Mobile Banking Privacy and Disclaimers

 Terms and Conditions

Thank you for using WEOKIE Federal Credit Union’s Mobile Banking Service (“Mobile Banking”) and related Software (“Software”) combined with your handheld’s text messaging and web browser capabilities. By participating in Mobile Banking or using the Software, you are agreeing to these Mobile Banking Terms and Conditions (“Terms and Conditions”), in addition to any terms and conditions to which you have previously agreed governing any other electronic banking and bill payment services WEOKIE provides to you (“Online Banking”), of which Mobile Banking is a part. WEOKIE in its discretion may modify these Terms and Conditions at any time. 

Mobile Banking:  WEOKIE offers its members mobile access to their account information (e.g., for checking balances and last transactions) over Short Message Service (“SMS”), as well as the option to set up alerts for their accounts (e.g., low balance alerts). Enrollment requires identification of the user’s banking relationship as well as providing a mobile phone number. The mobile phone number’s verification is done by the user receiving an SMS message with a verification code which they will have to enter on the website. Additionally, members may select the type of alerts and other preferences which will determine, together with their account data, the frequency of alerts delivered to the customer. This program will be ongoing. Members will be allowed to opt out of this program at any time. Standard messaging and/or data charges apply.

You can contact us online at www.weokie.org or 405.235.3030 or send a text message with the word “HELP” to this number: 59289. WEOKIE can answer any questions you have about the Mobile Banking Service.

You can opt out of the Mobile Banking Service via SMS. Just send a text that says “STOP” to this number: 59289. You’ll receive a one-time opt-out confirmation text message. After that, you will not receive any future messages and your access to the Mobile Banking Service will end.

Mobile Banking and the Software may not be available at any time for any reason outside of the reasonable control of WEOKIE or any service provider.

Privacy and User Information: You acknowledge that in connection with your use of Mobile Banking, WEOKIE and its affiliates and service providers, including Fiserv, Inc. and its affiliates, may receive names, domain names, addresses, passwords, telephone and device numbers, the content of messages, data files and other data and information provided by you or from other sources in connection with Mobile Banking or the Software (collectively, the “User Information”). WEOKIE and its affiliates and service providers will maintain reasonable safeguards to protect the information from unauthorized disclosure or use, but reserve the right to use and disclose this information as reasonably necessary to deliver Mobile Banking and as otherwise permitted by law, including compliance with court orders or lawful instructions from a government agency, to protect the personal safety of subscribers or the public, to defend claims, and as otherwise authorized by you. WEOKIE and its affiliates and service providers also reserve the right to monitor use of Mobile Banking and the Software for purposes of verifying compliance with the law, these terms and conditions and any applicable license, but disclaim any obligation to monitor, filter, or edit any content.

Restrictions on Use:  You agree not to use Mobile Banking or the Software in or for any illegal, fraudulent, unauthorized or improper manner or purpose and will only be used in compliance with all applicable laws, rules and regulations, including all applicable state, federal, and international internet, data, telecommunications, telemarketing, “spam,” and import/export laws and regulations, including the U.S. Export Administration Regulations. 

