MOBILE BANKING SERVICE AGREEMENT – TERMS AND CONDITIONS
The important terms and conditions in this Mobile Banking Service Agreement (“Agreement”) govern your use of the HawaiiUSA Federal Credit Union Mobile Banking application service (“Mobile Banking”). You may use this service to access your HawaiiUSA Federal Credit Union accounts (“Accounts”) on a mobile device. The words “we,” “us,” “our,” “HawaiiUSA FCU” and “Credit Union” mean HawaiiUSA Federal Credit Union. The words “you” or “your” mean each and all those who use Mobile Banking.
By accessing your Account(s) through Mobile Banking (including entering your information when prompted at the “Login” screen), you are agreeing to the terms and conditions set forth in this Agreement, which supplement the deposit account disclosures you received when you opened your account(s) with us (titled “Important Account Information for Our Members”) are hereby incorporated into and made a part of this Agreement. You should review the deposit account disclosures carefully, as they may include transaction limitations and fees which might apply to your use of Mobile Banking. In the event of a discrepancy between this Agreement and the deposit account disclosures, this Agreement will govern your use of the Mobile Banking service.
1. DESCRIPTION OF SERVICES
The Mobile Banking service is accessible seven (7) days a week, twenty-four (24) hours a day, except that Mobile Banking services may be inaccessible for a reasonable period for system maintenance. We may modify, suspend, or terminate access to your Mobile Banking service at any time and for any reason without notice or refund of fees you have paid.
The Mobile Banking service is a personal financial information management service that allows you to view balances and recent account activity, and conduct certain financial transactions using compatible and supported mobile phones and/or other compatible and supported wireless devices (“Wireless Device”). HawaiiUSA Federal Credit Union Mobile Banking includes Short Message Service (SMS)/Text Banking, Wireless Application Protocol (WAP) Banking and Mobile Application Banking. All features and services available through Online Banking may not be available via Mobile Banking. To access the Mobile Banking service, your Wireless Device must be Internet-enabled and connected to the Internet through your mobile communications service provider. You agree that you will continue to be subject to the terms and conditions of your existing agreements with any unaffiliated service providers (“Unaffiliated Providers”) including, but not limited to, your mobile service carrier or provider, and that this Agreement does not amend or supersede any of those agreements. You understand that those Unaffiliated Provider agreements may provide for fees, limitations, and restrictions that will affect your use of Mobile Banking, e.g., your mobile service carrier or provider may impose data usage or text message charges for your use of or interaction with Mobile Banking(including while downloading software, receiving or sending Mobile Banking text messages, or other use of your mobile device when using software or other products and services provided by Mobile Banking), and you agree to be solely responsible for all such fees, limitations and restrictions. You agree that only your mobile service carrier or provider is responsible for its products and services. Accordingly, you agree to resolve any problems with your carrier or provider directly with your carrier or provider without involving us. You also agree that if you have any problems with Mobile Banking, you will contact us directly.
We reserve the right to modify the scope of the Mobile Banking services at any time. We reserve the right to refuse to make any transaction you request through Mobile Banking. You agree and understand that Mobile Banking may not be accessible or may have limited utility over some mobile networks, such as while roaming. You agree not to use Mobile Banking to engage in any form of gambling.
2. USE OF SERVICES
You accept responsibility that you understand how to use Mobile Banking before you actually use Mobile Banking, and then that you always use Mobile Banking in accordance with the online instructions posted on our website. You also accept responsibility that you know how to properly use your Wireless Device and the Mobile Banking software (“Software”). You agree that you will not install software onto your mobile device that you are not familiar with or have not read the terms and conditions for that software. You agree to download mobile security software updates when available. Your mobile device may become subject to unauthorized tracking, “hacking” or other manipulation by spyware, viruses or other malicious code (“malware”). We are not responsible for advising you of the existence or potential effect of any malware. Your use of your hardware and software is at your own risk. We may change or upgrade Mobile Banking from time to time. In the event of such changes or upgrades, you are responsible for making sure that you understand how to use Mobile Banking as changed or upgraded. You agree that your Wireless Device will be locked if it is left unattended. You agree to log off of Mobile Banking at the completion of your online session. We will not be liable to you for any losses caused by your failure to properly use Mobile Banking or your Wireless Device. From time to time, HawaiiUSA Federal Credit Union may enhance additional Mobile Banking services. When such services are implemented, you will have the opportunity to add them to your HawaiiUSA Federal Credit Union Mobile Banking service, provided you have a compatible Wireless Device.
