Mobile Branch Agreement and Disclosure

Funds Availability Policy

Please read these Agreements carefully before accessing or using the Mobile Branch Service. By accessing or using the service, you agree to be bound by the terms and conditions set forth below. If you do not wish to be bound by these terms and conditions, you may not access or use the service.

Electronic Communications

  • Mobile Branch is an electronic internet based service. Therefore, you understand that the Mobile Branch Agreement will be entered into electronically.
  • You have the right to have this disclosure made available on paper or in non-electronic form by printing the document from our website at http://www.southlandcu.org.
  • You have the right to withdraw the consent to have the disclosure provided or made available in an electronic form, but this will result in the termination of your Online Banking and Mobile Banking service; The consent to receive electronic consumer disclosures applies to all future required consumer disclosures in connection with the Online Banking and Mobile Branch services;
  • After accepting this disclosure, you may request a paper copy of this consumer disclosure by calling us at 800-426-1917;
  • You understand that to access and retain this disclosure and to use the Online Banking service, you must have the following: a personal computer with an Internet browser that has "cookies" enabled and supports 128-bit encryption, an Internet connection for the personal computer, an email address, and either a printer or sufficient electronic space to store this disclosure. You will be notified 30 days prior to any change in terms of this Agreement on our Online Banking webpage and with your statement.

Mobile Branch Services

The following terms and conditions apply to the Mobile Branch service;

a. Mobile Branch

Mobile Branch is offered as a convenience and supplemental service to our Online Banking services. It is not intended to replace access to Online Banking from your personal computer or other methods you use for managing your accounts and services with us. Mobile Branch allows you to access your account information, transfer funds, and conduct other banking transactions. To utilize the Mobile Branch service, you must be enrolled to use Online Banking.

We reserve the right to limit the types and number of accounts eligible and the right to refuse to make any transaction you request through Mobile Branch. We also reserve the right to modify the scope of the service at any time.

We may offer additional Mobile Branch services and features in the future. Any such added Mobile Branch services and features will be governed by this agreement and by any terms and conditions provided to you at the time the new Mobile Branch service or feature is added and/or at the time of enrollment for the feature or service, if applicable. From time to time, we may amend these terms and modify or cancel the Mobile Branch services we offer without notice, except as may be required by law.

Mobile Branch may not be accessible or may have limited utility over some network carriers. In addition, the service may not be supportable for all devices. The credit union cannot guarantee and is not responsible for the availability of data services provided by your mobile carrier, such as data outages or "out of range" issues. Your wireless carrier may assess you fees for data or text messaging services. Please consult your wireless plan or provider for details.

b. Use of Service

In order to properly use Mobile Branch, you should review and follow the instructions provided on our website. You agree to accept responsibility for learning how to use Mobile Branch in accordance with the online instructions and agree that you will contact us directly if you have any problems (e.g. problem with logging in, cannot pull up mobile site, etc.) with Mobile Branch. We may modify the service from time to time at our sole discretion. In the event of any modifications, you are responsible for making sure you understand how to use Mobile Branch as modified. You also accept responsibility for making sure that you know how to properly use your device and we will not be liable to you for any losses caused by your failure to properly use the service or your device.

c. Other Agreements

You agree that, when you use Mobile Branch, you remain subject to the terms and conditions of your existing agreements the credit union, except as expressly otherwise stated herein; and with any unaffiliated service providers, including, but not limited to, your mobile service provider, and that this agreement does not amend or supersede any of those agreements. You understand that those agreements may provide for fees, limitations and restrictions which might impact your use of Mobile Branch (such as data usage or text messaging charges imposed on you by your mobile service provider for your use of or interaction with Mobile Branch), and you agree to be solely responsible for all such fees, limitations and restrictions. You agree that only your mobile service provider is responsible for its products and services. Accordingly, you agree to resolve any problems with your provider directly without involving us.

