Mobile Banking Agreement
The use of Indiana Members Credit Union’s Mobile Banking constitutes acceptance of this Mobile Banking Agreement (“Agreement”). The NetTeller and iPay Services Terms and Conditions, to which You agreed when You enrolled in NetTeller (our online banking service), also apply to Mobile Banking. Depending on Your wireless plan, You may be charged an access fee. Please check with Your service provider for details on specific fees and charges.
We may offer additional Mobile Banking services and features in the future. Any added Mobile Banking services and features will be governed by this Agreement and by any terms and conditions provided to You at the time the new Mobile Banking service or feature is added or at the time of enrollment for the feature or service, if applicable. From time to time, We may amend these terms and modify or cancel the Mobile Banking service without notice, except as may be required by law.
As used in this Agreement and in the Mobile Banking services, the following words will have the definitions given below:
"We"," Us", and "IMCU" mean Indiana Members Credit Union.
"You", "Your(s)" mean each IMCU Account holder with authorized access to Your Account(s) through Mobile Banking.
"Account(s)" means Your eligible IMCU checking, savings, loan, share certificates and other IMCU products that can be accessed through Mobile Banking.
"Device" means a cellular telephone or similar wireless communication device onto which You have downloaded software provided by Us for the purpose of permitting Mobile Banking. A "Device" is also a cellular telephone or similar wireless communication device that is capable of conducting banking transactions at our Mobile Banking site through text (“SMS”) messaging, Wireless Application Protocol (“WAP”), or other products that We select or approve. Your wireless carrier may assess You fees for data or text messaging services. Please consult Your plan or provider for details.
"Mobile Banking" means the banking services accessible from the Device You have registered with Us for Mobile Banking.
“Item(s)” means a check that is payable on demand, drawn on or payable through or at an office of a United States financial institution, and payable or endorsed to You, and includes original checks, substitute checks and image exchange items. Such term does not include non-cash items or items payable in a medium other than United States money.
“Remote Deposit Anywhere™ powered by Jack Henry” (also “Remote Deposit Anywhere”, “RDA™ powered by Jack Henry”) means a service where deposits to Your IMCU Account may be made remotely using Your Device by submitting an image of the front and back of a check.
“P2P (Person-to-Person) Payments powered by PayPal™” (also “P2P”), is a service that allows You to send money via online banking to others using a cell phone number or an email address through the PayPal network. Sending money does not require You to have a PayPal Account, but the following rules do apply regarding PayPal’s role in processing P2P Payment transactions that use the PayPal network. PayPal is a payments service provider, which helps You make payments to third parties. PayPal is an independent contractor for all purposes, except that it acts as Your agent with respect to the custody of Your funds only. PayPal does not have control of, or liability for, the products or services that are paid for with P2P. PayPal does not guarantee the identity of any recipient or ensure that a recipient will complete a transaction. The recipient of a “P2P Transfer” must have, or successfully register for, a PayPal account within thirty (30) days of the initial payment being sent in order to receive funds.
“P2P Transfer” means an electronic movement of funds from Your Account to another party by means of the P2P or Person to Person Payment system offered within online banking.
"PayPal.com", "PayPal", and all logos related to the service are either trademarks or registered trademarks of PayPal or its licensors. You may not copy, imitate or use them without PayPal's prior written consent. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of PayPal. All rights, title and interest in and to the PayPal website, any content thereon, the services, the technology related to the PayPal services, and any and all technology and any content created or derived from any of the foregoing, is the exclusive property of PayPal and its licensors.
Mobile Banking is offered as a convenience and supplemental service to NetTeller. It is not intended to replace access to NetTeller from Your personal computer or other methods You use for managing Your Accounts and services with Us. Mobile Banking allows You to access Your IMCU Account information, pay bills, transfer funds between Your Accounts and conduct other banking transactions. To utilize Mobile Banking, You must be enrolled in NetTeller.
We reserve the right to limit the types and number of Accounts eligible for Mobile Banking and the right to refuse to make a transaction You request through Mobile Banking. We also reserve the right to modify the scope of Mobile Banking at any time. Mobile Banking may not be accessible over some network carriers. In addition, Mobile Banking may not be supportable for all Devices. IMCU cannot guarantee and is not responsible for the availability of data services provided by Your mobile carrier.
