Site Terms and Conditions
When you became a member of Patelco Credit Union, you agreed to be bound by the terms and conditions of the Member Handbook. These Terms and Conditions (“Terms”) supplement the Member Handbook with regard to the particular details of using our products and services online or on a mobile device. BY USING OUR PRODUCTS AND SERVICES ONLINE OR VIA A MOBILE DEVICE, YOU ALSO AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT (the “Terms”). The definitions of names or words used here are the same as in the Handbook. If there is an inconsistency between a description in these Terms and the Handbook, the wording in the Handbook will govern.
These Terms also govern the use of certain Patelco products and services (including products and services provided by third-party vendors chosen by Patelco), some of which may be accessed via non-Patelco sites and non-Patelco apps.
Use of Content
The information and materials contained in the pages of Patelco's web and mobile sites (the "Online Sites"), and the terms, conditions, and descriptions that appear on those sites are subject to change at any time without notice. Not all products and services are available in all geographic areas. Your eligibility for particular products and services is subject to final Patelco Credit Union determination and acceptance.
Information and materials of Patelco Credit Union included in its Online Sites are protected by the copyright laws of the United States and international treaties. The design, text, and graphics of the Online Sites, and the arrangement thereof, are copyright by Patelco Credit Union. Any use of the information and materials included in our Online Sites without the prior written permission of Patelco is prohibited, unless otherwise indicated.
Disclaimer of Warranty
The information, materials, and functions contained in our Online Sites, including text, graphics, links, or other items are provided on an "as is" basis without warranties of any kind, either express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or freedom from computer virus(es). Patelco does not warrant the adequacy, accuracy or completeness of the information and materials included in our Online Sites or in third party sites linked to or from our Online Sites or that the functions provided will be uninterrupted or error-free.
Patelco expressly disclaims any liability for any errors in or omissions from information, materials and functions included in our Online Sites or any third-party sites linked to or from our Online Sites. Our online and mobile service will generally be available to you 24 hours per day, every day of the year except during periods of scheduled or unscheduled maintenance.
Timeliness of Postings
Amounts shown on the Online Sites as share account balances are provisional and subject to reversal if recent deposits are not collected from the institution upon which a deposited item is drawn, and in certain instances, recent transactions may not be reflected. Deposited and withdrawn amounts are also processed in batches at day's end, which may affect the order in which transactions appear on the Online Sites. Loan balances shown on the Online Sites may not reflect all recent activity. You are encouraged to keep track of your transactions and balances apart from what is reflected on the Online Sites.
Disclaimer of Liability
In no event will Patelco be liable for any direct or indirect, special, incidental, consequential or punitive damages, or lost profits arising in connection with use of our Online Sites, any interruption in availability of our Online Sites, delay in operation or transmission, computer virus, loss of data, or otherwise, even if Patelco has been advised of the possibility of such damages or loss.
You are responsible for obtaining and maintaining all hardware and software required to access the Online Sites, with the exception of applications you download from us in order to use our services (e.g. our Mobile App). Patelco will not be liable for any direct or indirect, special, incidental, consequential or punitive damages arising from the use of any hardware or software not obtained directly from Patelco.
Your Online and Mobile Services Responsibilities
You agree to keep current any information about you, your computer, and your mobile device that you have given us in order to use our Online Sites.
You agree to take every precaution to ensure the safety, security and integrity of your account and transactions when using our Online Sites. You agree to exercise commercially reasonable precautions to protect your computer or mobile device from viruses, malware and other malicious applications by maintaining a current anti-virus and anti-malware service. You agree to exercise safeguards to protect your security login information, including without limitation, user name(s), password(s), and answers to security questions. You agree not to store non-public personal information, account, or personal data that might compromise the security of your financial relationship with us on your computer or mobile device.
You agree to notify us immediately if you lose, change or cancel the number of your registered mobile device. You agree to notify us immediately if you believe that your online or mobile accounts or device has been accessed in an unauthorized manner. In the event of compromise of your device, you agree to cancel the mobile service associated with the device immediately. You agree you will be responsible for all transactions and account activity conducted on your computer or mobile device by anyone you have authorized to do so.
Information submitted to Patelco through its Online Sites will become and remain the property of Patelco Credit Union. Patelco will be free to use, for any purpose, any ideas, concepts, know-how, or techniques contained in information provided to Patelco through its Online Sites.
Patelco will collect Online Site usage data to more efficiently offer our members appropriate financial products and services.
Patelco will not be subject to any obligations of confidentiality regarding submitted information except as agreed to by Patelco entity having a direct customer relationship or as otherwise specifically agreed to or required by law. Please see Patelco's privacy policies for our safeguards of our member information.
You may communicate directly with Patelco through our Online Sites, subject to the following conditions:
- You may not upload any information or material that violates any copyright, trademark or other proprietary rights of any person or entity.
- You must not include any obscene, libelous, or defamatory content in your communications.
You hereby indemnify and hold Patelco harmless from any and all damages, losses, and liabilities arising from your communications with us through our Online Sites, except as stated in these Terms.
Online Banking Generally
If you have a personal computer with internet access and we approve your application for computer access to your accounts using Online Banking (also known as Patelco Online™), you can use Online Banking to:
- Obtain account information related to any of your Patelco share or loan accounts, including current balances, checking account history, share dividends and rates, loan interest and balances, and payroll and automatic deductions,
- Transfer funds between accounts if you have authorized the transfers in writing,
- Withdraw funds from savings or checking accounts or obtain loan advances in the form of a check payable to you and mailed to you at your address in our records,
- Transfer money to make Patelco loan payments from any savings or checking account of yours,
- Make bill payments to merchants,
- Download account and loan statements,
- Obtain and submit loan applications,
- Obtain disclosures for your accounts and loans,
- Sign loan documents and authorize us to disburse loan proceeds to you or any payee you designate (not available on real estate-secured loans),
- Establish new share accounts (subject to deposit or transfer of required funds, the joint owner combination may be the same as that on the Member's Savings account),
- Order new or replacement debit, ATM, and credit cards,
- Place stop payment requests (using the MESSAGE CENTER widget and selecting “Stop Payment” as the subject in your message),
- Order and reorder checks,
- View cleared check images,
- Receive special alerts and announcements,
- Update your profile,
- Activate your debit or ATM card, and/or
- Elect to receive email notices and retrieve all periodic statements on your accounts and loans electronically, instead of having paper statements mailed to you.
The services listed in this paragraph are available through Online Banking, but are not considered "electronic funds transfers."
Account Alerts can be sent to you by email or by text message to your mobile device. If you access Online Banking through the internet (and not through personal financial management software) you can set up Alerts regarding activity on your deposit and credit accounts (but not with respect to your investment accounts). You are responsible to input accurate information to set up the Alerts. Alerts do not replace standard communications you receive from us concerning your accounts. We are not responsible for any losses, damages or expenses that may occur connected to the failure of an Alerts. Messages available include:
- Your balance has fallen below a level of your choosing
- A deposit has been made to any of your accounts
- A loan payment that you have set up is coming due
- Someone (including you) has logged into your Online Banking account (email only)
- Summary of account activity (daily or weekly, email only)
- Any time your credit or debit card is used for a signature-based transaction
- Maturing certificate
To use our Bill Pay service, you must qualify for and open a Patelco checking account and you must first sign up for Online Banking.
Bill Pay draws funds from the account you designate and any Overdraft Protection you have established for that account. With Bill Pay, you request bill payment transfers to creditors that we have designated in the user instructions, plus the creditors that you authorize. We cannot process bill payment requests without complete information. We will withdraw the designated funds for bill payment by 9AM on the date you select for payment. We will process the payment within one (1) business day of the date you select for payment. You must allow sufficient time for vendors to process your payment after they receive the transfer from us. Please allow as much time as you would if you were sending your payment by mail.
We cannot guarantee that any payment will be credited to your account by the vendor. You must take up any disputes on this subject directly with the vendor, unless we failed to follow your instructions in a reasonable manner. You can stop Bill Pay payments that have not yet occurred by deleting the payment from Bill Pay. If the payment has already been withdrawn and you notify us immediately by calling 800.358.8228, we may be able to stop the payment if we have not yet sent it to the payee. Once we have sent your payment, you must handle any problems, disputes or questions directly with the payee.
By providing the Bill Pay service with names and account information of billers to whom you wish to direct payments, you authorize us to follow the payment instructions received through the Bill Pay service. In order to process payments more efficiently and effectively, we may edit or alter payment data formats in accordance with directives received directly from the biller.
These Terms do not alter your liability or obligations that currently exist between you and your billers.
When we receive a payment instruction, you authorize us to debit your payment account and remit funds on your behalf so that the funds arrive as close as reasonably possible to your designated scheduled payment date. You also authorize us to credit your payment account for payments returned to us by the biller, or with payments remitted to you on behalf of another authorized user of the Bill Pay service (e.g. refunds).
Bill Pay Guarantee
If we fail to execute your online Bill Pay payment instructions, we will ensure that all resulting late fees and finance charges are removed by the payee, or we will reimburse you for those charges if the payee is unable or unwilling to remove these charges from the account.
The Bill Pay Guarantee only applies to late fees and finance charges. The Guarantee does not cover losses incurred due to missed transactions or opportunities.
The Bill Pay Guarantee has certain limitations, which are listed below. To make a claim for charges you incurred due to our error, send us a secure email to find out how to submit a statement showing the incurred charges.
Terms and Conditions
The Payment Guarantee applies to late fees and/or finance charges associated with the late posting of a payment, provided that the following conditions are met:
- The payment was scheduled for processing at least five (5) business days for electronic payments, or nine (9) business days for check payments prior to the due date, excluding any grace periods. A business day is defined as Monday through Friday, excluding Federal banking holidays. For example, even if a mortgage payment has a 15-day grace period, the payment should be sent on or before the due date.
- We cannot reverse late charges for Exception Payees. These are the following:
a. The Internal Revenue Service (IRS) and other tax entities
b. Any state or other government agency
c. Courts, including for court-ordered payments like alimony, speeding tickets, or child support
d. Insurance companies
e. Collection agencies
f. Payees located in Armed Forces postal codes such as AE and AP
g. Payees being paid for a securities transaction
h. Payees receiving a payment to pay off "special financing" transactions
- The payment was not applied correctly due to the payee's error, i.e., Patelco sent the payment using information you gave us, and that information was correct (as it appears on the payee's records).
Scheduling payments either five (5) or nine (9) days in advance of a due date is required because of the steps a payment makes.
- Electronic payments may take up to three (3) business days to arrive at your payee. After arrival, payees typically credit your account within two (2) business days.
