Mobile Check Deposit User Agreement and Disclosure
This Mobile Check Deposit User Agreement (“Agreement”) contains the terms and conditions for the use of Oklahoma’s Credit Union’s remote deposit capture services that Oklahoma’s Credit Union (“Credit Union”, “us,”, “our” or “we”) may provide to you (“you,” or “user”). Other agreements you have entered into with Oklahoma’s Credit Union (OKCU), including but not limited to the Membership and Accounts Agreement and Disclosure, Digital Banking Agreement and Disclosure, governing your OKCU account(s) (collectively referred to as the “other agreements”), are incorporated by reference and made a part of this Agreement. In the event of a discrepancy between this Agreement and the other agreements, the terms of this Agreement will govern your use of the Service.
1. Services. The mobile check deposit services (“Services”) are designed to allow you to make deposits to your checking, savings, or money market savings accounts from mobile device using your OKCU application, by scanning checks and delivering the images and associated deposit information to Oklahoma’s CU or processor designated by Oklahoma’s CU. There is currently no charge for the Services.
2. Member Eligibility. You understand that you must be an OKCU member in good standing to qualify for the Services.
3. Acceptance of these Terms. Your use of the Services constitutes your acceptance of this Agreement. Oklahoma’s CU reserves the right to change the terms and charges for the Services described in this Agreement. We will notify you of any material change via e-mail, or on our website by providing a link to the revised Agreement or by an online secure message. You will be prompted to accept or reject any material change to this Agreement the next time you use the Service after OKCU has made the change. OKCU may amend, modify, add to, or delete from this Agreement from time to time. Your continued use of the Services will indicate your acceptance of the revised Agreement.
4. Compliance with Laws. You agree to comply with all laws, statutes, regulations and ordinances pertaining to your use of the Services, as well as all laws relating to the transactions anticipated hereunder. You also agree to be bound by any clearinghouse rules or agreements, operating circulars, image exchange agreements, and other documents to which we are a party that govern the Services we provide. You promise to indemnify and hold us harmless from any damages, liabilities, costs, expenses (including attorneys’ fees) or other harm arising out of any violation thereof. This indemnity shall survive termination of your account with us and this Agreement.
5. Limitations of Services. When using the Services, you may experience technical or other difficulties. We cannot assume responsibility for any technical or other difficulties or any resulting damages that you may incur. Some of the Services have qualification requirements, and we reserve the right to change the qualifications at any time without prior notice. We reserve the right to change, suspend or discontinue the Services, in whole or in part, or your use of the Services, in whole or in part, immediately and at any time without prior notice to you.
6. Eligible Items for Deposit. You agree to scan and deposit only “checks” as that term is defined in Federal Reserve Regulation CC (“Reg CC”). You agree that the image of the check transmitted to us shall be deemed an “item” within the meaning of Article 3 & 4 of the Uniform Commercial Code.
7. Unacceptable Items for Deposit. You understand and agree that you will not use the Services to deposit the following items:
- Any third party check, i.e., any item that is made payable to another party and then endorsed to you by such party.
- Any item drawn on your personal account at Oklahoma’s Credit Union.
- Any item that contain evidence of alteration, or that you know or suspect, or should know or suspect, are fraudulent or otherwise not authorized by the owner of the account on which the check is drawn.
- Any check previously converted to a “substitute check,” as defined in Reg CC.
- Any item issued to you by a financial institution in a foreign country.
- Any item that is remotely created, as defined in Reg CC.
- Any item that is “stale-dated,” expired, or “post-dated”.
- Any item that has been re-deposited or returned such as “non-sufficient funds” or “refer to maker” or returned for any other reason.
- Cash, Money Orders, Travelers Checks, Savings Bonds, incomplete checks or any item that is stamped non-negotiable.
Deposits of this nature will result in the immediate termination of the Services and an immediate reversal of the transaction or credit to your account. A reversal means the amount of the item(s) deposited will be removed from your account and will reduce your account balance. The reversal may also result in a negative balance on your account.