Any deposit account, loan or other banking product accessed through this service is also subject to the Membership and Account Agreement, Electronic Funds Transfer Agreement and Disclosure, Online Banking Agreement, Account Rate and Fee Disclosures, and your loan agreements. You should review the account disclosures carefully, as they may include transaction limitations and fees which might apply to your use of Mobile Branch.

d. Permitted Mobile Branch Transfers

Transactions in Mobile Branch are subject to the terms and limitations disclosed in the Membership and Account Agreement, Electronic Funds Transfer Agreement and Disclosure, Account Rate and Fee Disclosures, and your loan agreements. You may transfer or withdraw up to the available balance in your account at the time of the transfer, except as limited under this agreement or your deposit or loan agreements. The credit union reserves the right to refuse any transaction that would draw upon insufficient or unavailable funds, lower an account below a required balance, or otherwise require us to increase our required reserve on the account. We may process transfers that exceed your available balance at our discretion. If we process the transfer and unless your overdraft protection is provided via an Overdraft Line of Credit, you agree to cover any overdraft amount plus any applicable fees. We may limit the type, frequency and amount of transfers for security purposes and may change or impose the security limits without notice, at our option. You agree to confirm the completion of each transfer in your account balance and transaction history before withdrawing transferred funds.

e. You represent and agree to the following by enrolling in Mobile Branch or by using the Service:

i. Account Ownership/Accurate Information

You represent that you are the legal owner of the accounts and other financial information which may be accessed via Mobile Branch. You represent and agree that all information you provide to us in connection with Mobile Branch is accurate, current and complete, and that you have the right to provide such information to us for the purpose of using Mobile Branch. You agree not to misrepresent your identity or your account information. You agree to keep your account information up to date and accurate. You represent that you are an authorized user of the Device you will use to access Mobile Branch.

ii. User Security

You agree to take every precaution to ensure the safety, security and integrity of your account and transactions when using Mobile Branch. You agree not to leave your Device unattended while logged into Mobile Branch and to log off immediately at the completion of each access by you. You agree not to provide your username, password or other access information to any unauthorized person. If you permit other persons to use your Device, login information, or other means to access Mobile Branch, you are responsible for any transactions they authorize and we will not be liable for any damages resulting to you. You agree not to use any personally identifiable information when creating shortcuts to your Account.

We make no representation that any content or use of Mobile Branch is available for use in locations outside of the United States. Accessing Mobile Branch from locations outside of the United States is at your own risk.

iii. User Conduct

You agree not to use Mobile Branch or the content or information delivered through Mobile Branch in any way that would: (a) infringe any third-party copyright, patent, trademark, trade secret or other proprietary rights or rights of privacy, including any rights in the Software; (b) be fraudulent or involve the sale of counterfeit or stolen items, including, but not limited to, use of Mobile Branch to impersonate another person or entity; (c) violate any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising); (d) be false, misleading or inaccurate; (e) create liability for us or our affiliates or service providers, or cause us to lose (in whole or in part) the services of any of our service providers; (f) be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (g) potentially be perceived as illegal, offensive or objectionable; (h) interfere with or disrupt computer networks connected to Mobile Branch; (i) interfere with or disrupt the use of Mobile Branch by any other user; or (j) use Mobile Branch in such a manner as to gain unauthorized entry or access to the computer systems of others.

iv. No Commercial Use or Re-Sale

You agree that the Service is only for the personal or business use of individuals authorized to access your account information. You agree not to make any commercial use of Mobile Branch or resell, lease, rent or distribute access to Mobile Branch.

v. Indemnification

Unless caused by our intentional misconduct or gross negligence, you agree to indemnify, defend and hold harmless the credit union, its affiliates, officers, directors, employees, consultants, agents, service providers, and licensors from any and all third party claims, liability, damages, expenses and costs (including, but not limited to, reasonable attorneys' fees) caused by or arising from (i) a third party claim, dispute, action, or allegation of infringement, misuse, or misappropriation based on information, data, files, or otherwise in connection with the service; (ii) your violation of any law or rights of a third party; or (iii) your use, or use by a third party, of Mobile Branch.

Mobile Deposits

Mobile Deposits is a Mobile Remote Deposit Capture Service. Use of Southland Credit Union’s Mobile Remote Deposit Capture Service (Mobile Deposits) is subject to approval by Southland Credit Union (“SCU,” “we,” “us”). If you, the account-holder are approved for Mobile Deposits, you agree that use of Mobile Deposits is subject to the following terms and conditions.

