are reasonable procedures for sending and receiving electronic Communications.
Hardware and Software Requirements. In order to access and retain Communications, you must have:
Privacy Policy and Confidentiality - We regard your privacy and security with the utmost importance, and we are absolutely committed to safeguarding any information that you share with us. In order to provide the Popmoney Service, we must obtain from you certain personal information about you, your Accounts, and your transactions (referred to herein as "User Information"). You represent that you have the right to provide such User Information and that you give us the right to use the User Information in accordance with our privacy policy.
All of your personal and financial information will be placed on a secure portion of our website. We do not use any persistent "cookies" on the browser to store any personal information. We have multiple levels of security that have been designed especially for us. You can see a full description of our security policy by clicking on "Security Policy" in Online Banking. You can see a full description of our privacy policy by clicking on "Privacy Policy" in Online Banking.
Password - You are responsible for maintaining the confidentiality of your Town & Country Federal Credit Union customer number and password. No one at Town & Country Federal Credit Union has access to your Account passwords or user ID's. You are responsible for uses of the Popmoney Service whether or not actually or expressly authorized by you. Therefore, it is important that you DO NOT SHARE YOUR ACCOUNT NUMBER OR PASSWORD WITH ANYONE FOR ANY REASON. No one at Town & Country Federal Credit Union will know or need to know your password, and Town & Country Federal Credit Union employees will never ask for your password.
In the Event of Unauthorized Transfer
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, contact us using the instructions on our site.
Consumer Liability - You agree to notify us AT ONCE if you believe your password has been lost or stolen. Telephoning us promptly is the best way to protect yourself from possible losses. If you never tell us, you could lose all of the money in your account (plus your maximum overdraft line of credit). However, if you tell us within 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 2 business days after you learn of the loss or theft of your password, and we can prove we could have stopped someone from using your password without your permission if you had told us, you could lose as much as $500.
You can see a complete statement of all your funds transfers effected or pending at any time by clicking on the Activity tab. If your statement shows transfers that you did not make, notify us AT ONCE. If you do not tell us within 60 days after the transfer was posted to your statement, you may not get back any money you lost after the 60 days, if we can prove that we could have stopped someone from taking the money if you had told us in time. If a good reason (such as a long trip or a hospital stay) kept you from telling us, we will extend the time periods.
Business Days - The Popmoney Service will process requests for transfers on business days. Our business days are Monday through Friday. Holidays and Bank Holidays are not included.
Transfer Types and Limitations
Types of Transfers - You may use your Town & Country Federal Credit Union password to access Funds Transfer within the Popmoney Service to transfer funds between any two of your Accounts about which you have provided the necessary information to Town & Country Federal Credit Union. Transfers can be between Accounts within our Town & Country Federal Credit Union and another financial institution.
You may use your Town & Country Federal Credit Union password to access Popmoney within the Popmoney Service to transfer funds from one of your Accounts to an account of a Recipient. You may send money to a Recipient using a mobile telephone number, an email address, or a routing and account number.
Some of these services may not be available at all times. We may from time to time make available additional or new features to the Popmoney Service, including but not limited to, a next day service and a higher limit service. You will be approved or declined for any such additional service at our sole discretion and additional terms and conditions may apply. Please ensure that you have sufficient funds to affect any funds transfers from your Accounts. We may at any time decline to effect any funds transfer that we believe may violate applicable law.
Frequency of Transfers - The Popmoney service is limited to 15 transactions per day and 30 transactions per month. We do not limit the number of funds transfers you may make; however, you may not make funds transfers in excess of the number of funds transfers allowed by the rules governing the applicable Accounts. We may from time to time for security and risk management reasons modify the limit, the frequency and the dollar amount of transfers you can make using our Popmoney Service.
Dollar Amount of Transfers - You may not make funds transfers in excess of limits described on the Popmoney Service. We reserve the right to change from time to time the dollar amount of funds transfers you are permitted to make using our Popmoney Service. Without limiting the foregoing, in the event that your use of the Popmoney Service has been suspended and reinstated as provided herein (see "Suspension and Reinstatement of Funds Transfer and/or Popmoney Popmoney Service" below), you understand and agree that your use of the Popmoney Service thereafter may be subject to lower dollar amount limitations than would otherwise be permitted by us.