8. Check Requirements. Any image of a check that you transmit to us must accurately and legibly provide all of the information on the front and back of the check at the time of presentment to you by the drawer. Prior to scanning the original check, you will restrictively endorse any item transmitted through the Services as “For mobile deposit only at Oklahoma’s CU” (“OKCU”) or as otherwise instructed by Oklahoma’s CU. You agree to follow any and all other procedures and instructions for use of the Services as OKCU may establish from time to time. The scanned image of the check transmitted to us using the Services must accurately and legibly provide, among other things, the following information: (1) your endorsement; (2) the information identifying the drawer and the paying bank that is preprinted on the check, including complete and accurate MICR information and the signatures; and (3) other information placed on the check prior to the time an image of the check is captured, such as any required identification written on the front of the check and any endorsements applied to the back of the check. The image quality of the check must comply with the requirements established from time to time by the Board of Governors of the Federal Reserve Board, including the requirements under federal Regulation CC, or any other regulatory agency, clearing house or association. The Service may reject your deposit if the image is not satisfactory. Receipt of the image does not guarantee we can accept the image.
9. Receipt of Items. An image of an item shall be deemed received when the account history reflects that the item was accepted. Notice of acceptance does not mean that the transmission was error free, complete or will be considered a deposit and credited to your account. We further reserve the right to charge back to your account at any time, any item that we subsequently determine was not an eligible item. We are not responsible for items we do not receive or for images that are dropped during transmission. You agree that OKCU is not liable for any loss, costs, or fees you may incur as a result of our chargeback of an ineligible item.
10. Rejection of Deposit. We reserve the right to reject any item transmitted through the Service, at our discretion, without liability to you. We are not liable for any fees, service, or late charges levied against you due to our rejection of any item. In all cases, you are responsible for any loss or overdraft plus any applicable fees to your account due to an item being returned.
11. Items Returned Unpaid. Any credit to your account for checks deposited using Mobile Deposit is provisional. If Original Checks deposited through Mobile Deposit are dishonored, rejected or otherwise returned unpaid by the drawee bank, or are rejected or returned by a clearing agent or collecting bank, for any reason, including, but not limited to, issues relating to the quality of the Image, you agree that an Original Check will not be returned to you, but that we may charge back the amount of the Original Check and provide you with an Image of the Original Check, a paper reproduction of the Original Check or a substitute check. You will reimburse us for all loss, cost, damage or expense caused by or relating to the processing of the returned item. Without our approval, you shall not attempt to deposit or otherwise negotiate an Original Check if it has been charged back to you. We may debit any of your accounts to obtain payment for any item that has been rejected or returned, for any adjustment related to such item or for any warranty claim related to such item, whether or not the rejection, return, adjustment or warranty claim was made timely.
12. Availability of Funds. Federal Reserve Board Regulation CC (availability of funds) does not apply when you transmit the electronic Images of checks to us. Funds from Mobile Deposits confirmed as received before close of business on a business day (any day except Saturdays, Sundays, and federal holidays) will generally be credited to your account within the next business day. Deposits confirmed received after close of business on a business day, or on Saturday, Sunday or federal holiday will be credited to your account within the second business day. Funds will be available for withdrawal on the second business day after they are credited to your account, however, we may apply additional and longer holds on funds based on any other factors as determined by us in our sole discretion.
13. Email Address. You agree to notify us immediately if you change your email address. You can change your email address in the Digital Banking System, in person or by calling us at 405-606-6528.
