Thank you for choosing San Diego County Credit Union’s (“SDCCU’s”) mobile banking service (“Mobile Banking”) which allows you, the user, to access your account information using a mobile phone or electronic device with access to the Internet or connectivity through your mobile phone service provider. Message and data rates may apply. For help text “HELP” to 73228. To cancel your plan, text “STOP” to 73228 at any time. Our participating carriers include (but are not limited to) AT&T, SprintPCS, T-Mobile® , U.S. Cellular®, Verizon Wireless, MetroPCS. Message frequency depends on account settings. Please review the following terms carefully.
3. SERVICES. You can use Mobile Banking to obtain account information and perform certain transactions such as:
SDCCU makes every effort to provide up-to-date and accurate balance information, however, you understand and agree that you are ultimately responsible for the correctness of the balance information supplied. For example, you may have authorized additional transactions which have not yet posted to your account at the time of your balance inquiry (such as writing a check). Any transaction performed via Mobile Banking is subject to standard processing timeframes.
SDCCU retains the right to determine the scope of services available through Mobile Banking, the types of telecommunications equipment and devices acceptable for the purpose of providing Mobile Banking services, and restrict the number of pieces of telecommunications equipment and devices which may be used in conjunction with Mobile Banking.
4. THIRD PARTY SERVICES, SECURITY AND FEES. You agree that unanticipated technical or other difficulties may affect Mobile Banking from time to time. For example, Internet access or connectivity through your mobile phone service provider may not be available or may have limited utility over some mobile networks, such as while roaming, in certain geographic locations, in certain weather conditions, etc. These difficulties may result in loss of data, personalization settings being lost/changed or other interruptions. SDCCU assumes no responsibility for the operation, security, functionality or availability of any electronic device, mobile phone number or mobile network which you utilize to access Mobile Banking. You are responsible for any third party usage costs which may apply. For example, your mobile service provider may assess you fees for data or messaging services. Please consult your service provider for details.
6. RESPONSIBILITY. You authorize SDCCU to act upon any instructions received through Mobile Banking and such instructions shall be deemed correct, complete, irrevocable and binding on you upon receipt. SDCCU is not responsible for instructions not received or for malfunctions in communications and technology not under SDCCU's control that may affect the timeliness or accuracy of the instructions sent. SDCCU reserves the right to cancel or refuse to execute any of your instructions where a legitimate business reason exists, such as risk of loss or fraud.
You agree to take every precaution to ensure the safety, security and integrity of your account and transactions when using the online and mobile service.
You agree not to store non-public personal information, account, or personal data that might compromise the security of your financial relationship with us on your mobile phone/device or, if stored, such information will be encrypted and secured with commercially reasonable security procedures. Such information includes, as an example, account names, account balances, user names and passwords, Social Security Number or Taxpayer Identification Number.
You agree to review regularly and delete all text and other messages sent to and/or received from us that may contain non-public personal or account information.
You agree not to leave your computer or mobile phone/device unattended while logged into the online and mobile service and to log off immediately at the completion of each access of the online and mobile service.
7. MOBILE DEPOSITS. You can make deposits to your savings and checking accounts under one master member number remotely by transmitting images of paper checks with your recognized web-enabled device to SDCCU or SDCCU's designated processor (stand-alone or within mobile banking app). This service is intended for the sole benefit of the accountholder(s).
A. Getting Started.For a list of approved devices as well as hardware and software criteria, visit our website at sdccu.com/mobile-banking. Only one master membership number can be accessed per recognized device. You are responsible for installing and activating any updates made available by SDCCU within seven (7) calendar days.
