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Hickam Federal Credit Union

Access Agreement

Please read the Access Agreement below.
When finished, click on the 'Agree' button at the bottom to sign up for Hickam FCU Online Banking.

Online Banking, Mobile Banking, and Bill Payment Services Agreement and Disclosure Statement

Before enrolling in Hickam Federal Credit Union’s Online Banking and Bill Payment services, please review the policies and regulations that will apply to your accounts and transactions.


The Online Banking and Mobile Banking Service allows you to access your Hickam Federal Credit Union (Hickam FCU) deposit and loan accounts and eStatements over the Internet.  Additionally, if you have chosen the Bill Payment Service, you may pay bills from your Checking account via the Internet to payees you have identified. 
In this Agreement the words "you" and "yours" refer to the signer or signers on the account. The words "we", "us", "our" and "Credit Union" mean Hickam Federal Credit Union. The word "Account" means any one or more savings or other accounts you have with the Credit Union.
 
1.      Acceptance and Agreement

This Agreement and Disclosure Statement (the "Agreement") applies to your use of the Online Banking Service, Mobile Banking Service and the Bill Payment Service, including electronic funds transfers made using either of these services.  Your enrollment in Online Banking Service signifies your receipt of the disclosures and your agreement to be bound by the terms contained in this Agreement.

This Agreement supplements, but does not replace, the Electronic Funds Transfer Agreement and Disclosure and other information applicable to your Hickam FCU deposit accounts, including your signature card, all accompanying fee and other schedules and any related disclosures or notices of changes of terms or conditions and the terms and conditions of any credit agreements applicable to your Hickam FCU loan accounts, including all accompanying fee and other schedules and any related disclosures or notices of changes of terms or conditions.
 
2.      Technical Requirements
 
To use the Online Banking Service, you must have a personal computer (PC) or Mobile Device to access the Internet through an Internet Service Provider (ISP).  You'll need:

·          Personal Computer

o    Standard PC or Mac

o    An Internet service provider

o    A cable or DSL Internet connection is recommended

o    A web browser.  Certified: Microsoft Internet Explorer 10 or newer, Microsoft Edge, Firefox 35 or newer.  Best Effort: Google Chrome, Apple Safari.

 

·          Mobile Device.  The Mobile Banking Service is recommended for best experience.

o    Device must be web-enabled.

o    All mobile browsers are “best effort”

The latest operating system and browser version is recommended on all platforms.  You are solely responsible for obtaining, maintaining, upgrading and operating your ISP and any associated software.  We are not responsible for any loss, damage or claim caused by your ISP, any related software, or your computer communication equipment.

All disclosures which are provided electronically to you will be in an html format capable of being retained either by printing or storing electronically and you are responsible to print or store electronically all such disclosures. By being able to access this disclosure, also in html format, you are acknowledging that you have the ability to access and read all electronic documents and disclosures available to you.
 
If a change in hardware or software requirements needed to access or retain electronic records creates a material risk that you will not be able to access or retain a subsequent electronic record, you have the right to withdraw consent without the imposition of any fees for such withdrawal and without imposition of any condition or consequence that was not previously disclosed.

3.      Online Banking Service
 
Subject to the terms and conditions of this Agreement you may access Online Banking Service to:

·          View account and loan balances for each of your selected Accounts.

·          View available account and loan histories for each of your selected Accounts, excluding Adjustable Rate Mortgage loans.

·          Download account and loan histories to your PC’s hard drive for use with financial software.

·          Transfer funds between your Accounts and loans in your selected Accounts, excluding Adjustable Rates Mortgage loans.

·          View copies of cleared checks.

·          View regular monthly and/or quarterly eStatements ~ when this Delivery Option is selected.

 

 4.      Bill Payment Service

The Credit Union has contracted with a third-party to provide bill payment service to its members. The bill payment service provider will be processing bill payments and answering questions directly related to these member-initiated bill payments. The Credit Union, at its sole discretion, reserves the right from time to time, to change Bill Payment Service Providers.
 
In order to use Bill Payment Service, you must have a regular checking account with Hickam FCU.   If you elect the Bill Payment Service, you may use a computer or mobile device and the Internet to do the following, subject to the terms and conditions of this Agreement:

 

·          Schedule and make bill payments (one-time or recurring) from your designated Checking Account to third-party vendors;

·          Add to or edit your vendor list for recurring payments;

·          Verify that information submitted regarding payments is correct;

·          View a history of payments made over a specified time period of up to ninety (90) days.
 

After you add a vendor for bill payment, your vendor list will show whether the vendor will be paid by an electronic transfer or by paper check, mailed to the payee.  You authorize us to choose the way to process your payment or transfer request. 

·          All payments made through the Bill Payment service will be deducted from your Checking account.

·          Any payment paid through the Bill Payment Service must be payable in U.S. dollars to vendors in the United States.

·          Each payee must appear on the payee list created by you and the account you are paying from must be in your name.

·          You must provide sufficient information about each payee on your payee list in order for us to direct a payment to that payee.

·          The information must also be sufficient to permit the payee to credit the correct account with your payment. 

You may not use the Bill Payment Service to make payments to a federal, state or local government or tax unit, for alimony, child support or other court-directed payment, to a securities broker, or to other categories of payees that we may establish from time to time.
 