Administration Regulations:  Without limiting the foregoing, you agree that you will not use Mobile Banking or the Software to transmit or disseminate: (i) junk mail, spam, or unsolicited material to persons or entities that have not agreed to receive such material or to who you do not otherwise have a legal right to send such material; (ii)material that infringes or violates any third party’s intellectual property rights, rights of publicity, privacy, or confidentiality, or the rights or legal obligations of any wireless service provider or any of its clients or subscribers; (iii) material or data, that is illegal, or material or data, as determined by WEOKIE (in its sole discretion), that is harassing, coercive, defamatory, libelous, abusive, threatening, obscene, or otherwise objectionable, materials that are harmful to minor or excessive in quantity, or materials the transmission of which could diminish or harm the reputation of WEOKIE or any third-party service provider involved in the provision of Mobile Banking; (iv) material or data that is alcoholic beverage-related (e.g., beer, wine, or liquor), tobacco-related (e.g., cigarettes, cigars, pipes, chewing tobacco), guns or weapons-related (e.g., firearms, bullets), illegal drugs-related (e.g., marijuana, cocaine), pornographic-related (e.g., adult themes, sexual content), crime-related (e.g., organized crime, notorious characters), violence-related (e.g., violent games), death related (e.g., funeral homes, mortuaries), hate-related (e.g., racist organizations), gambling-related (e.g., casinos, lotteries), specifically mentions any wireless carrier or copies or parodies the products or services of any wireless carrier; (v) viruses, Trojan horses, worms, time bombs, cancelbots, or other computer programming routings that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data, or personal information ; (vi) any material or information that is false, misleading, or inaccurate; (vii) any material that would expose WEOKIE, any third-party service provider involved in providing Mobile Banking, or any other third party to liability; or (viii) any signal or impulse that could cause electrical, magnetic, optical, or other technical harm to the equipment or facilities of Fiserv or any third party. You agree that you will not attempt to: (a) access any software or services for which your use has not been authorized; or (b) use or attempt to use a third party’s account; or (c) interfere in any manner with the provision of Mobile Banking or the Software, the security of Mobile Banking or the Software, or other members of Mobile Banking or the Software; of (d) otherwise abuse Mobile Banking or the Software.

Use of Google Maps:  You agree to abide by the Google terms and conditions of use found at http://maps.google.com/help/terms_maps.html and the Google Legal Notices found at http://www.maps.google.com/help/legal notices_maps.html, or other URLs as may be updated by Google.

Use of Mobile Banking:  Mobile Banking will not work unless you use it properly. You accept responsibility for making sure that you understand how to use Mobile Banking before you actually do so, and then that you always use Mobile Banking in accordance with the online instructions posted on WEOKIE’s website. You also accept responsibility for making sure that you know how to properly use your mobile device and the Software. WEOKIE may change or upgrade Mobile Banking from time to time. In the event of such changes or upgrades, you are responsible for making sure that you understand how to use Mobile Banking as changed or upgraded. WEOKIE will not be liable to you for any losses caused by your failure to properly use Mobile Banking or your mobile device. WEOKIE reserves the right to modify the scope of Mobile Banking at any time. WEOKIE reserves the right to make any transaction you request through Mobile Banking. You agree and understand that Mobile Banking may not be accessible or may have limited utility over some mobile networks, such as while roaming.

Information available via Mobile Banking, including balance, transfer and payment information may differ from the information that is available directly through the Online Banking site without the use of a mobile device. Information available directly through Online Banking without the use of a mobile device may not be available via Mobile Banking, may be described using different terminology (including capitalized terms used in these Terms and Conditions or on WEOKIE’s Online Banking sites), or may be more current than the information available via Mobile Banking, including but not limited to account balance information. The method of entering instructions via Mobile Banking may also differ from the method of entering instructions directly through Online Banking without the use of a mobile device. Processing of payment and transfer instructions may take longer through Mobile Banking. WEOKIE is not responsible for such differences including but not limited to delays, whether or not attributable to your use of Mobile Banking.

Account Ownership/Accurate Information:  You represent that you are the legal owner of the accounts you access through Mobile Banking and any financial information which may be accessed through Mobile Banking. You represent and agree that all information you provide to us in connection with Mobile Banking is accurate, current and complete, and that you have the right to provide such information to WEOKIE for the purpose of operating Mobile Banking. You agree to not misrepresent your identity or your account information. You agree to keep your account information up to date and accurate.

Proprietary Rights:  You are permitted to use content delivered to you through Mobile Banking only in connection with your proper use of Mobile Banking. You may not copy, reproduce, distribute, or create derivative works from this content. Further, you agree not to reverse engineer or reverse compile any Mobile Banking technology, including, but not limited to, the Software or other mobile device application associated with Mobile Banking.

