DIGITAL BANKING SERVICES AGREEMENT
The new Services Agreement encompasses most of the services within Digital Banking, including Bill Pay, External Transfers, and Online Statements for ease of access and use. Please agree to the Terms and Conditions of the Services Agreement to continue using Mobile Banking and/or Online Banking.
Please read this Digital Banking Services Agreement ("Agreement") carefully and print a copy for your records. You have a choice of whether or not to accept the terms and conditions of this Agreement. If you choose to click "I Accept" button at the end of this Agreement, you represent that you have reviewed this Agreement and agree to all of its terms and conditions.
TABLE OF CONTENTS
- ABOUT THIS AGREEMENT
- What this Agreement Covers
- Accepting this Agreement
- Relation to Other Agreements
- Agreement to Receive Electronic Communications
- Paper Version of Communication
- Electronic Signature
- DIGITAL BANKING
- System Unavailability
- Notification and Changes in Terms and Conditions
- Email Address, Notification and Updates
- Email Capabilities and Limitations
- Password and Security
- Online Statements
- ELECTRONIC FUND TRANSFERS
- Your Responsibility and Liability for Unauthorized Transfers
- Contact in Event of Unauthorized Transfer
- Limits on Transfers and Transactions
- Transaction Limitations on Savings and Money Market Accounts
- Finance Charges on Loan Transfers
- Funds Availability and Accrual of Dividends
- Future Dated Transfers
- Frequency of Transfers
- Processing Dates, Funds Availability and Cancellation Instructions for Transfers
- Electronic Presentment and Payment of Checks
- Right to Stop Payment on Electronic Transfers
- Stop Payment on Preauthorized Payments
- Fees and Charges
- Periodic Statements; Account Transaction History
- Our Liability
- Errors or Questions
- BILL PAYMENT
- Payment Authorization and Payment Remittance
- Initiation of Payment Instructions
- Receiving Payments
- Payment Cancellation, Stop Payment Requests and Refused Payments
- Mobile Phone Users
- Popmoney Payment Service Fees and Additional Charges
- Refused Payments
- Returned Payments
- Payment Methods
- MOBILE BANKING
- System Availability
- Other Agreements
- Equipment and Software
- Exclusive Remedy for Mobile Banking
- MOBILE DEPOSIT
- Your Responsibilities
- Mobile Deposit Service
- Compliance with Law
- Our Rights and Responsibilities
- Processing Times and Funds Availability
- Your Representations and Warranties
- Right to Audit
- TEXT BANKING & ALERTS SERVICES
- GENERAL TERMS
- Service Providers
- Our Relationship With You
- Notices to Us
- Notices to You
- Text Messages, Calls and/or Emails to You
- Prohibited Payments
- Acceptable Use
- Payment Methods and Amounts
- Failed or Returned Payment Instructions
- Address or Banking Changes
- Information Authorization
- Intellectual Property
- Violations of this Agreement; Indemnification
- Exclusion of Warranties
- Limitation of Liability
- Your Responsibility
- Termination, Cancellation, or Suspension
- License Permission and Use Restrictions
- Hyperlinks and Frames
- Third Party Content Policy
- Unsolicited Email, Spamming and Spoofing
- No Waiver
- Force Majeure
- Jurisdiction and Governing Law
- Complete Agreement, Severability, Captions, and Survival
ABOUT THIS AGREEMENT
What this Agreement Covers. This Agreement between you ("you" or "yours") and The Golden 1 Credit Union ("Golden 1," "we," "our" or "us") states the terms and conditions that govern your use of various online banking and mobile banking services offered by Golden 1 (collectively, "Digital Banking Services" and each, a "Service"), which permit you to perform certain banking functions on our website at golden1.com ("golden1.com" or "Site") or by other electronic means, including, but not limited to, by email, mobile or wireless access ("Digital Banking"). Digital Banking Services include, without limitation, services that allow you to access your account information, make payments, transfer funds and conduct other banking transactions through the Site ("Online Banking"), or from your mobile device ("Mobile Banking"). Certain other capitalized terms used in this Agreement are defined in the "Definitions" section below.
Accepting this Agreement. Before Golden 1 provides Digital Banking Services to you, you must read and accept the terms of this Agreement. If you agree to all of the terms and conditions of this Agreement once you have completely reviewed them, you may indicate your consent by clicking on the "I Accept" button at the end of this Agreement. If you choose not to accept the terms and conditions of this Agreement, your access to Digital Banking Services will not be activated. By accepting this Agreement, you are agreeing to the terms and conditions for all Digital Banking Services whether or not you use them. This Agreement controls all general aspects of your use and access to Digital Banking Services, including, among other things, the use of your "Electronic Signature" (as defined below). The terms and conditions of this Agreement pertaining to a particular Service will become applicable at the time when you request access to such Service.
When you use or access Digital Banking Services, or permit another person to use Digital Banking Services on your behalf, you acknowledge receipt of this Agreement and agree to be bound by all terms and conditions contained herein, and all applicable terms and conditions contained in other agreements between us and you governing your checking, savings and loan accounts accessible in connection with Digital Banking Services. You further agree to follow all instructions provided in connection with Digital Banking Services as reflected on your computer monitor, handheld computing device, personal digital assistant (PDA), and other Internet-enabled devices (collectively, "mobile device") or email or other system access screens.
Relation to Other Agreements. The terms and conditions of this Agreement are in addition to the terms and conditions of any and all other deposit account, loan and credit agreements, including all disclosures made pursuant to such agreements that you have with Golden 1. These terms and conditions supplement and do not replace the Disclosure of Account Information applicable to your account(s) with Golden 1. To the extent that this Agreement and another agreement contain conflicting provisions, the provisions in this Agreement will control (with the exception of provisions in another agreement which specify the necessary hardware, software, and operating system, in which case such other provision controls), but all other contractual obligations of the parties remain subject to the terms and conditions of any other agreement.
Agreement to Receive Electronic Communications. You have previously provided your affirmative consent to receive in electronic format, by electronic mail, website posting or through logged-in website interaction, all Communications related to Digital Banking Services. "Communications" means this Agreement, including information that we are required to disclose under the Electronic Fund Transfer Act ("EFTA") and its implementing Regulation E, and any amendments, disclosures, notices, privacy policies, and any information that we are required by law to provide to you in writing, and any notice regarding hardware or software changes or access to the Site. Once you have enrolled in Digital Banking Services, periodic updates to this Agreement and other Communications related to your account(s) will be provided electronically only. Your consent to receive electronic Communications does not automatically enroll you in our Online Statements. You must complete a separate enrollment to stop receiving paper statements.
You may withdraw your consent for receiving electronic Communications at any time. Withdrawal of your consent will immediately terminate the delivery of future Communications to you in electronic form. If you elect to receive Communications only in paper format, it may slow the speed at which we can complete certain steps in transactions with you because we will need first to send the Communications to you in paper format, and then wait until we receive back from you your acknowledgment of your receipt of such paper Communications. To withdraw your consent, all you need to do is contact us by phone at 1-877-GOLDEN 1(1-877-465-3361) or write to us at Golden 1 Credit Union, P.O. Box 15966, Sacramento, CA 95852-0966. The withdrawal of your consent will not affect the previously delivered electronic Communications.
To access and retain the Communications electronically, you must have a working connection to the Internet with email capability and software that permits you to receive and access Portable Document Format or "PDF" files with Adobe® Reader® software, Apple® Safari® browser, Google® Chrome™ browser or Mozilla® Firefox® browser. If we change the minimum hardware or software requirements, we will send you a description of the new hardware and software requirements to the email address you provide. If you are unable to receive electronic documents, you must notify us.
Paper Version of Communication. This Agreement is available for viewing online at any time, and can be downloaded or printed using your computer and a printer. You may request a paper version of this Agreement or any other Communication we provide to you electronically by contacting our Member Service Contact Center at 1-877-GOLDEN 1(1-877-465-3361) or by logging on to your Online Banking account at golden1.com. We will mail paper copies of a Communication to you (at the address shown on our records) within ten (10) Business Days after the date we receive your request. Although we do not currently impose a fee or other charge for the initial paper copy of your Communications, we reserve the right to impose a fee or charge in the future and to change such fee at any time.
Electronic Signature. By selecting "I Accept" at the end of this document you are signing this Agreement electronically and you agree that doing so is the legal equivalent of you manually signing this Agreement and that you will be legally bound by its terms and conditions. You further agree that your use of a key pad, mouse or other device to select an item, button, icon, or similar act/action, or to otherwise provide Golden 1 instructions via Digital Banking, or in accessing or making any transaction regarding any agreement, acknowledgement, consent terms, disclosures, or conditions constitutes your signature, acceptance, and agreement as if actually signed by you in writing (your "Electronic Signature"). You also agree that no certification authority or other third-party verification is necessary to validate your Electronic Signature and that the lack of such certification or third-party verification will not in any way affect the enforceability of your Electronic Signature or any resulting contract between you and us. You also represent that you are authorized to enter into this Agreement for all persons who own or are authorized to access any of your accounts and that such persons will be bound by the terms of this Agreement.
Description. You may access your accounts through Digital Banking on the Site or through your mobile device to obtain various services, including, but not limited to, access your account information, make payments, transfer funds, and receive online statements, that Golden 1 currently makes or in the future may make available via Digital Banking and which you currently or in the future may access or otherwise use. You must request access to each of Digital Banking Services individually. You will be automatically enrolled in Mobile Banking when you enroll in Online Banking. Sign on to Digital Banking for a complete list of available Digital Banking Services.
Eligibility. To be eligible for Digital Banking Services, you must be a member of Golden 1, a resident of the United States or its possessions, and have a deposit account in good standing with Golden 1. You must be the member/account owner on the deposit account; a joint owner is not eligible for Digital Banking Services. You agree to use Digital Banking Services for individual purposes only, and not on behalf of any business, corporation, proprietorship or other entity. Digital Banking Services are not offered to minors unless they are using an account in the name of the minor with a parent or guardian as a co-signor or guarantor. By using each of Digital Banking Services, you represent that you meet these requirements and that you agree to be bound by this Agreement. We reserve the right to refuse enrollment to any member and to terminate your enrollment in any or all Digital Banking Services.
Access. To access Digital Banking Services, you will need a personal computer or mobile device with Internet access and a supported Internet browser. You can access your Golden 1 accounts and process transactions through Digital Banking 24 hours a day, 7 days a week, except as otherwise provided herein.
System Unavailability. Access to Digital Banking Services may be unavailable at times due to system maintenance or circumstances beyond our control. During these times, you may call our Member Service Contact Center at 1-877-GOLDEN 1(1-877-465-3361) for assistance. We will make all reasonable efforts to ensure the availability of Digital Banking Services; however, we are in no way liable for system unavailability or any consequential damages that may result.
Notification and Changes in Terms and Conditions. The terms and conditions of this Agreement may be modified or amended by us at any time. When changes are made, we will update this Agreement on the Site on or before the effective date, unless an immediate change is necessary to maintain the security of the system or unless a law, rule or regulation requires that it be updated at an earlier time. Any notification, required or appropriate, will be mailed or made available to you online. We may change or amend any part of this Agreement, including changes in terms, conditions and fees, as long as we give you advance notice as required by law. Please access and review this Agreement regularly. If you find this Agreement unacceptable to you at any time, please discontinue your use of Digital Banking Services. Your continued use of Digital Banking Services after notification of changes will be considered your agreement to be bound by all such changes.
Email Address, Notification and Updates. Your email address is required in order for you to obtain Digital Banking Services. We may notify you through email when a Communication or updated Agreement is available. To ensure that you continue to receive any such email notice pertaining to Communications or Digital Banking Services, you agree to keep us informed of any changes in your email address. You may modify your email notification address by accessing "Self Services" within your Online Banking account accessible via the Site. If we are not able to send you an email notification, you will still be able to access Communications through Digital Banking. Regardless of whether we are able to deliver an email notification to you, you agree that Communications will be deemed transmitted and received as soon as we make the Communications available to you through Digital Banking. You further agree to promptly review Communications made available to you through Digital Banking. It is your responsibility to use Digital Banking regularly to check for updates to Communications and this Agreement.
Email Capabilities and Limitations. Online Banking includes email capabilities allowing you to send and receive secure electronic email messages to and from us. We will not immediately receive and review email messages that you send and will NOT process any request for a funds transfer received via email. Further, we may not act upon requests for stop payments, requests for replacement passwords, reports of lost or stolen passwords or unauthorized transactions (please refer to the "Your Responsibility and Liability for Unauthorized Transfers" section below for appropriate action), reports of lost or stolen automated teller machine ("ATM") or Visa cards, or on any other request in which we would normally require written notification or your authorizing signature, without first confirming the authenticity of the email request/notification via telephone. In some instances, written confirmation reflecting your authorizing signature may still be required. We will not take action based on your email requests until we actually receive your message and have a reasonable opportunity to act. If your request requires immediate attention, contact our Member Service Contact Center directly at 1-877-GOLDEN 1(1-877-465-3361).
Password and Security. You are required to select a User ID and a password for use with Digital Banking. The password you select must be between six (6) and twenty (20) characters in length and contain at least one alpha and one numeric value. Your password is required for security purposes in connection with the authentication of Digital Banking Services, including, without limitation, loan applications, transfers and payments you initiate through Digital Banking. Only one (1) password per account structure will be issued. Your password is confidential and should NOT be disclosed to others or recorded on documentation or records located on or around your personal computer.
You are responsible for the proper safekeeping of your password. If you authorize anyone to use your password, then that authority shall continue until you specifically revoke such authority by changing the password or by notifying us and obtaining a replacement password. Users of Digital Banking should utilize such password protection precautions as may be appropriate under any particular set of circumstances to ensure proper security over system access and access to account and transaction information and funds transfer capabilities. Digital Banking allows you to change your password. To help safeguard your security, you should change your password frequently. If you forget your password or your system access is disabled due to the use of an incorrect password, you must contact the Member Service Contact Center at 1-877-GOLDEN 1(1-877-465-3361) to have a temporary password issued to you. We reserve the right to require written request for a new/replacement password.