You must allow sufficient time for the payee to receive and process the payment before the payment due date (the due date shown on your invoice or provided in your agreement with the payee, not taking into account any grace period provided by the payee).  If you do not allow sufficient time, you assume full responsibility for all late fees, finance charges, or other actions taken by the payee. 

·          Payments may take up to ten (10) days to reach the vendor (payee), as they are paid either electronically or by physical check, mailed to the payee.  Hickam FCU cannot guarantee the time any payment will reach any of your payees and we will not be liable for late charges, service fees, or any other charge if you do not schedule payments as required above.

IMPORTANT:  No activity after (6) months may cause cancellation of your Bill Payment Service.

5.  Access
 
In order to access Online Banking and Bill Payment services, you will need to access your account(s) using your Sign-On ID and password. You may change your password within Online Banking by using the "option" button.  We recommend that you change your password regularly.  For security purposes, it is recommended that you memorize your password and do not write it down. You are responsible for keeping your password, account numbers, and other account data confidential. This is extremely important to prevent unauthorized access to or use of your Account. You agree that you will be responsible for all transfers and payments made from your Account by anyone you authorize to use your Account, whether such use is pursuant to or beyond your instructions.
 
6.   Account Transfer
 
You may transfer funds to and from your Accounts, as long as you have sufficient funds available to complete the transfer and nothing in the terms and conditions of the Account Agreement prohibit the transfer.  Transfers from your Account are subject to all the transfer restrictions, if any, included in your Account Agreement. In addition, you may not transfer from your Account any funds, which are secured as collateral for loans you have with us or a third party. By signing this Agreement, you authorize the Credit Union to charge your Account for the amount of any bill payer payment that you make or that you authorize, as well as any charges for providing this service. You also authorize us to initiate any reversing entry or file and to debit or credit any Account in order to correct any mistaken debit or credit entry.
 
7.  Additional Information about the Services
 
We may update or delay any or all services referenced in this Agreement to ensure security.  We will deny access to the Online Banking service if an incorrect password is entered three (3) times. If access is denied, call (808) 423-1391 or 1-800-432-4328 (Neighbor Islands/Continental U.S.) between 8:00 a.m. and 6:00 p.m. (Hawaii Standard Time) Monday through Friday, or between 9:00 a.m. and 3:00 p.m. on Saturday, except holidays.  Additional information and instructions on use of the Online Banking Service and Bill Payment Service may be found in this Agreement.
 
8.  Bill Payment Service Preauthorized Payments
 
Preauthorized Payments: You may use the Bill Payment Service to schedule recurring payments to third-party vendors.
 
Stop Payment: Payments that are pending or not issued may be deleted or modified while using Bill Payment Service.  If, however, the payment is already reflected in the Bill Payment Service history and you wish to request a stop payment or change a Bill Payment Service transaction, you must contact the Bill Payment Service provider’s customer service department in time for the Bill Payment Service provider to receive your request three (3) business days or more before the payment is scheduled to be made.  If you call, we may also require you to put your request in writing and get it to us within fourteen (14) days after you call.

9. Limitation on Transactions
 
Unless specified in the Agreement, there is no limit to the number of times you may use Online Banking Service, and you may transfer or authorize payments up to the available balance in your Account at that time. However, we may: 

·          Set limits on the total dollar amount of any one transaction;

·          Check and authorize each transaction before it becomes final; and

·          Limit the number of transactions in certain accounts as required by law.  For Savings and Money Market accounts, you may make up to six (6) preauthorized, automatic, telephonic, or audio response transfers (including overdraft protection transfers) per account to another account of yours or to a third-party during any calendar month. A preauthorized transfer includes any arrangement with us to pay a third-party from your account upon oral or written orders including orders received through the automated clearinghouse.  You may make unlimited transfers to any Credit Union loan account and may make withdrawals in person, by mail, or at an ATM.  However, we may refuse or reverse a transfer that exceeds these limitations and may assess fees against, suspend, or close your account.

10. Consumer Use
 
The Online Banking Service and the Bill Payment Service are designed and intended for personal, family, or household purposes. The services are not designed for business or commercial use. You may not use the services for any commercial purpose. You will take full responsibility if your accounts are being used as business or commercial accounts and will reimburse us for any loss, costs, or expenses we incur as a result of your use of the services for business or commercial purposes.
 
11. Fees and Charges
 
Applicable fees and charges can be found in our Schedule of Fees. These fees are subject to change, and we will notify you of any changes as required by applicable law.
 
The following fees apply to the Bill Payment Service: 

·          Stop Payments

·          Non-Sufficient Funds (NSF)


12. Documentation
 
You will get a monthly account statement unless there are no transfers in a particular month.  You may also generate a printed history of activity while using Online Banking Service.  In any case, you will get a statement of activity at least quarterly.
 
You are entitled to receive and retain a copy of this agreement and disclosure statement.  Unless you inform us otherwise, you consent to electronic receipt of this agreement and disclosure statement, all Account statements, and other notices provided from time to time on our Online Banking Service web site by using our Online Banking Service or Bill Payment Service.  You may request a free paper copy by calling (808) 423-1391 or 1-800-432-4328 (Neighbor Islands/Continent U.S.) between 8:00 a.m. and 6:00 p.m. (Hawaii Standard Time) Monday through Friday or between 9:00 a.m. and 3:00 p.m. on Saturday, except holidays. You may revoke your consent in writing by contacting us by
 
E-mail:                    Use the mail option in your Hickam FCU Online Banking

or U.S. mail at:        Hickam Federal Credit Union
                                  P.O. Box 30025
                                  Honolulu, HI  96820-0025
 
13. Member Liability
 
You are responsible for all Electronic Funds Transfer (EFT) transactions you authorize. If you permit someone else to use an EFT service, or your access device (card, code, or other means), you are responsible for any transactions they authorize or conduct on any of your accounts.
 