You agree to accept responsibility for learning how to use Mobile Banking in accordance with the instructions and agree that You will contact Us directly if You have any problems with Mobile Banking.
We may modify Mobile Banking from time to time at our sole discretion. In the event of any modifications, You will be notified prior to or at the time of implementation. You are responsible for understanding how to use Mobile Banking as modified. You also accept responsibility for knowing how to properly use Your Device and We will not be liable to You for losses caused by Your failure to properly use Mobile Banking or Your Device.
You agree that, when You use Mobile Banking, You remain subject to the terms and conditions of Your existing agreements with any unaffiliated service providers, including, but not limited to, Your mobile service provider and that this Agreement does not amend or supersede any of those agreements. You understand that those agreements may include fees, limitations and restrictions which might impact Your use of Mobile Banking (such as data usage or text messaging charges imposed on You by Your mobile service provider for uses of or interaction with Mobile Banking), and You agree to be solely responsible for all such fees, limitations, and restrictions. You agree that only Your mobile service provider is responsible for its products and services. Accordingly, You agree to resolve any problems with Your provider directly without involving Us.
Any deposit Account, loan or other IMCU product accessed through this Mobile Banking service is also subject to IMCU’s Account Agreement and Disclosure and Fee Disclosure provided at time of Account opening. You should review these disclosures carefully for transaction limitations and fees which might apply to Your use of Mobile Banking.
Permitted Mobile Banking Transfers
You may use Mobile Banking to transfer funds between Your eligible IMCU Accounts. You may not transfer to or from an account at another financial institution.
Federal Regulation D requires financial institutions to limit the way withdrawals may be made from a savings or money market Account. Each transfer from a savings or money market Account using Mobile Banking is counted as one of the six limited transactions permitted during each monthly statement cycle period, as described in the Account Agreement and Disclosure.
We may also limit the type, frequency and amount of transfers for security purposes and may change or impose limits without notice, at our discretion.
Remote Deposit Anywhere™ powered by Jack Henry
Deposits to Your IMCU Account may be made remotely using Your Device by submitting an image of the front and back of an Item.
You may request access for RDA™ powered by Jack Henry via the message center in NetTeller , via email through IMCU’s mobile app, in person or via phone. If approved, You will be notified via email and provided the next steps to follow. The following RDA™ powered by Jack Henry sections assume You have been approved for RDA™ powered by Jack Henry.
You may send images of checks via IMCU’s mobile application. You must enter all amounts and any other required information correctly. You will transmit the imaged Items to IMCU, or IMCU’s authorized processor, securely over the Internet. Your Account will be provisionally credited upon IMCU’s acceptance of imaged Items for deposit, which are received from You through the service.
All deposits via RDA™ powered by Jack Henry are accepted subject to IMCU’s verification and final inspection and may be rejected in IMCU’s sole discretion. All deposits via RDA™ powered by Jack Henry are subject to the terms of the Account Agreement and Disclosure. Additionally, all deposits via RDA™ powered by Jack Henry are subject to a minimum hold of two business days.
RDA™ powered by Jack Henry: Your Responsibilities
You shall comply with the following:
You shall maintain one or more Accounts for the receipt of deposits of Items.
You shall be responsible for Your training.
You shall only submit Items for processing to IMCU that meet the definition of “Item” and shall ensure that the Items scanned meet the standards for image quality established by ANSI, The Board of Governors of the Federal Reserve, Regulation CC and other pertinent regulatory agencies.
You shall be responsible for verifying IMCU’s receipt of Your transmission(s), in addition to cooperating in any investigation and resolving any unsuccessful or lost transmission with IMCU. Transmitting a file does not mean IMCU received the file.
You shall exercise due care in preserving the confidentiality of Your user identification and password or authentication method required for use of RDA™ powered by Jack Henry and shall further prevent the use of RDA™ powered by Jack Henry by unauthorized persons. You assume full responsibility for the consequences of unauthorized use of or access to RDA™ powered by Jack Henry or disclosure of any confidential information or instructions by You.