B. Eligible Checks, Quantity and Image Quality. An "imaged item".is defined as a digitized image of a paper check that is created by you. The imaged item transmitted to SDCCU through Mobile Banking must be legible; must be drawn from a United States ("U.S.") financial institution in U.S. currency; must be payable to you or your joint accountholder (if applicable); must be a new item (not yet presented for payment through any channel) and must contain all of the elements of a legal U.S. check to be an eligible item. A "U.S. check" is a written order instructing a U.S. financial institution to pay upon its presentation to the person designated in it, or to the person possessing it, a certain sum of U.S. money from the account of the person who wrote it. A check must list a payee, the date, the amount, identify the U.S. financial institution where the check can be paid and contain an authorized signature to be valid.
"Drafts" (an order for payment drawn on anyone, including a bank, a person or a trading account with a company), bonds, checks drawn on non-U.S. financial institutions, checks drawn in non-U.S. currency and other items may not be processed through Mobile Banking.
You may not deposit more than $5,000 on any calendar day through Mobile Banking. SDCCU reserves the right to change or impose additional restrictions on the number of items or the total value of items deposited through Mobile Banking.
All checks deposited through Mobile Banking must be endorsed with the following restrictive endorsement: "For Deposit only at SDCCU".
SDCCU must comply with image quality guidelines established by ANSI, the Federal Reserve Board and other regulatory agencies and clearing houses. Accordingly, certain items may not be processed through Mobile Banking and will require that you take the checks to a SDCCU branch or ATM for deposit. SDCCU reserves the right to reject any item transmitted through Mobile Banking, at SDCCU's sole discretion. SDCCU is not responsible for items not received or for images not fully transmitted or that do not meet the standards of eligible checks or image quality.
C. Funds Availability.Provisional credit for funds deposited through Mobile Banking are generally made available by the first business day after the deposit; however, holds may be placed on the funds for a longer period. During such a hold, the funds will show in your account balance and will be eligible to earn dividends if the account pays dividends; however, the funds will not be available to pay checks written, make bill payments, or pay other debits against the account. We will notify you if funds will be held for more than two (2) business days. If an extended hold is required, your deposit may be held up to seven (7) business days.
D. Check Retention, Storage and Destruction. You agree to retain each original paper check submitted for deposit through Mobile Banking for a minimum of ten (10) days and/or until you have been notified that the item has been accepted for deposit and the confirmed deposit appears in your account records. If the check was rejected for any reason, you may NOT re-present the item for payment through Mobile Banking, but instead, you must take it to any of our convenient branch locations for deposit. During the confirmation period, you must store the original paper check in a safe and secure location. You agree to promptly provide any original item upon request.
After a successful deposit, when you are ready to destroy the original item, you must write "VOID" across the item and shred or otherwise destroy the item to ensure that all personal information is no longer legible and the item it is not able to be presented for payment again.
E. Check Processing.You agree that SDCCU has sole discretion regarding the timing of check processing and the order items are presented for payment and collected as allowed by law.
F. Fees.For information regarding fees for mobile check deposit services as well as fees relating to check processing, refer to the Consumer Services Fee Schedule or the Business Services Fee Schedule as applicable. For example, if a check you deposit is returned unpaid, you may be subject to a fee and your account will be debited for the check amount in addition to any other fees that may apply.
8. SUSPENSION/CANCELLATION. You may cancel Mobile Banking by deleting the application from your mobile phone/device (if you have downloaded an application to access Mobile Banking) or you can contact SDCCU by phone at (877) 732-2848, by Secure Message via Internet Branch online banking or by visiting any of our convenient branch locations.
Mobile Banking is automatically terminated if the mobile phone/device service provider suspends or terminates its services in connection with your equipment. SDCCU is not liable to you in the event of such termination. SDCCU reserves the right to modify or suspend the services available through Mobile Banking at any time without notice.
9. UNAUTHORIZED USE. You will be asked to enter your Internet Branch Personal Identification Number (PIN) when accessing Mobile Banking. You are responsible for protecting your PIN to keep it secret and confidential. You must inform SDCCU as soon as reasonably practical if you know or suspect that someone else knows your PIN, if unauthorized transactions have taken place or that your PIN has been lost or stolen. Failure to notify SDCCU may result in you being liable for any unauthorized transactions made. You must promptly examine your SDCCU account statements upon receipt and notify SDCCU immediately if you discover any discrepancies, omissions, inaccuracies or incorrect entries.