TELL US AT ONCE if you believe your access device has been lost or stolen, if you believe someone has used your access device or otherwise accessed your accounts without your authority, or if you believe that an EFT transaction has been made without your permission using information contained on your personal checks. Telephoning is the best way of keeping your possible losses down. You could lose all the money in your account (plus your maximum overdraft line of credit). If a transaction was made with your card or card number without your permission, and it was a VISA transaction, you will have no liability for the transaction, unless you were grossly negligent in the handling of your account or card.  For all other EFT transactions, including ATM transactions or if you were grossly negligent in the handling of your account or card, your liability for an unauthorized transaction is determined as follows:
 
If you tell us within two (2) business days, you can lose no more than $50 if someone used your card without your permission. If you do NOT tell us within two (2) business days after you learn of the loss or theft of your card, and we can prove we could have stopped someone from using your card without your permission if you had told us, you could lose as much as $500.
 
Also, if your statement shows transfers that you did not make including those made by card, code or other means, TELL US AT ONCE. If you do not tell us within sixty (60) days after the statement was mailed to you, you may not get back any money lost after the sixty (60) days if we can prove that we could have stopped someone from making the transfers if you had told us in time. If a good reason (such as a hospital stay) kept you from telling us, we will extend the time periods. If you believe your card has been lost or stolen or that someone has transferred or may transfer money from your account without your permission, call:
           

(808) 423-1391
(800) 432 HFCU (4328)
(800) 472-3272 (Lost/Stolen Debit Cards Only)
 
or write to:
           
Hickam Federal Credit Union
P.O. Box 30025
Honolulu, HI  96820-0025

You should also call the number or write to the address listed above if you believe a transfer has been made using the information contained on your personal checks without your permission.
 
14. Confidentiality and Account Information Disclosures
 
We will disclose information to third parties about your account or the transfers you make:

·          As necessary to complete transfers;

·          To verify the existence of sufficient funds to cover specific transactions upon the request of a third party, such as a credit bureau or merchant;

·          If your account is eligible for emergency cash and/or emergency card replacement services, and you request such services, you agree that we may provide personal information about you and your account that is necessary to provide you with the requested service(s);

·          To comply with a government agency or court orders; or

·          If you give us your written permission.

15. Hickam Federal Credit Union Liability
 
Access to the Bill Payment services may be temporarily unavailable from time to time due to system updating, maintenance or technical difficulties.  You agree that the Credit Union will not be liable for delay in payments in such cases.  If we do not complete an electronic fund transfer to or from your Account in time or in the correct amount according to our agreement with you, we may be liable for your losses or damages.  However, we will not be liable for direct or consequential damages in the following events:

·          If, through no fault of ours, you do not have enough money available in your Account to make the electronic fund transfer, if any funds in your Account necessary to complete the transfer are held as uncollected funds pursuant to our Funds Availability Policy, or if the funds in your Account are pledged as collateral or frozen because of a delinquent loan;

·          If, the electronic funds transfer would go over your overdraft protection credit limit;

·          If, through no fault of ours, we have not actually received enough money to cover an electronic deposit from a third party;

·          If the funds in your Account are subject to legal process or other encumbrances restricting the electronic fund transfer;

·          If your computer, modem, software, or Internet access is not working properly or you do not have the required software for Internet access;

·          If our processing system was not working properly and you knew about the problem when you started the electronic funds transfer;

·          If circumstances beyond our control (such as fire or flood) prevent the electronic fund transfer, despite reasonable precautions that we have taken;

·          If you have not provided us with correct and complete information about the payee;

·          It the payee is not a valid business payee;

·          If you did not timely provide us with correct instructions as to when to make a payment;

·          If the payees, on its own, mishandles or delays processing the payment sent by us;

·          If this Agreement is terminated;

·          If you have bill payment services, we can only confirm the amount, the participating merchant, and date of the bill payment transfer made by us. For any other error or question you have involving the billing statement of the participating merchant, you must contact the merchant directly. We are not responsible for investing such errors.

·          If the authorization for your electronic fund transfer is revoked by law or court order (in case of death or incompetence, for example); or

·          If other exceptions are provided in other agreements we have with you or by applicable law. We will not be required to complete any transaction described above.  In the event that such a transaction is completed, you agree to pay us that amount that exceeds your Account balance or your line credit or that is otherwise improperly withdrawn immediately upon request.  

16. In Case of Error or Questions about Your Electronic Funds Transfer
 
In case of error or questions about your electronic fund transfers, or if you think your statement or receipt is wrong, or if you need more information about an electronic fund transfer listed on the statement or receipt, contact us at the appropriate telephone number, e-mail address, or address listed below as soon as you can. We must hear from you no later than sixty (60) days after we send you the FIRST statement on which the problem or error appeared. Provide us with the following information: 

·          Your name and Account number.

·          A description of the error or EFT transaction in question and a clear explanation of why you believe it is an error or why you need more information.

·          The dollar amount of the suspected error.