You agree not to give or make available your Digital Banking User ID and password or other means to access your account to any unauthorized individuals. You are responsible for all payments you authorize using Digital Banking Services. If you disclose your Digital Banking User ID and password to another person, we may treat such disclosure as your authorization to that person to transfer or withdraw funds from your account(s). Further, if you permit other persons to use Digital Banking Services or your Digital Banking User ID and password or other means to access your account, you are responsible for any transactions they authorize, regardless of whether that person is authorized to transfer or withdraw funds from the account(s) by any means other than by use of Digital Banking. If you fail to maintain security of your User ID or password and we suffer a loss, we reserve the right to terminate your access to Digital Banking as well as other Golden 1 deposit and loan services. If you are issued or create any password or other credentials to access Digital Banking Services or the portion of the Site through which Digital Banking Services are offered, you agree not to give or make available your password or credentials to any unauthorized individuals, and you agree to be responsible for all actions taken by anyone to whom you have provided such credentials.
Online Statements. You may request to receive your account statements online only ("Online Statements"). You may request Online Statements by selecting "I want to sign up for Online Statements and Electronic Notices" during the initial Digital Banking enrollment. Alternatively, you may request Online Statements at any time by clicking on the Online Statements tab, following the required steps, and agreeing to the terms of the Consent to Receive Online Statements.
ELECTRONIC FUND TRANSFERS
Coverage. The EFTA and its implementing Regulation E govern some of the transactions subject to this Agreement, and some terms and conditions included in this Agreement are required by federal law. The following disclosures apply to all electronic fund transfers, as defined in Regulation E, conducted to or from consumer accounts through Digital Banking Services, including, without limitation, electronic fund transfers conducted through Bill Payment Service, Popmoney Payment Service, and External Transfer Service.
Your Responsibility and Liability for Unauthorized Transfers. You are responsible for all transfers and payments you initiate and authorize using Digital Banking. You are also responsible for monitoring the confidentiality and security of your username and password. If you permit other persons to use Digital Banking and your password, you are responsible for any transactions they authorize from any of your accounts. Notify us IMMEDIATELY if you believe that your password or any other account access information has been lost or stolen, that someone has used it or may use it to access your accounts, or that any electronic fund transfer or any other transfer of money has been made without your permission. Contacting us via telephone is the best way of keeping your possible losses down. You could lose all the money in your account plus any available credit on your line(s) of credit.
If you notify us within two (2) Business Days after learning or suspecting that your password was lost, stolen, or used by someone without your permission, you can lose no more than $50.00. If you do NOT notify us within two (2) Business Days after you learn of the loss or theft of your password or that someone has accessed your account without authorization, and we can prove we could have prevented someone from using your password and initiating a transaction without your permission had you told us, you could lose as much as $500.00.
Also, if your statement shows transfers that you did not make, tell us AT ONCE. If you do not tell us within sixty (60) days after the statement was mailed or made available to you, you may not get back any money you lost after the sixty (60) days if we can prove that we could have prevented someone from taking the money had you told us in time. If you grant authority to make transfers to another person (such as a family member or friend) who exceeds the authority granted, you are fully liable for any transfers until you notify us that transfers by that person are no longer authorized. If a valid reason (such as a long trip or a hospital stay) kept you from telling us, we will extend the time period.
Contact in Event of Unauthorized Transfer. If you believe that your password or any other account access information has been lost or stolen, that someone has used it or may use it to access your accounts without your permission, call our Member Service Contact Center at 1-877-GOLDEN 1(1-877-465-3361), or write to us at Golden 1 Credit Union, P.O. Box 15966, Sacramento, CA 95852. You should also call or write to us if you believe a transfer has been made using the information from your check without your permission.
Limits on Transfers and Transactions. There are no limits on the number or value of transactions you may initiate through Digital Banking except as stated below, provided collected funds are available in your account or sufficient credit is available on your line of credit. You cannot initiate transfers using Digital Banking to or from certificate accounts, individual retirement accounts, or any restricted accounts. Overdraft protection (if any) is NOT automatically triggered to cover "insufficient funds" transactions. We reserve the right to limit the frequency and dollar amount of any transactions at any time for security reasons.
Transaction Limitations on Savings and Money Market Accounts. You are allowed a total of six (6) transfers and withdrawals by automatic overdraft, telephone transfers, personal computer transfers, mobile device transfers or preauthorized transfers per calendar month (or statement cycle of at least four (4) weeks) from your regular savings or money market savings under the same account. You may transfer any available balance, unless limited under another agreement. These transfer and withdrawal limitations do not apply to transactions conducted at ATMs, in person, or by mail. Also, internal transfers to make payments to your loans with us are excluded from this limitation. A preauthorized transfer includes any arrangement with us to pay funds from your account at (a) a predetermined time; (b) on a fixed schedule; or (c) upon oral or written orders received through the initiating person or by mail. You may also authorize other persons to initiate preauthorized transfers from your account on your behalf. If you repeatedly exceed the transfer limitation set forth above, your account will be subject to closure. We may refuse any withdrawal request that is greater in number than the frequency permitted, or which is for an amount greater than any withdrawal limitations.
Finance Charges on Loan Transfers. Each transfer made from your Visa® account, Golden ReserveSM, home equity line of credit account or any other revolving line of credit account you may have with us, is considered a cash advance. Finance charges begin to accrue from the effective date of each loan transfer in accordance with the terms of your credit agreement(s).
Funds Availability and Accrual of Dividends. Funds from electronic fund transfer credits/deposits will be available on the same day of the transfer in accordance with our "Funds Availability Policy," which can be found within the Disclosure of Account Information provided to you at the time you opened your account(s) with us. Dividends begin to accrue on the effective date of the transfer.
Future Dated Transfers. Future dated transfers are transactions that can be scheduled up to one year in advance of the desired transaction date. All future dated transfers will be processed at 1:00 p.m. Pacific Standard Time (PST) on the scheduled date of transfer.
Frequency of Transfers. Transfers can be requested for one time only or scheduled to automatically recur weekly, monthly, quarterly or annually. Recurring transfers can be open-ended and continue indefinitely until canceled, or they can be limited to a specific number of occurrences as established by you, subject to the transaction limitations on savings and money market accounts.
Processing Dates, Funds Availability and Cancellation Instructions for Transfers. For transfers that are to be processed on the date they are initiated, funds are immediately deducted from your account and cannot be canceled for any reason once the transfer request has been completed. Sufficient funds must be available in the account from which the transfer is being made at the time of transfer. For future dated transfers, sufficient funds must be available in the account from which the withdrawal is being made no later than 1:00 p.m. PST on the scheduled transfer date. Any request to cancel or delete a future dated transfer must be made prior to 1:00 p.m. PST on the transaction date.
Electronic Presentment and Payment of Checks. In some cases when you write a check to a merchant in payment of goods or services, the merchant may present that check electronically for payment instead of sending us the paper check. Generally, merchants who make use of electronic presentment of checks will inform you of their intention to do so at the time you give them your check. When we receive these items in electronic form, they will be debited against your account the same as if we had received the actual paper checks; however, these transactions are covered under the provisions of the EFTA. When you provide information to a merchant from your personal check (such as the MICR encoded routing, account and serial numbers), or send your check to a lockbox regardless of whether the check is blank, partially or fully completed, along with your signature, and the check is converted into an electronic fund transfer to debit the funds from your account, this is covered under the provisions and protections of the EFTA.
When a paper check has been returned unpaid to a merchant because there are not sufficient funds in your account to cover it, the merchant may re-present the check to us electronically. The check represented electronically can be processed as an ACH payment up to three (3) times until it clears (that includes the first presentment, which may or may not have been in check form). Re-presented check entries, which result from the original check being processed in paper form, are NOT covered under the EFTA; they are covered by the UCC, and Regulation CC.
If you wish to place a stop payment order on a check that you have given to a merchant who intends to present it to us electronically, we must receive your stop payment order in the manner required by law and in such time and manner that allows us a reasonable opportunity to act upon it before we receive the electronic debit entry.
Right to Stop Payment on Electronic Transfers. A stop payment order cannot be placed once an electronic fund transfer has been initiated by you and accepted by the system, or a bill payment transfer has been made and your account has been debited on the scheduled payment date. If you have made a transfer in error, you must reverse the transaction by initiating a correcting transfer. Please note that transfers cannot be corrected via Digital Banking when made as transfer/payments to closed-end loan accounts. Contact us immediately if you require reversal of these transactions or need additional assistance. For further information on placing stop payments on bill payment transfers before payment is made, refer to the "Bill Payment" section below. You agree to indemnify and hold us harmless against any and all claims you or any third party may have arising from or in connection with your failure to timely request a stop payment in accordance with the terms and conditions of your agreements with us.
Stop Payment on Preauthorized Payments. If you have told us in advance to make regular payments out of your account, you can stop any of these payments. Call our Member Service Contact Center at 1-877-GOLDEN 1(1-877-465-3361), or write to us at Golden 1 Credit Union, P.O. Box 15966, Sacramento, CA 95852, in time for us to receive your request three (3) Business Days or more before the payment is scheduled to be made. If you call, we may require you to put your request in writing and deliver it to us within fourteen (14) days after your call. Unless you notify us otherwise, we will treat your stop payment order as a request to stop payment on one particular payment. If you want all future payments to a particular party stopped, you must specifically advise us of your intention. We will charge you for each stop payment order in accordance with our Fee Schedule. If you order us to stop one of these electronic payments three (3) Business Days or more before the transfer is scheduled to be made, and we do not do so, we will be liable for your losses or damages proximately caused by us.
Confidentiality. It is our general policy to treat your account information as confidential. However, we will disclose information to third parties about your account or the transfers you make in the following situations: (a) where it is necessary for completing transfers; (b) to comply with government agency or court orders, such as a lawful subpoena; (c) to persons authorized by law in the course of their official duties; (d) to a consumer reporting agency as defined by applicable law; (e) to our employees, auditors, service providers, attorneys or collection agents in the course of their duties; (f) to verify the existence and condition of your account for a third party, such as a credit bureau or merchant; (g) as disclosed in our privacy notice previously delivered to you; (h) if you give us your written permission; or (i) as otherwise permitted by applicable law.
Fees and Charges. We do not charge fees for making electronic fund transfers; however, other fees and charges associated with your account(s) will continue to apply. There may be fees and charges related to the Bill Payment Service and External Transfer Service if used by you. Refer to our Fee Schedule for details on fees and service charges. You are solely responsible for the payment of any Internet service provider, telephone and utility company charges incurred in connection with accessing Digital Banking Services.
Periodic Statements; Account Transaction History. Your completed Digital Banking transactions will appear on your periodic account statements. You will get a monthly account statement on the electronic funds transfer activity on your accounts unless there are no transfers in a particular month. In any case, you will get a statement at least quarterly. Be sure to review and verify all statement information thoroughly. You may also obtain information on transfers and payments by inquiry of your transactional account history using Digital Banking. You agree to review your transactions by this method instead of receiving receipts by mail. You may access and download your transactional account history through Digital Banking. When you do so, Online Banking will display your transactional account history for the past two (2) years in 120 calendar day increments, and Mobile Banking for the past 90 calendar days in ten (10) transaction increments. You may need to download your transactional account history periodically if you wish to have all of your account information on your personal computer.
Our Liability. If we do not complete a transfer to or from your Account on time or in the correct amount according to our agreement with you, we may be liable for your losses and damages; however, there are some exceptions. We will NOT be liable, for instance:
If, through no fault of ours, you do not have enough available funds in your Account to make the transfer;
If the transfer would exceed any permitted overdraft line you have with us;
If circumstances beyond our control (such as fire, flood, power failure, labor dispute, computer breakdown, telephone line disruption, or a natural disaster) prevent or delay the transfer despite reasonable precautions taken by us;
If the funds in your account are subject to legal process, an uncollected funds hold, or are otherwise not available for withdrawal;
If the password or transaction information or other information you have provided is incorrect, incomplete, ambiguous, or untimely;
If the system was not working properly and you know or have been advised about the malfunction before you execute the transfer;
If you are in default on an account to which you are attempting a transfer; or
There may be other exceptions stated in our agreement with you.
In addition, we will also have no liability whatsoever for failure to complete a payment or transfer you initiate or attempt to initiate through Digital Banking under any of the following circumstances:
If you did not properly follow software or Digital Banking instructions on how to make the transfer or payment;
If you did not give us complete, correct and current instructions or information to process your transaction request, including, without limitation, the Eligible Transaction Account, External Account and Biller information;
If you did not authorize a payment soon enough for the payment to be made, transmitted, received and credited by the payee/vendor;
If we made a timely payment but the payee/vendor did not promptly credit your payment after receipt;
If your personal computer, mobile device and/or software malfunctioned for any reason;
If the transfer or payment could not be completed due to system unavailability or a telecommunication or Internet service provider service failure; or
If we blocked the transfer to protect the integrity or security of the system.
Errors or Questions. In case of errors or questions about your electronic fund transfers, you should notify us as soon as possible by calling our Member Service Contact Center at 1-877-GOLDEN 1(1-877-465-3361), writing us at Golden 1 Credit Union, P.O. Box 15966, Sacramento, CA 95852, or emailing us a secure message utilizing the Online Banking Message Center as soon as you can, if you think your statement or receipt is wrong or if you need more information about a transfer listed on a statement or receipt. We must hear from you no later than sixty (60) days after we sent the FIRST statement on which the problem or error appeared. You must:
Tell us your name and account number (if any).
Describe the error or the transfer you are unsure about, and explain as clearly as you can why you believe it is an error or why you need more information.
Tell us the dollar amount of the suspected error and the date it occurred.