Transfers subject to the Rules of the Accounts - Additionally, all funds transfers are also subject to the rules and regulations governing the relevant Accounts. You agree not to effect any funds transfers from or to an Account that are not allowed under the rules or regulations applicable to such accounts including, without limitation, rules or regulations designed to prevent the transfer of funds in violation of OFAC regulations.
Rejection of Transfers - We reserve the right to decline to effect any funds transfer, to submit funds transfer instructions or orders or to carry out change or cancellation requests.
Authorization - You authorize us to select any means to execute your funds transfer instructions. You understand that to execute your funds transfer instruction we utilize the Automated Clearing House (ACH), using applicable ACH Rules, we debit one of your Accounts and credit another of your Accounts or an account of a Recipient. Once your Account has been debited, we credit our service provider's transfer account at the service provider's clearing bank. After our service provider and/or its clearing bank are reasonably certain that the debit will not be returned (in most cases this is usually between 3-4 banking days), our service provider will credit your or the Recipients Account. The sole purpose for our service provider's transfer account is to complete your funds transfer requests and for performing the services within the scope of this Popmoney Agreement. The service provider earns no interest on the funds in the transfer account. If the debit side fails or is returned for any reason and the credit side has been released and cannot be collected, you authorize our service provider to collect from the Account to which the credit side of the funds transfer was sent. We reserve the right to resubmit a debit, or a portion of the debit, in the event of an insufficient or uncollected funds return and if we cannot collect the amount credited. To effect this collection, you understand and authorize us to debit the credited Account or the debited Account in either the same dollar amount as the original funds transfer or a portion of the debit. There may be a fee associated with such collection imposed by the financial institution holding the Account.
You understand and agree that we may from time to time impose additional charges in connection with your funds transfer transactions. Town & Country Federal Credit Union will notify you of such fee in advance of the transaction. If you choose to proceed with the transaction, you authorize Town & Country Federal Credit Union to debit your account in the amount indicated.
In the event that a debit to any of your Accounts, or any portion of any such debit, has failed and the credit side of such transaction has been released and cannot be collected, and we are unable to debit either the debited or the credited Account as set forth above, we reserve the right, and you hereby authorize us, to debit any of your other Accounts to the extent necessary to offset any resulting deficiency. We do not undertake to notify you in such event, other than by posting any such transfer or transfers to the applicable Account in accordance with this Popmoney Agreement (see "Documentation," below).
If you have requested for a funds transfer to a Recipient, you must provide us with a true, correct, current email address for such Recipient. We will contact the Recipient, and ask the Recipient to provide us with certain information, such as the account number and financial institution that they wish to transfer the funds to. If the Recipient fails to reply to the email or fails to follow the instructions provided by us, we will notify you and credit your Account for the amount of the transfer.
Suspension and Reinstatement of Funds Transfer and/or Popmoney Service - In the event that we at any time incur a problem with your use of the Popmoney Service, including without limitation a fail in attempting to debit any of your Accounts or to collect with respect to any of your funds transfers as described above, and without limiting any other right or remedy that we may have under this Popmoney Agreement or otherwise, we reserve the right to suspend your right to use the Popmoney Service, immediately and without prior notice to you. You understand and agree that such action is reasonable for us to take in order to protect itself from loss. In the event of such suspension, you may request reinstatement of your service by contacting us using any of the methods provided for under this Popmoney Agreement (see "Error Reporting and Claims," below). We reserve the right in its sole discretion to grant or deny reinstatement of your use of the Popmoney Service. In the event we agree to reinstate you, we reserve the right to, and ordinarily will, initially reinstate your Popmoney Service subject to lower per-transaction and monthly dollar limits and/or with other restrictions than otherwise might be available to you. Based upon your subsequent usage of the Popmoney Service, Town & Country Federal Credit Union in its sole discretion may thereafter restore your ability to effect transfers subject to such higher limits as may then be in effect (see "Dollar Amount of Transfers," above).
Documentation - You may access a statement of all funds transfers effected or pending at any time by clicking on the Activity tab within Funds Transfer or the Activity tab within Popmoney. If a transfer could not be completed, Town & Country Federal Credit Union and/or our service provider, upon learning that the funds transfer has failed, will make a reasonable effort to complete the transfer again. If the funds transfer fails a second time, we will notify you to contact your financial institution or other provider of the relevant Account to learn more about the failure.