If you inform us verbally, we will require that you send us your concern or question in writing within ten (10) business days.
 
We will inform you of the results of our investigation within ten (10) business days after we hear from you and will correct any error promptly.  Where applicable, we will credit interest and refund any fees or charges imposed on your Account.  If we need more time, however, we may take up to forty-five (45) days to investigate your complaint or question.  If we decide to do this, we will provisionally 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 do not receive your complaint or question in writing within ten (10) business days after you inform us verbally, we will not credit your Account.
 
For errors involving transfers within thirty (30) days after the first deposit to the account was made, or initiated outside the United States, the periods referred to above are twenty (20) business days instead of ten (10) business days and ninety (90) days instead of forty-five (45) days.  If there was no error, we will send you a written explanation of our findings within three (3) business days after we complete our investigation.  You may ask us for copies of the documents that we used in our investigation.  If we provisionally credited your Account, we will also notify you that we reversed the credited amount.  We will honor any checks, drafts or other similar paper instruments and any preauthorized electronic fund transfers up to the amount we reversed plus the available balance in your Account and the available balance in your overdraft account (if applicable) without imposing any overdraft charges from your Account for a period of five (5) business days after our notice of reversal is sent to you.
 
For errors or questions, call (808) 423-1391 or 1-800-432-4328 (Neighbor Islands/Continent U.S.) between 8:00 a.m. and 6:00 p.m. (Hawaii Standard Time) Monday through Friday or between 9:00 a.m. and 3:00 p.m. on Saturday, except holidays.
 
E-mail:                         Use the mail option in your Hickam FCU Online Banking

or U.S. mail at:          Hickam Federal Credit Union
                                     P.O. Box 30025
                                     Honolulu, HI  96820-0025
 
17. Termination of EFT Services
 
You can terminate this Agreement or any EFT service under this Agreement at any time by notifying us in writing and no longer using your card or any access code.  You must return all cards and agree to notify any participating merchants that authority to make bill payment transfers has been revoked. We may also terminate this Agreement at any time by notifying you verbally or in writing.  Whether you terminate this Agreement or we do, the termination will not affect your obligations under the Agreement for any electronic transactions made prior to termination, even if we allow any transaction to be completed after this Agreement has been terminated.  Inactivity would also be cause for this Agreement to be terminated.

18. Notices
 
All notices from us will be effective when we have electronically provided, mailed or delivered them to the last address that we have for you in our records.  Notices from you will generally be effective once we receive them at the appropriate address specified in the Agreement.  If there is more than one Accountholder, notice to or from one of the Accountholders will be effective for every Accountholder.  We reserve the right to change the terms and conditions upon which the service is offered.  We will notify you at least twenty-one (21) days before the effective date of a change that may have a negative impact on you. Use of this service is subject to existing regulations governing the credit union account and any future changes to those regulations.
 
19. Business Days
 
Our business days are Monday through Saturday. Holidays on which the Credit Union is closed for business and Sundays are not included.
 
20. Records
 
All records (no matter the format) used and retained by the Credit Union for the transactions contemplated by this Agreement shall be and remain the property of the Credit Union.  The Credit Union may, in its sole discretion, make available certain stored information upon the member’s request, provided that, any expenses incurred by the Credit Union in doing so shall be paid by the member.

21. Our Rules and Regulations
 
Your Accounts may also be governed by other agreements between you and us.

22. Enforcement
 
You are liable to us for any losses, costs or expenses we incur resulting from your failure to follow this Agreement. You authorize us to deduct any such losses, costs or expenses from your account without prior notice to you. If we bring a legal action to collect any amount due under or to enforce this Agreement, we shall be entitled, subject to applicable law, to payment of reasonable attorney’s fees and costs, including fees on any appeal, bankruptcy proceedings, and any post-judgment collection actions.


23.
Relationship to Other Disclosures.  The information in this Disclosure and Agreement applies only to the Services described herein.  Provisions in other disclosure documents, as may be revised from time to time, remain effective for all other aspects of your Account.

24. Governing Law
 
This Agreement is governed by our bylaws, federal laws and regulations, the laws of the State of Hawaii, and local clearinghouse rules, as amended from time to time. Any disputes regarding this Agreement shall be subject to the jurisdiction of the court of the county in which we are located.
 

25. Waivers
 
No delay or omission by us in exercising any right or remedies under this Agreement and Disclosure Statement shall impair or be construed as a waiver of such right or remedy.  All waivers must be in writing and signed by us. 

LIMITATION OF LIABILITY. YOU UNDERSTAND AND AGREE THAT WE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER LOSSES RESULTING FROM OR ATTRIBUTABLE TO THE USE OR THE INABILITY TO USE THE SERVICES INCURRED BY YOU OR YOUR JOINT OWNER ARISING FROM OR ATTRIBUTABLE TO THE USE OF, INABILITY TO USE,  THE TERMINATION OF THE USE OF THE SERVICES, OR YOUR BREACH OF THIS AGREEMENT, REGARDLESS OF THE FORM OF ACTION OR CLAIM (WHETHER CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE), EVEN IF WE HAVE BEEN INFORMED OF THE POSSIBILITY THEREOF.

Charges for Use of the Services.  Hickam FCU currently does not assess any fees for the use of the Services.  Hickam FCU, in its sole discretion, reserves the right to assess a fee in the future. Other fees and charges may apply in connection with your use of the Services.