- Check payments may take up to five (5) business days to arrive at your payee. After arrival, payees typically apply your check to your account within three to four (3 to 4) business days.
Patelco will take responsibility for the transaction and will pay late fees for the following:
- Lost, cannot determine reason
- Not sent to payee as scheduled
- Sent to wrong location
- U.S. Mail delay
- Posting delay by payee
The member is responsible for these transaction errors and the charges that result:
- Scheduled incorrect number of days before due date
- Scheduled incorrectly
- Incorrect account information supplied by member
Bill Pay Overdraft Protection
Bill Pay debits that overdraw your checking account can be covered by Overdraft Protection if you have such protection on your checking account. If you do not have an available Overdraft Protection plan, or if your overdraft sources do not have sufficient balances to cover a scheduled Bill Pay debit, we may pay your bill from our funds, overdraw your checking account, and charge you an overdraft fee.
Limitations on Online Banking (including Bill Pay and Mobile Banking)
All transactions are limited to available funds in your accounts plus any Overdraft Protection plan you may have available on checking accounts up to $10,000.
You may not make payments to creditors located outside of the United States or its territories; nor may you make payments in any currency other than U.S. Dollars through the Bill Pay service.
Bill Pay is a service for members to pay their own bills. Patelco accounts are for the personal use of members (same name as membership). Paying bills for other parties is a prohibited business activity, and is grounds for account termination.
Mobile Banking service requires prior enrollment in Online Banking, a mobile device with internet access, and a special software application downloaded to that device. With Mobile Banking you can:
- Transfer funds between your checking, savings and credit line accounts,
- Find out if checks have cleared,
- Verify account balances (except for IRA and HSA accounts and certificates) and
- Pay bills using Bill Pay, plus more.
We may limit the types and number of accounts eligible for Mobile Banking. Mobile Banking may not be supported for all devices/models or for all carriers at all times. We cannot guarantee the availability of underlying data services provided by your mobile carrier. We are not responsible for carrier data outages or "out of range" issues.
You may not add new Billers nor make expedited payments through Mobile Banking.
You agree that at any time and without prior notice we may suspend access to your Mobile Banking if we suspect fraudulent activity or misuse of your mobile device or of the Mobile Banking functionality.
As part of Mobile Banking, we will provide guide(s), FAQs and other information about the services (Documentation), as well as Licensed Software (collectively, “Documentation and Licensed Software”). When you download the application and use the service, you are granted a non-exclusive, nontransferable, limited and revocable right to use the Documentation and Licensed Software solely as contemplated by these Terms and which shall at all times remain the sole and exclusive property of the credit union and member shall have no right, title or interest therein except as expressly provided in these Terms. We reserve the right to protect our rights, title and interest in and to the Documentation and Licensed Software by enforcing our rights against you directly if necessary. This license shall terminate when your membership is terminated, when your permission to use the Licensed Software is terminated, or when these Terms are contravened.
You agree to not reverse, decompile or reverse engineer the Licensed Software.
"Anywhere Deposit" Mobile and Desktop Check Deposit Service
Anywhere Deposit allows you to use software provided by us to create electronic images of paper checks ("Items") as described in the user materials (FAQs) and other guidelines we may communicate from time to time. Our Anywhere Deposit service allows you, our member, to transmit electronic images to us for deposit to your account(s) with us. After we receive your electronic image(s), we, at our sole option, use the electronic image(s) to either (a) create substitute check(s), that we present to the financial institution (paying bank) on which the paper Item is either: (1) drawn or (2) payable at or through (each, "paying bank"); or (b) to generate one or more electronic images (from the original images) for presentment directly or indirectly to the paying bank.
You must be a member in good standing and have sufficient credit to be eligible for this service. We can change the credit criteria we use to qualify members for this service at any time without notice. Regardless of eligibility, there are limits on how much money can be deposited using Anywhere Deposit. The initial limit after signing up for the service is $5,000 per day or $20,000 over a rolling 30 day period. We may increase this limit at our discretion.
Conditions to Provision of the Service
As conditions to our providing the Anywhere Deposit service, you agree that you will: (a) maintain your accounts with us in good standing; (b) meet credit and other standards established by us from time to time and provide financial information as requested by us from time to time; and (c) comply with the guidelines and restrictions regarding the electronic images as we may communicate to you from time to time. You also agree that, absent our written consent, you will not deposit to any personal account any Item that is made payable to any business, and will only deposit Items in your savings or checking accounts that are made payable in the name(s) in which your account is titled.
You can use either a desktop scanner and transmit images of the checks to be deposited using your computer, or you can use a smart mobile device to photograph and transmit the check image to us using the service software.
As part of the Anywhere Deposit service, we will provide guide(s), FAQs and other information about the services ("Documentation"), and Licensed Software. When you download the application and use the service, you are granted a non-exclusive, nontransferable, limited and revocable right to use the Documentation and Licensed Software solely as contemplated by these Terms and which shall at all times remain the sole and exclusive property of the credit union, and member shall have no right, title or interest therein except as expressly provided in these Terms. We reserve the right to protect our rights, title and interest in and to the Documentation and Licensed Software by enforcing our rights against you directly if necessary. This license shall terminate when your membership is terminated, when your permission to use the Licensed Software is terminated, or when these Terms are contravened.
We supply the Licensed Software directly to you for use with a desktop scanner. You download the application for mobile devices from either the App Store (for Apple devices) or the Play Store (for Android devices). You agree to not reverse, decompile or reverse engineer the Licensed Software.
Disposition of Imaged Items (Checks)
You agree that all Items belong to you and not to us and that those Items shall be handled in accordance with the Terms and Conditions and any user materials. After receipt by us of any transmission by you to us of imaged Items for deposit to your savings or checking account, we will acknowledge by electronic means receipt of your transmission. Your electronic transmission is subject to proof and verification. YOU AGREE TO RETAIN THE ORIGINALS OF ALL IMAGED ITEMS AFTER VALIDATION OF DEPOSIT FOR NOT LESS THAN FOURTEEN (14) DAYS or for such time as is required by and in accordance with applicable law, statute, or regulation. We recommend you retain the transmitted check for ninety (90) days, after which you may destroy it. You agree to safeguard the originals of such imaged Items until such time as they have been destroyed.
Responsibility for Multiple Deposits of the Same Item
You agree not to deposit any Item more than once via electronic or other means, either with us or with any other financial institution, whether intentionally or unintentionally, whether as a result of fraud for any other reason whatsoever. You agree that the aggregate amount of any Items which are deposited more than once will be debited from your savings or checking deposit account, and to the extent funds in your account are insufficient to cover such amount, any balance shall be debited by us from any of your other Patelco account in which you have an interest, deposit accounts as determined by us in our sole discretion, subject only to applicable law and regulation. You further acknowledge that you, and not we, are responsible for the processing and handling of any original Items which are imaged and deposited utilizing our electronic imaging services, and you assume all liability to the person who wrote the check of any Item imaged using the services or liability arising from our printing of any substitute check from those images.
You agree that in the event that an electronically captured Item is captured for an incorrect amount, we may make a credit or debit adjustment to your account in order to correct the error.
Processing Your Electronic Imaged Items
If you transmit your Item to us before the cut-off time we separately disclose to you on any day that is a banking day and within our normal business hours, we will review and, if appropriate, process your Item on that banking day. If you transmit your Item to us after the cut-off time (typically 3pm PT) on any banking day, we will review and, if appropriate, may process your electronic image(s) on the next banking day.
When we review and process your electronic imaged Item(s), we may reject any electronic image that we, in our sole discretion, determine to be ineligible, including, without limitation:
- Electronic images of any Item not payable to you
- Electronic images of Items drawn on financial institutions located outside the United States
- Items drawn on U.S. accounts in foreign currency
- Electronic images that are illegible (due to poor image quality or otherwise)
- Electronic images of Items previously processed
- Electronic images previously converted to substitute checks
- Electronic images with unreadable MICR information
- Electronic images of checks that are stale dated (older than 6 months) or postdated
- U. S. Savings Bonds
- Cashier's checks
- U.S. Postal Money Orders
- Traveler's checks
Each banking day on which we review and process your Items, we will notify you of all exception Items. You agree that if you wish to attempt to deposit any exception Item to any of your accounts with us, you will only do so by depositing the original paper Item on which the exception Item is based. You acknowledge and agree that even if we do not initially identify an electronic image as an exception Item may nevertheless be returned to us because, among other reasons, the electronic image is deemed illegible by paying institution. Our failure to identify an exception Item shall not preclude or limit the obligation of you to us. In the event an electronic image is an exception Item because it is illegible or otherwise unusable by us, you must either provide a usable original or copy or, if the original or copy is unusable, obtain a usable document from the maker and submit that usable document to us. Failure to provide a usable version will result in the exception Item being debited from your account.
If the Anywhere Deposit system will not accept a check, either due to a problem with the check or with the system, your alternative is to bring the check to one of our branches.
Availability of Items; Rules Governing Items
We reserve the right to delay availability of funds deposited by Anywhere Deposit until final collection from the paying financial institution. We may, as a courtesy, make funds available for withdrawal sooner.
You can call us at 800.358.8228 to find out if we have received an Anywhere Deposit transmittal or if we have received final payment of the check.
If a deduction of a credit on an Anywhere Deposit on which we do not receive final settlement results in a negative balance in your account, you will be indebted to us, and our Right of Offset and right to recover Collection Costs will apply. You may be subject to a returned deposit fee.
Checks deposited using Anywhere Deposit are governed by applicable law and the rules of NACHA and non-NACHA clearing houses and associations. Please also see the ELECTRONIC FUNDS TRANSFER AGREEMENT AND DISCLOSURE section of the Member Handbook.
Questions about Errors
If you think that a check deposited using Anywhere Deposit shown on your statement is wrong, or if you need more information about the deposit, call us at 800.358.8228 or write to us at Patelco Credit Union, Attn EFT Card Services, PO Box 2227, Merced, CA 95344-0227. Please tell us (a) your name, (b) your account number, (c) the date of the questioned transaction, (d) the amount of the questioned transaction, (e) the type of the questioned transaction and (f) why you believe there is an error. We must hear from you no later than sixty (60) days after we sent you the first statement on which the error or problem appeared or we will not be responsible for the error.
Transaction and balance information provided via the online or mobile service will not replace any statements you currently receive from us. Unless you agree to accept Online Statements (also referred to as eStatements), you will continue to receive the same periodic statements for your accounts as you are already receiving. Your periodic statements will reflect all your online and mobile transactions, each of which will be given a reference number that will appear on your online account summary and will state the amount of each transaction, the type of transaction, the Account charged or credited and the full or abbreviated name of the payee if a payment is involved.