10. LICENSE AGREEMENT. SDCCU grants you a personal, limited, non-transferable, non-exclusive, non-sublicensable and non-assignable license (the "License") to download, install and use the software supporting Mobile Banking on your mobile phone/device within the United States and its territories. In the event that you obtain a different mobile phone/device, you may be required to download and install the software to that different wireless device. This License shall be deemed revoked immediately upon (i) cancellation of Mobile Banking services either by you, by any joint accountholder or by SDCCU; (ii) closing/blocking of your SDCCU account and/or your Internet Branch online banking account; (iii) your deletion of the software from your mobile phone/device; or (iv) our notice to you at any time, with or without cause. You agree to promptly delete the software from your mobile phone/device if the License is revoked.
11. USER CONDUCT. You are permitted to use the content delivered to you through Mobile Banking for your personal or business purposes only. You agree you will not use Mobile Banking for any illegal activities.
12. DISCLAIMER OF WARRANTY. MOBILE BANKING AND ALL MATERIALS AND SERVICES CONTAINED HEREIN ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND. ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, ARE HEREBY DISCLAIMED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS OR ARISING OUT OF COURSE OF CONDUCT OR TRADE CUSTOM OR USAGE. YOU UNDERSTAND AND AGREE THAT THE OPERATION OF MOBILE BANKING AND ALL SERVICES THEREIN MAY INVOLVE BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. SDCCU SHALL HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF MOBILE BANKING OR USE OF ANY INFORMATION OR SERVICE ACCESSED THROUGH MOBILE BANKING. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SDCCU THROUGH MOBILE BANKING SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE OF ANY KIND. ALTHOUGH WE HAVE TAKEN MEASURES TO PROVIDE SECURITY FOR COMMUNICATIONS FROM YOU TO SDCCU VIA THIS MOBILE BANKING AND MAY HAVE REFERRED TO SUCH COMMUNICATION AS "SECURED," SDCCU CANNOT AND DOES NOT PROVIDE ANY GUARANTY OR WARRANTY OF SUCH SECURITY.
13. LIMITATION OF LIABILITY. Our liability to you is explained in any agreements, notices, and disclosures that we separately provide to you from time to time regarding your account(s) and electronic banking services and other online financial services. This section explains our liability to you only to the extent that our liability has not been separately disclosed to you by any of these agreements, notices, or disclosures. If we do not complete a transfer or initiate a payment from your account on the payment date or in the correct amount according to our agreement with you, we will be liable for your direct losses or damages. However, there are some exceptions. We will not be liable, for example, if: (a) we process your payment in a timely manner, but the payee rejects your payment or fails to process it in a timely manner; (b) your account does not contain sufficient available funds to make the transfer or payment, or the transfer or payment would exceed the credit limit on any overdraft line you have with us; (c) the money in your account is subject to an uncollected funds hold, legal process or any other encumbrance or claim restricting the transfer or payment; (d) the payee or transaction information you supply to us is incorrect, incomplete or untimely; (e) the system was not working properly and you knew about the problem when you requested the transfer or payment; (f) circumstances beyond our control (such as fire, flood, viruses, computer breakdowns or telecommunication problems) prevent the transaction, despite reasonable precautions that we have taken; (g) you fail to follow our on-screen instructions properly; or (h) a transfer or payment could not be completed due to the system's unavailability. There may be other exceptions stated in our deposit agreement with you. EXCEPT WHERE THE LAW REQUIRES A DIFFERENT STANDARD, SDCCU SHALL NOT BE RESPONSIBLE FOR ANY OTHER DIRECT OR ANY INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, WHETHER FORESEEABLE OR NOT, THAT ARE IN ANY WAY RELATED TO THIS AGREEMENT, MOBILE BANKING AND ALL MATERIALS AND SERVICES CONTAINED WITHIN MOBILE BANKING, INCLUDING, BUT NOT LIMITED TO, MOBILE BANKING, BILL PAYER PLUS AND SD INVEST ONLINE, AND/OR FROM ANY OTHER CAUSE WHATSOEVER.