DISCLAIMER OF WARRANTIES. YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR RISK. YOU ALSO UNDERSTAND AND AGREE THAT THE SERVICES AND ALL INFORMATION AND CONTENT (INCLUDING THAT OF THIRD PARTIES) IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOU UNDERSTAND THAT WE DO NOT MAKE ANY WARRANTIES ON EQUIPMENT, HARDWARE, SOFTWARE OR INTERNET PROVIDER SERVICE, OR ANY PART OF THEM, EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. WE MAKE NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. WE ALSO MAKE NO WARRANTY THAT THE RESULTS THAT MAY BE OBTAINED FROM USING THE SERVICES WILL BE ACCURATE OR RELIABLE, OR THAT ANY ERRORS IN THE SERVICES OR TECHNOLOGY WILL BE CORRECTED. WE ARE NOT RESPONSIBLE FOR ANY LOSS, INJURY OR DAMAGES, WHETHER DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL, CAUSED BY THE INTERNET PROVIDER, ANY RELATED SOFTWARE, OR OUR USE OF ANY OF THEM OR ARISING IN ANY WAY FROM THE INSTALLATION, USE, OR MAINTENANCE OF YOUR PERSONAL COMPUTER HARDWARE, SOFTWARE, OR OTHER EQUIPMENT.

Change in Terms. We reserve the right to amend, modify, add to, or delete from this Agreement and Disclosure from time to time by notifying you of such change.  Your use of the Services after receipt of notification of any change by us constitutes your acceptance of the change.

 Mobile Deposit Agreement and Disclosure Statement

In this Mobile Deposit Disclosure and Agreement (“Disclosure and Agreement”), the words “we,” “us,” “our” and “Hickam FCU” refer to Hickam Federal Credit Union.  The words “you,” “your,” or “yours” refer to the member who uses any of the mobile deposit services (the “Services”) described in this Disclosure and Agreement.  The deposit account disclosures you received when you opened your account(s) with us (titled “Member’s Guide to Services”) are hereby incorporated into and made a part of this Disclosure and Agreement.  In the event of a discrepancy between this Disclosure and Agreement and the deposit account disclosures, this Disclosure and Agreement will control.

Use of the Services. The Services are designed to allow you to make deposits to your checking or savings accounts from remote locations by electronically transmitting a digital image of your paper checks to us. Following your registration for the Services, you are authorized by us to remotely deposit paper checks you receive to your account with us (the “Account”) by electronically transmitting a digital image of the paper checks to us for deposit.  Your use of the Services constitutes your acceptance of the terms and conditions of this Disclosure and Agreement.

Upon our receipt of the digital image, we will review the image for acceptability and will convert items meeting our requirements into substitute checks and clearing the item as an image to facilitate the deposit and collection of such items. You understand that receipt of an image does not mean that the image contains no errors or that we are responsible for any information you transmit to us. We are not responsible for any image that we do not receive.  For purposes of this Disclosure and Agreement, a “substitute check” (as defined in Federal Reserve Board Regulation CC) is a check reproduction of an original check that:

·          Contains an image of the front and back of the original check;

·          Bears a MICR (Magnetic Ink Character Recognition) line that contains all the information appearing on the MICR line of the original check at the time the original check was issued and any additional information that was encoded on the original check’s MICR line before an image of the original check was captured.

·          Conforms in paper stock, dimension, and otherwise with ANSI X9.100-140 and

·          Is suitable for automated processing in the same manner as the original check.

We reserve the right, within our sole and absolute discretion, to accept or reject any item for mobile deposit into your Account and, in the event we reject an item for mobile deposit, you understand and agree that you must deposit the original item.  You understand and agree that even if we do not initially reject an item you deposit, we may return the substitute check we created because, among other reasons, the paying bank deems the electronic image illegible. Our failure to reject such an item shall not limit your liability to us. You understand that any amount credited to your Account for items deposited is a provisional credit and you agree to indemnify us against any loss we suffer because of our acceptance of the remotely deposited check.

Member Eligibility.  You understand that you must be a Hickam FCU member in good standing to be eligible for the Services. Eligibility is at the sole discretion of Hickam FCU. We may suspend or permanently revoke the Services, in our sole and absolute discretion, based on eligibility criteria established by us.

Compliance with Law. You agree to use the Services for lawful purposes and in compliance with all applicable laws, rules  and  regulations, as  well as  all  laws  pertaining  to  the  banking  transactions  contemplated  hereunder.  You warrant that you will only transmit acceptable items for deposit and have  handled  the  original  items  in  accordance with applicable laws, rules and regulations. You also agree to be  bound  by  any  clearinghouse rules or agreements, operating circulars, image exchange agreements, and other  documents  to  which  we  are  a party  that  govern  the Services we provide.  You promise to indemnify and hold us  harmless from any damages, liabilities, costs, expenses (including attorneys’ fees) or other harm arising out of  any violation thereof. This indemnity will survive termination of your Account and this Disclosure and Agreement.