14. Unavailability of Services. You understand and agree that the Services may at times be temporarily unavailable due to Oklahoma’s Credit Union system maintenance or technical difficulties including, but not limited to those of the Internet service provider and Internet software. In the event that the Services are unavailable, you acknowledge that you can deposit an original check at our branches, through our ITMs or by mailing the original check to Oklahoma’s Credit Union at P.O. Box 24027, Oklahoma City, OK 73124. It is your sole responsibility to verify that items deposited using the Services have been received and accepted for deposit by us. To verify your deposit was accepted you can sign into Digital Banking and verify your deposit was received from the Activity Center. The credit will be provisional until the deposit has cleared.
15. Retention and Disposal of Transmitted Items. You agree to securely store each original check. Once you confirm your check as been received, you agree to prominently mark the item as “Void” to ensure that it is not re-presented for payment.
- You agree to securely store each original check that you deposit using the Services for a period of at least sixty (60) days after transmission to us. After sixty (60) days and no later than ninety (90) days after you transmit the original check, you will safely destroy the original check.
- You understand and agree that you are responsible for any loss caused by your failure to secure the original checks.
- You agree never to re-present the check for deposit.
- You will promptly provide any retained check, or a sufficient copy of the front and back of the check, to Oklahoma’s CU as requested to aid in the clearing and collection process, to resolve claims by third parties with respect to any check, or for our audit purposes. If you are unable to provide a sufficient copy of the front and back of the check you will be liable for any unresolved claims by third parties.
16. Deposit Limits. We may establish limits on the dollar amount and/or number of items or deposits from time to time. If you attempt to initiate a deposit in excess of these limits, we may reject your deposit. If we permit you to make a deposit in excess of these limits, such deposit will still be subject to the terms of this Agreement, and we will not be obligated to allow such a deposit at other times.
17. In Case of Errors. You agree to immediately notify us of any suspected errors regarding checks deposited through the Services by calling 405-606-6528. You can see a complete history of all your mobile deposits at any time inside our Digital Banking system under Account Services > Activity Center > Deposited Checks.
18. Periodic Statement. Any mobile checks deposits made through the Services will be reflected on your monthly periodic statement. You understand and agree that you are required to notify us of any error relating to images transmitted using the Services by no later than sixty (60) days after you receive the monthly periodic statement that includes any transaction you allege is erroneous. You are responsible for any errors that you fail to bring to our attention within such time period.
19. Ownership & License. You agree that we retain all ownership and proprietary rights in the Services, associated content, technology, and website(s). Your use of the Services is subject to and conditioned upon your complete compliance with this Agreement. Without limiting the effect of the foregoing, any breach of this Agreement immediately terminates your right to use the Services. Without limiting the restriction of the foregoing, you may not use the Services (i) in any anti-competitive manner, (ii) for any purpose which would be contrary to the business interest of Oklahoma’s CU, or (iii) to actual or potential economic disadvantage in any aspect to Oklahoma’s CU. You may use the Services only for non-business, personal use in accordance with this Agreement. You may not copy, reproduce, distribute or create derivative works from the content and agree not to reverse engineer or reverse compile any of the technology used to provide the Services.
20. DISCLAIMER OF WARRANTIES. YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR RISK. YOU ALSO UNDERSTAND AND AGREE THAT THE SERVICES AND ALL INFORMATION AND CONTENT (INCLUDING THAT OF THIRD PARTIES) IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOU UNDERSTAND AND AGREE THAT WE DO NOT MAKE ANY WARRANTIES OF ANY KIND AS TO THE USE OF THE SERVICES, EQUIPMENT, HARDWARE, SOFTWARE OR INTERNET PROVIDER SERVICE, OR ANY PART OF THEM, WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE MAKE NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. WE ALSO MAKE NO WARRANTY THAT THE RESULTS THAT MAY BE OBTAINED FROM USING THE SERVICES WILL BE ACCURATE OR RELIABLE, OR THAT ANY ERRORS IN THE SERVICES OR TECHNOLOGY WILL BE CORRECTED. WE ARE NOT RESPONSIBLE FOR ANY LOSS, INJURY OR DAMAGES, WHETHER DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL, CAUSED BY YOUR INTERNET PROVIDER, ANY RELATED SOFTWARE OR OKLAHOMA’S CU’S USE OF ANY OF THEM OR ARISING IN ANY WAY FROM THE INSTALLATION, USE OR MAINTENANCE OF YOUR PERSONAL COMPUTER HARDWARE, SOFTWARE OR OTHER EQUIPMENT.