You understand and agree that an Item that is not paid by a payor financial institution, or is otherwise returned for any reason, shall be returned to You and charged to Your Account for the amount of the Item plus any associated fee as disclosed in IMCU’s Fee Disclosure. IMCU’s right to charge Your Account shall apply without regard to whether the Item is timely returned to IMCU or whether there is any other claim or defense that the Item has been improperly returned to IMCU.
You shall not engage in any activity directly or indirectly related to the use of RDA™ powered by Jack Henry that is illegal or fraudulent.
You shall not submit any “Unacceptable Items” for deposit, as listed below. IMCU’s processing of any imaged Item that meets the definition of “Unacceptable Items” shall not constitute a waiver by IMCU or obligate it to process such “Unacceptable Items” in the future. IMCU may discontinue processing of “Unacceptable Items” at any time, without cause or prior notice.
To ensure accuracy, You shall balance the dollar amount of each deposit to the sum of the checks prior to transmitting the file. You may send multiple files to IMCU throughout the day. You shall not make deposits in excess of the deposit limits.
If the total dollar value of Your file sent to IMCU exceeds the deposit limit, IMCU may refuse to accept the file, or IMCU may accept and process the file. You agree not to exceed the deposit limit.
The deposit limit is $1,000 per Item and $1,000 per day.
RDA™ powered by Jack Henry: Member Eligibility
You must be a member for a period of at least 6 months
You must be in good standing as a member of IMCU
You must maintain a credit score acceptable to IMCU
RDA™ powered by Jack Henry: Eligible Items for Deposit
You agree to submit only Items as defined in this Agreement. You agree that the image of the check transmitted to Us shall be deemed an Item.
RDA™ powered by Jack Henry: Unacceptable Items for Deposit
Checks drawn on a foreign bank
Checks payable to an individual not on the Account
An Item drawn on Your Account at IMCU
An Item that contains evidence of alteration
A check previously converted to a “substitute check”, as defined in Regulation CC
A stale-dated, expired, or post-dated Item
An Item that has been re-deposited or returned such as “non-sufficient funds” or “refer to maker”, or any other reason
RDA™ powered by Jack Henry[SS1] : Endorsement, Retention and Disposal of Transmitted Items
You agree to properly endorse the Item on the back as it appears on the
“Payable to” line, and the words FOR INDIANA MEMBERS CREDIT UNION MOBILE DEPOSIT ONLY are required.
You agree to securely store each original Item that You deposit using these services for a period of at least sixty (60) days. After sixty (60) days and no later than ninety (90) days after You transmit the original Item, You agree to safely destroy the original Item.
You agree to never re-present an Item for deposit.
You understand and agree that You are responsible for any loss caused by Your failure to secure the original Items.
You agree to promptly provide any retained Items to Us as requested to aid in the clearing and collection process, to resolve claims by third parties with respect to any Item, or for IMCU’s audit purposes. If You are unable to provide Us with the Item requested, You shall be liable for any unresolved claims by third parties.
RDA™ powered by Jack Henry: Credit Union Rights and Responsibilities
For all imaged Items processed pursuant to this agreement, digitized images will be converted to substitute checks and presented for payment to established endpoints, or image exchange Items will be presented for payment through image exchange networks. IMCU may in its sole discretion determine the manner of processing. All such processing and presentment shall be done in accordance with timeframes and deadlines set forth in the documentation and as otherwise established by IMCU.
Unless otherwise agreed by You and IMCU, IMCU will process any returned Items in accordance with applicable law and the Account Agreement and Disclosure.
Availability of credit from Items processed under this Agreement will be subject to the availability schedule of IMCU, which may be amended without notice.
IMCU may refuse to process any imaged Items. IMCU may establish exposure limitations and assign them to You.
In addition to any other rights IMCU may have in regards to Your Accounts, IMCU may hold and use funds in any deposit Account following termination of this Agreement for such time as IMCU reasonably determines that any Item processed by IMCU prior to termination may be returned, charged back, or otherwise a cause for any loss, liability, cost, exposure or other action for which IMCU may be responsible. You recognize that under Regulation CC and the rules of any image exchange network, IMCU’s representations and warranties as regarding image exchange Items and substitute checks may expose IMCU to claims for several years following processing of the image exchange Item or substitute check.