For security reasons, please do not include confidential information such as account numbers in your unsecure email communications to us.
If you tell us orally, we may require that you send us your complaint or question in writing within ten (10) Business Days. We will determine whether an error occurred within ten (10) Business Days after we hear from you and will correct any error promptly. If we need more time, however, we may take up to forty-five (45) calendar days to investigate your complaint or question. If we decide to do this, we will credit your account within ten (10) Business Days for the amount you think is in error, so that you will have the use of the money during the time it takes us to complete our investigation. If we ask you to put your complaint or request in writing and we do not receive it within ten (10) Business Days, we may not credit your account.
For errors involving new accounts, point-of-sale, or foreign initiated transactions, we may take up to ninety (90) days to investigate your complaint or question. For new accounts, we may take up to twenty (20) Business Days to credit your account for the amount you think is in error.
We will tell you the results within three (3) Business Days after completing our investigation. If we decide that there was no error, we will send you a written explanation. You may ask for copies of the documents that we used in our investigation.
Internal Transfers. You may use Digital Banking to make one-time or repeating transfers among Accounts held by us ("Cross Account Transfer"). Cross Account Transfers are permitted to any sub-Account (unless otherwise restricted) as established within the membership Account structure at Golden 1. We reserve the right at any time to restrict or prohibit Cross Account Transfer capabilities on specific types of Accounts. To transfer available funds from one Account to another, you must log on to Digital Banking using the membership Account number from which you wish to transfer the funds. Cross Account Transfer capabilities are divided into two types: (1) transfers between your Golden 1 Accounts; or (2) transfers to another person"s Golden 1 Account.
Transfers Among Your Golden 1 Accounts. You may transfer funds between your Golden 1 Accounts that have different Account numbers. This service is available where the accountholder and his or her Social Security number are the same on both Accounts. To request Cross Account Transfer capabilities to transfer funds between your Golden 1 Accounts online, you can send us a secure message within Online Banking, contact a Member Service Representative, or visit one of our branches. You must be a legal owner on all Accounts identified. We may verify legal ownership on all Accounts before Cross Account Transfer capabilities are permitted. To access and initiate funds transfers on your Accounts, you must also provide us with each Account number.
Transfers to Third Party Golden 1 Accounts. You may transfer funds to another Golden 1 Account, of which you are not a legal owner. To request Cross Account Transfer capabilities to transfer funds from your Account to the Account of another member (a third party), you can send us a secure message within Online Banking, contact a Member Service Representative or visit one of our branches. You may be permitted to transfer funds from your Account(s) to the Account of another member; however, you will not have access to, or the capability to review Account balances or activity, or to perform other transactions on third-party Account(s). Transfers of funds made by you to third-party Accounts are non-revocable and cannot be reversed without the third-party"s written consent, even if you have made an error in the amount transferred or the Account to which the funds were transferred.
External Transfers. You may use Online Banking to transfer funds between your Golden 1 Accounts and your Accounts that are maintained by other financial institutions ("External Transfer Service"). At this time, the External Transfer Service is not available through Mobile Banking. Golden 1 Account types that qualify as Eligible Transaction Accounts for the External Transfer Service include checking, money market, or savings accounts that you hold with us. Other financial institutions may have restrictions regarding transfers into and out of various account types and limitations on the External Accounts. We are not responsible for any costs or losses arising out of transfers that are not permitted by another financial institution. Please refer to your other financial institution"s terms and conditions relating to incoming and outgoing transfers. The following types of transfers are available through the External Transfer Service: (1) a one-time transfer for which processing is initiated immediately, (2) a one-time transfer for which processing is initiated at a later specified date up to one (1) year, and (3) a recurring series of transfers for which processing is initiated on the specified dates.
Authorization. You represent and warrant that you are either the sole owner or a joint owner of the Eligible Transaction Account and the External Account and that you have all necessary legal right, power and authority to transfer funds between the Eligible Transaction Account and the External Account. If you are a joint owner of the Eligible Transaction Account, the External Account, or both, then you represent and warrant that (i) you have been authorized by all of the other joint owners to operate such Accounts without their consent (including, without limitation, to withdraw or deposit any amount of funds to such Accounts or to even withdraw all funds from such Accounts); and (ii) we may act on your instructions regarding such Accounts without liability to such other joint owners. Further, you represent and warrant that the External Account is located in the United States.
When we receive a Transfer Instruction from you, you authorize us to (i) debit your Eligible Transaction Account and remit funds on your behalf to the External Account designated by you and to debit your applicable Account for any service fees and additional charges associated with the External Transfer Service as disclosed in our Fee Schedule; or, as applicable, to (ii) credit your Eligible Transaction Account and remit funds on your behalf from the External Account designated by you and to debit your applicable Account for any service fees and additional charges associated with the External Transfer Service. You also authorize us to reverse a transfer from the applicable Account if the debit is returned from the other Account in the transaction for any reason, including, but not limited to, nonsufficient funds.
It is your responsibility to ensure the accuracy of any information that you enter into the External Transfer Service, and for informing us as soon as possible if you become aware that this information is inaccurate. You may not use a P.O. Box as a postal address. We will make a reasonable effort to stop or recover a transfer made to the wrong Account once informed, but we do not guarantee such recovery and will bear no responsibility or liability for damages resulting from incorrect information entered by you.
Processing. We will use reasonable efforts to make all your transfers properly. However, we shall incur no liability if we are unable to complete any transfers initiated by you because of the existence of any one or more of the circumstances described in the "Our Liability" subsection within the Electronic Fund Transfers section above, or if the transfer is refused as described in the "Refused Transfers" section below.
Transfer Methods and Amounts. The "Payment Methods and Amounts" section of the General Terms below applies to the External Transfer Service, even in circumstances where the External Account is closed and we are attempting to return funds to such Account.
Transfer Cancellation Requests and Refused Transfers. You may cancel a transfer at any time until it begins processing (as shown in the External Transfer Service). We will, to the extent permitted by law, make reasonable attempts to return any unclaimed, refused, refunded, prohibited, or denied transfer to your Account that we debited for the funds transfer. If this is unsuccessful (for example, the Eligible Transaction Account has been closed), we will make reasonable attempts to otherwise return the funds to you.
Stop Payment Requests. If you desire to stop any transfer that has already been processed, you must contact us as provided herein. Although we will make a reasonable effort to accommodate your request, we will have no liability for failing to do so. We may also require you to present your request in writing within fourteen (14) days. The charge for each request will be the current charge for stop payment orders as set out in our Fee Schedule.
External Transfer Service Fees and Additional Charges. You are responsible for paying all fees associated with your use of the External Transfer Service. Applicable fees will be disclosed in the user interface for, or elsewhere within, the External Transfer Service or Site. Any applicable fees will be charged regardless of whether the External Transfer Service was used, except for fees that are specifically use-based. Use-based fees for the External Transfer Service will be charged against the Account that is debited for the funds transfer. There may also be charges for additional transactions and other optional services. You agree to pay such charges and authorize us to deduct the calculated amount from the applicable Eligible Transaction Account you hold with us or the Account that is debited for the funds transfer, depending on how such charges are described in the user interface for the External Transfer Service. Any financial fees associated with your standard deposit accounts will continue to apply. You are responsible for any and all telephone access fees and Internet service fees that may be assessed by your telephone and Internet service provider. The "Failed Or Returned Payment Instructions" section of the General Terms applies if you do not pay our fees and charges for the External Transfer Service, including, without limitation, if we debit the External Account for such fees, as described in this section, and there are insufficient fees in the External Account, and it should be interpreted as applying to the External Account, not just the Eligible Transaction Account, in such circumstances.
Refused Transfers. We reserve the right to refuse any transfer. We will notify you promptly if we decide to refuse to transfer funds. This notification is not required if you attempt to make a transfer that is not allowed under this Agreement.
Returned Transfers. In using the External Transfer Service, you understand that transfers may be returned for various reasons such as, but not limited to, the External Account number is not valid. We will use reasonable efforts to research and correct the transfer to the intended Account or void the transfer and credit your Account from which you attempted to transfer funds. You may receive notification from us.
Description. You may use Digital Banking to receive and pay bills, schedule recurring payments, and track your payment history ("Bill Payment Service"). The Bill Payment Service includes (i) online bill payment, which enables you to receive, view, and pay bills from the Site, and (ii) electronic bill delivery and presentment, which electronically presents you with electronic bills from select Billers. To access the Bill Payment Service, you will need to sign on to Digital Banking using your Digital Banking User ID and password, and then click on the Payments tab on the navigation bar. From there the system will link you to the Bill Payment Service.
Bill Payment Service. The following terms and conditions apply to the Bill Payment Service:
Payment Scheduling. The earliest possible Scheduled Payment Date for each Biller will be designated within the portion of the Site through which the Bill Payment Service is offered when you are scheduling the payment. Therefore, the Bill Payment Service will not permit you to select a Scheduled Payment Date less than the earliest possible Scheduled Payment Date designated for each Biller. When scheduling payments you must select a Scheduled Payment Date that is no later than the actual Due Date reflected on your Biller statement unless the Due Date falls on a non-Business Day. If the actual Due Date falls on a non-Business Day, you must select a Scheduled Payment Date that is at least one (1) Business Day before the actual Due Date. Scheduled Payment Dates must be prior to any late date or grace period. Depending on the method of payment, your Eligible Transaction Account may be debited prior to the Scheduled Payment Date. For example, if the selected method of payment is a draft, the draft arrives earlier than the Scheduled Payment Date due to expedited delivery by the postal service, and the Biller immediately deposits the draft, your Eligible Transaction Account may be debited earlier than the Scheduled Payment Date.
Bill Payment Service Guarantee. Due to circumstances beyond the control of the Bill Payment Service, particularly delays in handling and posting payments by Billers or financial institutions, some transactions may take longer to be credited to your Account. The Bill Payment Service will bear responsibility for any late payment related charges up to $50.00 should a payment post after its Due Date as long as the payment was scheduled in accordance with the "Payment Scheduling" section above.
Payment Authorization and Payment Remittance. By providing the Bill Payment Service with names and account information of Billers to whom you wish to direct payments, you authorize the Bill Payment Service to follow the Payment Instructions that it receives through the Site. In order to process payments more efficiently and effectively, the Bill Payment Service may edit or alter payment data or data formats in accordance with Biller directives.
When the Bill Payment Service receives a Payment Instruction, you authorize the Bill Payment Service to debit your Eligible Transaction Account and remit funds on your behalf so that the funds arrive as close as reasonably possible to the Scheduled Payment Date designated by you. You also authorize the Bill Payment Service to credit your Eligible Transaction Account for payments returned to the Bill Payment Service by the United States Postal Service ("USPS") or Biller, or payments remitted to you on behalf of another authorized user of the Bill Payment Service.
We will attempt to make all your payments through the Bill Payment Service properly. However, we shall incur no liability and any Bill Payment Service Guarantee (as described above) shall be void if we are unable to complete any payments initiated by you through the Bill Payment Service because of the existence of any one or more of the circumstances described in the "Our Liability" subsection within the Electronic Fund Transfers section above.
Provided none of the foregoing exceptions are applicable, if the Bill Payment Service causes an incorrect amount of funds to be removed from your Eligible Transaction Account or causes funds from your Eligible Transaction Account to be directed to a Biller which does not comply with your Payment Instructions, we shall be responsible for returning the improperly transferred funds to your Eligible Transaction Account, directing to the proper Biller any previously misdirected transactions, and, if applicable, for any late payment related charges.
Payment Cancellation Requests. You may cancel or edit any Scheduled Payment (including recurring payments) by following the directions within the portion of the Site through which the Bill Payment Service is offered. There is no charge for canceling or editing a Scheduled Payment. Once the Bill Payment Service has begun processing a payment, it cannot be cancelled or edited, and a stop payment request must be submitted.
Stop Payment Requests. Our ability to process a stop payment request for the Bill Payment Service will depend on the payment method and whether or not a check has cleared. We also may not have a reasonable opportunity to act on any stop payment request after a payment has been processed. If you desire to stop any payment that has already been processed, you must contact our Member Service Contact Center as set forth herein. Although we will attempt to accommodate your request, we will have no liability for failing to do so. We also may require you to present your request in writing within fourteen (14) days. The charge for each stop payment request will be the current charge for stop payment orders as set out in our Fee Schedule.
Exception Payment Requests. Exception Payments may be scheduled through the Bill Payment Service; however, Exception Payments are discouraged and must be scheduled at your own risk. Except as required by applicable law, in no event shall the Bill Payment Service be liable for any claims or damages resulting from your scheduling of Exception Payments. The Bill Payment Service Guarantee does not apply to Exception Payments.
Payment Methods. We reserve the right to select the method in which to remit funds on your behalf to your Biller. These payment methods may include, but may not be limited to, an electronic payment, an electronic to check payment, or a laser draft payment (funds remitted to the Biller are deducted from your Payment Account when the laser draft is presented to your financial institution for payment).
Electronic Bill Delivery and Presentment. The Bill Payment Service includes a feature that electronically presents you with electronic bills from select Billers. Electronic bills may not be available from all of your Billers. Electronic bills are provided as a convenience only, and you remain solely responsible for contacting your Billers directly if you do not receive their statements. This Agreement does not alter your liability or obligations that currently exist between you and your Billers. If you activate one of the Bill Payment Service"s electronic bill options, you agree to the following terms:
Presentation of Electronic Bills. You will receive electronic bills from a Biller only if both (i) you have designated it in the Bill Payment Service as one of your Billers, and (ii) the Biller has arranged with our Service Provider to deliver electronic bills. The Bill Payment Service may then present you with electronic bills from that Biller if either: (x) you affirmatively elect online within the Bill Payment Service to receive electronic bills from the Biller, or (y) the Biller chooses to send you electronic bills on a temporary "trial basis." In either case, you can elect online within the Bill Payment Service to stop receiving electronic bills from a Biller. Electing to receive electronic bills, automatically receiving trial electronic bills, and declining further elected or trial electronic bills all occur on an individual Biller basis. The Bill Payment Service does not include an option to prevent you from participating in the automatic trial electronic bill feature. When affirmatively electing to receive electronic bills from a particular Biller, you may be presented with terms from that Biller for your acceptance. We are not a party to such terms.