Check Requirements. Any image of a check that you transmit to us must accurately and legibly provide all the information on the front and back of the check at the time presented to us by the drawer.  Prior to electronically transmitting a digital image of the original check, you will endorse the back of the original check. Your endorsement will include “For Hickam FCU Mobile Deposit Only” and your Signature and Date of Deposit or as otherwise instructed by us. You agree to follow any and all procedures and instructions for use of the Services as we may establish from time to time. The digital image of the check transmitted to us must accurately and legibly provide, among other things, the following information: (1) the information identifying the drawer and the paying bank that is preprinted on the check, including complete and accurate MICR information and the signature(s); (2) other information placed on the check prior to the time an image of the check is captured, such as any required identification written on the front of the check and any endorsements applied to the back of the check; and (3) your endorsement. The image quality for the check will meet the standards for image quality established by the American National Standards Institute (“ANSI”), the Board of Governors of the Federal Reserve, including the requirements under federal Regulation CC, and any other regulatory agency, clearing house or association.

Rejection of Deposit. We reserve the right to reject any item transmitted through the Services, in our sole and absolute discretion, without incurring any liability to you. We are not liable for any service or late charges levied against you due to our rejection of any item. In all cases, you are responsible for any loss or overdraft plus any applicable fees to your Account due to an item being returned.

Items Returned Unpaid. With respect to any item that you transmit to us for mobile deposit that we credit to your Account, in the event such item is dishonored, you authorize us to debit the amount of such item from the Account, plus a Returned Deposited Item fee as stated in our Schedule of Fees and Charges.

Email Address. You agree to notify us immediately if you change your email address.

Unavailability of Services. You understand and agree that the Services may at times be temporarily unavailable due to system maintenance or technical difficulties including those of the Internet service provider, cellular service provider and Internet software. In the event that the Services are unavailable, you acknowledge that you can deposit an original check at our branches or through our ATMs or by mailing the original check to us at P. O. Box 30025, Honolulu, Hawaii 96820-0025. It is your sole responsibility to verify that items deposited using the Services have been received and accepted for deposit by us.

Business Days. For purposes of this Mobile Deposit Agreement and Disclosure, our business days are Monday through Friday.  Saturdays, Sundays and federal holidays are not included.

Funds Availability. You understand that following our receipt and processing of the image, funds from the check will be made available for your withdrawal and/or use in accordance with the general terms and conditions of our Funds Availability Policy previously provided to you, as amended from time to time. 

However, for purposes of determining the availability of your mobile deposits, the following applies:

·          Every day is a business day, except Saturdays, Sundays, and federal holidays.

·          If you transmit a check image through the Services before 2:00 p.m. HST on a business day that we are open, we will consider that day to be the day of your deposit. However, if you transmit a check image through the Services after 2:00 p.m. HST, or on a day we are not open, we will consider the deposit to have been made on the next business day we are open. You understand and agree that, for purposes of deposits made using the Services, the place of deposit is Honolulu, Hawaii.

·          You understand that we may make such funds available sooner based on such factors as creditworthiness, the length and extent of your relationship with us, transaction and experience information, and such other factors as we, in our sole discretion, deem relevant.

·          You also understand that credit is provisional until settlement is final.

Accountholder’s Warranties. You make the following warranties and representations with respect to each image of an original check you transmit to us utilizing the Services:

Each image of a check transmitted to us is a true and accurate rendition of the front and back of the original check, without any alteration, and the drawer of the check has no defense against payment of the check.

1)     The amount, the payee, signature(s), and endorsement(s) on the original check are legible, genuine, and accurate.

2)     You will not deposit or otherwise endorse to a third party the original item (the original check) and no person will receive a transfer, presentment, or return of, or otherwise be charged for, the item (either the original item, or a paper or electronic representation of the original item) such that the person will be asked to make payment based on an item it has already paid.

3)     Other than the digital image of an original check that you remotely deposit through the Services, there are no other duplicate images of the original check.

4)     You have instituted procedures to ensure that each original check was authorized by the drawer in the amount stated on the original check and to the payee stated on the original check.

5)     You are authorized to enforce each item transmitted or are authorized to obtain payment of each item on behalf of a person entitled to enforce such transmitted item.

6)     You have not knowingly failed to communicate any material information to us.

7)     You will retain possession of each original check deposited using the Services for the required sixty (60) day retention period and no party will submit the original check for payment.

8)     Files and images transmitted to us will contain no viruses or any other disabling features that may have an adverse impact on our network, data, or related systems.

9)     You will not use the Services and/or your Account for any illegal activity or transactions.

10)  Each check you submit for deposit is drawn in United States dollars on a financial institution located in the United States, excluding its territories.

11)  You will not present the check more than once.

 Check Retention and Destruction. You agree to securely store each original check that you deposit using the Services for a period of sixty (60) days after transmission to us in order to verify settlement and credit or to balance periodic statements. After such period expires, you will destroy the original check. You understand and agree that you are responsible for any loss caused by your failure to secure the original checks. You agree never to re-present the check.  During the retention period, you will promptly provide any retained check, or a sufficient copy of the front and back of the check, to us as requested to aid in the clearing and collection process, to resolve claims by third parties with respect to any check, or for our audit purposes. If you are unable to provide a sufficient copy of the front and back of the check you will be liable for any unresolved claims by third parties. 

Ownership & License. You agree that we retain all ownership and proprietary rights in the Services, associated content, technology, and website(s).  Your use of the Services is subject to and conditioned upon your complete compliance with this Agreement and Disclosure. Without limiting the effect of the foregoing, any breach of this Agreement and Disclosure immediately terminates your right to use the Services. Without limiting the restriction of the foregoing, you may not use the Services (i) in any anti-competitive manner; (ii) for any purpose which would be contrary to our business interest; or (iii) to our actual or potential economic disadvantage in any aspect. You may not copy, reproduce, distribute or create derivative works from the content and agree not to reverse engineer or reverse compile any of the technology used to provide the Services.