No Commercial Use:  You agree that Mobile Banking is for personal use only. You agree not to resell or make commercial use of Mobile Banking.

Charges for Mobile Banking:  You agree to pay for Mobile Banking in accordance with WEOKIE’s current fee schedule and as amended from time to time. You authorize WEOKIE to automatically charge your account for all such fees incurred in connection with your use of Mobile Banking. In the future, WEOKIE may add to or enhance the features of Mobile Banking. By using such added or enhanced features, you agree to pay for them in accordance with the fee schedule.

Software License Agreement:  Subject to your compliance with these Terms and Conditions, you are hereby granted a personal, limited, non-transferable, non-exclusive, non-sub licensable and non-assignable license (“License”) to download, install and use the Software on you mobile device within the United States and its territories. In the event that you obtain a new or different mobile device, you will be required to download and install the Software to that new or different mobile device. This License shall be deemed revoked immediately upon (i) termination of Mobile Banking, (ii) termination of the Online Banking Service, (iii) your deletion of the Software from your mobile device, or (iv) notice to you at any time, with or without cause. In the event this License is revoked for any of the foregoing reasons, you agree to promptly delete the Software from your mobile device. In the event of the revocation of the License, your obligations which are accrued and owing or which expressly or by implication survive such revocation, shall survive.

Smartphones and Other Web Enable Devices:  You acknowledge that smartphones and other Web enabled devices, including the mobile device you use to access Mobile Banking, are subject to the same security risks as computers that are attached to the Internet and agree that it is your responsibility to maintain anti-virus and anti-spyware programs on your mobile device. You agree to exercise caution when utilizing Mobile Banking on your mobile device and to use good judgment and discretion when obtaining or transmitting information. Any losses, charges and unauthorized transactions involving your accounts that are incurred through loss of your mobile device or your failure to safeguard the security credentials you use (such as user names and passwords) to access Mobile Banking and Online Banking will remain your responsibility, except as otherwise provided in applicable law, regulation or other agreements between you and WEOKIE.

Messaging and Data Charges: By participating in Mobile Banking or using the Software you agree that Mobile Banking or the Software may require the use of your mobile device’s data and text messaging capabilities and that standard data and text messaging charges apply in accordance with your service agreement with your mobile service provider. You agree that WEOKIE is not responsible for any charges you may incur while using Mobile Banking and the Software.

Exclusion of Warranties:  YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF MOBILE BANKING IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE AND EFFORT IN USING MOBILE BANKING IS WITH YOU. YOU ACKNOWLEDGE AND AGREE THAT MOBILE BANKING IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. EXCEPT AS MAY OTHERWISE BE EXPRESSLY STATED, NEITHER MOBILE BANKING NOR THE ANY THIRD PARTY SERVICE PROVIDER NOR WEOKIE IS RESPONSIBLE FOR ANY ERRORS OR OMISSIONS IN, OR ANY INFORMATION RESULTING FROM, YOUR USE OF MOBILE BANKING. NEITHER MOBILE BANKING NOR ANY THIRD PARTY SERVICE PROVIDER NOR WEOKIE MAKES ANY WARRANTIES AND ALL WARRANTIES ARE EXPRESSLY DISCLAIMED, WHETHER EXPRESS OR IMPLIED, REGARDING MOBILE BANKING INCLUDING THE WARRANTY OF TITLE AND THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WEOKIE DISCLAIMS ANY WARRANTIES REGARDING THE OPERATION, PERFORMANCE OR FUNCTIONALITY OF MOBILE BANKING (INCLUDING, WITHOUT LIMITATION, THAT MOBILE BANKING WILL OPERATE WITHOUT INTERRUPTION OR BE ERROR FREE). YOU FURTHER ACKNOWLEDGE THAT THERE ARE CERTAIN SECURITY, CORRUPTION, TRANSMISSION ERROR AND ACCESS AVAILABILITY RISKS ASSOCIATED WITH USING OPEN NETWORKS SUCH AS THE INTERNET AND/OR TELECOMMUNICATION LINES OR CIRCUITS AND YOU HEREBY ASSUME ALL RISKS RELATING TO THE FOREGOING. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. 