3. MOBILE BANKING SOFTWARE LICENSE
Subject to your compliance with this Agreement, you are hereby granted a personal, limited, non-transferable, non-exclusive, non-sublicensable and non-assignable license ("License") to download, install and use the Software on your Wireless Device within the United States and its territories. In the event that you obtain a new or different Wireless Device, you will be required to download and install the Software to that new or different Wireless Device. This License shall be deemed revoked immediately upon (i) your termination of Mobile Banking in accordance with this Agreement’s provisions; (ii) your deletion of the Software from your Wireless Device; or (iii) our written notice to you of termination at any time which we may give with or without cause. If this License is revoked for any reason, you agree to promptly delete the Software from your Wireless Device.
The Software shall be used solely in connection with Mobile Banking and may not be used by you for any other reason. You may not grant any sublicenses to the Software. You agree that you will not (i) modify, change, alter, translate, create derivative works from, reverse engineer, disassemble or decompile the technology or Software, (ii) copy or reproduce all or any part of the technology or Software, or (iii) interfere, or attempt to interfere with the technology or Software. The Software does not include various third party operating systems and applications that will be required to use the Software. You will be solely responsible for such third party software. You acknowledge that the Software contains trade secrets and other proprietary and confidential information, whether or not the Software contains any copyright or other proprietary notice. You agree to take commercially reasonable precautions to protect the confidentiality of the Software.
4. DEVICE REQUIREMENTS
To use the Mobile Banking service, you must be registered to use Online Banking and have a valid User ID and Password, and you will need a compatible Wireless Device with a service plan that includes text messaging and data, compatible software, and access to the Internet with Secure Socket Layer (SSL) capability to access the Mobile Banking service. You are responsible for the installation, maintenance and operation of your mobile device and any software. We will not be responsible for any errors or failures involving any cellular service, Wi-Fi service, Internet service, software installation or malfunctions of your mobile device and related equipment. Third party fees may apply for data and internet access and text messaging. Contact your mobile device carrier for additional information.
5. CANCELLATIONOF MOBILE BANKING SERVICES
You may cancel your participation in Mobile Banking at any time by filling out the Online Services Cancellation Form available on our website at www.hawaiiusafcu.com and returning it to a HawaiiUSA FCU branch. We reserve the right to change or cancel Mobile Banking at any time without notice. We may also immediately suspend your access to Mobile Banking at any time without notice and for any reason, including but not limited to, your non-use of Mobile Banking, or in the event we reasonably determine such suspension or termination is necessary in order to protect the Mobile Banking service or the Credit Union from harm or compromise of integrity, security, reputation or operation or that you are in breach of this Agreement or are otherwise using Mobile Banking in a manner inconsistent with the terms of this Agreement or with applicable law. You agree that we will not be liable to you or any third party for any modification or discontinuance of Mobile Banking. You agree that we may terminate this Agreement and your use of the Mobile Banking services if you or any authorized user of your User ID and/or password breaches this or any other agreement with us; or if we have reason to believe that there has been an unauthorized use of your User ID and/ or password.
You acknowledge and agree that a third party provider or licensor to the Credit Union is the owner of all right, title and interest in and to the downloaded software used to access the Mobile Banking service from the Credit Union and the computer programs contained therein in machine readable object code form as well as any accompanying user documentation along with all subsequent copies, updates or versions thereof which are made available to you (if any), regardless of the media or form in which they may exist.
7. TYPES OF AVAILABLE TRANSACTIONS
You may use Mobile Banking to perform the following transactions:
- Make transfers between your Accounts.
- Make transfers to other member accounts at the Credit Union.
- Make Account inquiries.
- View Account histories.
- Transfers from your savings or checking Account to make Credit Union loan payments.
- Find ATM and Branch locations/mapping, including the use of GPS location.
- View Credit Union and mobile application FAQs.