Your Responsibility for Errors - You understand that we must rely on the information provided by you and you authorize us to act on any instruction which has been or reasonably appears to have been sent by you, to submit funds transfer instructions on your behalf. You understand that financial institutions receiving the funds transfer instructions may rely on such information. We are not obliged to take any further steps to confirm or authenticate such instructions and will act on them without getting further confirmation. You understand that if you provide us with incorrect information or if there is any error in your instruction we will make all reasonable efforts to reverse or delete such instructions, but you accept full responsibility for losses resulting from any of your errors, duplication, ambiguities or fraud in the information that you provide. You agree not to impersonate any person or use a name that you are not authorized to use. If any information you provide is untrue, inaccurate, not current or incomplete, without limiting other remedies, Town & Country Federal Credit Union reserves the right to recover from you any costs or losses incurred as a direct or indirect result of the inaccurate or incomplete information.
Error Reporting and Claims - In case of errors or questions about your funds transfers, contact us as soon as you can, if you think your statement is wrong or if you need more information about a transfer listed on the statement. You can see a complete statement of all your funds transfers affected or pending at any time by clicking on the Activity tab. We must hear from you within 60 days after we FIRST posted the transfer to your statement.
If you tell us orally, we may require that you send us your complaint or question in writing within 10 business days. We will determine whether we committed an error within 10 business days (20 business days for new member accounts) after we hear from you and will correct any error promptly. If we need more time, however, we may take up to 45 days (90 days for new member accounts) to investigate your complaint or question. If we decide to do this, we will credit/debit the applicable Accounts within 10 business days (20 business days for new member accounts) for the amount you believe is in error, so that you or your intended Recipient will have use of the money during the time it takes us to complete our investigation. If we ask you to put your question or complaint in writing and we do not receive it within 10 business days, we may not credit/debit the applicable Accounts.
We will tell you the results within three business days after completing our investigation. If we decide that we did not make an error, we will send you a written explanation. You may ask for copies of the documents we used in our investigation.
We are not responsible for errors, delays and other problems caused by or resulting from the action or inaction of financial institutions holding the Account or the account of your Recipient. Although we will try to assist you in resolving any such problems, you understand that any such errors, delays or other problems are the responsibility of the relevant financial institution or the Recipient. Any rights you may have against a financial institution for such errors, delays or other problems are subject to the terms of the agreements you have with such financial institution, including any time limits during which complaints must be made.
Proprietary Rights - You acknowledge and agree that Town & Country Federal Credit Union and/or our service provider owns all rights in and to the Popmoney Service. You are permitted to use the Popmoney Service only as expressly authorized by this Popmoney Agreement. You may not copy, reproduce, distribute, or create derivative works, reverse engineer or reverse compile Town & Country Federal Credit Union and/or our service provider's Popmoney Service or any of Town & Country Federal Credit Union and/or our service provider's services or technology.
No Unlawful or Prohibited Use - As a condition of using the Popmoney Service, you warrant to us that you will not use the Popmoney Service for any purpose that is unlawful or is not permitted, expressly or implicitly, by the terms of this Popmoney Agreement or by any applicable law or regulation. You further warrant and represent that you will not use the Popmoney Service in any manner that could damage, disable, overburden, or impair the Popmoney Service or interfere with any other party's use and enjoyment of the Popmoney Service. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Popmoney Service. You agree that these warranties and representations will remain in full force and effect even if this Popmoney Agreement terminates for any reason.
Popmoney Service Changes and Discontinuation - We may modify or discontinue the Popmoney Service or your account with us, with or without notice, without liability to you, any other user or any third party. We reserve the right, subject to applicable law, to terminate your account and your right to use the Popmoney Service at any time and for any reason, including without limitation if we, in our sole judgment, believe you have engaged in conduct or activities that violate any of the Terms or the rights of Town & Country Federal Credit Union and/or our service provider, or if you provide us with false or misleading information or interfere with other users or the administration of the Services. We reserve the right to charge a fee for the use of the Popmoney Service and any additional services or features that we may introduce. You understand and agree that you are responsible for paying all fees associated with the use of our Popmoney Service.