Paper Copies of Electronic Bills. If you start receiving electronic bills from a Biller, the Biller may stop sending you paper or other statements. The ability to receive a paper copy of your statement(s) is at the sole discretion of the Biller. Check with the individual Biller regarding your ability to obtain paper copies of electronic bills on a regular or as-requested basis.
Sharing Information with Billers. You authorize us to share identifying personal information about you (such as name, address, telephone number, Biller account number) with companies that you have identified as your Billers and which we have identified as offering electronic bills for purposes of matching your identity on the Bill Payment Service"s records and the Biller"s records to (i) activate your affirmative request for electronic bills, and/or (ii) confirm your eligibility for "trial basis" electronic bills.
Information Held by the Biller. We are unable to update or change your personal information such as, but not limited to, name, address, phone numbers and email addresses, that is held by the Biller. Any changes will require you to contact the Biller directly. Additionally it is your responsibility to maintain all usernames and passwords for all electronic Biller sites. You also agree not to use someone else"s information to gain unauthorized access to another person"s bill. We may, at the request of the Biller, provide to the Biller your email address, service address, or other data specifically requested by the Biller for purposes of the Biller matching your identity against its records or informing you about the Biller"s services and/or bill information.
Activation. Upon activation of the electronic bill feature of the Bill Payment Service, we will notify the Biller of your request to receive electronic billing information. The presentment of your first electronic bill may vary from Biller to Biller and may take up to sixty (60) days, depending on the billing cycle of each Biller. Additionally, the ability to receive a paper copy of your statement(s) is at the sole discretion of the Biller. It is your responsibility to keep your accounts current while your electronic bill feature is being activated. Each electronic Biller reserves the right to accept or deny your request to receive electronic bills.
Authorization to Obtain Bill Data. Your activation of the electronic bill feature for a Biller shall be deemed to be your authorization for us to obtain bill data from the Biller on your behalf. For some Billers, you will be asked to provide us with your user name and password for that Biller. By providing us with such information, you authorize us to use the information to obtain your bill data.
Notification. We will attempt to present all of your electronic bills promptly. In addition to notification within the Bill Payment Service, we may send an email notification to the email address listed for your account. It is your sole responsibility to ensure that this information is accurate. In the event you do not receive notification, it is your responsibility to periodically log on to the Bill Payment Service and check on the delivery of new electronic bills. The time for notification may vary from Biller to Biller. You agree to hold us harmless should the Biller fail to deliver your statement(s). You are responsible for ensuring timely payment of all bills. Copies of previously delivered bills must be requested from the Biller directly.
Cancellation of Electronic Bill Notification. The electronic Biller reserves the right to cancel the presentment of electronic bills at any time. You may also cancel electronic bill presentment at any time. The time frame for cancellation of your electronic bill presentment may vary from Biller to Biller. It may take up to sixty (60) days, depending on the billing cycle of each Biller. We will notify your electronic Biller(s) as to the change in status of your account and it is your sole responsibility to make arrangements for an alternative form of bill delivery. We will not be responsible for presenting any electronic bills that are already in process at the time of cancellation.
Accuracy and Dispute of Electronic Bill. We are not responsible for the accuracy of your electronic bill(s). We are only responsible for presenting the information we receive from the Biller. Any discrepancies or disputes regarding the accuracy of your electronic bill summary or detail must be directly addressed and resolved with the Biller directly by you. This Agreement does not alter your liability or obligations that currently exist between you and your Billers.
Fees and Additional Charges. You are responsible for paying all fees associated with your use of the Bill Payment Service. Applicable fees will be disclosed in the user interface for, or elsewhere within, the Bill Payment Service or Site. Any applicable fees will be charged regardless of whether the Bill Payment Service was used, except for fees that are specifically use-based. Use-based fees for the Bill Payment Service will be charged against the Billing Account. There may also be charges for additional transactions and other optional services. You agree to pay such charges and authorize us to deduct the calculated amount from your designated Billing Account. Any financial fees associated with your standard deposit accounts will continue to apply. The "Failed or Returned Payment Instructions" section of the General Terms below applies if you do not pay our fees and charges for the Bill Payment Service, including, without limitation, if we debit the Billing Account for such fees, as described in this section, and there are insufficient fees in the Billing Account.
Biller Limitation. The Bill Payment Service reserves the right to refuse to pay any Biller to whom you may direct a payment, including, without limitation, if it appears to be a prohibited payment or an Exception Payment under this Agreement. As required by applicable law, the Bill Payment Service will notify you promptly if it decides to refuse to pay a Biller designated by you.
Returned Payments. In using the Bill Payment Service, you understand that Billers and/or the USPS may return payments to the Bill Payment Service for various reasons such as, but not limited to, Biller"s forwarding address expired; Biller account number is not valid; Biller is unable to locate account; or Biller account is paid in full. The Service Provider will attempt to research and correct the returned payment and return it to your Biller, or void the payment and credit your Eligible Transaction Account. You may receive notification from the Bill Payment Service.
Information Authorization. In addition to the "Information Authorization" section of the General Terms below, you agree that the Bill Payment Service reserves the right to obtain financial information regarding your account from a Biller or your financial institution (for example, to resolve payment posting problems or for verification).
Payment Authorization and Payment Remittance. By providing us with names and telephone numbers, email addresses, and/or bank account information of Receivers to whom you wish to direct payments, you authorize us to follow the Payment Instructions that we receive through the Popmoney Payment Service. Once registered, you authorize us to credit your Eligible Transaction Account for payments remitted to you on behalf of a Sender without further approval from you.
When we receive a Payment Instruction from you, you authorize us to debit your Eligible Transaction Account for the amount of any such Payment Instruction plus any related fees in effect (and as disclosed on the Site) at the time you initiate the Payment Instruction, and to remit funds on your behalf. You acknowledge and agree that any applicable fees will be charged when we receive a Payment Instruction from you, regardless of whether the Payment Instruction is ultimately completed. You also authorize us to credit your Eligible Transaction Account for the receipt of payments, including but not limited to those payments returned to us from Receivers to whom you sent payment(s) and those payments that were cancelled and returned to you because the processing of the Payment Instruction could not be completed.
You acknowledge and agree that if your Payment Instructions identify an account by name and account number, the relevant financial institution may execute those Payment Instructions by reference to the account number only, even if such account number does not correspond to the account name. You further acknowledge and agree that financial institutions holding the account may choose to not investigate discrepancies between account names and account numbers. We have no responsibility to investigate discrepancies between account names and account numbers, outside of our obligations under the law to investigate errors described above. You agree that we will not be liable in any way for any payments that you may receive, regardless of whether you authorized the Sender to send them to you.
We will use reasonable efforts to complete all your Payment Instructions properly. However, we shall incur no liability if we are unable to complete any transaction because of the existence of any one or more of the circumstances described in the "Our Liability" subsection within the Electronic Fund Transfers section above, or if the payment is refused as described in the "Payment Cancellation, Stop Payment Requests and Refused Payments" section below.
It is the responsibility of the Sender and the Receiver to ensure the accuracy of any information that they enter into the Popmoney Payment Service (including, but not limited to, the Payment Instructions and name, telephone number and/or email address for the Receiver to whom you are attempting to send a payment), and for informing us as soon as possible if they become aware that this information is inaccurate. We will make a reasonable effort to stop or recover a payment made to the wrong person or entity once informed, but we do not guarantee such stoppage or recovery and will bear no responsibility or liability for damages resulting from incorrect information entered by the Sender or Receiver.
Initiation of Payment Instructions. You may initiate (a) a one-time Payment Instruction to a Receiver for which processing shall be initiated immediately, (b) a one-time Payment Instruction to a Receiver for which processing shall be initiated at a later specified date up to one (1) year, and (c) a recurring series of Payment Instructions to a Receiver for which processing shall be initiated on the specified dates. Further details about each of these options can be found on the Site. Payment Instructions initiated to Receivers are processed in one of two ways. You can provide all the required information about the Receiver, including his/her Eligible Transaction Account, necessary to complete a transfer of funds. Alternatively, you can provide contact information about the Receiver (including an email address and/or mobile telephone number), and the Popmoney Payment Service may contact the Receiver and request that the Receiver (i) provide information so that we may validate the identity of the Receiver at the Popmoney Website and then (ii) provide Eligible Transaction Account information in order to complete the Payment Instruction (a "Two-Step Transfer"). If the Receiver maintains an Eligible Transaction Account with an institution that participates in or offers the Popmoney Payment Service, the Receiver may access the Popmoney Payment Service at his or her financial institution"s website or mobile application to complete the Payment Instruction and receive the payment.
You understand and agree that when you initiate a Payment Instruction from an Eligible Transaction Account using the Popmoney Payment Service, the processing of the Payment Instruction will begin and the debiting of your Eligible Transaction Account will occur as early as the day of such initiation. The payment funds will be transferred into the Receiver"s Eligible Transaction Account no earlier than the next Business Day after you initiated the Payment Instruction. If you request a one-time Payment Instruction to be initiated on a specified date or a recurring series of Payment Instructions to be initiated on specified dates, then the processing of the Payment Instruction will begin on the specified date and the debiting of your Eligible Transaction Account will occur as early as the specified date(s). The payment funds will be transferred into the Receiver"s Eligible Transaction Account no earlier than the next Business Day following the specified date. In addition, in the case of all Two-Step Transfers, the deposit of the payment funds into the Receiver"s Eligible Transaction Account (even if debited or withdrawn from your Eligible Transaction Account) may be delayed if the Receiver has not provided the Popmoney Payment Service with certain required information such as his or her Eligible Transaction Account information. The Site may contain additional information regarding the delivery of a payment to an Eligible Transaction Account.
You acknowledge and agree that we will begin to process the requested transfer of funds once the Receiver has provided (or we otherwise obtain) all required information, and you hereby authorize and direct us to retain such funds until the earlier of such time as the Receiver has provided (or we otherwise obtain) all required information or ten (10) Business Days. You further acknowledge and agree that our receipt of money to be transmitted to a Receiver shall not be deemed to have occurred and our obligation to complete a Payment Instruction shall not begin until such time as the Receiver provides us with (or we otherwise obtain) all required information necessary to process the related Payment Instruction in accordance with this Agreement. Any cancellation of a Payment Instruction prior to the Receiver providing us with such information shall be subject to the provisions of the "Payment Cancellation, Stop Payment Requests and Refused Payments" section below.
Receiving Payments. If another person wants to initiate a Payment Instruction (including in response to a Popmoney Request, if applicable) using the Popmoney Payment Service to an Eligible Transaction Account you hold or, as applicable, if you as a Requestor want to initiate a Popmoney Request, he, she or you can do that from the Site or from an Eligible Transaction Account at a financial institution that participates in the Popmoney Payment Service or at the Popmoney Website.
You understand and agree that there may be a delay between the time you are notified of the pending Payment Instruction and the deposit of the payment funds into your Eligible Transaction Account, and you may be required to take additional steps to facilitate the deposit of the payment of funds into your Eligible Transaction Account. You authorize the Sender, the financial institution which holds the Sender"s Eligible Transaction Account and us (including through the Site) to send emails to you and text messages to your mobile phone in connection with the Sender"s initiation of Payment Instructions to you, and, as a Receiver, you may also receive Popmoney Requests from others through the Popmoney Payment Service.
You acknowledge and agree that in the event that funds are transferred into your Eligible Transaction Account as a result of a Payment Instruction and it is determined that such transfer was improper because it was not authorized by the Sender, because there were not sufficient funds in the Sender"s account, or for any other reason, then you hereby authorize us or our Service Provider to withdraw from your Eligible Transaction Account an amount equal to the amount of funds improperly transferred to you.
If applicable, if you as a Requestor initiate a Popmoney Request using the Popmoney Payment Service, you acknowledge and agree that, as disclosed on the Site, (a) the applicable service fee will be deducted from payments received by you from a Sender(s), and (b) no service fee will be charged if you as the Requestor do not receive any payments from the individuals to whom the Popmoney Request is sent. Further details about the foregoing can be found on the Site. You acknowledge and agree that individuals to whom you send a Popmoney Request may not receive, or otherwise may reject or ignore, your Popmoney Request. We do not guarantee that you will receive any payments from individuals by initiating a Popmoney Request.
Payment Cancellation, Stop Payment Requests and Refused Payments. Sender may cancel the initiation of a Payment Instruction or stop a Payment Instruction at any time until the processing of the Payment Instruction into the Receiver"s Eligible Transaction Account has begun. Our ability to stop a Payment Instruction or recover funds associated with an unauthorized Payment Instruction will depend on the manner in which the Payment Instruction was initiated, and whether the Payment Instruction to the Receiver"s Eligible Transaction Account has begun processing. Although we will make a reasonable effort to accommodate a stop payment request and to recover funds associated with an unauthorized Payment Instruction, we will have no liability for failing to do so. We may also require you to present your stop payment request or request to recover funds in writing within fourteen (14) days after contacting our Member Service Contact Center. If we charge you to stop the payment or recover funds, then the charge for each stop payment or fund recovery request will be the current charge as set out in our Fee Schedule. Payments not claimed by a Receiver will be automatically cancelled ten (10) days after the processing of the payment begins. When a Sender initiates a Payment Instruction, the Receiver is not required to accept the payment. You agree that you as a Sender will not hold us liable for any damages resulting from a Receiver"s decision to accept or not to accept a Payment Instruction initiated or attempted through the Popmoney Payment Service. We will, to the extent permitted by law, make reasonable attempts to return any unclaimed, refused, refunded, prohibited, or denied payment to your Eligible Transaction Account or use other reasonable efforts to return such payment to you as permitted by law.