We offer Online Statements for certain of your accounts, allowing you to replace your paper mailed statement with a PDF electronic version that you can view, save to your computer or print at your convenience. YOUR ACCEPTANCE OF THE ONLINE STATEMENT SERVICE CONSTITUTES YOUR REQUEST FOR AND AGREEMENT TO ACCEPT ELECTRONICALLY ANY CHANGES IN TERMS OR OTHER LEGAL NOTICES REGARDING YOUR ACCOUNTS, AND ANY ADVERTISEMENTS OR 11 OTHER INFORMATION THAT WOULD NORMALLY BE INCLUDED IN YOUR PAPER STATEMENT.
Upon enrollment in the Online Statements service, we will send you an email notice each statement cycle advising you that your Online Statement is ready for you to view online.
It is your responsibility to maintain a current and valid email address on record in the online service. Unless otherwise prohibited by law, rule or regulation, if your email is rejected as undeliverable three (3) times, we may discontinue the Online Statement service and reinstate mailing paper statements.
We will store up to five (5) years of your Online Statements in our secure system so you can access them.
Online Transfer Services
You can transfer funds between accounts at Patelco or between Patelco and other financial institutions. Here are the services for transfers:
- Between your Patelco accounts
Using our TRANSFERS widget, you can move money between your Patelco accounts (like checking and savings) or from an account to a credit card or loan account, which acts as a payment.
- To another Patelco member
Using our TRANSFERS widget, you can move money between your Patelco savings, checking or money market to the deposit accounts of another member.
- Between your Patelco accounts and an account at another financial institution
Using our TRANSFERS widget, you can move money between your Patelco savings, checking or money market deposit accounts and accounts in which you are the primary account holder, at other banks or credit unions.
- Directly to or from individuals
Using Zelle®, you can quickly send or request money from family and friends.
Please note that no form of overdraft protection is available for Online Banking account transfers (for example, transfers from checking to regular share savings or transfers from checking to pay loans you have with Patelco Credit Union); instead an overdrawing Online Banking transfer (including any Mobile Banking attempt) will be declined at no charge.
Please refer to the full terms for using Zelle®, contained below.
When you use Online or Mobile Banking, we guarantee that you will be covered 100% for any unauthorized removal of funds from your account(s) while we are handling your transactions. This includes funds removed from your accounts as a result of either (1) online theft of your account details and/or password, or (2) unauthorized online removal of funds from your accounts. This guarantee is void if you fail to exercise reasonable care in maintaining the security of your account details and/or online access devices.
You are responsible for keeping your online user names, passwords, account number(s), personal identification information, and any other account data confidential.
If you fail to exercise reasonable care, your potential liability for unauthorized electronic device access to your Patelco accounts is that set forth in your Member Handbook.
Patelco is responsible for following your written or electronic instructions. We will not be liable for input errors.
To report lost or stolen information or suspected fraudulent activity, please contact us immediately via phone at 800.358.8228, or send us a secure message.
One Time Passcodes for Debit and Credit Card Transactions
When you use your Patelco debit or credit card online to do a transaction (including on non-Patelco sites or apps), we may employ EMV 3DS Secure Code One Time Passcode security if we detect the need for additional assurance that you are really the person doing the transaction. Please read this section carefully and make sure you have fully understood it before using the EMV 3DS Secure Code One Time Passcode service (“OTP”). Using this service after you have read this section shall mean that you have accepted the terms contained here.
How does OTP work?
OTP sends a four-digit numeric code via SMS to your registered mobile device as an additional layer of identity verification to access your online services. This unique code can only be used once and must be entered before you can access your accounts online.
Registration for OTP is not required. If you are not able to enter the one time passcode, or authentication via this service fails, the merchant with whom you carry out online transactions, may not accept your card in payment for that transaction. You agree that Patelco Credit Union shall not be liable in any way for any merchant’s refusal to accept your card(s) for any payment, regardless of what the reasons may be.
- You agree to provide the data required for the transaction authorization process.
- You agree to keep the confidentiality of your card number or personal information that you have entered to this service. If you let someone else use your passcode you will be responsible for all claims, losses and other consequences relating to all transactions that have taken place using this service.
- You understand that OTP can be used only for transactions at the merchants online that have EMV 3DS Secure Code One Time Passcode security.
- You understand that messages and data rates may apply for using this service.
- You understand that cellular carrier is not liable for delayed or undelivered messages.
To the maximum extent permitted by applicable law:
- You agree that Patelco shall not be liable to you or to any third party for any modification, suspension, or discontinuance of OTP.
- You acknowledge and agree Patelco shall not be liable for any loss or damage arising from your failure to comply with these terms.
- Under no circumstances will Patelco be liable for any consequential, incidental, special or indirect losses or for loss of profit, business interruption or loss of business opportunities resulting from your use of OTP, regardless of whether such damages arise in contract, tort (including negligence) or otherwise and regardless of whether Patelco has been advised of, or is aware that such damages have been or may be incurred.
- Patelco will not be responsible for any loss of or damage to your data, software and computer, telecommunications, or other equipment caused by you using OTP unless such loss or damage is directly and solely caused by Patelco’s gross negligence or willful misconduct.
Dealings with Merchants
- You understand that use of OTP does not, in any way, indicate that we recommend or endorse any online merchant or the quality of the merchant's goods or services.
- The service can only be used when shopping at participating online merchants.
- If there is any inconsistency between our internal records, and information relating to your card(s) and related account(s) or your use of OTP, our internal records will prevail in the absence of evidence to the contrary.
Governing Law for OTP
These terms for OTP shall be governed by and construed in accordance with the laws of the State of California.
Patelco Credit Union operates and controls its Online Sites from its offices in the State of California, United States of America. Patelco makes no representation that any information, materials or functions included in its Online Sites are appropriate for use in any other jurisdiction. Choosing to access Patelco’s Online Sites from other locations is on your own initiative and you are responsible for compliance with applicable local laws and regulations.
Your access to and use of Patelco’s Online Sites and these terms are governed by and will be construed in accordance with the law of the State of California without regard to principles of conflicts of laws. In the event any provision of these terms is held unenforceable, it will not affect the validity or enforceability of the remaining provisions and will be replaced by an enforceable provision that comes closest to the intention underlying the unenforceable provision.
Patelco Credit Union’s Privacy Policies
In the information age, Patelco’s commitment to protect your information and your privacy extends to your Online Banking use. While our privacy policies are the same whether you are online or not, we have extra measures in place to protect your privacy when you bank online with Patelco.
ZELLE® and Other Payments Services
THE TERMS AND CONDITIONS BELOW ARE ONLY APPLICABLE TO THE ZELLE® TRANSFER SERVICES. THESE TERMS DO NOT APPLY TO ANY OTHER PRODUCT OR SERVICE OFFERED OR PROVIDED BY PATELCO AND DO NOT GOVERN THE PATELCO MEMBER RELATIONSHIP.
1. Introduction to the General Terms
These terms for using Zelle® (hereinafter “Agreement”) is a contract between you and Patelco Credit Union (hereinafter “we” or “us”) in connection with each service that is described in the rest of this Agreement that applies to services you use from us, as applicable (each, a “Service”) offered through our online banking site or mobile applications (the “Site”). The Agreement consists of these General Terms for each Service (referred to as “General Terms”), and each set of terms that follows after the General Terms that applies to the specific Service you are using from us. This Agreement applies to your use of the Service and the portion of the Site through which the Service is offered.
2. Service Providers
We are offering you the Service through one or more Service Providers that we have engaged to render some or all of the Service to you on our behalf. However, notwithstanding that we have engaged such a Service Provider to render some or all of the Service to you, we are the sole party liable to you for any payments or transfers conducted using the Service and we are solely responsible to you and any third party to the extent any liability attaches in connection with the Service. You agree that we have the right under this Agreement to delegate to Service Providers all of the rights and performance obligations that we have under this Agreement, and that the Service Providers will be third party beneficiaries of this Agreement and will be entitled to all the rights and protections that this Agreement provides to us. Service Provider and certain other capitalized terms are defined in a Definitions section at the end of the General Terms. Other defined terms are also present at the end of each set of Terms that follow after the General Terms, as applicable.
We may amend this Agreement and any applicable fees and charges for the Service at any time by posting a revised version on the Site. The revised version will be effective at the time it is posted unless a delayed effective date is expressly stated in the revision. Any use of the Service after a notice of change or after the posting of a revised version of this Agreement on the Site will constitute your agreement to such changes and revised versions. Further, we may, from time to time, revise, update, upgrade or enhance the Service and/or related applications or material, which may render all such prior versions obsolete. Consequently, we reserve the right to terminate this Agreement as to all such prior versions of the Service, and/or related applications and material, and limit access to only the Service’s more recent revisions, updates, upgrades or enhancements.
4. Our Relationship with You
We are an independent contractor for all purposes, except that we act as your agent with respect to the custody of your funds for the Service. We do not have control of, or liability for, any products or services that are paid for with our Service. We also do not guarantee the identity of any user of the Service (including but not limited to recipients to whom you send payments).
You may not transfer or assign any rights or obligations you have under this Agreement without our prior written consent, which we may withhold in our sole discretion. We reserve the right to transfer or assign this Agreement or any right or obligation under this Agreement at any time to any party. We may also assign or delegate certain of our rights and responsibilities under this Agreement to independent contractors or other third parties.
6. Notices to Us Regarding the Service
Except as otherwise stated below, notice to us concerning the Site or the Service must be sent by postal mail to: 3 Park Place, Dublin, CA 94568. We may also be reached at 800.358.8228 for questions and other purposes concerning the Service. We will act on your telephone calls as described below in Section 22 of the General Terms (Errors, Questions, and Complaints), but otherwise, such telephone calls will not constitute legal notices under this Agreement.
7. Notices to You
You agree that we may provide notice to you by posting it on the Site, sending you an in-product message within the Service, emailing it to an email address that you have provided us, mailing it to any postal address that you have provided us, or by sending it as a text message to any mobile phone number that you have provided us, including but not limited to the mobile phone number that you have listed in your Service setup or customer profile. For example, users of the Service may receive certain notices (such as notices of processed Payment Instructions, alerts for validation and notices of receipt of payments) as text messages on their mobile phones. All notices by any of these methods shall be deemed received by you no later than twenty-four (24) hours after they are sent or posted, except for notice by postal mail, which shall be deemed received by you no later than three (3) business days after it is mailed. You may request a paper copy of any legally required disclosures and you may terminate your consent to receive required disclosures through electronic communications by contacting us as described in Section 6 of the General Terms above. We reserve the right to charge you a reasonable fee not to exceed twenty dollars ($20.00) to respond to each such request. We reserve the right to terminate your use of the Service if you withdraw your consent to receive electronic communications.