WEOKIE shall not be responsible for your acts or omissions in using Mobile Banking nor the acts or omissions of any other person or entity, including without limitation, any Federal Reserve financial institution, automated clearing house or transmission, information or communications facility, any receiver, beneficiary, intermediary financial institution or receiving depository financial institution and no such person shall be deemed to be an agent of Mobile Banking.

No Liability and Hold Harmless: WEOKIE will use commercially reasonable efforts and ordinary care to provide you with access to Mobile Banking in accordance with these Terms and Conditions. In no event, however, shall WEOKIE be liable for its failure to provide access Mobile Banking or for your failure to receive message service whether either as a result of an error in or interruption of any Software application or as a result of any failure or interruption of your mobile device. Without limiting the generality of the foregoing, WEOKIE shall not be liable to you for delays or errors occurring by reason of circumstances beyond the control of WEOKIE, including without limitation, the failure of communication networks and interference with or interruption of internet access or service, the failure of equipment, or other catastrophes, acts of God, insurrection, war, riots, failure of transportation, failure of vendors, communication or power supply, or malfunction of or unavoidable difficulties with its equipment. 

WEOKIE will not be liable for consequential, incidental, special or exemplary damages, or lost profits, even if you advise WEOKIE of the possibility of such damages. You acknowledge and agree that you are solely responsible for protecting the confidentiality and security of the security credentials you use (such as user names and passwords) to connect to Mobile Banking and Online Banking. You further acknowledge having been informed that the Bluetooth application on your mobile device must be turned off when accessing mobile banking in order to protect the privacy of your financial records and information. You assume and accept all responsibility for the accuracy of all transactions performed or undertaken utilizing Mobile Banking. You agree to hold WEOKIE harmless from and against any liability of any character attributable to your use of Mobile Banking, excepts as otherwise provided in applicable law, regulation or other agreements between you and WEOKIE. 

You understand and agree the Mobile Banking may not be encrypted and will include the display and transmission of personal or confidential information about you, such as your account activity of status. Delivery and receipt of information, including instructions for payment, transfer and other transactions involving the movement of money, through Mobile Banking may be delayed or impacted by factor(s) pertaining to your Internet service provider(s), phone carriers, other parties, or because of other reasons outside of WEOKIE’s control. WEOKIE will not be liable for losses or damages arising from any disclosure of account information to third parties, non-delivery, delayed delivery, misdirected delivery or mishandling of, or inaccurate content in, information and instructions sent through Mobile Banking, except as otherwise provided in applicable law, regulation or other agreements between you and WEOKIE.

Additionally, you agree that neither WEOKIE nor WEOKIE’s service providers shall be liable for any errors in the content of information obtained or transmitted through Mobile Banking, or for any actions taken in reliance thereon (including, but not limited to, the type of alerts and other preferences selected by you). You are responsible for any and all charges, including, but not limited to, fees associated with data and text messaging imposed by your communications service provider. WEOKIE is not responsible for any damages resulting from your failure to comply with any terms and conditions provided by your communication service provider or any application store.

Indemnification:  Without limiting any of your other obligation to us under this Agreement, you agree to protect and fully compensate WEOKIE and WEOKIE’s affiliates and service providers from any and all third party claims, liability, damages, expenses and costs (including, but not limited to, reasonable attorney’s fees) caused by or arising from your use of Mobile Banking, your violation of any of the terms of Mobile Banking or your infringement, or infringement by any other use of your accounts, of any intellectual property or other right of anyone.

Changes to Terms and Conditions:  WEOKIE reserves the right to change these Terms and Conditions at any time. 