Mobile Phone Users. Your phone service provider is not the provider of the Popmoney Payment Service. Users of the Popmoney Payment Service will receive text messages relating to their Payment Instructions and other notices from time to time if a mobile phone number is provided. Data and messaging charges from your telecommunications provider may apply, and you are responsible for any such charges. In the event your enrolled mobile device is lost or stolen, you agree to update your enrollment information and make the appropriate changes to disable the use of such device. You understand that there are risks associated with using a mobile device, and that in the event of theft or loss, your confidential information could be compromised. If you have questions about mobile service for the Popmoney Payment Service, you may send a text message with the word "HELP" to this number: 767666. To stop receiving text messages on your mobile phone of the Popmoney Payment Service, text "STOP" to this number: 767666.
Popmoney Payment Service Fees and Additional Charges. You are responsible for paying all fees associated with your use of the Popmoney Payment Service. Applicable fees will be disclosed in the user interface for, or elsewhere within, the Popmoney Payment Service or Site. YOU FURTHER ACKNOWLEDGE AND AGREE THAT ANY APPLICABLE FEES WILL BE CHARGED REGARDLESS OF WHETHER THE PAYMENT INSTRUCTION IS COMPLETED, UNLESS THE FAILURE TO COMPLETE THE INSTRUCTION IS SOLELY DUE TO OUR FAULT, except for those fees that are specifically use-based, such as Popmoney Requests, if applicable. There may be a charge for additional transactions and other optional services. You agree to pay such charges and authorize us to deduct the calculated amount from your designated Eligible Transaction Account for these amounts and any additional charges that may be incurred by you. Any financial fees associated with your standard deposit accounts (or other Eligible Transaction Accounts) will continue to apply. You are responsible for any and all telephone access fees and Internet service fees that may be assessed by your telephone and Internet service provider. The "Failed Or Returned Payment Instructions" section of the General Terms below applies if you do not pay our fees and charges for the Popmoney Payment Service, including, without limitation, if we debit the Eligible Transaction Account for such fees, as described in this section, and there are insufficient fees in the Eligible Transaction Account.
Refused Payments. We reserve the right to refuse to pay any Receiver. We will attempt to notify the Sender promptly if we decide to refuse to pay a Receiver designated by the Sender.
Returned Payments. In using the Popmoney Payment Service, you understand that Receivers may reject Payment Instructions or otherwise return payments. We will use reasonable efforts to complete Payment Instructions initiated through the Popmoney Payment Service.
Payment Methods. We may, in our sole discretion, impose limits on the amount of money sent or received through the Popmoney Payment Service. We also reserve the right to select the method in which to remit funds on the Sender"s behalf, and the method to return funds to the Sender in the event that the Receiver"s Transaction Account is closed or otherwise unavailable to us. These payment methods may include, but may not be limited to, an electronic payment or an electronic to check payment.
Description. Mobile Banking is offered as a convenience and supplemental service to Online Banking. It is not intended to replace access to Online Banking from your personal computer or other methods you use for managing your accounts and services with us. Mobile Banking allows you to access your account information, make payments, transfer funds and conduct other banking transactions from your mobile device. To utilize Mobile Banking, you must be enrolled in Digital Banking and download an Android™, iPhone® or iPad® application on your mobile device. We reserve the right to limit the types and number of accounts eligible and the right to refuse to make any transaction you request through Mobile Banking.
We may modify Mobile Banking from time to time in our sole discretion. In the event of any modifications, you are responsible for making sure you understand how to use Mobile Banking as modified. You also accept responsibility for making sure that you know how to properly use your mobile device. We will not be liable to you for any losses caused by your failure to properly use Mobile Banking or your mobile device.
System Availability. Mobile Banking may not be accessible or may have limited service over some network carriers. Mobile Banking also may not be supported on all mobile devices. We cannot guarantee and are not responsible for the availability of data services provided by your mobile carrier, such as data outages or "out of network" issues.
Other Agreements. You agree that, when you use Mobile Banking, you remain subject to the terms and conditions set forth in this Agreement as well as those terms and conditions in effect 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 provide for 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). You also 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, and you also agree to resolve any issues or problems you may have with your provider directly with the provider without involving us. You agree to review your account disclosures carefully, as they may include transaction limitations and fees which may apply to your use of Mobile Banking.
Equipment and Software. We do not guarantee that your mobile device or mobile phone service provider will be compatible with Mobile Banking. To use Text Banking, you must have a mobile device with text messaging service. To use Android™, iPhone® or iPad® applications, your device must have a data plan and/or be able to access the Internet. For app banking on Android devices, members must download and successfully install the Golden 1 Mobile App from Google Play™. For app banking on iPhone or iPad devices, members must download and successfully install the Golden 1 Mobile App from the App Store®. To use the mobile website, you must have a mobile device with an Internet browser, a data plan and/or the device must be able to access the Internet. Mobile devices with Internet capabilities may be susceptible to viruses, worms, Trojan horses or other similar harmful components (collectively, "viruses"). You are responsible to ensure that your mobile device is protected from and free of viruses, which could result in damage to programs, files and/or your mobile device, or in information being intercepted by a third party. We will not be responsible or liable for any indirect, incidental, special or consequential damages which may result from such viruses. We also will not be responsible if any non-public personal information is accessed via Mobile Banking due to any viruses residing or being contracted by your mobile device at any time or from any source. We are not responsible for errors or delays or your inability to access Mobile Banking caused by your mobile device. We are not responsible for the cost of upgrading the mobile device to remain current with Mobile Banking. We are not responsible for any damage to the mobile device or the data within.
Exclusive Remedy for Mobile Banking. IF YOU ARE DISSATISFIED WITH ANY ASPECT OF MOBILE BANKING OR THE CONTENT AVAILABLE THROUGH MOBILE BANKING, OR IF YOU HAVE EXPERIENCED ANY PROBLEMS WITH MOBILE BANKING, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING MOBILE BANKING. PLEASE BE AWARE THAT BECAUSE OF THE NATURE OF THE INTERNET AND WIRELESS COMMUNICATIONS, PRIVACY IN YOUR COMMUNICATIONS CANNOT BE GUARANTEED, AND YOU SHOULD CONSIDER THIS FACT BEFORE TRANSMITTING CONFIDENTIAL INFORMATION OR ANY OTHER INFORMATION THROUGH MOBILE BANKING.
Description. We offer the Mobile Deposit Service for the conversion of Checks to Imaged Items, which enables members to electronically transmit images of paper checks to us for processing and provisional deposit into a Golden 1 checking or savings account. All references within this section to an "Account" refer to the checking or savings account maintained at Golden 1 used for the Mobile Deposit Service. To enroll in the Mobile Deposit Service, you must be a member of Golden 1 and have an Account in good standing that is eligible for the Mobile Deposit Service. We will determine whether you are eligible for the Mobile Deposit Service in our sole discretion. You will capture digitized images of Checks using equipment or a Supported Mobile Device which will ensure that the scanned checks are compatible with the Mobile Deposit Service. You shall transmit electronic images of your scanned checks to us as provided in the Deposit Instructions.
To be eligible for the Mobile Deposit Service, you are required to maintain one or more Accounts in good standing in accordance with the requirements of the Disclosure of Account Information and all applicable Account agreements for the receipt of deposits. You will only submit Items for processing to us that meet the definition of "Item" below and will ensure the Items scanned meet the industry file format standard for image quality, or other standards established by us, regulatory agency, clearing house, association, or applicable law. The image of any Item must be legible.
You will not process any Non-Qualifying Items. The processing of any Non-Qualifying Items by us shall not constitute a waiver by us or obligate us to process such Non-Qualifying Items in the future. We may discontinue processing of Non-Qualifying Items at any time, without cause or prior notice.
You will only use the Mobile Deposit Service for your own purposes in accordance with the terms and conditions set forth in this section ("Mobile Deposit Terms and Conditions"). The Mobile Deposit Service will not be used on behalf of any business, corporation, proprietorship or other business entity, or for any business purpose.
You will not attempt to scan and transmit to us any previously truncated and reconverted Substitute Check. Any previously truncated and reconverted Substitute Check must be physically deposited with us. Notwithstanding the foregoing, we may redeposit any returned Substitute Check or Image Exchange Item consistent with the terms of these Mobile Deposit Terms and Conditions.
You will (i) ensure Items are restrictively endorsed or otherwise processed to permit only financial institutions to acquire rights of a holder in due course in the collection process of Items, (ii) handle, process, maintain and destroy Original Checks as set forth herein and in the Deposit Instructions, and (iii) ensure no financial institution (depositary, collecting or payor), drawee, drawer or endorser receives presentment or return of, or otherwise is charged for an Item more than once in any form. You agree to use the Mobile Deposit Service, including the entering, processing and transmittal of Imaged Items, in accordance with the Deposit Instructions.
You will provide, at your own expense, a Supported Mobile Device with a data plan permitting an Internet connection and web access issued through a wireless carrier, and install the corresponding Mobile Application for the particular Supported Mobile Device. You will provide, or obtain from another party selected by you at your expense, support and maintenance of the Internet connection and web access and all other requirements required to use the Mobile Deposit Service, including, without limitation, troubleshooting Internet or wireless connectivity issues with your mobile carrier, and we will not be responsible therefor.
You understand and acknowledge that transmitting an Item does not mean we received the Item. You shall be responsible for verifying our receipt of your transmission(s) by verifying that deposits have been posted to the appropriate Accounts, in addition to cooperating in any investigation and resolving any unsuccessful or lost transmission with us. We are not responsible for Items we do not receive or for images dropped during transmission.
You shall exercise due care in preserving the confidentiality of any user identification, password, test key, or other code or authentication method provided by us or otherwise required for use of the Mobile Deposit Service and shall further prevent the use of the Mobile Deposit Service by unauthorized persons. You assume full responsibility for the consequences of any missing or unauthorized use of or access to the Mobile Deposit Service or disclosure of any Confidential Information or instructions by you and your agents.
You will retain each Original Check in accordance with the Deposit Instructions. If not directed otherwise by us, you will store Original Checks in a safe and secure environment for a minimum of five (5) Business Days, but no longer than ninety (90) days after such Item has been digitized and processed. You shall take appropriate security measures to ensure: (a) only you have access to Original Checks, and (b) the information contained on such Original Checks or on any corresponding Imaged Items is not disclosed to third parties. You will promptly (but in any event within five (5) Business Days) provide any retained Original Check to us as requested to aid in the clearing and collection process. You will use a secure and irretrievable method, which is consistent with our requirements, to destroy Original Checks after the applicable retention period has expired.
You understand and agree an Item not paid by a Payor Financial Institution, or otherwise returned for any reason, will be returned to you and your Account will be charged for the amount of the Item plus any associated fee as disclosed in our Fee Schedule. Our right to charge your Account will apply without regard to whether the Item is timely returned to us or whether there is any other claim or defense the Item has been improperly returned to us.
You represent, agree and warrant to us (except as otherwise specifically disclosed in writing to us) that you are not now engaged, and will not during the term of these Mobile Deposit Terms and Conditions, engage in any business resulting in you being or becoming a "money service business" as defined in the federal Bank Secrecy Act and its implementing regulations. You will not engage in any illegal, fraudulent or gambling activity directly or indirectly related to the use of the Mobile Deposit Service.
You will install all software related to the Mobile Deposit Service in accordance with any instructions from us, and will install and implement any changes and upgrades to the software related to the Mobile Deposit Service as we may require from time to time.
You agree to maintain reasonable network and device security. You further agree to maintain network security that conforms to generally recognized information security industry standards and best practices. You understand that your failure to maintain reasonable network and device security may allow an unauthorized party to access the Mobile Deposit Service and transmit an Item for deposit. All uses of the Mobile Deposit Service through your security credentials will be deemed to be uses authorized by you and be binding upon you. You assume the entire risk for the fraudulent or unauthorized use of your security credentials. You agree to notify us immediately if you become aware of any loss or theft of, or any unauthorized use of the Mobile Deposit Service.
We reserve the right to impose the limitations on the amount(s) and number of deposits that you may transmit using the Mobile Deposit Service and to modify such limitations from time to time. You will not electronically present items exceeding the limitations established by us for the Mobile Deposit Service, in our sole discretion. You acknowledge that we may reject any items exceeding our limitations. If we accept an Item exceeding these limitations, that acceptance shall not constitute a waiver by us or obligate us to accept items exceeding the limitations in the future.
Mobile Deposit Service. Subject to subsection 6(b) below, your Account will be provisionally credited upon our verification of Imaged Items for deposit which are received by us from you through the Mobile Deposit Service. You will create images of Checks through the use of a Supported Mobile Device. You will enter all amounts and any other required information correctly. The Imaged Items will be transmitted by you to us through the Mobile Application for the Mobile Deposit Service. You will maintain the appropriate Account with us for you to receive credit and provide other specific information required by us related to the Mobile Deposit Service. As set forth in subsection 6(b) below, all deposits received by us are accepted subject to verification and final inspection and may be rejected by us in our sole discretion. All deposits are subject to these Mobile Deposit Terms and Conditions.
Compliance with Law. You shall comply with all federal and state laws, rules, and regulations applicable to you and to the Mobile Deposit Service, including, but not limited to Regulation CC, the UCC, the Bank Secrecy Act, the USA PATRIOT Act, and any rules established by an image exchange network through which Image Exchange Items are processed pursuant to these Mobile Deposit Terms and Conditions.
Our Rights and Responsibilities.
For all Imaged Items processed by you pursuant to these Mobile Deposit Terms and Conditions, either (i) digitized images will be converted to Substitute Checks and presented for payment to established Endpoints, or (ii) Image Exchange Items will be presented for payment through image exchange networks. We may in our 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 Deposit Instructions and as otherwise established by us from time to time.