8. Text Messages, Calls and/or Emails to You
9. Receipts and Transaction History
You may view your transaction history by logging into the Service and looking at your transaction history. You agree to review your transactions by this method instead of receiving receipts by mail.
10. Your Privacy
11. Privacy of Others
If you receive information about another person through the Service, you agree to keep the information confidential and only use it in connection with the Service.
The Service is offered only to individual residents of the United States who can form legally binding contracts under applicable law. Without limiting the foregoing, the Service is not offered to minors unless the minor is using an Eligible Transaction Account in the name of the minor with a parent or guardian as a co-signor or guarantor. By using the Service, you represent that you meet these requirements and that you agree to be bound by this Agreement.
13. Prohibited Payments
The following types of payments are prohibited through the Service, and we have the right but not the obligation to monitor for, block, cancel and/or reverse such payments:
- Payments to or from persons or entities located in prohibited territories (including any territory outside of the United States); and
- Payments that violate any law, statute, ordinance or regulation; and
- Payments that violate the Acceptable Use terms in Section 14 of the General Terms below; and
- Payments related to: (1) tobacco products, (2) prescription drugs and devices; (3) narcotics, steroids, controlled substances or other products that present a risk to consumer safety; (4) drug paraphernalia; (5) ammunition, firearms, or firearm parts or related accessories; (6) weapons or knives regulated under applicable law; (7) goods or services that encourage, promote, facilitate or instruct others to engage in illegal activity; (8) goods or services that are sexually oriented; (9) goods or services that promote hate, violence, racial intolerance, or the financial exploitation of a crime; (10) goods or services that defame, abuse, harass or threaten others; (11) goods or services that include any language or images that are bigoted, hateful, racially offensive, vulgar, obscene, indecent or discourteous; (12) goods or services that advertise, sell to, or solicit others; or (13) goods or services that infringe or violate any copyright, trademark, right of publicity or privacy, or any other proprietary right under the laws of any jurisdiction; and
- Payments related to gambling, gaming and/or any other activity with an entry fee and a prize, including, but not limited to, casino games, sports betting, horse or dog racing, lottery tickets, other ventures that facilitate gambling, games of skill (whether or not it is legally defined as a lottery) and sweepstakes; and
- Payments relating to transactions that (1) support pyramid or ponzi schemes, matrix programs, other “get rich quick” schemes or multi-level marketing programs, (2) are associated with purchases of real property, annuities or lottery contracts, lay-away systems, off-shore banking or transactions to finance or refinance debts funded by a credit card, (3) are for the sale of items before the seller has control or possession of the item, (4) constitute money-laundering or terrorist financing, (5) are associated with the following “money service business” activities: the sale of traveler’s checks or money orders, currency dealers or exchanges, or check cashing, or (6) provide credit repair or debt settlement services; and
- Tax payments and court ordered payments.
Except as required by applicable law, in no event shall we or our Service Providers be liable for any claims or damages resulting from your scheduling of prohibited payments. We encourage you to provide notice to us by the methods described in Section 6 of the General Terms above of any violations of the General Terms or the Agreement generally.
14. Acceptable Use
You agree that you are independently responsible for complying with all applicable laws in all of your activities related to your use of the Service, regardless of the purpose of the use, and for all communications you send through the Service. We and our Service Providers have the right but not the obligation to monitor and remove communications content that we find in our sole discretion to be objectionable in any way. In addition, you are prohibited from using the Service for communications or activities that: (a) violate any law, statute, ordinance or regulation; (b) promote hate, violence, racial intolerance, or the financial exploitation of a crime; (c) defame, abuse, harass or threaten others; (d) include any language or images that are bigoted, hateful, racially offensive, vulgar, obscene, indecent or discourteous; (e) infringe or violate any copyright, trademark, right of publicity or privacy or any other proprietary right under the laws of any jurisdiction; (f) impose an unreasonable or disproportionately large load on our infrastructure; (g) facilitate any viruses, trojan horses, worms or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information; (h) constitute use of any robot, spider, other automatic device, or manual process to monitor or copy the Service or the portion of the Site through which the Service is offered without our prior written permission; (i) constitute use of any device, software or routine to bypass technology protecting the Site or Service, or interfere or attempt to interfere, with the Site or the Service; or (j) may cause us or our Service Providers to lose any of the services from our internet service providers, payment processors, or other vendors. We encourage you to provide notice to us by the methods described in Section 6 of the General Terms above of any violations of the General Terms or the Agreement generally.
15. Payment Methods and Amounts
There are limits on the amount of money you can send or receive through our Service. Your limits may be adjusted from time-to-time in our sole discretion. For certain Services, you may have the ability to log in to the Site to view your individual transaction limits. We or our Service Provider also reserve the right to select the method in which to remit funds on your behalf though the Service, and in the event that your Eligible Transaction Account is closed or otherwise unavailable to us the method to return funds to you. These payment methods may include, but may not be limited to, an electronic debit, a paper check drawn on the account of our Service Provider, or draft check drawn against your account.
16. Your Liability for Unauthorized Transfers
Immediately following your discovery of an unauthorized Payment Instruction, you shall communicate with customer care for the Service in the manner set forth in Section 6 of the General Terms above. You acknowledge and agree that time is of the essence in such situations. If you tell us within two (2) business days after you discover your password or other means to access your account through which you access the Service has been lost or stolen, your liability is no more than $50 should someone access your account without your permission. If you do not tell us within two (2) business days after you learn of such loss or theft, and we can prove that we could have prevented the unauthorized use of your password or other means to access your account if you had told us, you could be liable for as much as $500. If your monthly financial institution statement contains payments that you did not authorize, you must tell us at once. If you do not tell us within sixty (60) days after the statement was sent to you, you may lose any amount transferred without your authorization after the sixty (60) days if we can prove that we could have stopped someone from taking the money had you told us in time. If a good reason (such as a long trip or a hospital stay) prevented you from telling us, we will extend the time periods specified above to a reasonable period.
It is your responsibility to determine what, if any, taxes apply to the transactions you make or receive, and it is your responsibility to collect, report and remit the correct tax to the appropriate tax authority. We are not responsible for determining whether taxes apply to your transaction, or for collecting, reporting or remitting any taxes arising from any transaction.
18. Failed or Returned Payment Instructions
In using the Service, you are requesting that we or our Service Provider attempt to make payments for you from your Eligible Transaction Account. If the Payment Instruction cannot be completed for any reason associated with your Eligible Transaction Account (for example, there are insufficient funds in your Eligible Transaction Account, or the Payment Instruction would exceed the credit or overdraft protection limit of your Eligible Transaction Account, to cover the payment), the Payment Instruction may or may not be completed. In certain circumstances, our Service Provider may either advance funds drawn on their corporate account or via an electronic debit, and in such circumstances will attempt to debit the Eligible Transaction Account a second time to complete the Payment Instruction. In some instances, you will receive a return notice from us or our Service Provider. In each such case, you agree that:
- You will reimburse our Service Provider immediately upon demand the amount of the Payment Instruction if the payment has been delivered but there are insufficient funds in, or insufficient overdraft credits associated with, your Eligible Transaction Account to allow the debit processing to be completed;
- You may be assessed a late fee equal to one and a half percent (1.5%) of any unpaid amounts plus costs of collection by our Service Provider or their third-party contractor if the Payment Instruction cannot be debited because you have insufficient funds in your Eligible Transaction Account, or the transaction would exceed the credit or overdraft protection limit of your Eligible Transaction Account, to cover the payment, or if the funds cannot otherwise be collected from you. The aforesaid amounts will be charged in addition to any NSF charges that may be assessed by us, as set forth in your Fee Schedule from us (at patelco.org/FeeSchedule) or your account agreement with us. You hereby authorize us and our Service Provider to deduct all of these amounts from your designated Eligible Transaction Account, including by ACH debit;
- Service Provider is authorized to report the facts concerning the return to any credit reporting agency.
19. Address or Banking Changes
It is your sole responsibility and you agree to ensure that the contact information in your user profile is current and accurate. This includes, but is not limited to, name, physical address, phone numbers and email addresses. Depending on the Service, changes may be able to be made within the user interface of the Service or by contacting customer care for the Service as set forth in Section 6 of the General Terms above. We are not responsible for any payment processing errors or fees incurred if you do not provide accurate Eligible Transaction Account, Payment Instructions or contact information.
20. Information Authorization
Additionally, we and our Service Providers may use your information for risk management purposes and may use, store and disclose your information acquired in connection with this Agreement as permitted by law, including (without limitation) any use to effect, administer or enforce a transaction or to protect against or prevent actual or potential fraud, unauthorized transactions, claims or other liability. We and our Service Providers shall have the right to retain such data even after termination or expiration of this Agreement for risk management, regulatory compliance, or audit reasons, and as permitted by applicable law for everyday business purposes. In addition, we and our Service Providers may use, store and disclose such information acquired in connection with the Service in statistical form for pattern recognition, modeling, enhancement and improvement, system analysis and to analyze the performance of the Service. The following provisions in this Section apply to certain Services:
- Mobile Subscriber Information. You authorize your wireless carrier to disclose information about your account, such as subscriber status, payment method and device details, if available, to support identity verification, fraud avoidance and other uses in support of transactions for the duration of your business relationship with us. This information may also be shared with other companies to support your transactions with us and for identity verification and fraud avoidance purposes.
- Device Data. We may share certain personal information and device-identifying technical data about you and your devices with third party service providers, who will compare and add device data and fraud data from and about you to a database of similar device and fraud information in order to provide fraud management and prevention services, which include but are not limited to identifying and blocking access to the applicable service or Web site by devices associated with fraudulent or abusive activity. Such information may be used by us and our third-party service providers to provide similar fraud management and prevention services for services or Web sites not provided by us.
We will not share with service providers any information that personally identifies the user of the applicable device.
21. Service Termination, Cancellation, or Suspension
If you wish to cancel the Service, you may contact us as set forth in Section 6 of the General Terms above. Any payment(s) that have begun processing before the requested cancellation date will be processed by us. You agree that we may terminate or suspend your use of the Service at any time and for any reason or no reason. Neither termination, cancellation nor suspension shall affect your liability or obligations under this Agreement.
22. Errors, Questions, and Complaints
- In case of errors or questions about your transactions, you should as soon as possible contact us as set forth in Section 6 of the General Terms above.