You may terminate your account with Town & Country Federal Credit Union at any time by contacting us. Once your account with Town & Country Federal Credit Union has terminated for any reason, you will have no further right or access to use the Popmoney Service, and Town & Country Federal Credit Union will not access your Accounts thereafter for any reason.
Use of SMS Messaging - Users of the Popmoney service may receive SMS messages relating to their payments, such as notice of payment, alerts for validation and receipt of a transfer. Popmoney will verify your access to the mobile phone number. To enable this verification Popmoney will send you an SMS message with a verification code that you will need to enter to direct your payment to your designated bank account. You may receive SMS messages related to your transactions from time to time, but please be aware that your carrier's normal rates and fees, such as text messaging fees, will still apply.
Questions: You can contact us using the instructions on our site, or at any time from your mobile phone by sending a text message with the word "HELP" to this number: POPMON.
To opt out of the Program: To stop receiving SMS messages you can initiate the opt-out process by sending a SMS message. Just text "STOP" to this number: POPMON.
Links To Third Party Sites - The Town & Country Federal Credit Union website may contain links to other websites ("Linked Sites"). Such links are provided solely as a convenience to you. Town & Country Federal Credit Union does not screen, approve, review or otherwise endorse any content or information contained in any Linked Sites. You acknowledge and agree that Town & Country Federal Credit Union, its affiliates and partners are not responsible for the contents of any Linked Sites, including the accuracy or availability of information provided by Linked Sites, and makes no representations or warranties regarding the Linked Sites or your use of them.
Security Procedures - You understand that the financial institution at which an Account is maintained may contact us to verify the content and authority of funds transfer instructions and any changes to those instructions. You understand that, as your agent, we may provide to such financial institution such information as may be required to verify the instructions and may constitute a valid security procedure under the rules governing such Account.
Deviating from Security Procedures - You agree to allow us to authorize any financial institution at which you have an Account to accept funds and transfer instructions in accordance with any authorization procedures as may be agreed from time to time between you and such financial institution, or between us, on your behalf, and such financial institution, without verifying the instructions under the established security procedures, regardless of whether such security procedures were agreed by you directly or by us on your behalf. In addition you agree that we may authorize such financial institutions to charge and debit your accounts based solely on these communications.
Account Number Policy - If funds transfer instructions identify a bank or beneficiary by name and account number, the relevant financial institution may execute those instructions by reference to the number only, even if the number does not correspond to the name. You understand that such financial institutions may not investigate discrepancies between names and numbers. In addition, you agree that we have no responsibility to investigate discrepancies between names and numbers.
Joint Account Holder - In submitting your application for the Popmoney Service, you confirm that, if any of your Accounts is a joint account, your joint account holder has consented for you to use your Accounts for the Popmoney Service. We will end your use of the Popmoney Service if any joint account holder notifies us that (i) they never consented to your use of our Popmoney Service, (ii) the joint account can no longer be operated on your instructions alone, or (iii) they are withdrawing consent for you to operate the joint account.
Means of Transfer - You authorize us to select any means we deem suitable to provide your funds transfer instructions to the applicable financial institution. These choices include banking channels, electronic means, funds transfer systems, mail, courier, or telecommunications services, intermediary banks and other organizations. You agree to be bound by the rules and regulations that govern the applicable funds transfer systems, such as CHIPS or automated clearing house (ACH) as published by the National Automated Clearinghouse Association (NACHA). We shall make all reasonable efforts to ensure that your transfer requests are processed on time; however, we reserve the right to hold funds beyond the normal period and if any interest is earned will be the property of Town & Country Federal Credit Union.
Our Liability - If we do not provide a funds transfer instruction on time, if we cause an incorrect amount to be removed from an Account or if we cause funds from an Account to be transferred to any account other than the Account or Recipient's account specified in the applicable funds transfer instruction, we shall be responsible for returning the improperly transferred funds and/or for directing any misdirected funds to the proper Account or intended recipient's account. Town & Country Federal Credit Union is not responsible or liable if your or the Recipient's financial institution's system fails and we are unable to complete the transfer. Except as otherwise required by law, Town & Country Federal Credit Union shall in no other event be liable for any losses and damages other than those arising from gross negligence or willful misconduct on our part or if we breach a representation or warranty of Town & Country Federal Credit Union hereunder.