  1. Mobile Deposits allow you to make check deposits to your SCU savings (share), checking (share draft) and/or money market (money market share) accounts from remote locations scanning both sides of checks and delivering the check images and associated deposit information to Southland Credit Union or SCU’s designated third party service provider.
  2. Mobile Deposits will not be available to new Members until 90 days after account opening.
  3. SCU is not responsible for any technical difficulties you experience attempting to use Mobile Deposits.
  4. To use Southland Credit Union’s Mobile Deposits, you must have a suitable mobile device.
  5. When you make a successful Mobile Deposit, you will be notified by an in application message. You agree that once you have received confirmation that we have successfully processed your Mobile Deposit, you will clearly make “void” or shred or otherwise destroy the original item you deposited to avoid its being deposited again. You agree to defend, indemnify and hold Southland Credit Union and any SCU third party service provider from any claims, damages, losses, liability or expenses to which we or our service provider may become subject as a result of an item you deposited via Mobile Deposits being presented for duplicate payment.
  6. Only the following items are eligible for Mobile Deposits; checks drawn on U.S. financial institutions in U.S. dollars, or checks drawn on United States Treasury, or checks drawn on any state or local government of the United States. Checks must be payable to you and endorsed by you with the restrictive legend, “Deposit only to Southland Credit Union Account No. _________.” You agree not to attempt to use Mobiles Deposits to deposit checks with any of the following characteristics:
    1. The check is not payable to you;
    2. There is not any apparent alteration to the front of the check;
    3. You know or have reason to believe that the check is fraudulent or otherwise not authorized by the owner of the account on which the check is drawn;
    4. The check is payable In a currency other than U.S. dollars;
    5. The check has been previously converted to a substitute check as defined in the Expedited Funds Availability Act;
    6. The check has been remotely created;
    7. The date of issue of the check is more than 6 months prior to the attempted deposit date; or
    8. You have any reason to believe that the check will not be paid by the institution on which it is drawn.
  7. The check image transmitted via Mobile Deposits must be legible and compliant with requirements established from time to time by ANSI, the Board of the Federal Reserve, or any other regulatory agency, clearinghouse or association.
  8. We may terminate or change the terms of Mobile Deposits at any time, including but not limited to the categories of checks we will accept for deposit via Mobile Deposits or endorsement requirements, with or without notice to you.
  9. We may, at our sole discretion, refuse to accept any item presented for deposit via Mobile Deposits. We will notify you if we do this. We have no liability to you for declining to accept items presented for deposit via Mobile Deposits.
  10. Funds from any check deposited via Mobile Deposits will be available to you after final collection from the institution on which it is drawn. We may make funds available sooner depending on factors we, at our sole discretion, deem relevant, including but not limited to your account history with Southland Credit Union and your creditworthiness.
  11. You agree to notify us of any errors with respect to Mobile Deposits within 30 days after we send you the first periodic statement on which they appear. We will review your claim and correct any error on our part, We will not, however, be responsible for errors asserted more than 30 days after we send you the periodic statement on which they appear.
  12. You agree not to copy, reproduce, distribute or create derivative works from the content of the Mobile Deposits service or to reverse engineer or reverse compile any technology used to provide the Mobile Deposits service. Southland Credit Union and our third party service providers, if any, retain all ownership and proprietary rights in the Services, associated content, technology and web sites.
  13. DISCLAIMER OF WARRANTIES. YOU AGREE THAT YOUR USE OF THE SERVICES AND ALL INFORMATION AND CONTENT (INCLUDING THAT OF THIRD PARTIES) IS AT YOUR RISK AND IS PROVIDED AS AN “AS IS” AND “AS AVAILABLE” BASIS. WE DISCLAIM ALL WARRANTIES OF ANY KIND AS TO THE USE OF THE SERVICES, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. WE MAKE NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, THAT THE RESULTS THAT MAY BE OBTAINED FROM THE SERVICE WILL BE ACCURATE OR RELIABLE, OR THAT ERRORS IN THE SERVICES OR TECHNOLOGY WILL BE CORRECTED.
  14. LIMITATION OF LIABILITY. YOU AGREE THAT WE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOST PROFITS, GOODWILL, USE, DATA OR OTHER LOSSES RESULTING FROM USE FOR THE SERVICES, INABILITY TO USE THE SERVICES, OR TERMINATION OF THE SERVICES, INCURRED BY YOU OR ANY THIRD PARTY, REGARDLESS OF THE FORM OF ACTION OR CLAIM (WHETHER CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE), EVEN IF SOUTHLAND CREDIT UNION HAS BEEN INFORMED OF THE POSSIBILITY THEREOF.