- If you think your periodic statement for your account is incorrect or you need more information about a transaction listed in the periodic statement for your account, we must hear from you no later than sixty (60) days after we send you the applicable periodic statement for your account that identifies the error. You must:
- Tell us your name;
- 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 orally, we may require that you send your complaint in writing within ten (10) business days after your oral notification. Except as described below, we will determine whether an error occurred within ten
- (10) business days after you notify us of the error. We will tell you the results of our investigation within three
- (3) business days after we complete our investigation of the error, 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 Eligible Transaction 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 Eligible Transaction 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. We may revoke any provisional credit provided to you if we find an error did not occur.
23. Intellectual Property
All other marks and logos related to the Service are either trademarks or registered trademarks of us or our licensors. In addition, all page headers, custom graphics, button icons, and scripts are our service marks, trademarks, and/or trade dress or those of our licensors. You may not copy, imitate, or use any of the above without our prior written consent, which we may withhold in our sole discretion, and you may not use them in a manner that is disparaging to us or the Service or display them in any manner that implies our sponsorship or endorsement. All right, title and interest in and to the Service, the portion of the Site through which the Service is offered, the technology related to the Site and Service, and any and all technology and any content created or derived from any of the foregoing, is our exclusive property or that of our licensors. Moreover, any suggestions, ideas, notes, drawings, concepts, or other information you may send to us through or regarding the Site or Service shall be considered an uncompensated contribution of intellectual property to us and our licensors, shall also be deemed our and our licensors’ exclusive intellectual property, and shall not be subject to any obligation of confidentiality on our part. By submitting any such materials to us, you automatically grant (or warrant that the owner of such materials has expressly granted) to us and our licensors a perpetual, royalty-free, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, publicly perform and display, create derivative works from and distribute such materials or incorporate such materials into any form, medium, or technology now known or later developed, and you warrant that all so-called “moral rights” in those materials have been waived, and you warrant that you have the right to make these warranties and transfers of rights.
24. Links and Frames
Links to other sites may be provided on the portion of the Site through which the Service is offered for your convenience.
By providing these links, we are not endorsing, sponsoring or recommending such sites or the materials disseminated by or services provided by them, and are not responsible for the materials, services or other situations at or related to or from any other site, and make no representations concerning the content of sites listed in any of the Service web pages.
Consequently, we cannot be held responsible for the accuracy, relevancy, copyright compliance, legality or decency of material contained in sites listed in any search results or otherwise linked to the Site. For example, if you “click” on a banner advertisement or a search result, your “click” may take you off the Site. This may include links from advertisers, sponsors, and content partners that may use our logo(s) as part of a co-branding agreement. These other sites may send their own cookies to users, collect data, solicit personal information, or contain information that you may find inappropriate or offensive. In addition, advertisers on the Site may send cookies to users that we do not control.
You may link to the home page of our Site. However, you may not link to other pages of our Site without our express written permission. You also may not “frame” material on our Site without our express written permission. We reserve the right to disable links from any third-party sites to the Site.
25. Password and Security
If you are issued or create any password or other credentials to access the Service or the portion of the Site through which the Service is offered, you agree not to give or make available your password or credentials to any unauthorized individuals, and you agree to be responsible for all actions taken by anyone to whom you have provided such credentials. If you believe that your credentials have been lost or stolen or that someone may attempt to use them to access the Site or Service without your consent, you must inform us at once at the telephone number provided in Section 6 of the General Terms above. See also Section 16 of the General Terms above regarding how the timeliness of your notice impacts your liability for unauthorized transfers.
If we have reason to believe that you have engaged in any of the prohibited or unauthorized activities described in this Agreement or have otherwise breached your obligations under this Agreement, we may terminate, suspend or limit your access to or use of the Site or the Service; notify law enforcement, regulatory authorities, impacted third parties, and others as we deem appropriate; refuse to provide our services to you in the future; and/or take legal action against you. In addition, we, in our sole discretion, reserve the right to terminate this Agreement, access to the Site and/or use of the Service for any reason or no reason and at any time. The remedies contained in this Section 26 of the General Terms are cumulative and are in addition to the other rights and remedies available to us under this Agreement, by law or otherwise.
In the event of a dispute regarding the Service, you and we agree to resolve the dispute by looking to this Agreement.
For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000.00 USD, the party requesting relief may elect to resolve the dispute in a cost-effective manner through binding non-appearance-based arbitration. If a party elects arbitration, that party will initiate such arbitration through Judicial Arbitration and Mediation Services (“JAMS”), the American Arbitration Association (“AAA”), or an established alternative dispute resolution (ADR) administrator mutually agreed upon by the parties. The parties agree that the following rules shall apply:
(a) the arbitration may be conducted telephonically, online and/or be solely based on written submissions, at the election of the party initiating the arbitration;
(b) the arbitration shall not involve any personal appearance by the parties, their representatives or witnesses unless otherwise mutually agreed by the parties;
(c) discovery shall not be permitted;
(d) the matter shall be submitted for decision within ninety (90) days of initiation of arbitration, unless otherwise agreed by the parties, and the arbitrator must render a decision within thirty (30) days of submission; and
(e) any award in such arbitration shall be final and binding upon the parties and may be submitted to any court of competent jurisdiction for confirmation.
The parties acknowledge that remedies available under federal, state and local laws remain available through arbitration. NO CLASS ACTION, OTHER REPRESENTATIVE ACTION, OR PRIVATE ATTORNEY GENERAL ACTION, OR JOINDER OR CONSOLIDATION OF ANY CLAIM WITH A CLAIM OF ANOTHER PERSON SHALL BE ALLOWABLE IN ARBITRATION.
28. Law and Forum for Disputes
Unless our account agreement with you states otherwise, this Agreement shall be governed by and construed in accordance with the laws of the State in which you reside, 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. Unless our account agreement with you states otherwise, you agree that any claim or dispute you may have against us (other than those which are arbitrated under Section 28 of the General Terms above) must be resolved by a court located in the county in which you reside. You agree to submit to the personal jurisdiction of such courts for the purpose of litigating all claims or disputes unless said claim is submitted to arbitration under Section 28 of the General Terms of this Agreement. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to this Agreement. BOTH PARTIES AGREE TO WAIVE ANY RIGHT TO HAVE A JURY PARTICIPATE IN THE RESOLUTION OF ANY DISPUTE OR CLAIM BETWEEN THE PARTIES OR ANY OF THEIR RESPECTIVE AFFILIATES ARISING UNDER THIS AGREEMENT.
You agree to defend, indemnify and hold harmless us and our Affiliates and Service Providers and their Affiliates and the employees and contractors of each of these, from any loss, damage, claim or demand (including attorney’s fees) made or incurred by any third party due to or arising out of your breach of this Agreement and/or your use of the Site or the applicable Service.
You release us and our Affiliates and Service Providers and the employees and contractors of each of these, from any and all claims, demands and damages (actual and consequential) of every kind and nature arising out of or in any way connected with any dispute that may arise between you or one or more other users of the Site or the applicable Service. In addition, if applicable to you, you waive California Civil Code §1542, which states that a general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if not known by him must have materially affected his settlement with the debtor.
31. No Waiver
We shall not be deemed to have waived any rights or remedies hereunder unless such waiver is in writing and signed by one of our authorized representatives. No delay or omission on our part 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.
32. Exclusions of Warranties
THE SITE AND SERVICE AND RELATED DOCUMENTATION ARE PROVIDED “AS IS”WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THEIMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. IN PARTICULAR, WE DO NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO ANY PART OF OUR SERVICE, AND OPERATION OF OUR SITE MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE OF OUR CONTROL. SOME STATES DO NOT ALLOW THE DISCLAIMER OF CERTAIN IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU. THIS PARAGRAPH GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.
33. Limitation of Liability
THE FOREGOING SHALL CONSTITUTE YOUR EXCLUSIVE REMEDIES AND THE ENTIRE LIABILITY OF US AND OUR AFFILIATES AND SERVICE PROVIDERS AND THE EMPLOYEES AND CONTRACTORS OF EACH OF THESE, FOR THE SERVICE AND THE PORTION OF THE SITE THROUGH WHICH THE SERVICE IS OFFERED. YOU ACKNOWLEDGE AND AGREE THAT FROM TIME TO TIME, THE SERVICE MAY BE DELAYED, INTERRUPTED OR DISRUPTED PERIODICALLY FOR AN INDETERMINATE AMOUNT OF TIME DUE TO CIRCUMSTANCES BEYOND OUR REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO ANY INTERRUPTION, DISRUPTION OR FAILURE IN THE PROVISION OF THE SERVICE, WHETHER CAUSED BY STRIKES, POWER FAILURES, EQUIPMENT MALFUNCTIONS INTERNET DISRUPTION OR OTHER REASONS. IN NO EVENT SHALL WE OR OUR AFFILIATES OR SERVICE PROVIDERS OR THE EMPLOYEES OR CONTRACTORS OF ANY OF THESE, BE LIABLE FOR ANY CLAIM ARISING FROM OR RELATED TO THE SERVICE CAUSED BY OR ARISING OUT OF ANY SUCH DELAY, INTERRUPTION, DISRUPTION OR SIMILAR FAILURE. IN NO EVENT SHALL WE OR OUR AFFILIATES OR SERVICE PROVIDERS OR THE EMPLOYEES OR CONTRACTORS OF ANY OF THESE, BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING LOSS OF GOODWILL OR LOST PROFITS (EVEN IF ADVISED OF THE POSSIBILITY THEREOF) ARISING IN ANY WAY OUT OF THE INSTALLATION, USE, OR MAINTENANCE OF THE SERVICE OR THE PORTION OF THE SITE THROUGH WHICH THE SERVICE IS OFFERED, EVEN IF SUCH DAMAGES WERE REASONABLY FORESEEABLE AND NOTICE WAS GIVEN REGARDING THEM. IN NO EVENT SHALL WE OR OUR AFFILIATES OR SERVICE PROVIDERS OR THE EMPLOYEES OR CONTRACTORS OF ANY OF THESE BE LIABLE FOR ANY CLAIM ARISING FROM OR RELATED TO THE SERVICE OR THE PORTION OF THE SITE THROUGH WHICH THE SERVICE IS OFFERED THAT YOU DO NOT STATE IN WRITING IN A COMPLAINT FILED IN A COURT OR ARBITRATION PROCEEDING AS DESCRIBED IN SECTIONS 28 AND 29 OF THE GENERAL TERMS ABOVE WITHIN TWO (2) YEARS OF THE DATE THAT THE EVENT GIVING RISE TO THE CLAIM OCCURRED. THESE LIMITATIONS WILL APPLY TO ALL CAUSES OF ACTION, WHETHER ARISING FROM BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY. OUR AGGREGATE LIABILITY, AND THE AGGREGATE LIABILITY OF OUR AFFILIATES AND SERVICE PROVIDERS AND THE EMPLOYEES AND CONTRACTORS OF EACH OF THESE, TO YOU AND ANY THIRD PARTY FOR ANY AND ALL CLAIMS OR OBLIGATIONS RELATING TO THIS AGREEMENT SHALL BE LIMITED TO DIRECT OUT OF POCKET DAMAGES UP TO A MAXIMUM OF $500 (FIVE HUNDRED DOLLARS). SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
34. Complete Agreement, Severability, Captions, and Survival
You agree that this Agreement is the complete and exclusive statement of the agreement between us, sets forth the entire understanding between us and you with respect to the Service and the portion of the Site through which the Service is offered and supersedes any proposal or prior agreement, oral or written, and any other communications between us.