IMCU may add, delete or change the features or functions of RDA™ powered by Jack Henry at any time in IMCU’s sole discretion. If IMCU deems it reasonably practical to do so and if the change adversely affects Your usage of RDA™ powered by Jack Henry, IMCU will notify You of the change at the time of implementation. Otherwise, IMCU will notify You of the changes as soon as reasonably practical after implementation, which notice may be given electronically.
RDA™ powered by Jack Henry: Processing Times
RDA™ powered by Jack Henry is available for use at all times, but IMCU only processes Items on business days, except during maintenance periods or such other hours as established by IMCU from time to time. Transmissions processed after 8:30pm ET on a business day, or on any day that is not a business day, are treated as processed on the next business day.
Imaged Items processed for deposit through RDA™ powered by Jack Henry will be deemed to have been received by IMCU for deposit at the time the imaged Items are actually received and accepted at the location where IMCU or its designated agent posts the credit to the Account. A deposit of imaged Items will be deemed to have been received and accepted by IMCU for deposit when all of the following have occurred: IMCU has preliminarily verified that the image quality of the Items is acceptable to IMCU in its discretion, all Item information is complete and the deposit totals are balanced to the Item information provided for the deposit; and IMCU has successfully performed all further validation routines with respect to the deposit.
Items will be processed and ready for presentment by IMCU after IMCU receives all good digitized images and associated data for any given transmission from You. IMCU will use reasonable efforts to present Items for payment to the applicable endpoint within a reasonable period of time following receipt.
If an Item is not accepted for deposit, You may then submit the original Item to IMCU for processing or contact the maker to reissue the Item. If You submit the original Item for processing, IMCU reserves the right to refuse to process the Item for deposit.
RDA™ powered by Jack Henry: Fees
The following fees will apply:
Remote Dep Fee
(per check deposited via mobile device): $0.50
Please refer to IMCU’s Fee Disclosure for other fees that may apply.
RDA™ powered by Jack Henry : Termination
You may terminate this RDA™ powered by Jack Henry Agreement at any time, with or without cause, upon notice to IMCU.
IMCU may terminate this RDA™ powered by Jack Henry Agreement at any time without prior notice to You.
P2P (Person to Person Transfers)
Transfers from Your Account, to another person’s Account, either at IMCU or at another financial institution, may be made remotely using Your Device.
By accepting this Agreement and by using P2P, You agree to all the terms, conditions and notices contained in this Agreement and accept responsibility for Your use of P2P. Please read this Agreement carefully before accepting. IMCU may amend these terms and modify or cancel services and features offered from time to time without notice, except as may be required by law.
Any deposit Account accessed through this service is also subject to the Account Agreement and Disclosure, which should be reviewed carefully, as it includes transaction limitations and fees which might apply to Your use of P2P.
P2P: Transaction History
You may view Your transaction history by logging into NetTeller and viewing Account history, through the periodic statements IMCU provides You and through the application itself.
P2P: Eligibility for P2P Transfers
You authorize IMCU, directly or through third parties, to make any inquiries considered necessary to validate Your identity. This may include asking You for further information, requiring You to take steps to confirm ownership of Your email address or financial instruments, ordering a credit report and verifying Your information against third party databases or through other sources. IMCU will, at its sole discretion, authorize the use of P2P and may disallow the use of P2P Transfer by any credit union member.
P2P: Sending Money via Device
Sending Limits: PayPal may, at its discretion, impose limits on the amount of money You can send through P2P (in addition to any limits set by IMCU).
Transfers: When a P2P Transfer is made, the funds are immediately transferred from Your Account and are credited to PayPal to provide funds to the recipient. You agree that such requests constitute Your authorization to IMCU and PayPal to make the transaction. Once You have provided Your authorization for the P2P Transfer, You may not cancel it.
P2P: Refused and Refunded Transfers
When You send money, the recipient is not required to accept it. You agree that You will not hold PayPal or IMCU liable for any damages resulting from a recipient's decision not to accept a payment made through P2P. IMCU will return any unclaimed, refunded or denied payment to Your Account within 30 days of the date You initiate payment. If a recipient does not have an Account with PayPal, and does not set one up before 30 days has elapsed, You can request that the funds are returned to You before 30 days has elapsed by using the transaction history function in the online banking P2P screen and cancelling the transaction.