- View general Credit Union information.
- Make payments or transfers to new payees or to create new payees.
Mobile Banking cannot be used to:
- Initiate funds transfers to other financial institutions.
8. REPRESENTATIONS AND WARRANTIES
When you use Mobile Banking to access your Accounts, you make the following representations and warranties to us:
- All information you provide to us in connection with Mobile Banking is accurate, current and complete, and that you have the right to provide such information to us for the purpose of operating Mobile Banking. You agree to not misrepresent your identity or your Account information. You agree to keep your Account information up to date and accurate.
- You are an authorized user of the Wireless Device you will use to access Mobile Banking.
- You will not copy, reproduce, distribute, or create derivative works from any content delivered to you through Mobile Banking. You will not reverse engineer or reverse compile any Mobile Banking technology, including, but not limited to, any software or other mobile phone applications associated with Mobile Banking.
- You will not use Mobile Banking or the content or information delivered through Mobile Banking in any way that would: (a) infringe any third-party copyright, patent, trademark, trade secret, or other proprietary rights or rights of publicity or privacy; (b) be fraudulent or involve the sale of counterfeit or stolen items, including, but not limited to, use of Mobile Banking to impersonate another person or entity; (c) violate any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising); (d) be false, misleading or inaccurate; (e) create liability for us or our affiliates or service providers, or cause us to lose (in whole or in part) the services of any of our service providers; (f) be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (g) potentially be perceived as illegal, offensive or objectionable; (h) interfere with or disrupt computer networks connected to Mobile Banking; (i) interfere with or disrupt the use of Mobile Banking by any other user; or (j) use Mobile Banking in such a manner as to gain unauthorized entry or access to the computer systems of others.
- Unless caused by our intentional misconduct or gross negligence, you agree to indemnify, defend and hold us and our service providers harmless from any and all third party claims, liability, damages, expenses and costs (including, but not limited to, reasonable attorneys’ fees) caused by or arising from your improper use of Mobile Banking or your breach of any representation or warranty in this Agreement.
- You will not give or make available your Mobile Banking password or other means to access your Account to any unauthorized individuals. You are responsible for transfers or other transactions you authorize using Mobile Banking. If you permit other persons to use your Wireless Device and password or other means to access Mobile Banking, you are responsible for any transactions they authorize.
9. SERVICE CHARGES
There is currently no charge for Mobile Banking. We reserve the right to add to or enhance the features of Mobile Banking and charge a fee in the future.
10. DISCLAIMER OF WARRANTIES
YOU UNDERSTAND AND AGREE THAT YOUR USE OF MOBILE BANKING IS AT YOUR RISK. YOU ALSO UNDERSTAND AND AGREE THAT THE MOBILE BANKING SERVICE AND ALL INFORMATION AND CONTENT (INCLUDING THAT OF THIRD PARTIES) IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOU UNDERSTAND AND AGREE THAT WE DO NOT MAKE ANY WARRANTIES OF ANY KIND AS TO THE USE OF THE MOBILE BANKING SERVICE, WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. WE MAKE NO WARRANTY THAT THE MOBILE BANKING SERVICE WILL MEET YOUR REQUIREMENTS OR WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. WE ALSO MAKE NO WARRANTY THAT THE RESULTS THAT MAY BE OBTAINED FROM USING THE MOBILE BANKING SERVICE WILL BE ACCURATE OR RELIABLE, OR THAT ANY ERRORS IN THE SERVICES OR TECHNOLOGY WILL BE CORRECTED. WE ARE NOT RESPONSIBLE FOR ANY LOSS, INJURY OR DAMAGES, WHETHER DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL, CAUSED BY YOUR INTERNET PROVIDER, ANY RELATED SOFTWARE OR THE CREDIT UNION’S USE OF ANY OF THEM OR ARISING IN ANY WAY FROM THE INSTALLATION, USE OR MAINTENANCE OF YOUR MOBILE DEVICE, PERSONAL COMPUTER HARDWARE, SOFTWARE OR OTHER EQUIPMENT.