If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. The captions of Sections in this Agreement are for convenience only and shall not control or affect the meaning or construction of any of the provisions of this Agreement. Sections 2, 5-7, 11, 17, 18, 23, and 26-35 of the General Terms, as well as any other terms which by their nature should survive, will survive the termination of this Agreement. If there is a conflict between the terms of this Agreement and something stated by an employee or contractor of ours (including but not limited to its customer care personnel), the terms of the Agreement will prevail.
- “ACH Network” means the funds transfer system, governed by the NACHA Rules, that provides funds transfer services to participating financial institutions.
- “Affiliates” are companies related by common ownership or control.
- “Business day” is every Monday through Friday, excluding Federal Reserve holidays or other days that banks are legally closed.
- “Eligible Transaction Account” is a transaction account from which your payments will be debited, your Service fees, if any, will be automatically debited, or to which payments and credits to you will be credited, that is eligible for the Service. Depending on the Service, an Eligible Transaction Account may include a checking, oney arket or other direct deposit account, credit card account, or debit card account, including any required routing information.
- “Payment Instruction” is the information provided for a payment to be made under the applicable Service, which may be further defined and described below in connection with a specific Service.
- “Payment Network” means a debit or credit network (such as the ACH Network or ACCEL / Exchange payment network) through which funds may be transferred.
- “Service Provider” means companies that we have engaged (and their Affiliates) to render some or all of the Service to you on our behalf.
ZELLE® AND OTHER PAYMENT SERVICES ADDITIONAL TERMS
1. Description of Services
- We have partnered with the Zelle Network® (“Zelle”) to enable a convenient way to transfer money between you and other Users using aliases, such as email addresses or mobile phone numbers (“Zelle Payment Service,” as further described below). Zelle provides no deposit account or other financial services. Zelle neither transfers nor moves money. You may not establish a financial account with Zelle of any kind. All money will be transmitted by a Network Financial Institution. THE ZELLE PAYMENT SERVICE IS INTENDED TO SEND MONEY TO FRIENDS, FAMILY AND OTHERS YOU TRUST. YOU SHOULD NOT USE THE ZELLE PAYMENT SERVICE OR OTHER PAYMENT SERVICES TO SEND MONEY TO RECIPIENTS WITH WHOM YOU ARE NOT FAMILIAR OR YOU DO NOT TRUST. The term “Zelle and Other Payment Terms” means these Zelle and Other Payment Services terms.
- In addition to the Zelle Payment Service, we provide other payment services under these terms of service. First, these additional services allow you to send money to people if you provide the Eligible Transaction Account information and other contact information for the Receiver; such transactions are not sent via Zelle. Second, outside Zelle, we allow you to establish a one-time payment for a payment recipient for which processing shall be initiated at a later specified date up to one (1) year. Third, outside Zelle, we enable you to establish a recurring series of payments to a payment recipient for which processing shall be initiated on dates you specify. These three payment services and any other payment services that we provide under these Zelle and Other Payment Terms are referred to as “Other Payment Services” in these Zelle and Other Payment Terms. Although future-dated payments and recurring payments are outside Zelle, we may ultimately send those transactions via Zelle when the applicable date of payment arrives, in which case the applicable payment transaction is part of the Zelle Payment Service, not the Other Payment Services. The term “Zelle and Other Payment Services” means the Zelle Payment Service and the Other Payment Services.
- The Zelle Payment Service allows for the delivery of payments to Receivers who are also enrolled in the Zelle Payment Service through a Payment Network designed to deliver payments on the same day and potentially within minutes, although actual speed will vary, as described below. The Zelle and Other Payment Services are not instantaneous. Payment delivery speed may vary based upon the fraud, risk and other funds availability policy of each financial institution and Payment Network availability. We are not responsible for the performance, speed, or other acts or omissions of the Payment Networks that may be involved in the transmission of a payment. We shall not be obligated to comply with the Automated Clearinghouse (ACH) Rules in such recovery efforts or otherwise in connection with Zelle and Other Payments unless the applicable transaction is transmitted through the ACH network. We are only responsible for delivery of the applicable Payment Instructions to the applicable Payment Network in the format required by the applicable Payment Network’s specifications.
2. Payment Authorization and Payment Remittance
- Section 12 of the General Terms do not apply to the Zelle Payment Service. When you enroll to use the Zelle Payment Service or when you permit others to whom you have delegated to act on your behalf to use or access the Zelle Payment Service, you agree to the terms and conditions of this Agreement. You represent that you have the authority to authorize debits and credits to the enrolled bank account. In addition to the restrictions set forth in Section 13 of the General Terms, you agree that you will not use the Zelle and Other Payment Services to send money to anyone to whom you are obligated for tax payments, payments made pursuant to court orders (including court-ordered amounts for alimony or child support), fines, payments to loan sharks, gambling debts or payments otherwise prohibited by law, and you agree that you will not use the Zelle and Other Payment Services to request money from anyone for any such payments. The Zelle and Other Payment Services are intended for personal, not business or commercial use. You agree that you will not use the Zelle and Other Payment Services to send or receive payments in connection with your business or commercial enterprise. We reserve the right to decline your enrollment if we believe that you are enrolling to use the Zelle and Other Payment Services with your business account or to receive business or commercial payments. We further reserve the right to suspend or terminate your use of the Zelle Payment Service if we believe that you are using the Zelle Payment Service for business or commercial purposes.
- You must provide us with an email address that you regularly use and intend to use regularly (i.e., no disposable email addresses) and a permanent mobile phone number that you intend to use for an extended period of time (i.e., no “burner” numbers). You may not enroll in the Service with a landline phone number, Google Voice number, or Voice over Internet Protocol. Once enrolled, you may: (i) authorize a debit of your account to send money to another User either at your initiation or at the request of that User; and (ii) receive money from another User either at that User’s initiation or at your request, subject to the conditions of the Section below titled Requesting Payments. If at any time while you are enrolled, you do not send or receive money using the Zelle Payment Service for a period of 18 consecutive months, we may contact you and/or take other steps to confirm that the US mobile phone number or email address that you enrolled still belongs to you. If we are unable to confirm that you are the owner of the mobile phone number or email address, then you understand that we may cancel your enrollment and you will not be able to send or receive money with the Zelle Payment Service until you enroll again. When you enroll with Zelle, you may establish one or more profiles. Each profile may be linked to only one bank account or debit card, but you may enroll multiple email addresses or mobile phone numbers in each profile. Once you have enrolled an email address or a mobile phone number with a profile, you may not use that same email address or phone number with any other profile. If we allow you to enroll the debit card we issue to you with the Zelle Payment Service, then the debit card must be issued in conjunction with a United States domestic deposit account, not a United States territory-based account. By providing us with names and mobile telephone numbers, email addresses of Receivers to whom you wish to direct payments, you authorize us to follow the Payment Instructions that we receive through the Zelle Payment Service. By providing us with names, bank account information and other contact information for Receivers to whom you wish to direct a payment via the Other Payment Service, you authorize us to follow the Payment Instructions that we receive via the Other Payment Services. Once enrolled, you authorize us to credit your Eligible Transaction Account for payments remitted to you on behalf of a Sender without further approval from you.
- When we receive a Payment Instruction from you, you authorize us to debit your Eligible Transaction Account for the amount of any such Payment Instruction plus any related fees in effect (and as disclosed on the Site) at the time you initiate the Payment Instruction, and to remit funds on your behalf. You acknowledge and agree that any applicable fees will be charged when we receive a Payment Instruction from you, regardless of whether the Payment Instruction is ultimately completed. You also authorize us to credit your Eligible Transaction Account for the receipt of payments, including but not limited to those payments returned to us from Receivers to whom you sent payment(s) and those payments that were cancelled and returned to you because the processing of the Payment Instruction could not be completed.
- You agree that we will not be liable in any way for any payments that you may receive, regardless of whether you authorized the Sender to send them to you.
- We will use reasonable efforts to complete all your Payment Instructions properly. However, we shall incur no liability if we are unable to complete any transaction because of the existence of any one or more of the following circumstances:
- If, through no fault of ours, the Eligible Transaction Account does not contain sufficient funds to complete the Payment Instruction or the Payment Instruction would exceed the credit limit of your overdraft account;
- The Zelle and Other Payment Services are not working properly and you know or have been advised by us about the malfunction before you execute the Payment Instruction;
- The payment is refused as described in Section 6 of the Zelle and Other Payment Terms below;
- You have not provided us with the correct information, including but not limited to the correct Payment Instructions or Eligible Transaction Account information, or the correct name and address or mobile phone number of the Receiver to whom you are initiating a Payment Instruction; and/or,
- Circumstances beyond our control (such as, but not limited to, fire, flood, network or system down time, issues with the financial institution, or interference from an outside force) prevent the proper execution of the Payment Instruction.
- It is the responsibility of the Sender and the Receiver to ensure the accuracy of any information that they enter into the Zelle and Other Payment Services (including but not limited to the Payment Instructions and name, telephone number and/or email address for the Receiver to whom you are attempting to send a payment), and for informing us as soon as possible if they become aware that this information is inaccurate. We will make a reasonable effort to stop or recover a payment made to the wrong person or entity once informed, but we do not guarantee such stoppage or recovery and will bear no responsibility or liability for damages resulting from incorrect information entered by the Sender or Receiver.