14. INDEMNITY. You agree to indemnify, defend and hold harmless SDCCU, its officers, directors, shareholders, employees, partners, sponsors, agents, attorneys, representatives, subsidiaries, affiliates, successors and assigns (collectively "Affiliated Parties") from all liabilities, losses, damages, claims and expenses, including reasonable attorneys' fees and costs, whether or not a lawsuit or other proceeding is filed, that in any way arises out of or relates to (a) your breach or violation of this Agreement; (b) your use of Mobile Banking; (c) any transactions or other activities you engage in with any third party service providers, third party merchant Mobile Banking's ("Merchants"), or other third parties who you access by or through this Mobile Banking; (d) your infringement or violation of the intellectual property or other rights of third parties; (e) breach of warranties relating to the accuracy of information on electronic checks as required by Regulation CC; (f) other indemnity obligations SDCCU may have to a payor bank, collecting bank, returning back or other depositary bank for losses resulting from remote deposit capture and/or electronically-created items (e.g., double payment or lack of authorization); and/or (g) your negligence or willful misconduct. In the event you fail to promptly indemnify and defend such claims and/or pay SDCCU's expenses, as provided above, SDCCU shall have the right to defend itself, and in that case, you shall reimburse SDCCU for all of its reasonable attorney's fees, costs and damages incurred in settling or defending such claims within thirty (30) days of each of SDCCU's written requests.
15. TERMINATION. SDCCU reserves the right to terminate this Agreement and your access to Mobile Banking and all services therein, in whole or in part, at any time, for any reason.
16. OUR ASSIGNMENT. SDCCU has the right to assign this Agreement to any now-existing or future direct or indirect subsidiary or affiliate of SDCCU. SDCCU reserves the right to assign or delegate certain of its rights and responsibilities under this Agreement to independent contractors or other third parties as permitted by applicable law.
17. THIRD PARTY SERVICES.We allow access to third party Merchants from which you may purchase certain goods or services. You understand that we do not operate or control the products or services offered by Merchants. Merchants are responsible for all aspects of order processing, fulfillment, product performance and warranties, billing and customer service. We are not a party to the transactions entered into between you and any Merchants. You agree that your use of such Merchants is AT YOUR OWN RISK AND IS WITHOUT WARRANTIES OF ANY KIND BY US, EXPRESSED, IMPLIED, STATUTORY OR OTHERWISE INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS OR ARISING OUT OF COURSE OF CONDUCT OR TRADE CUSTOM OR USAGE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. UNDER NO CIRCUMSTANCES ARE WE LIABLE FOR ANY DAMAGES OR LOSSES ARISING FROM THE TRANSACTIONS BETWEEN YOU AND ANY MERCHANTS OR FOR ANY INFORMATION APPEARING ON MERCHANT SERVICES OR ANY OTHER SERVICE LINKED TO OUR MOBILE BANKING.
18. GOVERNING LAW AND VENUE. This Agreement shall be interpreted and enforced according to the substantive laws of the State of California without application of its conflicts or choice of law rules. You hereby irrevocably submit to the jurisdiction of the state or federal courts located in San Diego County for any action or proceeding regarding this Agreement.
19. AGREEMENT TO ARBITRATE. Unless you are an active duty member of the armed forces or are on active Guard or Reserve duty, or your account otherwise falls under the protections of the Military Lending Act or is otherwise exempt from arbitration under federal law, you agree that any and all claims arising from or relating to this Agreement or any service provided by SDCCU to you shall be subject to binding arbitration under the Federal Arbitration Act ("FAA"). This includes claims based on contract, tort, equity, statute, or otherwise, as well as claims regarding the scope and enforceability of this provision. It includes all claims by or against you, co-members, co-borrowers, SDCCU, and others providing or receiving any product or service related to this Agreement or your account with SDCCU. A single Arbitrator shall decide all claims and shall render a final, written decision. You may choose the American Arbitration Association ("AAA"), Judicial Arbitration and Mediation Service ("JAMS"), or other similar arbitration service provider acceptable to SDCCU to administer the arbitration.