You agree that your transfer instructions constitute authorization for us to complete the transfer. You represent and warrant to us that you have enough money in the applicable Accounts to make any funds transfer you request that we make on your behalf through the Popmoney Service. You understand and agree that we are not liable under any circumstances for any losses or damages if, through no fault of ours, you do not have enough money to make the funds transfer and the funds transfer is not completed or is later reversed or if your financial institution does not permit the transfer or the funds transfer would exceed the credit limit on any applicable overdraft line.
You also understand and agree that we are not responsible for any losses or damages if circumstances beyond our control (such as fire or flood) prevent us from making a funds transfer or if the Town & Country Federal Credit Union website was not working properly and you knew about the breakdown when you started the funds transfer.
Limitation of Warranty and Liability - YOU UNDERSTAND AND AGREE THAT OUR ONLINE MONEY MOVEMENT SERVICE IS PROVIDED "AS-IS." EXCEPT AS OTHERWISE PROVIDED IN THIS AGREEMENT OR AS REQUIRED BY LAW, WE ASSUME NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY USER COMMUNICATIONS OR PERSONALIZATION SETTINGS. YOU UNDERSTAND AND EXPRESSLY AGREE THAT USE OF THE ONLINE MONEY MOVEMENT SERVICE IS AT YOUR SOLE RISK, THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE ONLINE MONEY MOVEMENT SERVICE IS DOWNLOADED OR OBTAINED AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR THE OBTAINING OF SUCH MATERIAL AND/OR DATA.
EXCEPT AS EXPRESSLY SET FORTH ON THE TOWN & COUNTRY FEDERAL CREDIT UNION WEB SITE OR IN THIS AGREEMENT, WE DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR THIRD PARTY RIGHTS, AND WE MAKE NO WARRANTY OR REPRESENTATION REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE ONLINE MONEY MOVEMENT SERVICE, THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE ONLINE MONEY MOVEMENT SERVICE, THE ACCURACY OF ANY INFORMATION RETRIEVED BY US FROM THE ACCOUNTS OR THAT THE ONLINE MONEY MOVEMENT SERVICE WILL MEET ANY USER'S REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE.
EXCEPT AS DESCRIBED IN THIS AGREEMENT, WE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY KIND RESULTING FROM THE USE OF OR THE INABILITY TO USE THE ONLINE MONEY MOVEMENT SERVICE, ANY INACCURACY OF ANY INFORMATION OR AMOUNT RETRIEVED BY US FROM THE ACCOUNTS, ANY BREACH OF SECURITY CAUSED BY A THIRD PARTY, ANY TRANSACTIONS ENTERED INTO BASED ON THE ONLINE MONEY MOVEMENT SERVICE, ANY LOSS OF, UNAUTHORIZED ACCESS TO OR ALTERATION OF A USER'S TRANSMISSIONS OR DATA OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, EVEN IF WE HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Indemnification - You agree to indemnify, defend and hold harmless Town & Country Federal Credit Union, its affiliates, partners, officers, directors, employees, consultants, service providers and agents from any and all third party claims, liability, damages and/or costs (including, but not limited to, attorneys fees) arising from your use of the Popmoney Service, our reliance on the information, instruction, license and/or authorization provided by you under or pursuant to this Popmoney Agreement, your violation of the Terms or your infringement, or infringement by any other user of your Town & Country Federal Credit Union account, of any intellectual property or other right of any person or entity.
Recipient - In the event that you are an intended Recipient, another customer (the "Transferor") has instructed us to transfer funds (the "Funds") to an account you designate at your bank or other financial institution (the "Account"). In addition to the Terms herein, you agree to accept the terms and conditions set forth below.