3. Sending Payments
- You may send money to another User at your initiation or in response to that User’s request for money. You understand that use of the Zelle and Other Payment Services by you shall at all times be subject to (i) this Agreement, and (ii) your express authorization at the time of the transaction for us or another Network Financial Institution to initiate a debit entry to your bank account. You understand that when you send the payment, you will have no ability to stop it. When a Sender initiates a Payment Instruction, the Receiver is not required to accept the payment if the Receiver has not enrolled in Zelle. You agree that you as a Sender will not hold us liable for any damages resulting from a Receiver’s decision to not enroll in Zelle. For the Zelle Payment Service, you may only cancel a payment if the person to whom you sent the money has not yet enrolled in the Zelle Payment Service. As to the Zelle Payment Service, if the person you sent money to has already enrolled with Zelle, either in the Zelle Standalone Locations (defined in Section 1(b) of these Zelle and Other Payment Terms) or with a Network Financial Institution, then the money is sent directly to their bank account (except as otherwise provided below) and may not be canceled or revoked. Cancellation is addressed more generally as to the Other Payment Services in Section 6 (Payment Cancellation, Stop Payment Requests and Refused Payments for Other Payment Services) below. You may initiate a one-time Payment Instruction to a Receiver for which processing shall be initiated immediately via Zelle. Via the Other Payment Services (defined in Section 1(b) of these Zelle and Other Payment Terms), you may also initiate (a) a one-time Payment Instruction to a Receiver for which processing shall be initiated at a later specified date up to one (1) year, and (b)a recurring series of Payment Instructions to a Receiver for which processing shall be initiated on the specified dates. Further details about each of these options can be found on the Site.
- Payment Instructions initiated to Receivers require you to provide contact information about the Receiver (including an email address and/or mobile telephone number). If the Receiver does not bank at a Network Financial Institution and has not yet enrolled in Zelle, then the Zelle Payment Service will contact the Receiver and request that the Receiver (i) provide information so that the identity of the Receiver may be validated at a Zelle Standalone Location and then (ii) provide Eligible Transaction Account information in order to complete the Payment Instruction (a “Two-Step Transfer”). If the Receiver maintains an Eligible Transaction Account with a Network Financial Institution and has not yet enrolled in Zelle, then the Zelle Payment Service will contact the Receiver regarding enrollment in Zelle and receipt of payment. If the Receiver has already enrolled in Zelle, then the Receiver will receive a message regarding your payment.
- Via the Other Payment Services (defined in Section 1(b) of these Zelle and Other Payment Terms), we also support the sending of money to Receivers if you provide the Eligible Transaction Account information for the Receiver and other contact information for the Receiver; such transactions are not sent via Zelle. You acknowledge and agree that if your Payment Instructions identify an account by name and account number, the relevant financial institution may execute those Payment Instructions by reference to the account number only, even if such account number does not correspond to the account name. You further acknowledge and agree that financial institutions holding the account may choose to not investigate discrepancies between account names and account numbers. We have no responsibility to investigate discrepancies between account names and account numbers, outside of our obligations under the law to investigate errors, described above in Section 22 of the General Terms (Errors, Questions, and Complaints).
- In most cases, when you are sending money to another User using the Zelle Payment Service, the transfer will occur in minutes; however, there are circumstances when the payment may take longer. For example, in order to protect you, us, Zelle and the other Network Financial Institutions, we may need additional time to verify your identity or the identity of the person receiving the money. If you are sending money to someone who has not enrolled as a User with Zelle, either via a Zelle Standalone Location (defined in Section 1(b) of these Zelle and Other Payment Terms) or a Network Financial Institution, they will receive a text or email notification instructing them on how to enroll to receive the money. You understand and acknowledge that a person to whom you are sending money and who is not enrolling as a User may fail to enroll with Zelle, or otherwise ignore the payment notification, and the transfer may not occur. The money may also be delayed or the transfer may be blocked to prevent fraud or comply with regulatory requirements. If we delay or block a payment that you have initiated, we will notify you in accordance with your User preferences (i.e. email, push notification). We have no control over the actions of other Users, other Network Financial Institutions or other financial institutions that could delay or prevent your money from being delivered to the intended User.
- For the Other Payment Services and those Zelle Payment Service payments where the Site indicates payment will require more than a business day, you understand and agree that when you initiate. Payment Instruction from an Eligible Transaction Account, the processing of the Payment Instruction will begin and the debiting of your Eligible Transaction Account will occur as early as the day of such initiation. However, you and the Receiver should not expect the payment funds to be transferred into the Receiver’s Eligible Transaction Account any earlier than the next business day after you initiated the Payment Instruction. As part of the Other Payment Services, if you request a one-time Payment Instruction to be initiated on a specified date or a recurring series of Payment Instruction to be initiated on specified dates, then the processing of the Payment Instruction will begin on the specified date and the debiting of your Eligible Transaction Account will occur as early as the specified date(s). However, you and the Receiver should not expect the payment funds to be transferred into the Receiver’s Eligible Transaction Account any earlier than the next business day following the specified date. In addition, in the case of all Two-Step Transfers, the deposit of the payment funds into the Receiver’s Eligible Transaction Account (even if debited or withdrawn from your Eligible Transaction Account) may be delayed if the Receiver has not enrolled in Zelle. The Site may contain additional information regarding the delivery of a payment to an Eligible Transaction Account.
- As to Recipients who have not yet enrolled with Zelle, you acknowledge and agree that we will begin to process the requested transfer of funds once the Receiver has provided (or we otherwise obtain) all required information, and you hereby authorize and direct us to retain such funds until the earlier of such time as the Receiver has provided (or we otherwise obtain) all required information or fourteen (14) days have elapsed. You further acknowledge and agree that our receipt of money to be transmitted to a Receiver shall not be deemed to have occurred and our obligation to complete a Payment Instruction shall not begin until such time as the Receiver provides us with (or we otherwise obtain) all required information necessary to process the related Payment Instruction in accordance with this Agreement.
4 Receiving Payments
- All transfers of money to you shall be performed by a Network Financial Institution per the direction of that Network Financial Institution Customer and at all times subject to the terms and conditions of the relevant service agreement between that Network Financial Institution and its customer, including without limitation any restrictions or prohibitions on permissible transactions. Once a User initiates a transfer of money to your email address or mobile phone number enrolled with the Zelle Payment Service, you have no ability to stop the transfer. Other Payment Service payments may be cancelled by the Sender as set forth in Section 6 (Payment Cancellation, Stop Payment Requests and Refused Payments for Other Payment Services) below. By using the Zelle Payment Service, you agree and authorize us to initiate credit entries to the bank account you have enrolled. If another person wants to initiate a Payment Instruction (including in response to a Zelle Payment Request, if applicable) using the Zelle Payment Service to an Eligible Transaction Account you hold or, as applicable, if you as a Requestor want to initiate a Zelle Payment Request, he, she or you can do that from the Site or from an Eligible Transaction Account at a financial institution that participates in the Zelle Payment Service or at a Zelle Standalone Location. If you are receiving a payment from a business or government agency, your payment will be delivered in accordance with both this Agreement and the procedures of the business or government agency that is sending you the payment.
- For the Zelle Payment Service, most transfers of money to you from other Users will occur within minutes. There may be other circumstances when the payment may take longer. For example, in order to protect you, us, Zelle and the other Network Financial Institutions, we may need or Zelle may need additional time to verify your identity or the identity of the person sending the money. We may also delay or block the transfer to prevent fraud or to meet our regulatory obligations. If we delay or block a payment that you have initiated through a request for money, we will notify you in accordance with your User preferences (i.e. email, push notification). You understand and agree that there may be a delay between the time you are notified of the pending Payment Instruction and the deposit of the payment funds into your Eligible Transaction Account, and you may be required to take additional steps to facilitate the deposit of the payment of funds into your Eligible Transaction Account, such as if we have questions regarding possible fraud in connection with the payment. You authorize the Sender, the financial institution which holds the Sender’s Eligible Transaction Account and us (including through the Site) to send emails to you and text messages to your mobile phone in connection with the Sender’s initiation of Payment Instructions to you, and, as a Receiver, you may receive Zelle Payment Requests, from others through the Zelle Payment Service.
- You acknowledge and agree that in the event that funds are transferred into your Eligible Transaction Account as a result of a Payment Instruction and it is determined that such transfer was improper because it was not authorized by the sender, because there were not sufficient funds in the sender’s account, or for any other reason, then you hereby authorize us or our Service Provider to withdraw from your Eligible Transaction Account an amount equal to the amount of funds improperly transferred to you.
5. Requesting Payments
You may request money from another User through a Zelle Payment Request. You understand and acknowledge that Users to whom you send payment requests may reject or ignore your request. Neither we nor Zelle guarantee that you will receive money from other Users by sending a Zelle Payment Request, or that you will receive the amount that you request. Neither we nor Zelle accept responsibility if the other User rejects or ignores your request, or sends you an amount that is less than you request. If a User ignores your request, we may decide or Zelle may decide, in our sole discretion, that we will not send a reminder or repeat request to that User.
In addition to the other restrictions in this Agreement, by accepting this Agreement, you agree that you are not engaging in the business of debt collection by attempting to use the Zelle Payment Service to request money for the payment or collection of an overdue or delinquent debt; to request money that is owed to another person; or to collect any amounts that are owed pursuant to a court order. You agree to indemnify, defend and hold harmless Zelle, its owners, directors, officers agents and Network Financial Institutions from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorney’s fees, resulting from or arising out of any Zelle Payment Request that you send that is related to overdue or delinquent amounts. You agree to receive Zelle Payment Requests from other Users, and to only send Zelle Payment Requests for legitimate and lawful purposes. Zelle Payment Requests are solely between the Requestor and recipient and are not reviewed or verified by us or by Zelle. Neither we nor Zelle assume responsibility for the accuracy or legality of such requests and do not act as a debt collector on your behalf or on behalf of the Requestor. We reserve the right, but assume no obligation, to terminate your ability to send Zelle Payment Requests in general, or to specific recipients, if we deem such Zelle Payment Requests to be potentially unlawful, abusive, offensive or unwelcome by the recipient.
If applicable, if you as a Requestor initiate a Zelle Payment Request using the Zelle Payment Service, you acknowledge and agree that as disclosed on the Site (a) the applicable service fee will be deducted from payments received by you from a Sender(s), and (b) no service fee will be charged if you as the Requestor do not receive any payments from the individuals to whom the Zelle Payment Request is sent. Further details about the foregoing can be found on the Site. You acknowledge and agree that individuals to whom you send a Zelle Payment Request may not receive, or otherwise may reject or ignore, your Zelle Payment Request. We do not guarantee that you will receive any payments from individuals by initiating a Zelle Payment Request.