Consistent with the FAA, the appropriate AAA rules, JAMS rules, or other service provider rules shall apply, as determined by the Arbitrator. For AAA and JAMS, these rules are found at www.adr.org and www.jamsadr.com.
Unless otherwise agreed by the parties, the arbitration shall take place in San Diego, California. Each party to the arbitration shall pay his, her, or its own costs of arbitration. If you cannot afford your arbitration costs, you may apply for a waiver under the relevant rules.
The parties waive any right to bring representative claims on behalf of a class of individuals, on behalf of the public, as a private attorney general, or otherwise (the "class action waiver"). This clause may be severed or modified if necessary to render it enforceable under the FAA.
20. DELAY. No delay or failure by SDCCU in exercising any right or remedy against you or any other person shall be construed as a waiver of that right or remedy.
21. LIMITATION ON CAUSES. Any cause of action by you with respect to Mobile Banking and/or any information, products or services related thereto, must be instituted within one (1) year after the cause of action arose or be forever waived and barred. All actions shall be subject to the limitations set forth in this Agreement.
22. SEVERABILITY. The language in this Agreement shall be interpreted as in accordance with its fair meaning and not strictly for or against either party. If any provision of this Agreement is judicially determined to be invalid, void or unenforceable, the remaining provisions shall remain in full force and effect.
23. ATTORNEYS' FEES. In the event a dispute arises regarding this Agreement, the prevailing party shall be entitled to recover its reasonable attorneys' fees and costs, in addition to other relief to which it is entitled.
24. YOUR ASSIGNMENT. Your right to use Mobile Banking is not transferable or delegable, by express grant, operation of law or otherwise. You have no right to assign, transfer, loan, give away, or disclose your password or any right given to you to obtain information or documents.
25. HEADINGS. All headings in this Agreement are for convenience of reference only and do not define or limit the scope of the provisions of this Agreement.
26. INTELLECTUAL PROPERTY RIGHTS. You hereby acknowledge and agree that SDCCU exclusively owns all worldwide right, title and interest in and to all contents, graphics, designs, data, computer codes, ideas, know-how, "look and feel," compilations, magnetic translations, digital conversions and other matters included within Mobile Banking and related to Mobile Banking (collectively "Materials"), and all modifications and derivative works thereof, and all worldwide copyrights, trademarks, service marks, patents, trade dress, trade secrets, moral rights and other intellectual or industrial property rights related thereto. The copying, redistribution, use or publication by you of any of the Materials or any part of Mobile Banking, except as allowed by Section 11, is strictly prohibited. You do not acquire any ownership rights to any of the Materials. Our posting of information or materials on Mobile Banking does not constitute a waiver of any of SDCCU's rights in such Materials. We reserve the right in our sole discretion to add, edit or delete any documents, information or other content appearing on Mobile Banking.
27. TRADEMARKS. You hereby acknowledge and agree that San Diego County Credit Union®, SDCCU®, sdccu.com®, the sailboat logo, Bill Payer PlusTM, TalkTone Teller® and other SDCCU marks on Mobile Banking are either trademarks or service marks of SDCCU and shall remain the exclusive property of SDCCU. Other product and company names mentioned on Mobile Banking may be trademarks of their respective owners.
You agree that calls to and from SDCCU may be monitored and/or recorded and you consent to such monitoring and/or recording. If you object to being monitored or recorded, you must notify us immediately upon contact. Depending on the reason for the call, we may not be able to perform a service if you object to a call being monitored or recorded.
By clicking “I ACCEPT”, you agree to these SDCCU Mobile Banking Terms and Conditions.