Mobile Check Deposit Considerations:  You may use the Mobile Deposit Service (“Mobile Deposit Service”) to deposit certain checks to your checking accounts from home or other remote locations by photographing checks with your mobile device and transmitting the images and associated deposits information to WEOKIE or its designated processor. 

1. Limitations of Mobile Deposit Service:  When using the Mobile Deposit Service, you may experience technical or other difficulties, a system interruption, or a system failure; and in such event, your data may be lost or destroyed. Any transactions that you initiated or completed or were in the process of completing prior to or during any such event should be verified by you through means other than online. WEOKIE is not liable for and do not assume responsible for any data loss, or technical or other difficulties or any resulting damages that you may incur, and you assume the risk of loss of your data during any such difficulties, failure or interruption as well as the responsibility to verify the accuracy and completeness of the affected transactions.
   
   
2. Ineligible Items: You agree to scan and deposit only “checks” as that term is defined in Federal Reserve Regulation CC (“Reg. CC”) and only those checks are permissible as WEOKIE, in WEOKIE’s sole discretion, elect to include in the Mobile Deposit Service. You further agree to the following: (a) only cash items drawn on financial institutions within the United States, excluding its territories, are being deposited; (b) no foreign items are being deposited; (c) you are not depositing a check that has previously been deposited whether via the Mobile Deposit Service or at an ATM or at another location and no duplicate files or Items are being deposited; (d) the original check will not be deposited; (e) all Items are made payable to you, all signatures on each check are authentic and authorized and that each check has not been altered; (f) each check image being deposited is an accurate representation of all information on the front and back of the original check at the time the original check was converted to a check image and the check image contains all endorsements from the original check; (g) each check image being deposited contains a record of all MICR line information required for a Substitute Check and otherwise satisfies all of the requirements of applicable law including The Check Clearing for the 21st Century Act (“Check 21”) and Reg. CC for the creation and/or transferring of a Substitute Check (as defined in Reg. CC) created from that check image; (h) you have complied with all rules, regulations and laws concerning the deposit; (i) WEOKIE will not sustain a loss as a result of your deposit of a check image; (j) you are not using the Mobile Deposit Service as a conduit for money laundering or other illicit purposes; (k) there is no pending or outstanding order or judgment and there is no law or regulation that would prohibit the deposit or the transaction relating to the deposit; (l) you are not a national of a designated blocked country or “Specially Designated Nations,” “Blocked Entity” or have any other designation or otherwise blocked as defined by the United States Office of Foreign Assets Control.
   
   
3. Receipt of Items:  WEOKIE reserves the right to reject any item transmitted through the Mobile Banking Service, at WEOKIE’s discretion, without liability to you. WEOKIE is not responsible for items WEOKIE does not receive or for images that are dropped or damaged during transmission.
   
   
4. Disposal of Items: You agree to retain each check that you transmit to the Mobile Deposit Service for at least ninety (90) calendar days form the date of the image transmission. After the ninety (90) day period, you agree to destroy the check, mark it “VOID” or otherwise render it incapable of further transmission, deposit, or presentment. You agree that you will take all necessary efforts to safeguard any checks until they are destroyed. During the time the retained check is available, you agree to promptly provide it to WEOKIE upon request. You agree never to represent to WEOKIE or any other party a check or item that has been deposited through the Mobile Deposit Service unless WEOKIE notifies you that the check or item will not be accepted for deposit through the Mobile Deposit Service.
   
   
5. Deposit Limits:  WEOKIE, in its sole discretion, may set deposit limits as to the number of check images that may be transmitted during a specified time period and/or the dollar amount of items deposited.
   
   
6. Funds Availability:  WEOKIE has provided you with its current Funds Availability Policy. You acknowledge and agree that you have received and reviewed your WEOKIE’s Funds Availability Policy and by using the Mobile Deposit Service you accept its terms. You agree that the Mobile Deposit Service is not responsible for making funds from your deposits available to you and the Mobile Deposit Service has no liability to you for funds availability from deposits made through the Mobile Deposit Service.