6. Payment Cancellation, Stop Payment Requests and Refused Payments for Other Payment Services
Zelle Payment Service payments can only be cancelled in the limited circumstances set forth in Section 3(a) (Sending Payments) above. This Section only applies to the Other Payment Services, not Zelle Payment Services. Sender may cancel the initiation of a Payment Instruction or stop a Payment Instruction at any time until the processing of the Payment Instruction into the Receiver’s Eligible Transaction Account has begun. Our ability to stop a Payment Instruction or recover funds associated with an unauthorized Payment Instruction will depend on the manner in which the Payment Instruction was initiated, and whether the Payment Instruction to the Receiver’s Eligible Transaction Account has begun processing. Although we will make a reasonable effort to accommodate a stop payment request and to recover funds associated with an unauthorized Payment Instruction, we will have no liability for failing to do so. We may also require you to present your stop payment request or request to recover funds in writing within fourteen (14) days after contacting customer care. If we charge you to stop the payment or recover funds, then the charge for each stop payment or fund recovery request will be the current charge as set out in our current Fee Schedule (patelco.org/FeeSchedule). Payments not claimed by a Receiver who has not enrolled in Zelle will be automatically cancelled fourteen (14) days after the processing of the payment begins. We will, to the extent permitted by law, make reasonable attempts to return any unclaimed, refused, refunded, prohibited, or denied payment to your Eligible Transaction Account or use other reasonable efforts to return such payment to you as permitted by law.
7. Consent to Emails and Automated Text Messages
Section 8 (Text Messages, Calls and/or Emails to You) of the General Terms does not apply to Zelle Payment Services. By participating as a User, you represent that you are the owner of the email address, mobile phone number, and/or other alias you enrolled, or that you have the delegated legal authority to act on behalf of the owner of such email address, mobile phone number and/or other alias to send or receive money as described these Zelle and Other Payment Terms. You consent to the receipt of emails or text messages from us, from Zelle, from other Users that are sending you money or requesting money from you, and from other Network Financial Institutions or their agents regarding the Zelle and Other Payment Services or related transfers between Network Financial Institutions and you. You agree that we may, Zelle may or either of our agents may use automatic telephone dialing systems in connection with text messages sent to any mobile phone number you enroll. You further acknowledge and agree:
- You are responsible for any fees or other charges that your wireless carrier may charge for any related data, text or other message services, including without limitation for short message service. Please check your mobile service agreement for details or applicable fees.
- You will immediately notify us if any email address or mobile number you have enrolled is (i) surrendered by you, or (ii) changed by you.
- In the case of any messages that you may send through either us or Zelle or that we may send or Zelle may send on your behalf to an email address or mobile phone number, you represent that you have obtained the consent of the recipient of such emails or automated text messages to send such emails or text messages to the recipient. You understand and agree that any emails or text messages that we send or that Zelle sends on your behalf may include your name.
- Your wireless carrier is not liable for any delay or failure to deliver any message sent to or from us or Zelle, including messages that you may send through us or through Zelle or that we may send or Zelle may send on your behalf.
- To cancel text messaging from us, send STOP to 767666. For help or information regarding text messaging, send HELP to 767666 or contact our customer service at 800.358.8228. You expressly consent to receipt of a text message to confirm your “STOP” request.
- Supported carriers include AT&T, Sprint, T-Mobile, Verizon and others.
- Your phone service provider is not the provider of the Zelle and Other Payment Services. Users of the Zelle Payment Service will receive text messages relating to their Payment Instructions and other notices from time to time if a mobile phone number is provided. Data and messaging charges from your telecommunications provider may apply, and you are responsible for any such charges. In the event your enrolled mobile device is lost or stolen, you agree to update your enrollment information and make the appropriate changes to disable the use of such device. You understand that there are risks associated with using a mobile device, and that in the event of theft or loss, your confidential information could be compromised.
8. Service Fees and Additional Charges
You are responsible for paying all fees associated with your use of the Zelle and Other Payment Services. Applicable fees will be disclosed in the user interface for, or elsewhere within, the Zelle and Other Payment Services or Site. YOU FURTHER ACKNOWLEDGE AND AGREE THAT ANY APPLICABLE FEES WILL BE CHARGED REGARDLESS OF WHETHER THE PAYMENT INSTRUCTION IS COMPLETED, UNLESS THE FAILURE TO COMPLETE THE INSTRUCTION IS SOLELY DUE TO OUR FAULT, except for those fees that are specifically use-based, such as Zelle Payment Requests, if applicable. There may be a charge for additional transactions and other optional services. You agree to pay such charges and authorize us to deduct the calculated amount from your designated Eligible Transaction Account for these amounts and any additional charges that may be incurred by you. Any financial fees associated with your standard deposit accounts (or Other Eligible Transaction Accounts) will continue to apply. You are responsible for any and all telephone access fees and Internet service fees that may be assessed by your telephone and Internet service provider.
Section 18 of the General Terms (Failed Or Returned Payment Instructions) applies if you do not pay our fees and charges for the Zelle and Other Payment Service, including without limitation if we debit the Eligible Transaction Account for such fees, as described in this Section, and there are insufficient fees in the Eligible Transaction Account.
9. Refused Payments
We reserve the right to refuse to pay any Receiver. We will attempt to notify the Sender promptly if we decide to refuse to pay a Receiver designated by the Sender. This notification is not required if you attempt to make a prohibited payment under this Agreement.
10. Returned Payments
In using the Zelle and Other Payment Services, you understand that Receivers may reject Payment Instructions or otherwise return payments only if the Receiver is not enrolled in Zelle. We will use reasonable efforts to complete Payment Instructions initiated through the Zelle Payment Service.
11. Consent to Share Personal Information (Including Account Information)
In addition to Section 20 (Information Authorization) of the General Terms, by accepting this Agreement, you consent to our disclosure of your personal information (including bank account information) to Zelle, other Network Financial Institutions and other third parties for the purposes permitted in the Zelle Network® Participation Rules in accordance with its customary processes and procedures, and as necessary to complete payment transactions in accordance with our customary processes and procedures, which may include, without limitation, the following:
- As necessary to resolve a problem related to a transfer or payment between you and another User;
- To verify the existence of your bank account, or debit card, as applicable;
- To comply with government agency or court orders;
- To our affiliates, as permitted by law;
- To verify your identity for purposes of compliance with applicable laws, including without limitation the USA PATRIOT Act;
- To comply with inquiries in connection with fraud prevention or any investigation;
- For our general business purposes, including without limitation data analysis and audits; or
12. Wireless Operator Data
Subject to our obligations under applicable laws and regulations, neither we nor Zelle shall have liability to you for any transfers of money, including without limitation, (i) any failure, through no fault of us or Zelle to complete a transaction in the correct amount, or (ii) any related losses or damages. Neither we nor Zelle shall be liable for any typos or keystroke errors that you may make when using the Zelle Payment Service.
THE SERVICE IS INTENDED FOR SENDING MONEY TO FAMILY, FRIENDS AND OTHERS WHOM YOU TRUST. YOU SHOULD NOT USE ZELLE TO SEND MONEY TO PERSONS WITH WHOM YOU ARE NOT FAMILIAR OR YOU DO NOT TRUST. ZELLE DOES NOT OFFER A PROTECTION PROGRAM FOR AUTHORIZED PAYMENTS MADE THROUGH THE SERVICE (FOR EXAMPLE, IF YOU DO NOT RECEIVE THE GOODS OR SERVICES THAT YOU PAID FOR, OR THE GOODS OR SERVICES THAT YOU RECEIVED ARE DAMAGED OR ARE OTHERWISE NOT WHAT YOU EXPECTED).
14. Disclaimer of Warranties
Section 33 (Exclusions of Warranties) of the General Terms does not apply to Zelle Payment Services. EXCEPT AS OTHERWISE PROVIDED HEREIN, AND SUBJECT TO APPLICABLE LAW, ZELLE MAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER WITH RESPECT TO THE ZELLE PAYMENT SERVICE. ZELLE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, WITH REGARD TO THE ZELLE PAYMENT SERVICE. ZELLE DOES NOT WARRANT THAT THE ZELLE PAYMENT SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED. THE ZELLE PAYMENT SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.
15. Limitation of Liability
Section 34 (Limitation of Liability) of the General Terms does not apply to Zelle Payment Services. EXCEPT AS OTHERWISE PROVIDED HEREIN AND SUBJECT TO APPLICABLE LAW, IN NO EVENT WILL WE, ZELLE, ITS OWNERS, DIRECTORS, OFFICERS, AGENTS OR NETWORK FINANCIAL INSTITUTIONS BE LIABLE FOR ANYDAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEM- PLARY OR OTHER INDIRECT DAMAGES ARISING OUT OF (I) ANY TRANSACTION CONDUCTED THROUGH OR FACILITATED BY THE ZELLE PAYMENT SERVICE; (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE ZELLE PAYMENT SERVICES DESCRIBED OR PROVIDED; (III) UNAUTHO- RIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; OR (IV) ANY OTHER MATTER RELATING TO THE ZELLE PAYMENT SERVICES DESCRIBED OR PROVIDED, EVEN IF WE OR ZELLE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THE ZELLE PAYMENT SERVICE OR WITH THE TERMS OF THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE ZELLE PAYMENT SERVICES. IN THOSE STATES WHERE THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES MAY NOT APPLY, ANY LIABILITY OF OURS, ZELLE, ITS OWNERS, DIRECTORS, OFFICERS AND AGENTS OR THE NETWORK FINANCIAL INSTITUTIONS LIABILITY IN THOSE STATES IS LIMITED AND WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY LAW, BUT SHALL, IN NO EVENT, EXCEED ONE HUNDRED DOLLARS ($100.00).
Section 30 (Indemnification) of the General Terms does not apply to Zelle Payment Services. You acknowledge and agree that you are personally responsible for your conduct while using the Zelle Payment Service and except as otherwise provided in this Agreement, you agree to indemnify, defend and hold harmless Zelle, its owners, directors, officers, agents and Network Financial Institutions from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorney’s fees, resulting from or arising out of your use, misuse, errors or inability to use the Zelle Payment Service, or any violation by you of the terms of this Agreement.
17. Use of Our Online Banking Site and/or Mobile App
You agree to access the Site in compliance with our terms and conditions that we make available elsewhere on the Site, which are incorporated into and made part of this Agreement by this reference.
“Network Financial Institutions” means financial institutions that have partnered with Zelle.
“Receiver” is a person or business entity that is sent a Payment Instruction through the Zelle and Other Payment Services. “Requestor” is a person that requests an individual to initiate a Payment Instruction through the Zelle Payment Service. “Sender” is a person or business entity that sends a Payment Instruction through the Zelle and Other Payment Services. “User” means you and others who are enrolled directly with Zelle or enrolled with another financial institution that partners with Zelle.
“Zelle Payment Request” means functionality that allows a Requestor to request that another individual initiate a Payment Instruction to the Requestor through the Zelle Payment Service. Zelle and the Zelle related marks are wholly owned by Early Warning Services, LLC and are used herein under license.