You authorize us to transfer the Funds to your Account. In order for us to complete the transfer, you will be prompted to provide us with the following information (the "Information"): 1) your full name; 2) your current residential address; 3) the name of your bank or financial institution and ABA routing number (the 9-digit number that appears on the far left of the bottom of your check) of the financial institution which holds your Account; 4) the Account number; and 5) a secret word or phrase known only to you and the transferor. We will utilize the Automated Clearing House (ACH) system to send the Funds to your Account. We will act on the information provided by you in completing ACH credit instructions to your Account. If for any reason your financial institution returns the ACH credit or the credit goes to the wrong financial institution or Account because you have provided us with incorrect information, we may in our sole discretion, take reasonable efforts to complete the credit transaction or return the Funds to the Transferor.
You agree not to impersonate any person or use a name that you are not authorized to use. You warrant and represent that you are the person intended by the Transferor and entitled to receive the Funds; that you are not a person whose Accounts are blocked under regulations of the Office of Foreign Asset Control (OFAC) of the United States Treasury Department; and that the Information you will provide is true, correct and complete.
We reserve the right to decline to complete any transfer, even after you have agreed to all of the Terms, if we have reason to believe that completing the transfer would result in a violation of law or expose us to liability or risk of loss. If the transfer is rejected for any reason, the funds will be returned to the Transferor.
Miscellaneous - You understand and agree that our service provider is not a bank, a broker-dealer firm, or any other kind of financial institution. You represent and warrant that you are who you claim to be; that you are the rightful owner of all Content and the Accounts linked for the purposes of the Popmoney Service; and that you are rightfully authorizing us to access the Accounts.
You agree that our rights and remedies arising out of any breach of your representations and warranties in this Popmoney Agreement, the limitations on our liability and our rights to indemnification under this Popmoney Agreement are continuing and shall survive the termination of this Popmoney Agreement, notwithstanding the lack of any specific reference to such survivability in these provisions. Town & Country Federal Credit Union's failure to enforce the strict performance of any provision of this Popmoney Agreement will not constitute a waiver of Town & Country Federal Credit Union's right to subsequently enforce such provision or any other provisions of this Popmoney Agreement.
The most current version of this Popmoney Agreement as it appears on our website, including any amendments that we may make from time to time, constitutes the entire agreement between us, and supersedes and replaces all other agreements or understandings, whether written or oral, regarding the Popmoney Service. This Popmoney Agreement may be amended, or any of Town & Country Federal Credit Union 's rights waived, only if Town & Country Federal Credit Union agrees in writing to such changes, or you continue using the Popmoney Service following receipt of notice of any changes proposed by Town & Country Federal Credit Union. All notices to you shall be in writing and shall be made either via e-mail, conventional mail or messages delivered through the Services, at Town & Country Federal Credit Union's discretion. All notices to Town & Country Federal Credit Union must be made in writing. This Popmoney Agreement is personal to you and you may not assign it to anyone.
This Popmoney Agreement shall take effect immediately upon the acceptance of your application for the Popmoney Service by us.
In addition to the above content, if you decide to use either FinanceWorks or the Debit 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, non-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 ("Debit Rewards Offers") to benefit from your debit card purchases.
In addition to the FinanceWorks Service and the Debit Rewards Offers, the terms "Service" and "Debit Rewards Offers" also include any other programs, tools, internet-based services, components and any "updates" (for example, Service maintenance, Debit Rewards information, help content, bug fixes, or maintenance releases, etc.) of the Service or Debit Rewards Offers if and when they are made available to you by us or by our third party vendors. Certain Service and Debit 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 Debit Rewards Offers program; (iii) permit any third party to benefit from the use or functionality of the Service or Debit 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 Debit Rewards Offers or any services provided in connection with them, prevent access to or the use of the Service, Debit 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, Debit Rewards Offers or any services provided in connection with them except as expressly allowed under this Section 1.
Ownership - The Service and Debit 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, Debit 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, Debit 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, Debit 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, Debit 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, Debit 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 Date 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 FinanceWorks 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, Debit 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, Debit 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.
Debit Rewards Offer - If you decide you wish to participate in the Debit Rewards Offers application, you acknowledge and agree to the following terms and conditions of service.
Debit Rewards - You will earn rewards for your participation in the Debit Rewards Offers program based on total purchases. If you participate in the Debit 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 Debit Rewards Offers deposit account which is associated with the Debit Rewards Offers program.
Debit Rewards Offers Account - You must use the debit card associated with the Debit 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 Debit 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 Debit 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: