Welcome to VyStar Credit Union's Internet Banking.
Please read and accept our Terms and Conditions
VYSTAR CREDIT UNION AGREEMENTS AND DISCLOSURES
The terms and conditions of these Agreements, Disclosures and Terms and Conditions shall apply to and govern your electronic access and use of all VyStar Credit Union ("VyStar") Internet Banking Services and/or Mobile Banking Services ("Service" or "Services") currently offered or that may be offered in the future. In this Agreement, the words "Credit Union" "Branches" "us" "we" "our" "VCU" or "VyStar" means VyStar Credit Union and all agents, independent contractors, designees, or assignees of VyStar. The words "you," "your," "signer," and "owner" refer to you the member(s)/owner(s)/signer(s), as well as anyone you permit to access your to any deposit account or loan account, including, but not limited to savings, checking, money market, credit card, home equity line of credit, or line of credit ("Account(s)"). The word "Services" refers to all internet services, including but not limited to VyStar Internet Banking, Mobile Banking, Mobile Check Deposit, Bill Pay, Transfer Now and Popmoney. All agreements, disclosures, rules and regulations applicable to your Accounts, including other agreements you have with VyStar, now or in the future, remain in effect and are made a part of this Agreement by reference unless specifically modified.
Internet Banking & Mobile Banking Service Terms and Conditions
You agree that by using the Services, or allowing another to access your Account(s) via the Services, that you have received a copy of, and agree to be bound by, the Agreements and Disclosures of the most recent VyStar Membership and Account Agreement, Funds Availability Policy Disclosure, Electronic Funds Transfers Agreement, all applicable loan disclosures, and these Internet Banking Agreements and Disclosures. These Agreements and Disclosures constitute the agreement between you and us related to the Services and supplement any other agreement or disclosure related to any of your Accounts. In the event of a conflict between these Agreements and Disclosures and any other agreement or disclosure related to any of your Accounts, any statement by our employees or agents, or any representation or statement relating to the Services, these Agreements and Disclosures shall control. If any part of these Agreements and Disclosures are deemed invalid, the remainder will remain in full force and effect. VyStar reserves the right to amend, modify, revoke, or cancel the Services and the terms of these Agreements and Disclosures in accordance with applicable law. You may not assign these Agreements and Disclosures, or any of your rights or responsibilities under these Agreements and Disclosures, to any other party. We may assign these Agreements and Disclosures, and any or all of our rights and/or responsibilities under these Agreements and Disclosures, or delegate any or all of such rights and responsibilities, to any third party or parties. We may change the terms and conditions of this Agreement at any time without notice except as required by applicable law. Any required notice may be included in your Credit Union account statement. Continued use of the Service(s) following a change or amendment constitutes your acceptance of any changes or amendments to this Agreement, unless a longer period is required by law. We reserve the right to terminate this Agreement and your use of the Services in whole or in part at any time without prior notice.
VyStar offers its members access to their Account information, perform transactions and manage their money with Services designed to meet your needs.
Enrollment requires identification of your banking relationship with the Credit Union and for Mobile services verification of a mobile device phone number. The Internet Banking and/or Mobile Banking Services will be provided to you on a continuing basis. You may opt out of the either of these services at any time.
The Internet Banking Service, Mobile Banking Service and/or Software may not be available at any time for any reason outside of the reasonable control of the Credit Union or any service provider.
To access Services, you must use your username and password. You will be able to choose your own username and password, provided that it meets our security requirements and is not already in use.
A password is required to access Services in conjunction with your username. To help safeguard your password, you should change it frequently. Your password can be used to access money and information about your Accounts; you are responsible for keeping your password and Account data confidential. You agree you will not provide or give access to your password. Disclosing your password constitutes authorization for use by others and you agree to be liable for their actions, including those of additional parties to whom they may disclose your password, in each case, whether disclosure occurs intentionally or inadvertently.
- Challenge Questions.
In addition to using your username and password to confirm your identity, VyStar utilizes additional security measures to authenticate your identity. Challenge questions will be required when you register for Internet or Mobile Banking. You will be required to select challenge questions from a list provided when you first log into, as well as provide answers to each of those questions. When providing answers to the challenge questions please remember that you, or other joint members, will need to provide the exact answer in the same format if that question is presented for identity confirmation. You will be asked challenge questions when the Service deems additional authentication is needed for Account access. You should safeguard your challenge question answers in the same manner as your password. Select Services also feature enhanced security measures, including but not limited to Password Reset, which allows you to reset your password online should you forget it.
Subject to system availability, you may initiate transactions at any time seven (7) days a week, 24 hours a day. However, Business Days are Monday through Friday, excluding holidays. In accordance with federal regulation, for share savings and money market accounts, you are restricted to a maximum of six (6) transfers or withdrawals during each statement period to another account of yours or to a third party by means of preauthorized or automatic transfer/withdrawal and online or phone request. The transfer and withdrawal limitations are per share account, regardless of the type of transfer or withdrawal. Payments to select VyStar loans may be made as transfers. Loan payments for all loan types with us must be completed on or before the close of business on the payment due date. If the payment due date falls on a weekend or holiday, the loan payment must be in the designated share account or transferred to the loan by the close of business on the preceding Business Day, unless special credit card payment rules apply. Transfers or payments cannot be performed on loans that are in a collection status or 60 or more days past due.
We reserve the right to refuse any transaction that would draw upon insufficient funds, exceed a credit limit, lower an account below a required balance, or otherwise require us to increase our required reserve on the account. We may set other limits on the amount of any transaction, and you will be notified of those limits. We may refuse to honor any transaction for which you do not have sufficient available verified funds. The Service will discontinue if no transaction is entered after numerous unsuccessful attempts to enter a transaction, and there may be limits on the duration of each access.
You may make immediate funds transfers between eligible deposit and loan accounts and schedule recurring transfers for future dates within the same master account. Future dated transfers will occur on the scheduled date. Transfers that are scheduled but fail to take place can be located on the Internal Transfer page under the "Transfer History" column. Review your account disclosures for any restrictions or limitations for internal transfers.
Refer to the current Fee Schedule for fees related to Internet Banking, Mobile Banking and related services. You are responsible for any and all telephone access fees and/or Internet service fees that may be assessed by your telephone and/or Internet service provider. VyStar reserves the right to charge for Services. You will be given notice, in accordance with applicable law, before VyStar implements fees related to the Services.
- Other Charges.
You should note that depending on how you access or use any of the Services, you might incur charges for: any ISP fees; purchase of computer programs such as Financial Management Software (e.g. Quicken, etc.). Refer to the Credit Union Membership and Account Agreement for details; additionally, fees may be assessed for added self-service features available through Internet Banking or Bill Pay. Please refer to the Credit Union's Fee Schedule to see if you are subject to these fees; and, an Insufficient Fund Fee or late fee may also apply if you schedule payments or transfers and your available balance is not sufficient to process the transaction on the date scheduled.
- Messaging and Data Charges.
By participating in the Mobile Banking Service using the software you agree that the Mobile Banking Service 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 according with your service agreement with your mobile service provider. You agree that the Credit Union is not responsible for any charges you may incur while using the Mobile Banking Service or software.
- Electronic Mail (e-mail).
Member initiated e-mail messages will be deemed to have been received on the following Business Day. The Credit Union cannot act on transactions sent by you from an external e-mail address. You must use Internet Banking or Mobile Banking secure email to send instructions or inquiries about your Credit Union Account(s). If for any reason your external e-mail address changes or becomes disabled, please be sure to update your e-mail address within Internet Banking and/or Bill Pay, or contact us to ensure you continue to receive your automated messages.
- Bill Pay.
The Bill Pay Service permits you to direct payments from your designated Bill Pay account to third parties you wish to pay. Your Bill Pay account must be a checking account. Through the Bill Pay Service, you can pay bills from your Bill Pay account to businesses or individuals.
- Additional Provisions Applicable to Consumer Accounts Only
The provisions under this section are applicable only to online electronic fund transfers ("EFTs") that credit or debit an Account owned by one or more individual members and used primarily for personal, family or household purposes. These provisions do not apply to business or other non-consumer Accounts. To the extent that these provisions are subject to the Federal Reserve Board's Regulation E, the Credit Union may rely on any exceptions to these provisions that are contained in Regulation E.
Reporting Unauthorized Transactions, Errors or Questions
Tell us immediately
if you believe:
- Your username or password has been lost or stolen.
- An unauthorized transaction has occurred or may occur involving your Account(s)
You could lose all the money in your Credit Union deposit account plus your maximum overdraft line of credit. You may notify us by telephone, in writing, or by e-mail using the secure e-mail service in our Internet Banking web site. The telephone number and address you may use are: (904) 777-6000 or 800-445-6289, or write to us at VyStar Credit Union, Attn: Call Center, P. O. Box 45085, Jacksonville, FL 32232-5085.
If you believe that an unauthorized person has performed or may perform an unauthorized transaction you should immediately change your username and password.
When you contact us, you will need to provide the following information:
- Your name and account number;
- Describe the electronic 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 the report is made orally, we may require that you send the complaint or question in writing within 10 Business Days of the oral notice. We will notify you with the results of the investigation within 10 Business Days (or 20 Business Days if the transaction was not initiated within the United States or its possessions and territories. For additional information please refer to the Membership Booklet
Your Liability for Unauthorized Use.
You agree it is your responsibility to protect your username or password to protect against unauthorized use. Additionally, you agree to ensure the security of the electronic device used to access your Accounts is secure. You acknowledge and agree that time is of the essence in such situations. Telephoning is the best way of keeping your potential losses to a minimum.
The following determines your liability for any unauthorized EFT or any series of related unauthorized EFTs:
Your Liability for Authorized Use.
- If you notify the Credit Union within two (2) Business Days after you learn of the loss or theft, you can lose no more than $50.00 if someone used your username and password without your permission.
- If you do not notify the Credit Union within two (2) Business Days after you learn of the loss or theft of your username and password, and we can prove that we could have stopped someone from using your username and password without your permission, you could lose as much as $500.00.
For further details refer to the Membership Booklet.
Notwithstanding anything to the contrary in this Agreement, when you give someone your username and password, you are authorizing that person to use the Services, and you are fully responsible for all transactions that person performs while using the Services, as well as any transactions performed by third parties to whom that person provides your username and password, intentionally or inadvertently. All transactions that person performs, even those transactions you did not intend to be performed, are authorized transactions which are binding and for which you are fully responsible until you notify the Credit Union that the authorized person is no longer permitted to conduct transactions on your Accounts. If you believe that an authorized person has performed or may perform an unauthorized transaction you should immediately change your username and password.
Transactions that you or someone else acting with you initiates with fraudulent intent are always authorized transactions.
- Credit Union's Liability.
Our obligations hereunder are limited to receiving and executing, as applicable, your transfer or payment instructions to us in accordance with the terms of this Agreement. If we improperly effect or fail to effect a directed transfer or payment in accordance with the terms of the accepted instruction, we shall reimburse amounts improperly transferred from your Account(s), if and to the extent such reimbursement is required under applicable law, with such interest as may be required by applicable law, within a commercially reasonable time after you notify us of any such error, provided we have verification of the occurrence of such error. We have no further obligation or liability for any loss or expense which you may incur unless such loss or expense is attributable to the gross negligence or willful misconduct of the Credit Union or our agents, including liability for direct or consequential damages, such liability being hereby specifically waived by you in consideration of this Agreement. Unless prohibited by applicable law, under no circumstances will the Credit Union be liable to you in contract, tort or otherwise for special, indirect, incidental, punitive, exemplary or consequential damages including, without limitation, lost profits or attorneys' fees, even if we are advised in advance of the possibility of such damages.
Without limiting the foregoing, we will not be liable:
Unless prohibited by applicable law, under no circumstances will we be liable to you in contract, tort or otherwise for incidental, special, indirect, punitive, exemplary or consequential damages, including, without limitation, lost profits or attorney's fees, even if we are advised in advance of the possibility of damages.
- For erroneous instructions given by you to us.
- If instructions sent by e-mail are intercepted or are not received in time by us.
- If through no fault of the Credit Union, you do not have enough money in your Account to make the transfer or payment.
- If circumstances beyond our control (including, but not limited to, fire, flood, delay in US mail, power outage, interruption in your electrical power or telephone, or equipment or technical defect, malfunction, failure or breakdown) prevents the transfer or payment despite reasonable precautions that we have taken.
- If there is a hold on your Account, or if access to your Account is blocked, or if funds in your Account are otherwise unavailable.
- If your funds are subject to a legal proceeding or other encumbrance restricting the transfer or payment.
- If your transfer or payment authorization terminates by operation of law.
- If the Service, your PC, or modem is not working properly or is temporarily unavailable, and this problem should have been apparent to you when you attempted the transfer or transaction.
- If you have not properly followed the instructions for using the Service.
- If we have received incomplete, inaccurate, conflicting or untimely information from you or a third party involving the Account or transaction.
- If we have a reasonable basis for believing that unauthorized use of your Password or Account has occurred or may be occurring or if you default under this Agreement, the deposit Account agreement, a credit agreement or any other agreement with us, or if we or you terminate this Agreement.
- Additional Provisions Applicable to Business Accounts ONLY.
The provisions set forth in this section apply only to Business Accounts (i.e., Accounts used primarily for business, commercial or agricultural purposes). If you are a business, you agree that the Online Account and any Accounts linked thereto will be used only by Authorized Representatives and only for legitimate business purposes incurred in the ordinary course of their employment or agency with you. Any Authorized Representative of your business shall be authorized, on such terms, conditions, and agreements as we may require, to: enter into this Agreement, as amended from time to time; access each Credit Union Account of yours in any manner and for any purpose available through the Service, whether now available or available at some time in the future; and use any Service in any manner and for any purpose available through the Service, whether now available or available at some time in the future.
- Protecting Your Internet Banking.
You agree that we may send notices and other communications, including either your username or password confirmations, to the current address shown in our records, whether or not that address includes a designation for delivery to the attention of any particular individual. You further agree that the Credit Union will not be responsible or liable to you in any way if information is intercepted by an unauthorized person, either in transit or at your place of business. You agree to: keep your username and password secure and strictly confidential. You are fully responsible for all access and transactions relating to your Online Account and linked Accounts that are made using your username and password, whether or not such access or transactions are authorized by you. The Credit Union will have no liability to you for any unauthorized payment or transfer made using your username and/or password that occurs before you have notified us of possible unauthorized use and we have had a reasonable opportunity to act on that notice. The owners of business and other non-consumer Accounts assume sole responsibility for any such unauthorized use of the username and/or password, and shall indemnify, defend, and hold the Credit Union harmless from any and all claims, losses, damages, liabilities, actions, proceedings, costs and expenses (including reasonable attorneys' fees) related to or arising out of any such unauthorized use. We may suspend or cancel your username and/or password if we suspect your username and/or password(s) are being used in an unauthorized or fraudulent manner. The indemnity obligations in this paragraph shall survive the termination of this Agreement.
- Entitlements (Authorized User(s)) -
You may elect to grant access through Internet Banking to your VyStar Credit Union deposit accounts, loans, line of credit and credit cards accounts to other individuals ("Sub-users") by granting them access through the entitlement service. Account owners wishing to grant this privilege must complete the User Management enrollment process and select shared access or custom access. All services may not be available through the selected access. This access may be granted by consumer and business members.
You are fully responsible for all transactions conducted by any and all Sub-users, and all third parties to whom such Sub-Users may disclose their username and password, whether those transactions are authorized by you or not.
Transactions you or a Sub-user initiate with fraudulent intent will be considered as authorized transactions for which you remain fully responsible.
You further agree that VyStar will not be responsible or liable to you in any way if information is intercepted by an unauthorized person. You agree to: 1) keep your Internet Banking username and password secure and strictly confidential; 2) inform any Sub-users you provide Internet and Mobile Banking access to that he or she is not to disclose their username and password to anyone; 3) if your or any Sub-user's username and password have become known to any unauthorized party it is your responsibility to change username and password immediately.
It is your responsibility to terminate access through Internet Banking for any and all Sub-users that are no longer authorized to have access to your Account(s).
Any and all Sub-users must agree to all conditions set forth within the Internet Banking and Mobile Banking Terms and Conditions.
- Cancellation of Services.
Term and Termination
This Agreement will become effective on the date you sign up for these Services and shall remain in full force and effect until terminated in accordance with the provisions of this Section. Upon termination, you will remain liable for any payments, transfers and other transactions in process, and any accrued fees and charges.
Our Ability to Terminate
We may immediately terminate your Online Account, your Mobile access, and/or any or all of the Services without notice to you under the following circumstances: you do not comply with the terms and conditions of this Agreement or any other agreement governing any one or more of your Credit Union Accounts; your Credit Union Accounts are not maintained in good standing; unauthorized access to your Account due to your negligence; you initiate bankruptcy proceedings; or, you close your membership at the Credit Union.
Your Ability to Terminate
You (or any owner of an Account if there is more than one owner) may terminate this Agreement by notifying the Credit Union and providing your name, address, the Service(s) you are discontinuing, and the termination date of the Service(s). We are not responsible for notifying any other Account owners of the termination. When Bill Pay is terminated, any prescheduled bill payments made through such Service will also be terminated. You may notify the Credit Union by any one of the following methods:
- Through Internet Banking secure mail.
- By calling (904) 777-6000 or (800) 445-6289.
- By writing a letter and either sending it to the following address: P. O. Box 45085, Jacksonville, FL 32232, or by delivering it to a Member Service Representative at any of our branch locations during business hours.
Termination of your Online Account or any of the Services will not terminate your Credit Union Accounts. If you do not sign on to your Internet Banking or initiate a transaction through a Service during any consecutive 60 day period, we may convert your Internet Banking to inactive status. If your Online Account is converted to inactive status, you must contact us to have your Online Account activated before you will be able to schedule any transaction through a Service.
- Disclosure of Account and User Information to Third Parties.
You acknowledge and agree that in connection with your use of the Mobile Banking Service, the Credit Union and its affiliates and service providers, including Fiserv, Inc. and its affiliates ("Fiserv"), may receive and may share with one another 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 the Mobile Banking Service or Software (collectively "User Information"). The Credit Union 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 the Mobile Banking Service 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. The Credit Union and its affiliates and service providers also reserve the right to monitor use of the Mobile Banking Service and 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. Refer to the VyStar Credit Union Privacy Statement
for additional information.
- Restrictions on Use.
You agree not to use the Internet Banking and Mobile Banking Services and Software in or for any illegal, fraudulent, unauthorized or improper manner or purpose and that you will use the Internet Banking and Mobile Banking Service and Software only 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.
- Administration Regulations.
Without limiting the foregoing, you agree that you will not use the Services and 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 whom 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 the Credit Union (in its sole discretion), that is harassing, coercive, defamatory, libelous, abusive, threatening, obscene, or otherwise objectionable, materials that are harmful to minors or excessive in quantity, or materials the transmission of which could diminish or harm the reputation of the Credit Union or any third-party service provider involved in the provision of the Mobile Banking Service; (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 routines 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 the Credit Union, any third-party service provider involved in providing the Services, 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: (i) access any software or services for which your use has not been authorized; (ii) use or attempt to use a third party's account; or (iii) interfere in any manner with the provision of the Services or Software, the security of the Services or Software, or other customers of the Services or Software, or otherwise abuse the Services or Software.
- Use of Mobile Banking Service.
The Mobile Banking Service will not work unless you use it properly. You accept responsibility for making sure that you understand how to use the Mobile Banking Service before you actually do so, and then that you always use the Mobile Banking Service in accordance with the online instructions posted on our website. You also accept responsibility for making sure that you know how to properly use your mobile device and the Software. We may change or upgrade the Mobile Banking Service or Software from time to time. In the event of such changes or upgrades, you are responsible for making sure you that you understand how to use the Mobile Banking Service as changed or upgraded. We will not be liable to you for any losses caused by your failure to properly use the Mobile Banking Service or your mobile device. We reserve the right to modify the scope of the Mobile Banking Service at any time. We reserve the right to refuse to make any transaction you request through the Mobile Banking Service. You agree and understand that the Mobile Banking Service may not be accessible or may have limited utility over some mobile networks, such as while roaming.
Information available via the Mobile Banking Service, including balance, transfer and payment information may differ from the information that is available directly through the Internet Banking site without the use of a mobile device. Information available directly through Internet Banking without the use of a mobile device may not be available via the Mobile Banking Service may be described using different terminology (including capitalized terms used in these Terms and Conditions or on our Internet Banking site(s). The method of entering instructions via the Mobile Banking Service may also differ from the method of entering instructions directly through Internet Banking without the use of a mobile device. We are not responsible for such differences including but not limited to delays, whether or not attributable to your use of the Mobile Banking Service.
Additionally, not all of the products, services or functionality described on the Internet Banking site(s) or in the Internet Banking Agreements and Disclosures may be available when you use a mobile device. Therefore, you may not be eligible to use all the products, services or functionality described when you access or try to access them using a mobile device. The Mobile Banking Service may not be available through all mobile service providers and carriers, and some mobile phones and other wireless devices may not be supported in connection with the Mobile Banking Service. You are responsible for contacting us to determine currently supported mobile service providers, carriers, and mobile devices and for ensuring that you satisfy all technical requirements for using the Mobile Banking Service.
Financial information obtained through the Mobile Banking Service (including, without limitation, any text message alerts) reflects the most recent Account information available. You agree that neither we nor our service providers will be liable for any errors or delays in the content, or for any actions taken in reliance thereon.
- Touch ID ™ and Android Fingerprint Recognition for Mobile Banking.
Touch ID is an optional fingerprint sign-in method for Mobile Banking that is currently available for most Apple ® iPhone devices that have a fingerprint scanner. Android Fingerprint Recognition is an optional fingerprint sign-in method for Mobile Banking. Android Fingerprint Recognition is available for Android devices with a fingerprint scanner running Android OS 6.0 or higher. For Samsung devices, Fingerprint Recognition is not supported on devices released prior to May 2015. To use Touch ID, you will need to save your fingerprint by going to "Settings > Touch ID & Passcode" on your Apple device to complete the setup (For more help with fingerprint scanning, contact Apple support at apple.com/support). To use Fingerprint Recognition for Android, follow your device settings (For more help, contact your mobile carrier). Fingerprints are stored on your device only and VyStar Credit Union never sees or stores your fingerprint information. You acknowledge that by enabling Touch ID or Fingerprint Recognition, you will allow anyone who has a fingerprint stored on your device access to your personal and payment account information within Mobile Banking. VyStar Credit Union reserves the right to suspend or disable these features at any time. Touch ID and Fingerprint Recognition can only be associated with one Mobile Banking username at a time on a device. If your device does not recognize your fingerprint, you can sign in using your password. To use Touch ID or Fingerprint Recognition for Mobile Banking on multiple devices, you will need to set it up for each device. You can enable or disable Touch ID or Fingerprint Recognition anytime from the More menu within Mobile Banking.
Apple and Touch ID are trademarks of Apple Inc. Fingerprint sign-in for Mobile Banking is only available on compatible iOS and Android devices.
- Account Ownership/Accurate Information.
You represent that you are the legal owner of the Accounts you access through the Services and any financial information which may be accessed through the Services. You represent and agree that all information you provide to us in connection with the Services is accurate, current and complete, and that you have the right to provide such information to us for the purpose of operating the Services. 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 the Services only in connection with your proper use of the Services. You may not copy, reproduce, distribute, or create derivative works from this content. Further, you agree not to reverse engineer or reverse compile any Service technology, including, but not limited to, the Software or other mobile device applications associated with the Mobile Banking Service.
- No Commercial Use or Re-Sale.
You agree that the Mobile Banking Service is for personal use only. You agree not to resell or make commercial use of the Mobile Banking Service.
- 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 your 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 the Mobile Banking Service, (ii) termination of the Internet Banking service, (iii) your deletion of the Mobile Banking Service 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 Mobile Banking Service 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 Enabled Devices.
You acknowledge that smartphones and other Web enabled devices, including the mobile device you use to access the Mobile Banking Service, 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 also agree not to use a mobile device that has been altered from the original factory settings. This type of altering is commonly referred to as "Jail Broken" or "unlocked".
You agree to exercise caution when utilizing the Mobile Banking Service application 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 Usernames and passwords) to access the Mobile Banking Services and Internet Banking will remain your responsibility, except as otherwise provided in applicable law, regulation or other agreements between you and the Credit Union.
- Data Recording.
When you use the Services, information you enter to conduct transactions, Account inquiries or other information will be recorded. By using the Services, you consent to such recording. We may also monitor and/or record calls to and from our member service representatives for training purposes or to assure service quality. By using the Services, you consent to such monitoring and/or recording.
- Use of Google Maps.
- Disclaimer of Warranty.
CREDIT UNION MAKES NO WARRANTY, EXPRESS OR IMPLIED, TO YOU CONCERNING THE SERVICES OR ANY EQUIPMENT, SOFTWARE OR BROWSER, OR THE
PERFORMANCE OF ANY OF THEM, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY
OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT
OF THIRD-PARTY RIGHTS, EXCEPT TO THE EXTENT LIMITED OR PROHIBITED BY APPLICABLE LAW.
Notwithstanding anything herein to the contrary, we are not responsible for any liability, loss, damage or injury resulting from: the non-availability, or an interruption or delay in the availability, of any of the Services; any computer virus that you may encounter using the Services; or any failure to obtain access to the Services. We are also not liable for any loss or liability resulting from any failure of your equipment or software, or any act or failure to act by an Internet browser provider or by an ISP.
Except to the extent that we are liable under this Agreement or any agreement that governs your Account with us, you agree to indemnify, defend and hold us and our affiliated companies, and each of our and their directors, officers, employees and agents, harmless from and against any and all claims, demands, liabilities, damages, losses, suits, actions, proceedings, costs and expenses (including reasonable attorneys' fees and costs) arising out of or in any way related to your Online Account or an Account linked thereto or to the Services. This paragraph shall survive the termination of this Agreement.
No Credit Union employee, nor any company affiliated with the Credit Union, will contact you via e-mail or telephone, specifically requesting your Username or Password. If you are contacted by anyone requesting this information, please contact us immediately.
We are not responsible for any electronic virus or viruses, including spyware that you may encounter. You are responsible for how you use your computer and how you use the Services. We suggest that you routinely scan your PC using a virus protection and spyware product. Undetected viruses or spyware may corrupt and destroy your programs, files, and your hardware, as well as hijack personal information that could be used to steal your identity and access your Accounts without your knowledge or authorization.
- No Liability and Hold Harmless.
The Credit Union will use commercially reasonable efforts and ordinary care to provide you with access to the Mobile Banking Service in accordance with these Terms and Conditions. In no event, however, shall the Credit Union be liable for its failure to provide access to the Mobile Banking Service or for your failure to receive message service whether 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 phone or data service or equipment. Without limiting the generality of the foregoing, the Credit Union shall not be liable to you for delays or errors occurring by reason of circumstances beyond the control of the Credit Union, including without limitation, the failure of communication networks and interference with or interruption of internet access or service, the failure of equipment, or any acts of civil, military, or banking authorities, national emergencies, labor difficulties, fire, flood 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. The Credit Union will not be liable for consequential, incidental, special or exemplary damages, or lost profits, even if you advise the Credit Union 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 username and passwords) to connect to the Mobile Banking Service and Internet 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 the Mobile Banking Service. You agree to hold the Credit Union harmless from and against any liability of any character attributable to your use of the Mobile Banking Service, except as otherwise provided in applicable law, regulation or other agreements between you and the Credit Union.
You understand and agree the Services may not be encrypted and will include the display and transmission of personal or confidential information about you, such as your Account activity or status. Delivery and receipt of information, including instructions for payment, transfer and other transactions involving the movement of money, through the Services 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 our control. We 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 the Services, except as otherwise provided in applicable law, regulation or other agreements between you and the Credit Union.
Additionally, you agree that neither we nor our service providers will be liable for any errors in the content of information obtained or transmitted through the Services, 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. We are 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.
Without limiting any of your other obligations to us under the Agreement, you agree to protect and fully compensate us and our affiliates and service providers from any and all claims, actions, causes of action, and other proceedings, and all liability, damages, losses, expenses and costs (including, but not limited to, reasonable attorneys' fees and costs) incurred in connection therewith caused by or arising from your use of the Services, your violation of any of the terms of the Services or your infringement, or infringement by any other user of your Account, of any intellectual property or other right of anyone. This paragraph shall survive the termination of this Agreement.
- Attorneys' Fees and Costs.
If legal action is necessary to enforce this Agreement or collect any amounts owing to Credit Union under this Agreement, Credit Union shall be entitled to payment by you of all our reasonable attorneys' fees and costs, whether incurred before or at trial, on appeal, during any bankruptcy or insolvency proceedings, during any post-judgment collection proceedings, or otherwise.
No delay or omission by us in exercising any rights or remedies hereunder shall impair such right or remedy or be construed as a waiver of any such right or remedy or other right or remedy. Any single or partial exercise of a right or remedy shall not preclude further exercise or the exercise of any other right or remedy.
- Governing Law.
This Agreement shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflicts of law provisions. To the extent that the terms of this Agreement conflict with applicable state or federal law, such state or federal law shall replace such conflicting terms only to the extent required by law.
VYSTAR CREDIT UNION AGREEMENTS AND DISCLOSURES
E-STATEMENT AND E-NOTICE TERMS AND CONDITIONS
The terms and conditions of this Agreement shall apply to and govern the electronic delivery of VyStar Credit Union's periodic statements, loan and credit card statements, notices and disclosures. In this Agreement, the words "Credit Union," "Branches," "us," "we," "our," "VCU," or "VyStar" means VyStar Credit Union. The words "you," "your," "signer," and "owner" refer to you the member(s)/owner(s)/signer(s), as well as anyone you permit to access your deposit or loan account(s), including but not limited to savings, checking, money market, home equity line of credit, credit card and line of credit. The words "e-Statement", "statement" or "electronic statement" refers to the electronic version of your periodic VyStar account statements and credit card statements, if applicable. The words "e-Notice" or "notices" refers to the electronic version of notices, disclosures and communications related to your account. "Electronic Communications" includes, but is not limited to, any and all current and future notices and disclosures that we provide to you electronically, as well as documents, statements, data, records and all other communications regarding your relationship with VyStar. All agreements, disclosures, rules and regulations applicable to your account, including other agreements you have with VyStar, now or in the future, remain in effect and are made a part of this Agreement by reference unless specifically modified.
- CONSENT TO ELECTRONIC DELIVERY.
You specifically agree to receive electronically your periodic VyStar account statement, credit card statement, loan statement, notices, and any other disclosures or communications regarding your relationship with VyStar. You may still receive correspondence and notices via postal service. When statements, notices and/or disclosures are available, you will receive an e-mail message, along with instructions on how to access them. Notice to any account owner will be considered notice to all account owners. Any owner of this VyStar account has the right to establish an e-Statement service for an account.
Use of the VyStar Internet Banking service is required to access your statements, notices, disclosures. You agree not to give or make available to unauthorized individuals your password or other means of access to your account or account records. If you permit other persons access to your account information, you may be responsible for any transactions they conduct on your account(s). If you believe that your password or other means to access your account has been lost or stolen, or that someone may attempt to use your account information without your consent or has transferred money without your permission, you must notify VyStar at once by calling 904-777-6000, option 9, or 800-445-6289, or option 9, during normal business hours.
- WITHDRAWAL OF CONSENT - Electronic delivery of your statements, notices and disclosures is available for all account types. You have the right, upon 10-day notice, to withdraw this consent for electronic delivery of your account statements, notices and disclosures and again receive them by mail in paper form. This action may result in the assessment of fees on certain accounts. Refer to the current Consumer Fee Schedule. You may withdraw your consent by secure mail through VyStar Internet Banking, by written and signed request sent to VyStar Credit Union, P.O. Box 45085, Jacksonville, FL 32232-5085, or by telephone at 904-777-6000, option 9, or 800-445-6289, option 9.
- PAPER VERSION OF ELECTRONIC COMMUNICATIONS.
VyStar provides a history of your statements online for your access. Not all notices are currently available in electronic format and you may receive a notice by mail at the address on file for your account. You may request a paper copy of any eNotice sent to you within 90 days or a paper copy of your account statement by contacting us by telephone at 904-777-6000, or 800-444-6289, secure mail through VyStar Internet Banking or visiting any branch.
- HARDWARE, SOFTWARE AND OPERATING SYSTEM.
You must have a device capable of supporting the current version of one of the following Internet browsers: Internet Explorer, FireFox or Safari. You are responsible for installation, maintenance, and operation of devices used to access VyStar services. VyStar is not responsible for errors or failures from any malfunction of any device used, or attempted to use, for account access. VyStar is also not responsible for viruses or related problems associated with use of any online system. Statements, notices, tax forms and disclosures will be available in a PDF file format; you will need Adobe ® Reader ® or another PDF viewer is required to view the statements, notices, and disclosures and access to a printer to print the documents. Adobe ® Reader ® may be downloaded at the time of retrieval.
- VALID AND CURRENT EMAIL ADDRESS, NOTIFICATIONS AND UPDATES.
Your current valid email address is required in order for you to obtain VyStar Internet Banking Services. You agree to keep VyStar informed of any changes to your email address. You may change your email address through Settings/Services - Personal Information - Changer Username/Password. If you have multiple accounts at VyStar, you are required to update your e-mail address for each account. VyStar may notify you through email when updated disclosures and agreements are available. It is your responsibility to use VyStar Internet Banking regularly to check for Electronic Communications.
- CANCELLATION OF SERVICES.
Electronic delivery of your statements, notices and disclosures will be terminated if you or VyStar terminate your VyStar Internet Banking access. Refer to the Internet Banking Agreements and Disclosures for additional information. After termination of Internet Banking access, paper statements, notices and disclosures will be mailed to the address on file for your account.
Mobile Check Deposit Additional Terms and Conditions
This Mobile Check Deposit Services Agreement ("Agreement") sets forth the terms and conditions for use of VyStar Credit Union's Mobile Banking Application ("the Service") offered by VyStar Credit Union ("Credit Union", "we", "us", "our") to you as a member ("you", "your", or "User") of VyStar Credit Union. The terms and conditions in this Agreement are in addition to the terms and conditions of the Credit Union Account Agreement which otherwise governs your rights and obligations when using your accounts. To the extent there is a conflict between this Agreement and your Account Agreement, the terms and conditions in the Account Agreement shall govern.
The Service is designed to allow you to make deposits to your checking, savings, or money market accounts from home or other remote locations by scanning checks and delivering the images and associated deposit information to the Credit Union or our designated processor. By using the Service, you authorize the Credit Union to convert checks to images or create substitute checks for the purpose of clearing the check.
- Acceptance of these Terms.
Your use of the Services constitutes your acceptance of this Agreement. This Agreement is subject to change from time to time. We will notify you of any material change via e-mail, text message, or on our website(s) by providing a link to the revised Agreement or by an online secure message. You will be prompted to accept or reject any material change to this Agreement the next time you use the Service after the Credit Union has made the change. Your acceptance of the revised terms and conditions along with the continued use of the Services will indicate your consent to be bound by the revised Agreement. Further, the Credit Union reserves the right, in its sole discretion, to change, modify, add, or remove portions from the Services. Your continued use of the Services will indicate your acceptance of any such changes to the Services.
Use of the Service is subject to Credit Union approval. In order to be eligible to use the Service, your account(s) must meet qualification criteria set by the Credit Union. We will review all accounts for which you are signer in order to determine your qualification for the Service. We will notify you of our decision regarding your qualification for the Service.
- Limitations of Service.
When using the Service, you may experience technical or other difficulties and the Service may be unavailable temporarily due to system maintenance or technical difficulties, including those of the Internet service provider, cellular service provider and Internet software. The Credit Union is not responsible for any technical or other difficulties or any resulting loss or damages that you may incur. In the event that the Service is unavailable, you may deposit original checks at our branches or through our ATMs. We reserve the right to change, suspend or discontinue the Service, in whole or in part, or your use of the Service, in whole or in part, immediately and at any time without prior notice to you.
- E-mail Address.
You agree to notify us immediately if you change your e-mail address and that your notification will be made by following our procedures for updating personal information. You understand that the e-mail address that we have on file for you is the address where we will send you notification of receipt of Mobile Deposit Transactions as well as any other information about the Service we deem necessary to communicate to you. We are not responsible for any losses incurred as a result of you not receiving or otherwise not reading notifications or confirmations we send to you.
- Deposit Limits.
We may establish limits on the dollar amount and/or number of items or deposits from time to time. If you attempt to initiate a deposit in excess of these limits, we may reject your deposit. If we permit you to make a deposit in excess of these limits, such deposit will still be subject to the terms of this Agreement, and we will not be obligated to allow such a deposit at other times. We are not responsible for any losses incurred as a result of rejecting deposits that you have made through the Service which exceed your deposit limits.
- Eligible items.
You agree to scan and deposit only checks as that term is defined in Federal Reserve Regulation CC 12CFR 229 ("Reg. CC"). When the image of the check transmitted to Credit Union is converted to an Image Replacement Document for subsequent presentment and collection, it shall thereafter be deemed an "item" within the meaning of Articles 3 and 4 of the Uniform Commercial Code.
- Ineligible Items.
You agree that you will not use the Service to scan and deposit any checks as shown below:
- Checks payable to any person or entity other than you, i.e., third party checks.
- Checks containing alteration to any of the fields on the front of the check or item, or which you know or suspect, or should know or suspect, are fraudulent or otherwise not authorized by the owner of the account on which the check or item is drawn.
- Checks payable jointly, unless deposited into an account in the name of all payees.
- Checks previously converted to a substitute check, as defined in Regulation CC.
- Checks drawn or payable through any foreign bank or a financial institution located outside the United States.
- Checks that are remotely created checks, as defined in Regulation CC.
- Checks not payable in United States currency.
- Checks dated more than 6 months prior to the date of deposit (stale dated checks).
- Checks that are post-dated.
- Checks that are in any way incomplete.
- Checks on which the numerical and written amount are different.
- Checks that have been previously returned unpaid by the financial institution on which they are drawn.
- Checks that are payable to cash.
- Image Quality.
The image of a check transmitted to Credit Union using the Service must consist of legible images of the front and back of the check. The image that is transmitted must be of such quality that the following information can easily be read by sight review of the image:
- The amount of the check;
- The payee;
- The drawer's signature;
- The date of the check,
- The check number;
- Information identifying the drawer and the paying bank that is preprinted on the check in the MICR line, including the routing transit number, account number, check amount when encoded, serial number and process control field;
- Other information placed on the check prior to the time that the image is captured (such as any required identification on the front of the check or any endorsements applied to the back of the check).
Endorsements must be made on the back of the check within 1 1/2 inches from the top edge, although we may accept endorsements outside this space. Your endorsement must include your signature and "For mobile deposit only". Any loss we incur from a delay or processing error resulting from an irregular endorsement or other markings by you will be your responsibility.
A check payable to two payees must be endorsed by both payees. If the check is payable to you or your joint owner, either of you can endorse it. If the check is made payable to you and your joint owner, both of you must endorse the check.
- Receipt of Check Images.
All images processed for deposit through the Service will be treated as "deposits" under your current Account Agreement with us and will be subject to all terms of the Account Agreement. We reserve the right to reject any check image transmitted through the Service, at our discretion, without liability to you. We are not responsible for check images we do not receive or for images that are dropped or become corrupted or illegible during transmission. Receipt of such confirmation does not mean that the transmission was error-free or complete, or that your Authorized Account will not be charged back for the amount of the deposit and any applicable returned deposited item or other fee under the Account Agreement if the check image presented is dishonored or returned unpaid for any reason by the financial institution on which it is drawn.
Following receipt, we may process the image by preparing a "substitute check" or clearing the item as an image.
- Returned Deposits.
If a check that you deposit using the Service is returned or charged back on your account it will be deducted in full from your account along with any fees that are incurred due to the check's rejection as described in our schedule of fees. We are not responsible for any losses incurred as a result of deposits returned on your account. You shall not attempt to deposit or otherwise negotiate an original check if it has been charged back to you.
We may debit any of your accounts to obtain payment for any item that has been rejected or returned, for any adjustment related to such item or for any warranty claim related to such item, whether or not the rejection, return, adjustment or warranty claim was made timely.
- Business Days and Funds Availability.
The Credit Union's general funds availability practices are outlined in our Funds Availability Policy. For purposes of determining the availability funds deposited via the Service, Mobile Transaction Deposits are classified as "not in-person deposits" as defined in Regulation CC. Mobile Deposit Transactions confirmed as received before 5:00 p.m. Eastern Time on a business day will be credited to your account by the following business day as defined within our Funds Availability Policy. Mobile Deposit Transactions confirmed received after 5:00 p.m. Eastern Time and deposits received on a non-business day will be credited to your account the following business day.
- Disposal of Transmitted checks.
After you receive confirmation that we have received an image that you have transmitted, you agree to retain the check for at least 30 calendar days from the date of the image transmission. After the 30 days, you agree to dispose of your check in a manner which will ensure the check will not be presented again, mark the check as "Electronically Presented" or "VOID" or properly store the check to ensure that it is not presented again for payment.
During the time the retained check is available, you agree to promptly provide it to Credit Union upon request. If you fail to promptly provide the original check or a reasonable copy of the check in response to a request by us, you agree to request a new check for deposit from the check's originator. If you fail to provide any copy of a check and cannot obtain a new check from the originator, you agree that we are authorized to debit your account for the amount of the check in question if we deem this action necessary. You will be solely responsible for any losses incurred as a result of the failure to promptly provide a retained check or replacement check in response to our request.
You agree that you will never re-present the original check. You understand that you are responsible if anyone is asked to make a payment based on an original check that has already been paid.
- Hardware and Software.
In order to use the Service, you must obtain and maintain, at your expense, compatible hardware and software. You will also be required to download and install the Service application to your smart phone device from your wireless service provider. The Credit Union is not responsible for any third party software you may need to use the Service. Any such software is accepted by you as is and is subject to the terms and conditions of the software agreement you enter into directly with the third party software provider at time of download and installation. You understand and agree that you are solely responsible for any Internet, cellular, data download other charges that your Internet service provider or wireless service provider may impose for your access to the Internet or download of an application to use the Service.
- Your Warranties.
You make the following warranties and representations with respect to each image:
- Each image 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.
- The amount, payee(s), signature(s), and endorsement(s) on the image and on the original check are legible, genuine, and accurate.
- You will not deposit or otherwise endorse to a third party the original check and no person will receive a transfer, presentment, or return of, or otherwise be charged for, the original check or a paper or electronic representation of the original check such that the person will be asked to make payment based on an item that has already been paid.
- There are no other duplicate images of the original check.
- The original check was authorized by the drawer in the amount stated on the original check and to the payee(s) stated on the original check.
- You are authorized to enforce and obtain payment of the original check.
- You have possession of the original check and no party will submit the original check for payment.
With respect to each image, you make to us all representations and warranties that we make or are deemed to make to any party pursuant to law, regulation or clearinghouse rule. You agree that 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.
- Compliance with Law.
You will use Mobile Deposit for lawful purposes and in compliance with all applicable laws, rules and regulations. You represent and warrant that you will only transmit acceptable items for deposit and have handled the original items in accordance with applicable laws, rules and regulations.
- Mobile Deposit Security.
You will complete each deposit promptly. If you are unable to complete your deposit promptly, you will ensure that your mobile device remains securely in your possession until the deposit has been completed. It is your responsibility to establish and maintain procedures to safeguard against unauthorized deposits. You will notify us immediately by telephone with written confirmation if you learn of any loss or theft of original checks. You will ensure the safety and integrity of original checks from the time of receipt until the time of destruction. If warranted in our reasonable judgment, we reserve the right to monitor your Mobile Deposit activity, and you agree to cooperate with us to permit such monitoring, to confirm that you have satisfied your obligations under this Agreement.
- Your Responsibility.
You are solely responsible for the quality, completeness, accuracy, validity and integrity of the image. You are solely responsible if you, intentionally or unintentionally, submit fraudulent, incorrect or illegible images to us or if Mobile Deposit is used, by authorized or unauthorized persons, to submit fraudulent, unauthorized, inaccurate, incorrect or otherwise improper or unusable images to us.
In addition you agree that you will not modify, change, alter, translate, create derivative works from, reverse engineer, disassemble or decompile the technology or Service, copy or reproduce all or any part of the technology or Service; or interfere, or attempt to interfere, with the technology or Service. We and our technology partners, inclusive of, but not limited to, Fiserv Inc., retain all rights, title and interests in and to the Services, Software and Development made available to you.
- Accountholder's Indemnification Obligation.
You understand and agree that you are required to indemnify us and hold us harmless against any and all claims, actions, losses, damages, liabilities, costs, and expenses, including reasonable attorneys' fees and expenses arising from your use of the Services and/or breach of this Disclosure and Agreement. You understand and agree that this paragraph shall survive the termination of this Agreement.
You understand and agree that you are required to indemnify our technology partners, including but not limited to Fiserv and its affiliates, officers, employees and agents from and against any claims, suits, proceedings, actions or demands, including claims of another financial institution, business entity or governmental authority, and all losses, liabilities, damages, fines, penalties, costs and expenses, including court costs and reasonable attorney fees and expenses, arising from such claims, to the extent such claims are related to the Services or the member's use of the Services, unless such claim directly results from an action or omission made by Fiserv in bad faith. You understand and agree that this paragraph shall survive the termination of this Agreement.
- DISCLAIMER OF WARRANTIES.
YOU AGREE THAT YOUR USE OF ANY REMOTE BANKING SERVICE AND ALL INFORMATION AND CONTENT (INCLUDING THAT OF THIRD PARTIES) IS AT YOUR RISK AND IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE DISCLAIM ALL WARRANTIES OF ANY KIND AS TO THE USE OF ANY REMOTE BANKING SERVICE, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. WE MAKE NO WARRANTY THAT ANY REMOTE BANKING SERVICE WILL MEET YOUR REQUIREMENTS OR WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. WE MAKE NO WARRANTY THAT THE RESULTS THAT MAY BE OBTAINED WILL BE ACCURATE OR RELIABLE OR THAT ANY ERRORS IN ANY REMOTE BANKING SERVICE OR TECHNOLOGY WILL BE CORRECTED.
- LIMITATION OF LIABILITY.
YOU AGREE THAT WE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER LOSSES INCURRED BY YOU OR ANY THIRD PARTY ARISING FROM OR RELATED TO THE USE OF, INABILITY TO USE, OR THE TERMINATION OF THE USE OF ANY REMOTE BANKING SERVICE, 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, EXCEPT AS OTHERWISE REQUIRED BY LAW.
- Financial Information.
You must inform us immediately of any material change in your financial circumstances or in any of the information provided in your Application for any Remote Banking services. You agree to provide us any financial information we reasonably request during the term of this Agreement. You authorize us to review your history from time to time.
We may terminate this Agreement at any time and for any reason. This Agreement shall remain in full force and effect unless and until it is terminated by us. Without limiting the foregoing, this Agreement may be terminated if you breach any term of this Agreement, if you use the Services for any unauthorized or illegal purposes or you use the Services in a manner inconsistent with the terms of your Account Agreement or any other agreement with us.
VYSTAR CREDIT UNION AGREEMENTS AND DISCLOSURES
SHORT-MESSAGE-SERVICE (SMS)/TEXT BANKING TERMS AND CONDITIONS
SUPPLEMENT TO INTERNET BANKING AND MOBILE BANKING TERMS AND CONDITIONS
VyStar Credit Union offers our members mobile access to their account information (e.g., for checking balances and last transactions) over 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 for mobile alerts. 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 through internet or mobile banking. Additionally, customers 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. Message & Data rates may apply. Members will be allowed to opt out of this program at any time.
Send a text message with the word "HELP" to this number: 897827. We can answer any questions you have about the program.
- To Stop the program.
To stop the messages from coming to your phone, you can opt out of the program via SMS. Just send a text that says "STOP" to this number: 897827. You'll receive a one-time opt-out confirmation text message. After that, you will not receive any future messages.
- Terms & Conditions.
By participating in Mobile Banking, you are agreeing to the terms and conditions presented here. All agreements, disclosures, rules and regulations applicable to your account, including other agreements you have with VyStar, now or in the future, remain in effect and are made a part of these terms and conditions by reference unless specifically modified.
- Mobile Banking and any software you may obtain from Mobile Banking ("Software") may not be available at any time for any reason outside of the reasonable control of VyStar Credit Union or any service provider. Participating carriers may vary.
- Privacy and User Information.
Service providers, including Fiserv, Inc. and its affiliates, may receive and may share with one another 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 "User Information"). VyStar Credit Union and its affiliates and service providers will maintain reasonable safeguards to protect the information from unauthorized 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. VyStar Credit Union 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. VyStar Credit Union's Privacy Notice
- 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. 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 whom 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 VyStar Credit Union (in its sole discretion), that is harassing, coercive, defamatory, libelous, abusive, threatening, obscene, or otherwise objectionable, materials that are harmful to minors or excessive in quantity, or materials the transmission of which could diminish or harm the reputation of VyStar Credit Union 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 routines 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 VyStar Credit Union, 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 customers of Mobile Banking or the Software; or (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://maps.google.com/help/legalnotices_maps.html, or other URLs as may be updated by Google.
VYSTAR CREDIT UNION AGREEMENTS AND DISCLOSURES
BILL PAY SERVICE TERMS AND CONDITIONS
All agreements, disclosures, rules and regulations applicable to your account, including other agreements you have with VyStar, now or in the future, remain in effect and are made a part of these Bill Pay Terms and Conditions by reference unless specifically modified.
- SERVICE DEFINITIONS
"Service" means the bill pay service offered by VyStar Credit Union, through its designated service provider.
"Agreement" means these terms and conditions of the bill pay service.
"Biller" is the person or entity to which you wish a bill pay to be directed or is the person or entity from which you receive electronic bills, as the case may be.
"Payment Instruction" is the information provided by you to the Service for a bill pay to be made to the Biller (such as, but not limited to, Biller name, Biller account number, and Scheduled Payment Date).
"Payment Account" is the checking account from which bill pay will be debited.
"Billing Account" is the checking account from which all Service fees will be automatically debited.
"Business Day" is every Monday through Friday, excluding Federal Reserve holidays.
"Scheduled Payment Date" is the day you want your Biller to receive your bill pay and is also the day your Payment Account will be debited, unless the Scheduled Payment Date falls on a non-Business Day in which case it will be considered to be the previous Business Day.
"Due Date" is the date reflected on your Biller statement for which the payment is due; it is not the late date or grace period.
"Scheduled Payment" is a payment that has been scheduled through the Service but has not begun processing.
- PAYMENT SCHEDULING
The earliest possible Scheduled Payment Date for each Biller will be designated within the application when you are scheduling the payment. Therefore, the application will not permit you to select a Scheduled Payment Date less than the earliest possible Scheduled Payment Date designated for each Biller. When scheduling payments you must select a Scheduled Payment Date that is no later than the actual Due Date reflected on your Biller statement unless the Due Date falls on a non-Business Day. If the actual Due Date falls on a non-Business Day, you must select a Scheduled Payment Date that is at least one (1) Business Day before the actual Due Date. Scheduled Payment Dates must be prior to any late date or grace period.
- THE SERVICE GUARANTEE
Due to circumstances beyond the control of the Service, particularly delays in handling and posting payments by Billers or financial institutions, some transactions may take longer to be credited to your account. The Service will bear responsibility for any late payment related charges up to $50.00 should a payment post after its Due Date as long as the payment was scheduled in accordance with the guidelines described under "Payment Scheduling" in this Agreement.
- PAYMENT AUTHORIZATION AND PAYMENT REMITTANCE
By providing the Service with names and account information of Billers to whom you wish to direct payments, you authorize the Service to follow the Payment Instructions that it receives through the payment system. In order to process payments more efficiently and effectively, the Service may edit or alter payment data or data formats in accordance with Biller directives.
When the Service receives a Payment Instruction, you authorize the Service to debit your Payment Account and remit funds on your behalf so that the funds arrive as close as reasonably possible to the Scheduled Payment Date designated by you. You also authorize the Service to credit your Payment Account for payments returned to the Service by the United States Postal Service or Biller, or payments remitted to you on behalf of another authorized user of the Service.
The Service will use its best efforts to make all your payments properly. However, the Service shall incur no liability and any Service Guarantee shall be void if the Service is unable to complete any payments initiated by you because of the existence of any one or more of the following circumstances:
- If, through no fault of the Service, your Payment Account does not contain sufficient funds to complete the transaction or the transaction would exceed the credit limit of your overdraft account;
- The payment processing center is not working properly and you know or have been advised by the Service about the malfunction before you execute the transaction;
- You have not provided the Service with the correct Payment Account information, or the correct name, address, phone number, or account information for the Biller; and/or,
- Circumstances beyond control of the Service (such as, but not limited to, fire, flood, or interference from an outside force) prevent the proper execution of the transaction and the Service has taken reasonable precautions to avoid those circumstances.
Provided none of the foregoing exceptions are applicable, if the Service causes an incorrect amount of funds to be removed from your Payment Account or causes funds from your Payment Account to be directed to a Biller which does not comply with your Payment Instructions, the Service shall be responsible for returning the improperly transferred funds to your Payment Account, and for directing to the proper Biller any previously misdirected transactions, and, if applicable, for any late payment related charges.
- PAYMENT METHODS
The Service reserves the right to select the method in which to remit funds on your behalf to your Biller. These payment methods may include, but may not be limited to, an electronic payment, an electronic to check payment, or a laser draft payment. (funds remitted to the Biller are deducted from your Payment Account when the laser draft is presented to your financial institution for payment).
- PAYMENT CANCELLATION REQUESTS
You may cancel or edit any Scheduled Payment (including recurring payments) by following the directions within the application. There is no charge for canceling or editing a Scheduled Payment. Once the Service has begun processing a payment it cannot be cancelled or edited, therefore a stop payment request must be submitted.
- STOP PAYMENT REQUESTS
The Service's ability to process a stop payment request will depend on the payment method and whether or not a check has cleared. The Service may also not have a reasonable opportunity to act on any stop payment request after a payment has been processed. If you desire to stop any payment that has already been processed, you must contact Customer Service. Although the Service will make every effort to accommodate your request, the Service will have no liability for failing to do so. The Service may also require you to present your request in writing within fourteen (14) days.
- PROHIBITED PAYMENTS
Payments to Billers outside of the United States or its territories are prohibited through the Service. Payments that violate any law, statute, ordinance, or regulation are also prohibited through the Service.
- EXCEPTION PAYMENTS
Tax payments and court ordered payments may be scheduled through the Service, however such payments are discouraged and must be scheduled at your own risk. In no event shall the Service be liable for any claims or damages resulting from your scheduling of these types of payments. The Service Guarantee as it applies to any late payment related charges is void when these types of payments are scheduled and/or processed by the Service. The Service has no obligation to research or resolve any claim resulting from any such payment. All research and resolution for any misapplied, mis-posted or misdirected payments will be the sole responsibility of you and not of the Service.
- BILL DELIVERY AND PRESENTMENT
This feature is for the presentment of electronic bills only and it is your sole responsibility to contact your Billers directly if you do not receive your statements. In addition, if you elect to activate one of the Service's electronic bill options, you also agree to the following:
Information provided to the Biller - The Service is unable to update or change your personal information such as, but not limited to, name, address, phone numbers and e-mail addresses, with the electronic Biller. Any changes will need to be made by contacting the Biller directly. Additionally it is your responsibility to maintain all usernames and passwords for all electronic Biller sites. You also agree not to use someone else's information to gain unauthorized access to another person's bill. The Service may, at the request of the Biller, provide to the Biller your e-mail address, service address, or other data specifically requested by the Biller at the time of activating the electronic bill for that Biller, for purposes of the Biller informing you about Service and/or bill information.
Activation - Upon activation of the electronic bill feature the Service may notify the Biller of your request to receive electronic billing information. The presentment of your first electronic bill may vary from Biller to Biller and may take up to sixty (60) days, depending on the billing cycle of each Biller. Additionally, the ability to receive a paper copy of your statement(s) is at the sole discretion of the Biller. While your electronic bill feature is being activated it is your responsibility to keep your accounts current. Each electronic Biller reserves the right to accept or deny your request to receive electronic bills.
Authorization to obtain bill data - Your activation of the electronic bill feature for a Biller shall be deemed by us to be your authorization for us to obtain bill data from the Biller on your behalf. For some Billers, you will be asked to provide us with your user name and password for that Biller. By providing us with such information, you authorize us to use the information to obtain your bill data.
Notification - The Service will use its best efforts to present all of your electronic bills promptly. In addition to notification within the Service, the Service may send an e-mail notification to the e-mail address listed for your account. It is your sole responsibility to ensure that this information is accurate. In the event you do not receive notification, it is your responsibility to periodically logon to the Service and check on the delivery of new electronic bills. The time for notification may vary from Biller to Biller. You are responsible for ensuring timely payment of all bills.
Cancellation of electronic bill notification - The electronic Biller reserves the right to cancel the presentment of electronic bills at any time. You may cancel electronic bill presentment at any time. The timeframe for cancellation of your electronic bill presentment may vary from Biller to Biller. It may take up to sixty (60) days, depending on the billing cycle of each Biller. The Service will notify your electronic Biller(s) as to the change in status of your account and it is your sole responsibility to make arrangements for an alternative form of bill delivery. The Service will not be responsible for presenting any electronic bills that are already in process at the time of cancellation.
Non-Delivery of electronic bill(s) - You agree to hold the Service harmless should the Biller fail to deliver your statement(s). You are responsible for ensuring timely payment of all bills. Copies of previously delivered bills must be requested from the Biller directly.
Accuracy and dispute of electronic bill - The Service is not responsible for the accuracy of your electronic bill(s). The Service is only responsible for presenting the information we receive from the Biller. Any discrepancies or disputes regarding the accuracy of your electronic bill summary or detail must be addressed with the Biller directly.
This Agreement does not alter your liability or obligations that currently exist between you and your Billers.
- EXCLUSIONS OF WARRANTIES
THE SERVICE AND RELATED DOCUMENTATION ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
- Your Liability for Unauthorized Transfers (Consumer Accounts Only).
For information on your liability for unauthorized transactions please follow this link to section 12 in the Internet Banking Terms and Conditions.
- Errors and Questions.
In case of errors or questions about your transactions, you should as soon as possible notify us via one of the following:
Send a secure message through Internet Banking.
Telephone us at 1-844-596-1027 8:00 AM to 8:00 PM (ET) Monday through Friday
Write us at:
P.O. Box 182477
Columbus OH 43218
If you think your statement is incorrect or you need more information about a Service transaction listed on the statement, we must hear from you no later than sixty (60) days after the FIRST statement was sent to you on which the problem or error appears. You must:
Tell us your name and Service account number;
Describe the error or the transaction in question, and explain as clearly as possible why you believe it is an error or why you need more information; and,
Tell us the dollar amount of the suspected error.
If you tell us verbally, we may require that you send your complaint in writing within ten (10) Business Days after your verbal notification. We will tell you the results of our investigation within ten (10) Business Days after we hear from you, and will correct any error promptly. However, if we require more time to confirm the nature of your complaint or question, we reserve the right to take up to forty-five (45) days to complete our investigation. If we decide to do this, we will provisionally credit your Payment Account within ten (10) Business Days for the amount you think is in error. If we ask you to submit your complaint or question in writing and we do not receive it within ten (10) Business Days, we may not provisionally credit your Payment Account. If it is determined there was no error we will mail you a written explanation within three (3) Business Days after completion of our investigation. You may ask for copies of documents used in our investigation. The Service may revoke any provisional credit provided to you if we find an error did not occur.
- Disclosure of Account Information to Third Parties.
It is our general policy to treat your account information as confidential. However, we will disclose information to third parties about your account or the transactions you make ONLY in the following situations:
- Where it is necessary for completing transactions;
- Where it is necessary for activating additional services;
- In order to verify the existence and condition of your account to a third party, such as a credit bureau or Biller;
- To a consumer reporting agency for research purposes only;
- In order to comply with a governmental agency or court orders; or,
- If you give us your written permission.
- Service Fees and Additional Charges.
Any applicable fees will be charged regardless of whether the Service was used during the billing cycle. There may be a charge for additional transactions and other optional services. You agree to pay such charges and authorize the Service to deduct the calculated amount from your designated Billing Account for these amounts and any additional charges that may be incurred by you. Any financial fees associated with your standard deposit accounts will continue to apply. You are responsible for any and all telephone access fees and/or Internet service fees that may be assessed by your telephone and/or Internet service provider.
- Failed or Returned Transactions.
In using the Service, you are requesting the Service to make payments for you from your Payment Account. If we are unable to complete the transaction for any reason associated with your Payment Account (for example, there are insufficient funds in your Payment Account to cover the transaction), the transaction may not be completed. In some instances, you will receive a return notice from the Service. In such case, you agree that:
- You will reimburse the Service immediately upon demand the transaction amount that has been returned to the Service;
- For any amount not reimbursed to the Service within fifteen (15) days of the initial notification, a late charge equal to 1.5% monthly interest or the legal maximum, whichever rate is lower, for any unpaid amounts may be imposed;
- You will reimburse the Service for any fees imposed by your financial institution as a result of the return;
- You will reimburse the Service for any fees it incurs in attempting to collect the amount of the return from you; and,
- The Service is authorized to report the facts concerning the return to any credit reporting agency.
- Alterations and Amendments.
This Agreement, applicable fees and service charges may be altered or amended by the Service from time to time. In such event, the Service shall provide notice to you. Any use of the Service after the Service provides you a notice of change will constitute your agreement to such change(s). Further, the Service may, from time to time, revise or update the applications, services, and/or related material, which may render all such prior versions obsolete. Consequently, the Service reserves the right to terminate this Agreement as to all such prior versions of the applications, services, and/or related material and limit access to only the Service's more recent revisions and updates. In addition, as part of the Service, you agree to receive all legally required notifications via electronic means.
- Address or Credit Union Changes.
It is your sole responsibility to ensure that the contact information in your user profile is current and accurate. This includes, but is not limited to, name, address, phone numbers and email addresses. Changes can be made either within the Internet Banking application or by contacting Customer Service. Any changes in your Payment Account should also be made in accordance with the procedures outlined within the application's Help files. All changes made are effective immediately for scheduled and future payments paid from the updated Payment Account information. The Service is not responsible for any payment processing errors or fees incurred if you do not provide accurate Payment Account or contact information.
- SERVICE TERMINATION, CANCELLATION, OR SUSPENSION
In the event you wish to cancel the Service, you may have the ability to do so through the product, or you may contact customer service via one of the following:
Send a secure message through Internet Banking.
Telephone us at 1-844-596-1027
Write us at:
VyStar Credit Union
P.O. Box 45085
Jacksonville, FL 32232-5085
Any payment(s) the Service has already processed before the requested cancellation date will be completed by the Service. All Scheduled Payments including recurring payments will not be processed once the Service is cancelled. The Service may terminate or suspend Service to you at any time. Neither termination nor suspension shall affect your liability or obligations under this Agreement.
- Biller Limitation.
The Service reserves the right to refuse to pay any Biller to whom you may direct a payment. The Service will notify you promptly if it decides to refuse to pay a Biller designated by you. This notification is not required if you attempt to make a prohibited payment or an exception payment under this Agreement.
- Returned Payments.
In using the Service, you understand that Billers and/or the United States Postal Service may return payments to the Service for various reasons such as, but not limited to, Biller's forwarding address expired; Biller account number is not valid; Biller is unable to locate account; or Biller account is paid in full. The Service will use its reasonable efforts to research and correct the returned payment and return it to your Biller, or void the payment and credit your Payment Account. You may receive notification from the Service.
- Information Authorization.