11. LIMITATION OF LIABILITY
YOU UNDERSTAND AND AGREE THAT WE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER LOSSES RESULTING FROM OR ATTRIBUTABLE TO THE USE OR THE INABILITY TO USE THE MOBILE BANKING SERVICE INCURRED BY YOU OR ANY THIRD PARTY ARISING FROM OR ATTRIBUTABLE TO THE USE OF, INABILITY TO USE, THE TERMINATION OF THE USE OF THE MOBILE BANKING SERVICE, OR YOUR BREACH OF THIS AGREEMENT, 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.
12. LOST OR STOLEN MOBILE DEVICE OR PIN
If you believe that your Password, Wireless Device or other means to access your Account has been lost or stolen or that someone may attempt to use Mobile Banking without your consent, or has transferred money without your permission, you must notify us promptly by calling our Call Center toll-free at 1-800-379-1300.
13. AMENDING THIS AGREEMENT
We may amend this Agreement at any time by sending notice as described in your Online Banking Agreement. You may choose to accept or decline the change. By continuing to use Mobile Banking after the effective date stated in the notice, you are deemed to accept that change.
14. MOBILE BANKING SERVICE AVAILABILITY
We will use reasonable efforts to make the Mobile Banking service available for your use on a continuous basis. We do not guarantee functionality of the Mobile Banking service on all mobile devices or Wireless Devices, on all communications networks, in all geographic regions, or at all times. Mobile Banking may be temporarily unavailable for regular or emergency system maintenance. We will endeavor to have our scheduled maintenance occur during non-peak hours, but we may conduct maintenance at any time. In addition, your accessibility to the Mobile Banking service may be interrupted because of conditions beyond our control, including outages in Internet availability. We will use commercially reasonable efforts to re-establish the Mobile Banking service in those instances, but we do not guarantee the Mobile Banking service will always be available for your use. We may elect to discontinue Mobile Banking (or any of the services that we provide, from time to time, through Mobile Banking) at any time. If we choose to discontinue Mobile Banking, we will provide you with reasonable notice. In the case of a disaster, your Mobile Banking may be suspended in order to allow emergency and responding personnel to use the cellular networks. In no event, regardless of cause, shall we be liable to you for unavailability of the Mobile Banking service, or your inability to access Mobile Banking, or to execute Mobile Banking functions.
15. GOVERNING LAW
You understand and agree that this Agreement and all questions relating to its validity, interpretation, performance, and enforcement shall be governed by and construed in accordance with the internal laws of the State of Hawaii, notwithstanding any conflict-of-laws doctrines of such state or other jurisdiction to the contrary. You also agree to submit to the personal jurisdiction of the courts of the State of Hawaii.
The failure of either you or us to seek a redress for violation, or to insist upon the strict performance of, any covenant, agreement, provision, or condition hereof shall not constitute the waiver of the terms or of the terms of any other covenant, agreement, provision, or condition, and each party shall have all remedies provided herein with respect to any subsequent act which would have originally constituted the violation hereunder.
17. NO ASSIGNMENT
You may not assign this Agreement. We may assign this Agreement to a third party without prior notice to you.
A determination that any provision of this Agreement is unenforceable or invalid shall not render any other provision of this Agreement unenforceable or invalid.
This Agreement does not create, and shall not be construed to create, any joint venture or partnership between you and us. No officer, employee, agent, servant, or independent contractor of either of us shall at any time be deemed to be an employee, servant, agent, or contractor of the other party for any purpose whatsoever.
20. FORCE MAJEURE
You understand and agree that we are not responsible or liable for any loss, liability, damages, expenses, or cost of any kind resulting from any delay or interruption in the Mobile Banking service due to causes beyond our reasonable control.
21. IN CASE OF ERRORS OR QUESTIONS ABOUT YOUR ACCOUNT
In case of errors or questions about your accounts, contact our Call Center toll-free at 1-800-379-1300. For additional information regarding your and our rights and responsibilities regarding errors or questions about your accounts and how such errors and questions are processed, please refer to your Online Banking Agreement and the applicable agreement(s) governing the affected account. For questions or concerns about the Mobile Banking service itself, you may call us toll-free at 1-800-379-1300 or by mail at HawaiiUSA Federal Credit Union, 1226 College Walk, Honolulu, HI 96817.