P2P: Claims, Limitation of Liability, No Warranty
You agree that within 10 days after receiving notification that Your P2P Transfer request has been executed, You will tell IMCU of any errors, delays, or other problems related to Your request. If Your P2P Transfer request is delayed or erroneously executed as a result of IMCU’s error, IMCU’s sole obligation to You is to pay or refund such amounts as may be required by applicable law. If You initiate a payment to a party or payee to which You did not intend, You are responsible to contact the receiving party to have the funds returned. IMCU or any of its payment processors are not responsible for P2P Transfers which were made in error by You or anyone You authorized to make them on Your behalf. In any event, if You fail to notify IMCU of any claim concerning Your P2P Transfer request within 60 days from the date that You receive notification that Your request has been executed, any claim by You shall be barred under applicable law. If IMCU does not complete a P2P Transfer from Your Account on time or in the correct amount when You have properly instructed IMCU to do so, IMCU will NOT be liable in cases such as but not limited to the following:
If, through no fault of IMCU, You do not have enough money in Your Account to make a P2P Transfer.
If a legal order directs IMCU to prohibit withdrawals from the Account.
If Your Account is closed, or if it has been frozen or blocked.
If the P2P Transfer would cause Your balance to go over the credit limit of an established line of credit or the credit limit for any credit arrangement set up to cover overdrafts.
If the P2P Transfer would cause Your balance to go over any Courtesy Pay limit You may have.
If You, or anyone authorized by You, commits any fraud or violates any law or regulation related to or affecting IMCU.
If any electronic terminal, telecommunication device, or any part of the online banking electronic funds transfer system is not working properly and You knew about the problem when You started the P2P Transfer.
If You have not properly followed the on-screen instructions for using P2P.
If circumstances beyond IMCU’s control (such as fire, flood, interruption in telephone service or other communication lines) prevent the P2P Transfer, despite reasonable precautions that We have taken.
P2P Transfer Fee: P2P Transfer Fee: $1.00 per transfer (including refunds/rejects)
Please refer to IMCU’s Fee Disclosure for other fees that may apply.
P2P: Transfer Limitation
The daily transfer limit is $1,000.
This limit may be changed at any time by IMCU without prior notice to P2P users. There are no minimum P2P Transfer amount requirements.
IMCU will notify You of any changes, fees, or other information about P2P if required by law. Notices from IMCU under this Agreement or by law may be sent electronically.
You may terminate this P2P Agreement at any time, with or without cause, upon notice to IMCU.
IMCU may terminate this P2P Agreement at any time without prior notice to You.
Fees Charged for Mobile Banking
In addition to the fees described in prior sections of this Mobile Banking Agreement, We may assess fees as described in IMCU’s Fee Disclosure for transactions that cause negative Account balances or involve an overdraft transfer or return Item.
We reserve the right to institute or change fees for Mobile Banking after notifying You of such change.
You represent that You are the legal owner of the Accounts and other financial information which may be accessed using Mobile Banking. You represent and agree that all information You provide to Us in connection with Mobile Banking is accurate, current and complete, and that You have the right to provide such information to Us for the purpose of using Mobile Banking. You agree not to misrepresent Your identity or Your Account information. You represent that You are an authorized user of the Device You will use to access Mobile Banking.
The Device You use for Mobile Banking must have a number that can be captured by Indiana Members Credit Union.
Unavailability of Services
You understand and agree that the services may at times be temporarily unavailable due to system maintenance or technical difficulties.
You agree to take every precaution to ensure the safety, security and integrity of Your Account and transactions when using Mobile Banking. You agree not to leave Your
Device unattended while logged into Mobile Banking and to log off immediately at the completion of each access. You agree not to provide any of Your access information to any unauthorized person. If You permit other persons to use Your Device, login information or any other means to access Mobile Banking, You will be held responsible for transactions they authorize and We will not be liable for damages resulting to You.
We make no representations that Mobile Banking will be available for use in locations outside of the United States.