Securing Images on Mobile Devices. When using the Services, you understand that check images captured using your mobile device are stored on the device only until the associated deposit has been successfully submitted.  You agree to promptly complete each deposit. In the event that you are unable to promptly complete your deposit, you agree to ensure that your mobile device remains securely in your possession until the deposit has been completed or to delete the associated images from the application.

Accountholder’s Indemnification Obligation. You understand and agree that you are required to indemnify, defend and hold harmless Hickam FCU and our directors, officers, employees, members and agents (the “Indemnified Parties”) from and against any and all losses, fees, claims, actions, damages, liabilities, costs, and expenses, including reasonable attorneys’ fees and expenses resulting or arising from: (i) your use of the Services; (ii)  your breach of this Agreement and Disclosure; (iii) the willful misconduct, fraud, criminal activity, intentional tort or negligence of you involving use of the Services; (iv) the actions or omissions of you relating to the Services; and (v) any transmission or instruction, whether or not authorized, acted upon by us in good faith.  You shall be provided with prompt notice of any claims and given full authority and assistance (at your expense) for the defense of any such claims, provided that Hickam FCU may participate in such defense and settlement with counsel of Hickam FCU’s  own choosing at Hickam FCU’s own expense.  However, you shall have no authority to settle any claim against any Indemnified Party without the prior written consent of such Indemnified Party (which consent shall not be unreasonably withheld).  You understand and agree that this paragraph shall survive the termination of this Agreement and Disclosure.

Periodic Statement and Your Duty to Report Errors. Any mobile deposits made through the Services will be reflected on your monthly periodic statement.  In case of errors or questions about your mobile deposits, call us at 808-423-1391 or toll-free 1-800-432-HFCU (4328) or send us a written notice at Hickam Federal Credit Union, P. O. Box 30025, Honolulu, HI 96820-0025 as soon as you can if you think your statement is wrong or if you need more information about a transaction listed on the statement. We must hear from you no later than sixty (60) days after we sent the FIRST statement on which the problem or error appears. In your notice you must:

·          Tell us your name and account number.

·          Describe the error or the transfer you are unsure about, and explain as clearly as you can, why you believe the Credit Union has made an error or why you need more information.

·          Tell us the dollar amount of the suspected error.

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 has 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 45** 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 question in writing and we do not receive it within ten (10) business days, we may not credit your account.

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.

* If you give notice of an error within 30 days after you make the first deposit to your account, we will have 20 business days instead of ten (10) business days to investigate the error.

** If you give notice of an error within 30 days after you make the first deposit to your account, notice of an error involving a point-of-sale (POS) transaction, or notice of an error involving a transaction initiated outside the U.S., its possessions and territories, we will have 90 days instead of 45 days to investigate the error.

LIMITATION OF LIABILITY. YOU UNDERSTAND AND AGREE THAT WE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER LOSSES RESULTING FROM OR ATTRIBUTABLE TO THE USE OR THE INABILITY TO USE THE SERVICES INCURRED BY YOU OR YOUR JOINT OWNER ARISING FROM OR ATTRIBUTABLE TO THE USE OF, INABILITY TO USE,  THE TERMINATION OF THE USE OF THE SERVICES, OR YOUR BREACH OF THIS AGREEMENT, REGARDLESS OF THE FORM OF ACTION OR CLAIM (WHETHER CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE), EVEN IF WE HAVE BEEN INFORMED OF THE POSSIBILITY THEREOF.

Charges for Use of the Services.  Hickam FCU currently does not assess any fees for the use of the Services.  Hickam FCU, in its sole discretion, reserves the right to assess a fee in the future. Other fees and charges may apply in connection with your use of the Services, such as Returned Deposited Item fees or Non-Sufficient Funds fees (see Schedule of Fees and Charges).  If an item you transmit for deposit is dishonored, rejected or otherwise returned unpaid, you agree that we may charge back the amount of the return to the account the check was originally deposited to and you will be assessed a fee in the amount shown on Hickam FCU’s Schedule of Fees and Charges for a returned check.

DISCLAIMER OF WARRANTIES. YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR RISK. YOU ALSO UNDERSTAND AND AGREE THAT THE SERVICES AND ALL INFORMATION AND CONTENT (INCLUDING THAT OF THIRD PARTIES) IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOU UNDERSTAND THAT WE DO NOT MAKE ANY WARRANTIES ON EQUIPMENT, HARDWARE, SOFTWARE OR INTERNET PROVIDER SERVICE, OR ANY PART OF THEM, EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. WE MAKE NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. WE ALSO MAKE NO WARRANTY THAT THE RESULTS THAT MAY BE OBTAINED FROM USING THE SERVICES WILL BE ACCURATE OR RELIABLE, OR THAT ANY ERRORS IN THE SERVICES OR TECHNOLOGY WILL BE CORRECTED. WE ARE NOT RESPONSIBLE FOR ANY LOSS, INJURY OR DAMAGES, WHETHER DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL, CAUSED BY THE INTERNET PROVIDER, ANY RELATED SOFTWARE, OR OUR USE OF ANY OF THEM OR ARISING IN ANY WAY FROM THE INSTALLATION, USE, OR MAINTENANCE OF YOUR PERSONAL COMPUTER HARDWARE, SOFTWARE, OR OTHER EQUIPMENT.