Unless otherwise agreed, we will process any returned Items in accordance with applicable laws and these Mobile Deposit Terms and Conditions.
We may, in our sole discretion, with or without cause, at any time and from time to time, refuse to process any Imaged Items. We may from time to time establish exposure limitations and assign them to you.
In addition to any other rights we may have regarding your Accounts, we may hold and use funds in any Account following termination of these Mobile Deposit Terms and Conditions for such time as we reasonably determine necessary to cover any loss, liability, cost, exposure or other action for which it may be responsible.
We shall be excused from failing to act or delay in acting if such failure or delay is caused by legal constraint, interruption of transmission, or communication facilities, equipment failure, war, emergency conditions or other circumstances beyond our control. In the event of any of the foregoing failures or delays, you acknowledge you may instead deposit directly with us any Original Items for processing and presentment provided such Original Items have not been previously imaged and processed in connection with the Mobile Deposit Service. In addition, we shall be excused from failing to transmit or delay in transmitting an Item for presentment if such transmittal would result in us having exceeded any limitation upon our intraday net funds position established pursuant to the Federal Reserve guidelines or if we are otherwise violating any provision of any risk control program of the Federal Reserve or any rule or regulation of any other U.S. governmental regulatory authority.
To secure all your obligations to us arising from these Mobile Deposit Terms and Conditions, you agree to grant to us a security interest in all your Accounts at Golden 1, all funds in those Accounts, all Items, whether now or hereafter established by or for your benefit at Golden 1, and all proceeds of the foregoing. Our security interest will survive after termination of these Mobile Deposit Terms and Conditions. This security interest is supplemental to and not in lieu of the security interest granted by you to us under any other agreement.
We may add, delete or change the features or functions of the Mobile Deposit Service at any time in its sole discretion. If we deem it reasonably practicable to do so and if the change adversely affects your usage of the Mobile Deposit Service, we will notify you of the change in advance. Otherwise, we will notify you of the change as soon as reasonably practicable after it is implemented, which notice may be given electronically. We may cause the Mobile Deposit Service to be temporarily unavailable to you, either with or without prior notice, for site maintenance, security or other reasons, and you acknowledge factors beyond our reasonable control, such as telecommunications failure or equipment failure, may also cause the Mobile Deposit Service to be unavailable. You may deposit Original Checks and other items to any Account at Golden 1 in person or in any other manner permitted by agreement between you and us, and you will be responsible for maintaining procedures to enable you to do so if the Mobile Deposit Service is unavailable.
We will provisionally accept for deposit to the designated Account Items that are transmitted to us in compliance with this Agreement. Items must be received in a form that is complete, usable, and adhere to the specifications of this Agreement. If the Items are not complete, distorted, altered or corrupted, or do not adhere to specifications, we may refuse to process them.
Processing Times and Funds Availability.
The Mobile Deposit Service is available for use 24 hours a day, seven days a week, except during maintenance periods, or such other hours as established by us from time to time. Items will be reviewed and posted within one Business Day. Items will not be considered "received" until after review and approval by Golden 1as set forth in subsections (b) and (c) below.
Imaged Items processed for deposit through the Mobile Deposit Service will be deemed to have been received by us for deposit at the time the Imaged Items are actually received and accepted at the location where Golden 1 or its designated agent posts the credit to the Account. A deposit of an Imaged Item will be deemed to have been received and accepted by us for deposit when all of the following have occurred: (i) we have preliminarily verified the image quality of the Imaged Items is acceptable to us in our discretion, all Item information is complete and the amount is accurate to the Item information; and (ii) we have successfully performed all further validation routines with respect to the deposit. Items will not be deemed deposited until after they are posted to your Account and visible through the online and mobile Account history. You agree that the transmitting of a check image to us using the Mobile Deposit Service does not constitute receipt by us. Notwithstanding the foregoing, Imaged Items received by us for deposit may be rejected by us in our sole discretion.
Funds deposited may not be available for immediate withdrawal. Availability of credit from Items processed under these Mobile Deposit Terms and Conditions will be subject to our availability schedule set forth in the Disclosure of Account Information provided to you, which may be amended by us as provided therein.
Items will be processed and ready for presentment by us after we receive all good digitized images and associated data for any given transmission from you. We will use commercially reasonable efforts to present Items for payment to the applicable Endpoint within a reasonable period of time following such receipt.
If under subsection (b) above an Imaged Item is not accepted for deposit, you may then submit the Original Check to us for processing or contact the maker to reissue the Check. If you submit the Original Check for processing, we reserve the right to refuse to process the Check for deposit and presentment to the Payor Financial Institution.
Your Representations and Warranties. You make the following representations and warranties with respect to each Item, including Non-Qualifying Items, processed by you pursuant to these Mobile Deposit Terms and Conditions:
The Imaged Item is a digitized image of the front and back of the Original Check and accurately represents all of the information on the front and back of the Original Check as of the time you converted the Original Check to an Imaged Item.
All encoding, transfer, presentment and other warranties made under applicable law as we are deemed to make under applicable law, including, without limitation, those under the UCC, Regulation CC and the rules of any image exchange network.
There will be no duplicate presentment of a Check in any form, including as a digitized image, as a paper negotiable instrument or otherwise, and you will be liable for and otherwise assume responsibility for any such duplicate presentment of any Check. You agree to indemnify and defend us against any and all claims, causes of action or demands arising out of or directly or indirectly related to the duplicate presentment of any Check.
You are in possession of the original Item.
The Item contains all necessary endorsements and all endorsements are authentic and for good title to the Item.
You have not and will not deposit original Item, unless we notify you that the original Item constitutes a Non-Qualifying Item or as otherwise provided herein.
You are entitled to enforce the Item.
The signatures on the Item are authentic.
The Item has not been altered or modified.
The Item is free of any virus or other defect that might affect a computer system into which it is received and opened.
You will use the Mobile Deposit Service only for Items that are payable to, and endorsed by you.
In using the Mobile Deposit Service, you will comply with these Mobile Deposit Terms and Conditions and all applicable rules, laws, and regulations.
Fees. We may charge a fee for the use of the Mobile Deposit Service. The applicable fees for the Mobile Deposit Service may be changed by us at our discretion at any time upon prior notice to you to the extent required by applicable law. You agree to pay all fees as set forth in the Fee Schedule.
Right to Audit. We may periodically audit and verify your compliance with these Mobile Deposit Terms and Conditions. You agree to cooperate and provide information or documents, at your expense, to us in the course of such audit.
TEXT BANKING & ALERTS SERVICES
Description. Your enrollment in Digital Banking Services includes access to a feature of Digital Banking that allows you to receive alerts ("Alerts") and mobile text messaging ("Text Banking"). By receiving or otherwise using Alerts and Text Banking, you agree to the following terms for these services. The Alerts and Text Banking are provided for your convenience and do not replace your monthly account statements, which are the official record of your accounts. You understand and agree these services may not be encrypted and may include personal or confidential information about you such as your account activity or the status of your account. You also understand that there may be a disruption in service when you change your communications service provider. Messages may be delayed or impacted by factor(s) pertaining to your Internet service provider(s), phone carriers, or other parties. We will not be liable for losses or damages arising in connection with Alerts or Text Banking, use thereof or reliance on any information contained therein, or any disclosure of account information to third parties, non-delivery, delayed delivery, misdirected delivery or mishandling of, or inaccurate content in, the messages sent through the Alerts and Text Banking.
We do not charge you a fee for Alerts or Text Banking, but you are responsible for any and all charges, including, but not limited to, fees associated with text messaging imposed by your communications service provider. Message and data rates may apply. Please note that text Alerts, Text Banking and related functionalities may not be available on all mobile devices or equipment or though all wireless carriers. Our participating carriers include (but are not limited to) AT&T, MetroPCS, SprintPCS, T-Mobile®, U.S. Cellular® and Verizon Wireless.
Alerts. The Digital Banking Alerts option found on the Site allows you to request and receive messages about your Account(s) and account transactions. You may receive Alerts via email and/or text messages. You may set up your Alert preferences that will determine, together with your account data, the frequency of Alerts delivered to you. You may select the type of Alerts, timing and delivery methods by logging into Digital Banking and updating your preferences. Each Alert will be effective after the setup of the appropriate alert parameters, and you may update your preferences or cancel your participation at any time. We reserve the right to terminate your use of Alerts at any time without notice.
You may be automatically enrolled to receive certain Alerts, such as security alerts, when you sign up for Digital Banking. For your protection, we will send you security alerts when certain activity occurs on your account. This includes, but is not limited to, sending you Alerts when your password, address or email address is changed online. You will receive these Alerts via email and/or text messages.
Text Banking. For your convenience, we offer Text Banking, a service that allows you to have mobile access to your account information, such as account balances and transaction history, over short message service (SMS), as well as the option to set up text message alerts for your accounts, such as low balance alerts. Text Banking is being provided to you for convenience purposes only. It does not change your payment or other obligations unless specifically stated otherwise. All terms and conditions of the Disclosure of Account Information apply to your use of Text Banking unless specifically modified by this Agreement.
Text Banking is only available to members who have an eligible account with us, and enrollment requires verification of your banking relationship with us as well as providing a mobile phone number. The mobile phone number"s verification is done by receiving an SMS message with a verification code which you will have to enter on the Site. Your message frequency is based on your account settings.
By providing us with a telephone number (including a mobile or cellular telephone) upon enrolling in Text Banking, you consent to receiving text messages from us at that number concerning your accounts and for certain related purposes consistent with any Text Banking request text sent by you. These purposes include providing you with an account balance, transaction history, and ATM or branch locations. For any text messages you authorize us to send to you, you consent to us or our agents texting you by any method at the phone number you provide, including by using AUTOMATIC TELEPHONE DIALING SYSTEM ("ATDS"). We will not use autodialed text messages to contact you for marketing purposes unless we receive your prior express written consent.
You may terminate your participation in Text Banking at any time. To do so, just send a text that says "STOP" to 41898. You will receive a one-time opt-out confirmation text message. After that, you will not receive any future messages. If you have any questions, please contact our Member Service Contact Center at 1-877-GOLDEN 1(1-877-465-3361) or visit golden1.com. For help, send a text message with the word "HELP" to 41898.
Service Providers. We are offering you Digital Banking Services through one or more Service Providers that we have engaged to render some or all of Digital Banking Services to you on our behalf. Notwithstanding that we have engaged such a Service Provider to render some or all Digital Banking Services to you, we are the sole party liable to you for any payments or transfers conducted using Digital Banking Services and we are solely responsible to you and any third party to the extent any liability attaches in connection with Digital Banking Services. You agree that we have the right under this Agreement to delegate to the Service Providers all of the rights and performance obligations that we have under this Agreement, and that the Service Providers will be third party beneficiaries of this Agreement and will be entitled to all the rights and protections that this Agreement provides to us.
Amendments. We may, from time to time, revise, update, upgrade or enhance any of Digital Banking Services and/or related applications or material, which may render all such prior versions obsolete. Consequently, we reserve the right to terminate this Agreement as to all such prior versions of Digital Banking Services, and/or related applications and material, and limit access only to the more recent revisions, updates, upgrades or enhancements of Digital Banking Services.
Our Relationship With You. We are an independent contractor for all purposes, except that we act as your agent with respect to the custody of your funds for Digital Banking Services. We do not have control of, or liability for, any products or services that are paid for with Digital Banking Services. We also do not guarantee the identity of any user of Digital Banking Services (including, but not limited to, recipients to whom you send payments).
Notices to Us. Except as otherwise stated herein, notice to us concerning the Site or Digital Banking Services must be sent by postal mail to Golden 1 Credit Union, P.O. Box 15966, Sacramento, CA 95852. We may also be reached at 1-877-GOLDEN 1(1-877-465-3361) for questions and other purposes concerning Digital Banking Services. Such telephone calls will not constitute legal notices under this Agreement unless otherwise provided herein.
Notices to You. You agree that we may provide notice to you by posting it on the Site, sending you an in-product message within Digital Banking Services, emailing it to an email address that you have provided us, mailing it to any postal address that you have provided us, or by sending it as a text message to any mobile phone number that you have provided us, including, but not limited to, the mobile phone number that you have listed in your Digital Banking profile. For example, users of Digital Banking Services may receive certain notices (such as notices of processed Payment Instructions, alerts for validation and notices of receipt of payments) as text messages on their mobile phones. All notices by any of these methods shall be deemed received by you no later than twenty-four (24) hours after they are sent or posted, except for notice by postal mail, which shall be deemed received by you no later than three (3) Business Days after it is mailed.
Prohibited Payments. The following types of payments are prohibited through Digital Banking Services, and we have the right but not the obligation to monitor for, block, cancel and/or reverse such payments:
Payments to or from persons or entities located in prohibited territories (including any territory outside of the United States);
Payments that violate any law, statute, ordinance or regulation;
Payments that violate the "Acceptable Use" terms set forth below;
Payments related to: (i) tobacco products, (ii) prescription drugs and devices; (iii) narcotics, steroids, controlled substances or other products that present a risk to consumer safety; (iv) drug paraphernalia; (v) ammunition, firearms, or firearm parts or related accessories; (vi) weapons or knives regulated under applicable law; (vii) goods or services that encourage, promote, facilitate or instruct others to engage in illegal activity; (viii) goods or services that are sexually oriented; (ix) goods or services that promote hate, violence, racial intolerance, or the financial exploitation of a crime; (x) goods or services that defame, abuse, harass or threaten others; (xi) goods or services that include any language or images that are bigoted, hateful, racially offensive, vulgar, obscene, indecent or discourteous; (xii) goods or services that advertise, sell to, or solicit others; or (xiii) goods or services that infringe or violate any copyright, trademark, right of publicity or privacy, or any other proprietary right under the laws of any jurisdiction;
Payments related to gambling, gaming and/or any other activity with an entry fee and a prize, including, but not limited to, casino games, sports betting, horse or dog racing, lottery tickets, other ventures that facilitate gambling, games of skill (whether or not it is legally defined as a lottery) and sweepstakes;
Payments relating to transactions that (i) support pyramid or ponzi schemes, matrix programs, other "get rich quick" schemes or multi-level marketing programs, (ii) are associated with purchases of real property, annuities or lottery contracts, lay-away systems, off-shore banking or transactions to finance or refinance debts funded by a credit card, (iii) are for the sale of items before the seller has control or possession of the item, (iv) constitute money-laundering or terrorist financing, (v) are associated with the following "money service business" activities: the sale of traveler"s checks or money orders, currency dealers or exchanges, or check cashing, or (vi) provide credit repair or debt settlement services; and
Tax payments and court ordered payments.