You agree that You will not use Mobile Banking to:
Transmit or allow to be transmitted any information, data, or messages that violates the requirements of any mobile network carrier or operator through which information, data, or messages are transmitted;
Transmit or allow to be transmitted any information, data, or messages that are false, inaccurate, misleading, unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable;
Transmit or allow to be transmitted any information, data, or messages that harm minors in any way;
Transmit or allow to be transmitted any information, data, or messages that You do not have a right to make available under any law or under contractual or fiduciary relationships;
Transmit or allow to be transmitted any information, data, or messages that infringe any patent, trademark, trade secret, copyright, or other proprietary rights or rights of publicity or privacy of any party;
Utilize any unsolicited or unauthorized advertising, promotional materials, "junk mail", "spam", or any other forms of solicitation;
Violate the standards of practice set forth by the Mobile Marketing Association;
Interfere with or disrupt mobile banking services, or servers or mobile network carrier networks, or disobey any requirements, procedures, policies, or regulations of networks connected to and for mobile banking services.
Transmit or utilize any (a) viruses, worms, Trojan horses, or other code that might disrupt, disable, harm, erase memory, or otherwise impede the operation, features, or functionality of any software, firmware, hardware, wireless Device, computer system or network, (b) traps, time bombs, or other code that would disable any software based on the elapsing of a period of time, advancement to a particular date or other numeral, (c) code that would permit any third party to interfere with or surreptitiously access any personal information, or (d) content that causes disablement or impairment of services or equipment of any provider of mobile banking services or mobile network carrier.
Intentionally or unintentionally violate any applicable local, state, national or international law, or any regulations having the force of law;
Provide any material support or resources (or conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act;
Collect or store personal data about End Users in connection with the prohibited conduct and activities set forth hereinabove.
Unless caused by our intentional misconduct or gross negligence, You agree to indemnify, defend and hold harmless IMCU, its officers, directors, employees, consultants, agents, service providers, and licensors from any and all third party claims, liability, damages, expenses and costs caused or arising from (1) a third party claim, dispute, action, or allegation of infringement, misuse, or misappropriation based on information, data, files, or otherwise in connection with Mobile Banking; (2) Your violation of any law or rights of a third party; or (3) Your use, or use by a third party of Mobile Banking.
Lost or Stolen Device or Password; Unauthorized Transfers
If You believe Your Device, Username (Login ID), password, or other approved access Device has been lost or stolen, or that someone has transferred or may transfer funds from Your Account without Your authorization, notify Us immediately at 1-800-556-9268.
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 that makes Mobile Banking possible onto Your Device within the United States and its territories. In the event that You obtain a new or different Device, You will be required to download and install the software to that new or different Device. This License shall be deemed revoked immediately upon (i) Your termination of Mobile Banking in accord with this Agreement, (ii) Your deletion of the software from Your Device, or (iii) our written notice to You at any time with or without cause. If this License is revoked for any of the foregoing reasons, You agree to promptly delete the software from Your Device. Insofar as the Mobile Banking Agreement imposes duties and obligations on You, those duties and obligations survive revocation of the license.
You acknowledge that the software is subject to the United States government export control laws and regulations, which may restrict or prohibit the use, export, re-export, or transfer of the software. You agree that You will not directly or indirectly use, export, re-export, or transfer the software except in compliance with applicable U.S. export laws and regulations.
No Commercial Use
You agree that Mobile Banking services are for your use only. You agree not to resell or make commercial use of Mobile Banking.
You are permitted to use content delivered to You through Mobile Banking only on Mobile Banking. You may not copy, reproduce, distribute, or create derivative works from this content. Further, You agree not to 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.
Location Based Information
If You use any location based feature of Mobile Banking You agree that Your geographic location and other personal information may be accessed and disclosed through Mobile Banking. If You wish to revoke access to such information You must cease using location based features of Mobile Banking.
Third Party Beneficiaries
You agree that our service providers may rely upon Your agreements and representations in this Agreement and such service providers are third party beneficiaries to this Agreement, with the power to enforce its provisions against You.
You may terminate this Agreement at any time upon notice to IMCU.
IMCU may terminate this Agreement at any time without prior notice to you.