Your enrollment in the Service may not be fulfilled if the Service cannot verify your identity or other necessary information. By your enrollment in the Service, you agree that the Service reserves the right to request a review of your credit rating at its own expense through an authorized bureau. In addition, you agree that the Service reserves the right to obtain financial information regarding your account from a Biller or your financial institution (for example, to resolve payment posting problems or for verification).
In the event of a dispute regarding the Service, you and the Service agree to resolve the dispute by looking to this Agreement. You agree that this Agreement is the complete and exclusive statement of the agreement between you and the Service which supersedes any proposal or prior agreement, oral or written, and any other communications between you and the Service relating to the subject matter of this Agreement. If there is a conflict between what an employee of the Service or Customer Service Department says and the terms of this Agreement, the terms of this Agreement will prevail.
You may not assign this Agreement to any other party. The Service may assign this Agreement to any future, directly or indirectly, affiliated company. The Service may also assign or delegate certain of its rights and responsibilities under this Agreement to independent contractors or other third parties.
- No Waiver.
The Service shall not be deemed to have waived any of its rights or remedies hereunder unless such waiver is in writing and signed by the Service. No delay or omission on the part of the Service in exercising any rights or remedies shall operate as a waiver of such rights or remedies or any other rights or remedies. A waiver on any one occasion shall not be construed as a bar or waiver of any rights or remedies on future occasions.
The captions of sections hereof are for convenience only and shall not control or affect the meaning or construction of any of the provisions of this Agreement.
- Governing Law.
This Agreement shall be governed by and construed in accordance with the laws of the State of Georgia, without regard to its conflicts of laws provisions. To the extent that the terms of this Agreement conflict with applicable state or federal law, such state or federal law shall replace such conflicting terms only to the extent required by law. Unless expressly stated otherwise, all other terms of this Agreement shall remain in full force and effect.
THE FOREGOING SHALL CONSTITUTE THE SERVICE'S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY. IN NO EVENT SHALL THE SERVICE BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING LOST PROFITS (EVEN IF ADVISED OF THE POSSIBILITY THEREOF) ARISING IN ANY WAY OUT OF THE INSTALLATION, USE, OR MAINTENANCE OF THE EQUIPMENT, SOFTWARE, AND/OR THE SERVICE.
VYSTAR CREDIT UNION AGREEMENTS AND DISCLOSURES
The following privacy disclosures are provided by VyStar Credit Union (hereinafter "we" or "us") in connection with the Bill Pay, Bill Presentment and PopmoneySM Personal Payments Services (the "Services") offered through our online banking site (the "Site"), and describe the types of "Personal Information" (information that is identifiable to a particular person) that we (directly or through our service providers) collect in connection with the Services, and how we use, share and protect that Personal Information. These disclosures supplement the disclosures that you have already been provided in connection with our Site and the other services offered through the Site. Some of this information is required by U.S. federal law or other law.
- Cookies, Browser Information and Related Issues.
- When you use the Services, we may receive certain standard information that your browser sends to every website you visit, such as the originating IP address, browser type and language, access times and referring website addresses, and other such information. This data may be used, among other uses, to improve the operation of the Services and to improve the security of the Services by assisting in "authenticating" who you are when you access the Services, particularly if you register for a Service and are issued or create a username and password.
- We may also receive additional information about your visit to the portion of the Site that hosts the Services, including the pages you view, the links you click and other actions you take. This data may be used among other uses to improve the operation of the Services and the portion of the Site that hosts the Services.
- Tracking: With respect to personally identifiable information about an individual consumer's online activities over time and across different Web sites or online services when a consumer uses the portion of this Site that hosts the Services, except as required by law: (1) parties other than the operator of this Site are not permitted to collect such information, and (2) the operator of this Site does not collect such information (except any such information that is reasonably necessary to process and document user transactions, such as payment history). Therefore, the portion of this Site that hosts the Services has no need to respond and does not respond to Web browser "do not track" signals or other mechanisms that provide consumers the ability to exercise choice regarding the collection of such information.
- What Types of Personal Information We May Collect.
In addition to the types of information described in section 4 above, we may also collect Personal Information about you. This information may include:
- Social Security number, date of birth, name, postal address, email address, telephone number, and other information that we can use to contact you, verify your identity, and manage risks, such as information maintained about you by identity verification services and consumer reporting agencies, including credit bureaus;
- names of billers for bills that you would like to view and/or pay online, contact information for those billers, and billing account information, including billing account numbers;
- name, email address and telephone number that you provide us for other persons to whom you would like to send payments;
- account information for accounts that you designate for funding or receiving payments, fees, debits and credits for the Services (potentially including account numbers, account balances, billing addresses, and payment card expiration dates and security codes);
- username, password, secret questions and secret answers for resetting passwords, and other authentication credentialing used to verify that only authorized users access the Services; and
- payment and other transaction information, and history for payments and other transactions in which you participate through the Services; and
- Any other Personal Information that you may enter while using the Services.
- How We May Collect Personal Information About You.
We may collect Personal Information about you from the following sources:
- Enrollment applications, survey responses, and other electronic or paper forms that you fill out in connection with the Services;
- Your use of the Services (such as when you send a payment), and your interactions with member service, including information you enter or speak, and information transmitted by your computer, cell phones and other devices you use to connect to the Services; and
- We also collect Personal Information about you from others, as permitted by law, such as individuals who send you payments, credit bureaus, Affiliates or other companies (such as identity verification services and consumer reporting agencies, and companies (such as your billers) that provide content (such as electronic bills) to the Services).
- How We May Share Personal Information About You.
We share Personal Information about you only as permitted by law. For Personal Information that is nonpublic and that we collect in connection with a financial service, U.S. federal law permits us to share the information only:
- for our everyday business purposes - such as to process your transactions, maintain your accounts, respond to court orders and legal investigations, and report to credit bureaus;
- for our marketing purposes - to offer our products and services to you;
- for Joint Marketing with other financial companies;
- for our Affiliates' everyday business purposes (information about your transactions and experiences);
- for our Affiliates' everyday business purposes (information about your creditworthiness);
- for our Affiliates to market to you; and
- for Nonaffiliates to market to you.
Before we can lawfully share such Personal Information as described in (e), (f) or (g), we would be required to offer you an opportunity to opt out, and we will do so if we ever intend to do that. For California residents, and for residents of any other states where it is required, we will obtain your consent prior to sharing Personal Information as described in (g) unless otherwise required or permitted by law. We may lawfully share such Personal Information as described in (a), (b), (c) and (d) without offering an opt-out, and we may do so. For example, to process your payments (an "everyday business purpose" for the PopmoneySM
Personal Payments Service), we need to share Personal Information about you with the person that you are paying or that is paying you, such as your name, the payment amount, and the email address or mobile phone number from which you initiated the payment, but we will do so responsibly and will not share the payment sender's financial account information with the payment receiver or vice versa.
- How We May Use Personal Information About You.
We may use Personal Information about you only as permitted by law, including but not limited to the following purposes:
- To complete transactions and render services authorized by you;
- Other everyday business purposes of ourselves and our Affiliates, such as to maintain your accounts, to authenticate you when you log in, to send you information about the Services that you have subscribed to and other Services offered on the Site, to effect, administer and enforce transactions, to perform fraud screening, to verify your identity, to determine your credit history, to verify the information contained in your account, to report to credit bureaus (including furnishing delinquent account information), to perform collections, to comply with laws, regulations, court orders and lawful instructions from government agencies, to protect the personal safety of subscribers or the public, to defend claims, to resolve disputes, to troubleshoot problems, to enforce our Terms of Service, to protect our rights and property, and to customize, measure, and improve the Services and the content and layout of the Site (including pattern recognition and modeling, system analysis, and service performance analysis); and
- for marketing purposes - to offer products and services to you, and Joint Marketing with other financial companies.
- Affiliates: Companies related by common ownership or control. They can be financial or nonfinancial companies.
- Nonaffiliates: Companies not related by common ownership or control. They can be financial or nonfinancial companies.
- Joint Marketing: A formal agreement between nonaffiliated financial companies that together market financial products or services to you.
- Other Important Information.
- Vermont: Under Vermont law, we will not share information we collect about Vermont residents with companies outside of our Affiliates, unless the law allows. We will not share information about your creditworthiness with our Affiliates except with your consent, but we may share information about our transactions or experiences with you with our Affiliates without your consent.
- California: Under California law, we will not share information we collect about you with Nonaffiliates, unless the law allows. For example, we may share information with your consent, to service your accounts, or to provide rewards or benefits you are entitled to. We will limit sharing among our Affiliates to the extent required by California law.
- Other Important Information.
You may review and update the Personal Information maintained about you in the VyStar Credit Union section of the Site at any time to ensure that it is accurate and up-to-date.
- How We Protect Personal Information About You.
To protect Personal Information about you from unauthorized access and use, we maintain physical, electronic, and procedural safeguards, including but not limited to security measures that comply with applicable federal law. We also require our service providers and business partners to whom we disclose the information to do the same.
- Protection for Former Customers.
When you are no longer our customer or using the Services, we continue to protect, use, and share Personal Information about you as described in this notice and as required by law, including but not limited to for risk management, regulatory compliance, and audit purposes.
- Contacting Us.
In writing: VyStar Credit Union
ATTN: Privacy Management
4949 Blanding Blvd
Jacksonville, FL 32210
Telephone number: 904-777-6000, option 1 or 800-445-6289, option 1