In addition to the above-referenced prohibited payments, we may also block and/or reverse payments that involve donations or payments to an unauthorized charity or non-profit organization, unless we have performed appropriate due diligence on and investigation of such charity or non-profit organization and have determined its legitimacy, in our sole discretion. Except as required by applicable law, in no event shall we or our Service Providers be liable for any claims or damages resulting from your scheduling of prohibited payments.
Acceptable Use. You agree that you are independently responsible for complying with all applicable laws in all of your activities related to your use of Digital Banking Services, regardless of the purpose of the use, and for all communications you send through Digital Banking Services. We and our Service Providers have the right but not the obligation to monitor and remove communications content that we find in our sole discretion to be objectionable in any way. In addition, you are prohibited from using Digital Banking Services for communications or activities that: (a) violate any law, statute, ordinance or regulation; (b) promote hate, violence, racial intolerance, or the financial exploitation of a crime; (c) defame, abuse, harass or threaten others; (d) include any language or images that are bigoted, hateful, racially offensive, vulgar, obscene, indecent or discourteous; (e) infringe or violate any copyright, trademark, right of publicity or privacy or any other proprietary right under the laws of any jurisdiction; (f) impose an unreasonable or disproportionately large load on our infrastructure; (g) facilitate any viruses, Trojan horses, worms or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information; (h) constitute use of any robot, spider, other automatic device, or manual process to monitor or copy the Service or the portion of the Site through which the Service is offered without our prior written permission; (i) constitute use of any device, software or routine to bypass technology protecting the Site or Service, or interfere or attempt to interfere, with the Site or the Service; or (j) may cause us or our Service Providers to lose any of the services from our Internet service providers, payment processors, or other vendors. We encourage you to provide notice to us by the methods described in the "Notices to Us" section above of any violations of the General Terms or the Agreement generally.
Payment Methods and Amounts. There may be limits on the amount of money you can send or receive through Digital Banking Services. Your limits may be adjusted from time-to-time at our sole discretion. You may log in to the Site to view your individual transaction limits. We or our Service Provider also reserve the right to select the method in which to remit funds on your behalf though the Service, and in the event that your Eligible Transaction Account is closed or otherwise unavailable to us, the method to return funds to you. These payment methods may include, but may not be limited to, an electronic debit, a paper check drawn on the account of our Service Provider, or draft drawn against your account.
Taxes. It is your responsibility to determine what, if any, taxes apply to the transactions you make or receive, and it is your responsibility to collect, report and remit the correct tax to the appropriate tax authority. We are not responsible for determining whether taxes apply to your transaction, or for collecting, reporting or remitting any taxes arising from any transaction.
Failed or Returned Payment Instructions. In using the Service, you are requesting that we or our Service Provider attempt to make payments for you from your Eligible Transaction Account. If the Payment Instruction cannot be completed for any reason associated with your Eligible Transaction Account (for example, there are insufficient funds in your Eligible Transaction Account, or the Payment Instruction would exceed the credit or overdraft protection limit of your Eligible Transaction Account, to cover the payment), the Payment Instruction may or may not be completed. In certain circumstances our Service Providers may either advance funds drawn on their corporate account or via an electronic debit, and in such circumstances will attempt to debit the Eligible Transaction Account a second time to complete the Payment Instruction. In some instances, you will receive a return notice from us or our Service Provider. In each such case, you agree that:
You will reimburse our Service Provider immediately upon demand the amount of the Payment Instruction if the payment has been delivered but there are insufficient funds in, or insufficient overdraft credits associated with, your Eligible Transaction Account to allow the debit processing to be completed;
You may be assessed a late fee equal to one and a half percent (1.5%) of any unpaid amounts plus costs of collection by our Service Providers or their third-party contractor if the Payment Instruction cannot be debited because you have insufficient funds in your Eligible Transaction Account, or the transaction would exceed the credit or overdraft protection limit of your Eligible Transaction Account, to cover the payment, or if the funds cannot otherwise be collected from you. The aforesaid amounts will be charged in addition to any nonsufficient funds charges that may be assessed by us, as set forth in our Fee Schedule (including as disclosed on the Site) or your account agreement with us. You hereby authorize us and our Service Provider to deduct all of these amounts from your designated Eligible Transaction Account, including by ACH debit; and
Service Provider is authorized to report the facts concerning the return to any credit reporting agency.
Address or Banking Changes. It is your sole responsibility and you agree to ensure that the contact information in your Digital Banking user profile is current and accurate. This includes, but is not limited to, name, physical address, phone numbers and email addresses. Depending on the Service, changes may be made either within the user interface of the Service or by contacting our Member Service Contact Center as set forth herein. We are not responsible for any payment processing errors or fees incurred if you do not provide accurate Eligible Transaction Account, Payment Instructions or contact information.
Intellectual Property. All marks and logos related to Digital Banking Services are either trademarks or registered trademarks of us or our licensors. In addition, all page headers, custom graphics, button icons, and scripts are our service marks, trademarks, and/or trade dress or those of our licensors. You may not copy, imitate, or use any of the above without our prior written consent, which we may withhold in our sole discretion, and you may not use them in a manner that is disparaging to us or Digital Banking Services or display them in any manner that implies our sponsorship or endorsement. All right, title and interest in and to Digital Banking Services, the portion of the Site through which Digital Banking Services are offered, the technology related to the Site and Digital Banking Services, and any and all technology and any content created or derived from any of the foregoing, is our exclusive property or that of our licensors. Moreover, any suggestions, ideas, notes, drawings, concepts, or other information you may send to us through or regarding the Site or Digital Banking Services shall be considered an uncompensated contribution of intellectual property to us and our licensors, shall also be deemed our and our licensors" exclusive intellectual property, and shall not be subject to any obligation of confidentiality on our part. By submitting any such materials to us, you automatically grant (or warrant that the owner of such materials has expressly granted) to us and our licensors a perpetual, royalty-free, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, publicly perform and display, create derivative works from and distribute such materials or incorporate such materials into any form, medium, or technology now known or later developed, and you warrant that all so-called "moral rights" in those materials have been waived, and you warrant that you have the right to make these warranties and transfers of rights.
Remedies. If we have reason to believe that you have engaged in any of the prohibited or unauthorized activities described in this Agreement or have otherwise breached your obligations under this Agreement, we may terminate, suspend or limit your access to or use of the Site or Digital Banking Services; notify law enforcement, regulatory authorities, impacted third parties, and others as we deem appropriate; refuse to provide our services to you in the future; and/or take legal action against you. In addition, we, in our sole discretion, reserve the right to terminate this Agreement, access to the Site and/or use of Digital Banking Services for any reason or no reason and at any time. The remedies contained in this section are cumulative and are in addition to the other rights and remedies available to us under this Agreement, by law or otherwise.
Disputes. In the event of a dispute regarding Digital Banking Services, you and we agree to resolve the dispute by looking to this Agreement.
Violations of this Agreement; Indemnification. Your access privileges are conditioned on your adherence to the terms of this Agreement. If you violate any of the terms of this Agreement, you agree that we may deny you access to the Site or any of Digital Banking Services. You agree to defend, indemnify and hold harmless us, our Service Providers and their Affiliates and the employees and contractors of each of these, from any loss, damage, claim or demand (including attorneys" fees) made or incurred by any third party due to or arising out of your breach of this Agreement and/or your use of the Site or the applicable Service. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, and such assumption will not relieve you of your indemnity obligations. If asked to do so, you agree that you will not attempt to access the Site.
Enforcement. You agree to be liable to us for any liability, loss, or expense as provided in this Agreement that we incur as a result of any dispute involving your accounts or Digital Banking Services. You authorize us to deduct any such liability, loss, or expense from your account without prior notice to you. In the event either party brings a legal action to enforce this Agreement or collect any overdrawn funds on accounts accessed under this Agreement, the prevailing party shall be entitled, subject to California law, to payment by the other party of its reasonable attorneys" fees and costs, including fees on any appeal, bankruptcy proceedings and any post-judgment collection actions, if applicable.
Release. You release us and our Service Providers and the employees and contractors of each of these, from any and all claims, demands and damages (actual and consequential) of every kind and nature arising out of or in any way connected with any dispute that may arise between you or one or more other users of the Site or the applicable Service. In addition, if applicable to you, you waive California Civil Code § 1542, which states that a general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if not known by him must have materially affected his settlement with the debtor.
Exclusion of Warranties. THE SITE AND DIGITAL BANKING SERVICES AND RELATED DOCUMENTATION ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. IN PARTICULAR, WE DO NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO ANY PART OF DIGITAL BANKING SERVICES, AND OPERATION OF OUR SITE MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE OF OUR CONTROL. SOME STATES DO NOT ALLOW THE DISCLAIMER OF CERTAIN IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU. THIS SECTION GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.
Limitation of Liability. THE FOREGOING SHALL CONSTITUTE YOUR EXCLUSIVE REMEDIES AND THE ENTIRE LIABILITY OF US AND OUR SERVICE PROVIDERS AND THE EMPLOYEES AND CONTRACTORS OF EACH OF THESE, FOR DIGITAL BANKING SERVICES AND THE PORTION OF THE SITE THROUGH WHICH DIGITAL BANKING SERVICES ARE OFFERED. YOU ACKNOWLEDGE AND AGREE THAT FROM TIME TO TIME, DIGITAL BANKING SERVICES MAY BE DELAYED, INTERRUPTED OR DISRUPTED PERIODICALLY FOR AN INDETERMINATE AMOUNT OF TIME DUE TO CIRCUMSTANCES BEYOND OUR REASONABLE CONTROL, INCLUDING, BUT NOT LIMITED TO, ANY INTERRUPTION, DISRUPTION OR FAILURE IN THE PROVISION OF DIGITAL BANKING SERVICES, WHETHER CAUSED BY STRIKES, POWER FAILURES, EQUIPMENT MALFUNCTIONS, INTERNET DISRUPTION OR OTHER REASONS. IN NO EVENT SHALL WE OR OUR SERVICE PROVIDERS OR THE EMPLOYEES OR CONTRACTORS OF ANY OF THESE, BE LIABLE FOR ANY CLAIM ARISING FROM OR RELATED TO DIGITAL BANKING SERVICES CAUSED BY OR ARISING OUT OF ANY SUCH DELAY, INTERRUPTION, DISRUPTION OR SIMILAR FAILURE. IN NO EVENT SHALL WE OR OUR SERVICE PROVIDERS OR THE EMPLOYEES OR CONTRACTORS OF ANY OF THESE, BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING LOSS OF GOODWILL OR LOST PROFITS (EVEN IF ADVISED OF THE POSSIBILITY THEREOF) ARISING IN ANY WAY OUT OF THE INSTALLATION, USE, OR MAINTENANCE OF DIGITAL BANKING SERVICES OR THE PORTION OF THE SITE THROUGH WHICH DIGITAL BANKING SERVICES ARE OFFERED, EVEN IF SUCH DAMAGES WERE REASONABLY FORESEEABLE AND NOTICE WAS GIVEN REGARDING THEM. IN NO EVENT SHALL WE OR OUR SERVICE PROVIDERS OR THE EMPLOYEES OR CONTRACTORS OF ANY OF THESE BE LIABLE FOR ANY CLAIM ARISING FROM OR RELATED TO DIGITAL BANKING SERVICES OR THE PORTION OF THE SITE THROUGH WHICH DIGITAL BANKING SERVICES ARE OFFERED THAT YOU DO NOT STATE IN WRITING IN A COMPLAINT FILED IN A COURT OR ARBITRATION PROCEEDING WITHIN TWO (2) YEARS OF THE DATE THAT THE EVENT GIVING RISE TO THE CLAIM OCCURRED. THESE LIMITATIONS WILL APPLY TO ALL CAUSES OF ACTION, WHETHER ARISING FROM BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY. OUR AGGREGATE LIABILITY, AND THE AGGREGATE LIABILITY OF OUR SERVICE PROVIDERS AND THE EMPLOYEES AND CONTRACTORS OF EACH OF THESE, TO YOU AND ANY THIRD PARTY FOR ANY AND ALL CLAIMS OR OBLIGATIONS RELATING TO THIS AGREEMENT SHALL BE LIMITED TO DIRECT OUT-OF-POCKET DAMAGES UP TO A MAXIMUM OF $500 (FIVE HUNDRED DOLLARS). SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
Your Responsibility. You are solely responsible for the selection, installation, maintenance and operation of your personal computer, mobile device and software. We expressly disclaim any and all liability as it relates to the improper use of your personal computer, mobile device and the transmission of data except as provided by statute. We are not responsible for any errors or failures due to any malfunction of your personal computer, mobile device or the software, including whether caused by the equipment, software, us or by Internet browser providers such as Microsoft® (Internet Explorer® browser), Apple® (Safari® browser), Google® (Chrome™ browser), and Mozilla® (Firefox® browser), or by Internet access providers or by online service providers or by an agent or subcontractor of any of the foregoing, nor shall we or the service providers be responsible for any direct, indirect, special or consequential, economic or other damages arising in any way out of the installation, use or maintenance of the equipment, software, Digital Banking Services, Internet browser or access software or unsuitability of your personal computer, mobile device or software, any virus or any problems that may be associated with the use of Digital Banking Services. We suggest that you routinely scan your personal computer and/or mobile device using a virus protection product. An undetected virus may corrupt and destroy your programs, files and your hardware.