Change in Terms. We reserve the right to amend, modify, add to, or delete from this Agreement and Disclosure from time to time by notifying you of such change.  Your use of the Services after receipt of notification of any change by us constitutes your acceptance of the change.

Termination of the Services. You may, by written request, terminate the Services provided for in this Disclosure and Agreement.  You must allow up to three (3) business days for your request to be processed. We may suspend or terminate your use of the Services at any time, with our without cause, without notice to you. In the event of termination of the Services, you will remain liable for all transactions performed on your Account.  Upon termination, (i) you will immediately cease using the Services and (ii) you shall promptly remit all unpaid sums due under this Disclosure and Agreement, if any. Hickam FCU may immediately suspend or terminate your access to the Services in the event that Hickam FCU reasonably determines such suspension or termination is necessary in order to protect the Services or Hickam FCU from harm or compromise of integrity, security, reputation or operation or that you are in breach of this Disclosure and Agreement or are otherwise using the Services in a manner inconsistent with the terms of this Disclosure and Agreement or with applicable law.

Relationship to Other Disclosures.  The information in this Disclosure and Agreement applies only to the Services described herein.  Provisions in other disclosure documents, as may be revised from time to time, remain effective for all other aspects of your Account.

Governing Law. This Agreement is governed by our bylaws, federal laws and regulations, the laws of the State of Hawaii, and local clearinghouse rules, as amended from time to time. Any disputes regarding this Agreement shall be subject to the jurisdiction of the court of the county in which we are located.

Limitations on Frequency and Dollar Amount. We reserve the right to impose limits on the amount(s) that you transmit using the Services and to modify such limits from time to time. You understand and agree that you cannot exceed the limitations on dollar amounts of mobile deposits that are set forth by us.

Eligible Items for Deposit.  You agree to deposit only “checks” as that term is defined in Federal Reserve Board Regulation CC.  You agree that the image of the check transmitted to us shall be deemed an “item” within the meaning of Article 4 of the Uniform Commercial Code as adopted in Hawaii.  For purposes of this Agreement and Disclosure, “check” means a negotiable demand draft that is drawn on:

·          Or payable through or at an office of a bank or credit union; or

·          A state or local government that is not payable through or at a bank or credit union.

For purposes of this Agreement and Disclosure, “item” means an instrument or a promise or order to pay money handled by a financial institution in the U.S. for collection or payment. The term does not include a payment for ACH or wire transfers. Subject to the “Unacceptable Deposits” section below, examples of eligible items for deposit include, but are not limited to, personal, business, and federal, Hawaii State, and local government checks that are made payable to and endorsed by you, are payable in U.S. dollars, and drawn on a financial institution in the U.S.

Unacceptable Deposits. You understand and agree that you are not permitted to deposit the following items using the Services:

1)     Any item drawn on your personal account at Hickam FCU.

2)     Any item that is stamped “non-negotiable” whether in print or as a watermark.

3)     Any item that contains evidence of alteration to the information on the check.

4)     Any item issued to you by a financial institution in a foreign country.

5)     Any item that is incomplete.

6)     Any item that is “postdated” after the date of deposit.

7)     Savings Bonds.

8)     Any third party check, i.e., any item that is made payable to another party and then endorsed to you by such party.

9)     Any check previously converted to a “substitute check,” as defined in Regulation CC.

10)  Any item that is dated more than six (6) months prior to the date of deposit.

11)  Any item that has been re-deposited or returned such as “nonsufficient funds” or “refer to maker” or returned for any other reason.

12)  Cash.

13)  Government-issued warrants.

14)  Any item (including tax refund checks and other government checks) made payable to more than one party, where not all parties are members or signers on the account.

15)  Any item with a qualified endorsement (example: without recourse, John Doe).

16)  Any item with a conditional endorsement (example: pay to the order of John Doe, when car is fixed).

17)  Cashier’s Checks.

18)  Money Orders.

19)  A Traveler’s check drawn on or payable through or at a bank or credit union.

20)  U.S. Treasury Checks; Federal Reserve Bank checks; Federal Home Loan Bank checks.

Deposits of this nature may result in the immediate termination of the Services.

Confidentiality. You acknowledge and agree that confidential data relating to our Services, marketing, strategies, business operations and business systems (collectively, “Confidential Information”) may come into your possession in connection with this Disclosure and Agreement. You understand and agree that you are prohibited from disclosing and agree to maintain the confidentiality of our Confidential Information.

Waiver. The failure of either party to seek a redress for violation, or to insist upon the strict performance, of any covenant, agreement, provision, or condition hereof shall not constitute the waiver of the terms or of the terms of any other covenant, agreement, provision, or condition, and each party shall have all remedies provided herein with respect to any subsequent act which would have originally constituted the violation hereunder.

Force Majeure. You understand and agree that we are not responsible or liable for any loss, liability, damages, expenses, or cost of any kind resulting from any delay or interruption in the Services due to causes beyond our reasonable control.

Other Terms. You may not assign this Disclosure and Agreement.  A determination that any provision of this Disclosure and Agreement is unenforceable or invalid shall not render any other provision of this Disclosure and Agreement unenforceable or invalid.

If you would like to include MOBILE DEPOSIT, please request the service through your Online Banking email. We will verify your eligibility for MOBILE DEPOSIT and notify you with a response within two business days.