21. LIMITATION OF LIABILITY. YOU UNDERSTAND AND AGREE THAT WE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER LOSSES RESULTING FROM OR ATTRIBUTABLE TO THE USE OR THE INABILITY TO USE THE SERVICES INCURRED BY YOU OR ANY THIRD PARTY ARISING FROM OR ATTRIBUTABLE TO THE USE OF, INABILITY TO USE, THE TERMINATION OF THE USE OF THE SERVICES, OR YOUR BREACH OF THIS AGREEMENT, REGARDLESS OF THE FORM OF ACTION OR CLAIM (WHETHER CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE), EVEN IF OKLAHOMA’S CU HAS BEEN INFORMED OF THE POSSIBILITY THEREOF.
22. Accountholder’s Warranties. You make the following warranties and representations with respect to your use of the Services and each image of an original check you transmit to us using the Services:
Each image of a check transmitted to us is a true and accurate rendition of the front and back of the original check, without any alteration, and the drawer of the check has no defense against payment of the check.
The amount, the payee, signature(s), and endorsement(s) on the original check are legible, genuine, and accurate.
- Each check that you submit to us for deposit will not be resubmitted in any format to us or to any other person for payment and will not cause the same drawer’s account to be debited twice.
- Other than the digital image of an original check that you remotely deposit through the Services, there are no other duplicate images of the original check.
- Each original check was authorized by the drawer in the amount stated on the original check and to the payee stated on the original check.
- You have not knowingly failed to communicate any material information to us.
- You will retain possession of each original check deposited using the Services for the required retention period and neither you nor any other party will submit the original check for payment.
- You will not use the Services and/or your accounts for any illegal activity or transactions.
- Files and images transmitted to us will contain no viruses or any other disabling features that may have an adverse impact on our network, data, or related systems.
23. Accountholder’s Indemnification Obligation. You understand and agree that you are required to indemnify us and hold us harmless against any and all claims, actions, damages, liabilities, costs and expenses, including reasonable attorneys’ fees and expenses, arising out of your use of the Services and/or breach of this Agreement. You understand and agree that this paragraph shall survive termination of this Agreement.
24. Termination of the Services. We reserve the right to terminate the Service at any time without notice to you. Provisions of this Agreement shall survive termination of this Agreement. We reserve the right to suspend your use of the Service at any time and for any reason, including, but not limited to, use of the Service that is abusive, fraudulent, negligent or any other activity that we determine to be unlawful or harmful
25. Relationship to Other Disclosures. The information in this Agreement applies only to the Services described herein the Mobile Check Deposit User Agreement. Provisions in other disclosures and disclosure documents, as may be revised from time to time, remain in effect for all other aspects of your account.
26. Governing Law. You understand and agree that this Agreement and all questions relating to its validity, interpretation, performance, and enforcement shall be governed by and construed in accordance with the internal laws of the State of Oklahoma and Federal Law, notwithstanding any conflict-of-laws doctrines of such state or other jurisdiction to the contrary. You also agree to submit to the personal jurisdiction of the courts of the State of Oklahoma.
27. Waiver. We may waive enforcement of any provision of this Agreement. No waiver of a breach of this Agreement shall constitute a waiver of any prior or subsequent breach of the Agreement. Any such waiver shall not affect our rights with respect to any other transaction or to modify the terms of this Agreement. In the event that any provision of this Agreement shall be deemed to be invalid, illegal, or unenforceable to any extent, the remainder of the Agreement shall not be impaired or otherwise affected and shall continue to be valid and enforceable to the fullest extent permitted by law.