Termination, Cancellation, or Suspension. You may terminate this Agreement by accessing Digital Banking on the Site and un-enrolling in Digital Banking Services. You may also terminate your enrollment in Digital Banking Services at any time by providing oral or written notice to us and immediately discontinuing use of Digital Banking Services, or by discontinuing use of Digital Banking Services (by not logging on to Digital Banking) for a three (3) consecutive month period. You are solely responsible for notifying any participating merchants (when applicable) that you have terminated your Bill Payment transfer capabilities. If you do not utilize Digital Banking Services (by not logging on to Digital Banking) for three (3) consecutive months, your access to Digital Banking may be deactivated automatically. If this occurs and you wish to reactivate your access to Digital Banking, you must contact us by telephone or in person at any branch location. We reserve the right to require a written application before reactivating your Digital Banking access.
You agree that we may terminate or suspend your use of any or all Digital Banking Services at any time and for any reason or no reason. Neither termination, nor cancellation or suspension shall affect your liability or obligations under this Agreement. Any payment(s) that have begun processing before the requested cancellation date will be processed by us. Except to the extent restricted by law, we reserve the right, without notice, to: (i) terminate or to discontinue support of any Service; (ii) delay or refuse processing of any transaction; (iii) suspend your access to Digital Banking Services for any reason, including, but not limited to, your non-use of Digital Banking Services or your breach of any term or condition of this Agreement. When required by law, we will provide advanced notice of termination or suspension and you agree that such notice may be provided to you electronically. Whether you or we terminate your Digital Banking Services and this Agreement, the termination shall not affect your obligations under this Agreement for any transactions made by you prior to termination.
License Permission and Use Restrictions. The Site is intended for use by members of Golden 1 located within the United States of America. If you are not located within the United States, you do not have permission to use the Site and may not continue to access the Site. Original material posted by us on the Site is protected by intellectual property laws. You are hereby granted a non-exclusive license to use the Site. You are also granted a limited license to print a copy of content posted at the Site, but only for your personal use. Except as expressly provided herein, all rights are reserved. Among other things, except to the extent required for the limited purpose of reviewing material on the Site, electronic reproduction, adaptation, distribution, performance, or display is prohibited. No permission is given to copy, reproduce, distribute, publicly display, perform, publish, transmit, upload, download, store, license, create derivative works from, alter, or modify materials, transfer or sell anything obtained from the Site. Commercial use of any of the content of the Site is strictly prohibited. You may not display the Site in frames (or any of the content via links) without our express written permission. You agree that you will not use (or allow others to use) the Site or any information contained on it for any wrongful, unauthorized, or unlawful purposes. You also agree to indemnify and hold us harmless from and against any loss, damage, or expense (including, but not limited to, attorneys" fees) incurred because of any such use. All information submitted to you via the Site may be used by us in any manner that complies with applicable laws and regulations, and our policies.
Hyperlinks and Frames. We provide hyperlinks to third party websites as a convenience to you and have no control over the content posted at these websites, nor do we make any representation as to the content of these websites. Hyperlinks to other Internet resources are to be used by you at your own risk. The content, accuracy, opinions expressed and other links provided by these resources may not be investigated, verified, or monitored by us, and such links are not endorsed by us unless otherwise specifically stated. If you believe that we have provided a hyperlink to a site that contains infringing or illegal content or which makes available cracker tools or other circumvention devices, we ask you to notify us so that we may, in our sole discretion, evaluate whether to disable it.
Third Party Content Policy. It is our policy not to tolerate any acts of intellectual property infringement or violations of U.S. law or to allow any child pornography or obscene or defamatory material to be posted at the Site. We have the right, but not the obligation, in good faith, to remove, disable or restrict access to or the availability of material that, in our subjective view, is infringing, racist, obscene, obscene as to minors, child pornography, lewd, lascivious, filthy, excessively violent, harassing or otherwise objectionable. This section is not intended to impose a contractual obligation on us to undertake, or refrain from undertaking, any particular course of conduct.
Unsolicited Email, Spamming and Spoofing. You may not use the Site to transmit unsolicited email. You may not send unsolicited email to the Site or to anyone whose email address includes the domain name used on the Site. You may not use our domain name as a pseudonymous return email address for any communications which you transmit from another location or through another service. You may not pretend to be someone else or spoof another"s identity when using the Site.
No Waiver. Neither we nor our Service Providers shall be deemed to have waived any of the rights or remedies hereunder unless such waiver is in writing and is signed by the party against whom the waiver is asserted. No delay or omission on the part of us or any of our Service Providers in exercising any rights or remedies shall operate as a waiver of such rights or remedies or any other rights or remedies. A waiver on any one occasion shall not be construed as a bar or waiver of any rights or remedies on future occasions.
Assignment. You may not assign this Agreement to any other party. We may assign or transfer this Agreement, by operation of law or otherwise, to any entity that becomes our successor, in connection with a change of control (which shall include a direct or indirect transfer of all or substantially all of its assets) to a third party, a merger, reorganization or other such transaction. We may also assign or delegate certain rights and responsibilities under this Agreement to independent contractors or other third parties.
Force Majeure. Neither party will be liable to the other for any delay or interruption in performance as to any obligation in this Agreement resulting from governmental emergency orders, judicial or governmental action, emergency regulations, sabotage, riots, terrorist action, vandalism, labor strikes or disputes, acts of God, fires, electrical failure, major computer hardware or software failures, equipment delivery delays, acts of third parties, or delays or interruptions in performance beyond its reasonable control.
Jurisdiction and Governing Law. You will be deemed to have agreed to the exclusive jurisdiction of the state and federal courts of the State of California, County of Sacramento, for resolution of any dispute you have relating to the goods or services offered or promoted herein, or to this Agreement. This Agreement is governed by and interpreted in accordance with the laws of the State of California (excluding its conflict of laws rules), except where preempted by federal law.
Complete Agreement, Severability, Captions, and Survival. This Agreement, including all other documents referenced herein, is the complete and exclusive statement of the agreement between us and you, sets forth the entire understanding between us and you with respect to Digital Banking Services and the portion of the Site through which Digital Banking Services are offered and supersedes any proposal or prior agreement, oral or written, and any other communications between us and you. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be ineffective only to the extent of such invalidity, without invalidating the remainder of such provision, and the remaining provisions of this Agreement shall be enforced. The captions of sections in this Agreement are for convenience only and shall not control or affect the meaning or construction of any of the provisions of this Agreement. Sections 1, 4-5, last sentence of section 7, sections 11-12, 15-22, 29, and 31-33 of the General Terms, the Mobile Deposit Terms and Conditions, as well as any other terms which by their nature should survive, will survive the termination of this Agreement. If there is a conflict between the terms of this Agreement and something stated by our employee or contractor (including, but not limited to, the customer care personnel), the terms of the Agreement will prevail.
The following definitions are used in this Agreement:
"Account" means a checking, money market or savings account that is either an Eligible Transaction Account or External Account, as applicable.
"ACH Network" means the funds transfer system governed by the NACHA Rules that provides funds transfer services to participating financial institutions.
"Affiliates" are companies related by common ownership or control.
"Biller" means the person or entity to whom you wish a bill payment to be directed, or the person or entity from whom you receive electronic bills, as is applicable.
"Billing Account" means your Golden 1 Checking Account from which all Bill Payment Service fees will be automatically debited.
"Business Day" means every day except Saturdays, Sundays and federal holidays.
"Check" means an Original Check, as defined in Regulation CC.
"Confidential Information" with respect to either party as recipient means any information obtained by, or disclosed or made available to such party (whether in writing, verbally or by observation of objects or processes) from or by the other party, that is accompanied by a clear indication that the disclosing party considers the information to be confidential or proprietary, or is of a type that the recipient should reasonably consider it the confidential or proprietary information of the disclosing party or its licensors. Confidential Information does not include information that (i) is or becomes generally available to the public other than as a result of a disclosure by the recipient; (ii) was in the recipient"s possession before the time of disclosure, (iii) becomes available to the recipient on a non-confidential basis from another source, provided that the recipient has no actual knowledge that the source of such information was bound by and in breach of a confidentiality obligation with respect to such information; or (iv) is independently developed by the recipient without reference to or use of the disclosing party"s other Confidential Information.
"Deposit Instructions" means the Mobile Deposit Instructions.
"Due Date" is the date reflected on your Biller statement for which the payment is due. It is not the late date or grace period.
"Eligible Transaction Account" is an account you hold with us from which your payments will be debited, your Service fees, if any, will be automatically debited, or to which payments and credits to you will be credited, that is eligible for the Service. Depending on the Service, an Eligible Transaction Account may include a checking, money market or other direct deposit account, credit card account, or debit card account, including any required routing information. For External Transfer Service, "Eligible Transaction Account" shall be limited to a checking, money market or savings account that you hold with us.
"Endpoint" means any Federal Reserve Bank, financial institution, local clearing house, courier or other entity or location for the delivery of cash letters or other presentment of Image Exchange Items or Substitute Checks.
"Exception Payments" means payments to deposit accounts or brokerage accounts, payments to settle securities transactions (including, without limitation, stocks, bonds, securities, futures (forex), options, or an investment interest in any entity or property).
"External Account" is your account at another financial institution (i) to which you are transferring funds from your Eligible Transaction Account; or (ii) from which you are transferring funds to your Eligible Transaction Account.
"Imaged Item" means the digitized image of a Check created by you and transmitted to us using the Mobile Deposit Service.
"Image Exchange Item" means a digitized image of an Item cleared and settled directly with a Payor Financial Institution without conversion to a Substitute Check.
"Item" 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.
"Mobile Application" means the software installed on a Supported Mobile Device to authenticate you and for you to use the Mobile Deposit Service.
"Mobile Deposit Instructions" means all instructions relating to the Mobile Deposit Service which we may provide to you through the Mobile Application from time to time in connection with the Mobile Deposit Service.
"Mobile Deposit Service" means the use of the Mobile Application on a Supported Mobile Device to enable you to capture digitized images of Checks and electronically transmit those images to us for digital processing and deposit to your account at Golden 1.
"Non-Cash Item" means an Item that would otherwise be an Item, except that: (i) a passbook, certificate or other document is attached; (ii) it is accompanied by special instructions, such as a request for special advice of payment or dishonor; or (iii) it has not been preprinted or post-encoded in magnetic ink with the routing number of the Payor Financial Institution.
"Non-Qualifying Item" means Non-Cash Items, Items payable in a medium other than United States money, warrants, Items payable to third parties, demand drafts or remotely created checks as defined by the UCC and Regulation CC, respectively, Items stale-dated by six (6) months or more or post-dated, savings bonds, Items payable to "cash," Substitute Checks, non-negotiable Items, Items returned unpaid for any reason and any Item exceeding your transaction limitations as established by us from time to time.
"Original" with respect to a Check means the first paper Item issued with respect to a particular payment transaction.
"Overdraft Account" means the share account or line of credit designated by you in a separate agreement with us to cover checks when there are insufficient funds available in your Payment Account.
"Payment Account" means your Golden 1 checking account from which all bill payments and personal payments will be made.
"Payment Instruction" is the information provided for a payment to be made under the applicable Service, which may be further defined and described in connection with a specific Service.
"Payment Network" means a debit or credit network (such as the ACH Network or ACCEL / Exchange payment network) through which funds may be transferred.
"Payor Financial Institution" means the United States Financial Institution ordered in an Item to make payment to the payee(s) named on the Item.
"Personal Payment" means a payment sent through the Popmoney Payment Service.
"Popmoney Request" means functionality that, if provided to you, allows a Requestor to request that another individual initiate a Payment Instruction to the Requestor through the Popmoney Service.
"Receiver" means the person or entity to whom you wish a personal payment to be directed.
"Regulation CC" means 12 C.F.R. Part 229, as it may be amended from time to time.
"Requestor" is a person that requests an individual to initiate a Payment Instruction through the Popmoney Service.
"Scheduled Payment" is a payment that has been scheduled through the Bill Payment Service but has not begun processing.
"Scheduled Payment Date" is the day you want your Biller or Receiver to receive your payment and is also the day your Payment Account will be debited (except for laser draft payments), unless the Scheduled Payment Date falls on a non-Business Day, in which case it will be considered to be the previous Business Day.
"Sender" means the person or entity from whom a personal payment has been sent.
"Service Provider" means companies that we have engaged (and their Affiliates) to render some or all of Digital Banking Services to you on our behalf.
"Substitute Check" means a paper reproduction of an Item that satisfies the requirements and definition of "substitute check" set forth in Regulation CC.
"Supported Mobile Device" refers to iPhone® and Android™ smartphones, or other devices as determined by us, with system requirements capable of supporting the Mobile Application. On Android devices, members must download and successfully install the Mobile Application from Google Play™. On iPhone devices, members must download and successfully install the Mobile Application from the App Store®.
"Transaction Account" means the transaction account (checking, money market or other direct deposit account) from which the Sender"s personal payments and fees will be debited, and the transaction account to which the Receiver"s personal payments and credits will be deposited.
"Transfer Instruction" is a specific Payment Instruction that you provide to the External Transfer Service for a transfer of funds.
"UCC" means the Uniform Commercial Code as enacted and amended in the state whose law governs interpretation of this Agreement.
"United States Financial Institution" means (i) any person, located in the United States, engaged in the business of banking; (ii) a Federal Reserve Bank; (iii) a Federal Home Loan Bank; and (iv) to the extent it acts as a payor, the U.S. Treasury, the USPS, or a state or local government.
It is recommended that you print this document for future reference.
(Revised August 16, 2017)