This agreement contains the terms and conditions for the use of WestStar Credit Union Mobile Deposit services. Other agreements you have entered into with WestStar Credit Union governing your account, are incorporated by reference and made a part of this agreement.
Services
The Mobile Deposit service is designed to allow you to make eligible check deposits to your WestStar Credit Union checking accounts using an approved device to transmit images of your checks and associated deposit information. Once accepted, your eligible checks will be either processed electronically or converted to substitute checks based on the information you provide. There is currently no charge for the service.
Acceptance of these Terms
Your use of the Mobile Deposit service constitutes your acceptance of this agreement. This agreement is subject to change from time to time. We will notify you of any material change via e-mail or on our websites by providing a link to the revised agreement. WestStar Credit Union reserves the right, in its sole discretion, to change, modify, add, or remove portions of the service. our continued use of the Mobile Deposit services will indicate your acceptance of any such changes to the service.
Definitions
- "Business day" refers to any day of the week that is not a Saturday, Sunday or Credit Union holiday.
- "WestStar Credit Union" and "the Credit Union" refers to WestStar Credit Union, including its agents and service providers.
- "Member Agreement" means collectively the WestStar Credit Union Membership Disclosure (Important Account Information For Our Members) and any other account information provided to you by WestStar Credit Union.
- "Deposit account" means an eligible checking account.
- "Eligible checks" mean original paper checks payable to you and meeting the requirements of a check as defined in Federal Reserve Regulation CC and WestStar Credit Union deposit guidelines.
- "Eligible WestStar Credit Union account" means the WestStar Credit Union checking account(s) that meets certain eligibility criteria established by WestStar Credit Union and have been enrolled in eTeller Online Banking and Mobile Access.
- "Eligible device" means a remote device or other device WestStar Credit Union may approve as eligible for the Mobile Access service. Those devices presently include the Apple iPhone or iPad; or Android smartphone or tablet.
- "Remote device" means a device which includes a camera or other functionality capable of capturing and transmitting images.
- "Substitute check" means a paper check created from an electronic image in accordance with the requirements of Federal Reserve Regulation CC.
- "You" and "your" refer to the member who has agreed below to the terms and conditions of this agreement.
Limitations of Service
When using the Mobile Deposit service, 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. We reserve the right to change, suspend or discontinue the Mobile Deposit 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.
Hardware and Software
In order to use the Mobile Deposit service, you must obtain and maintain, at your own expense, a remote device, other hardware and software, or any other eligible device WestStar Credit Union may designate in the future. If WestStar Credit Union designates any additional eligible devices, such eligible devices will be indicated in this disclosure on the WestStar Credit Union website. WestStar Credit Union assumes no responsibility for defects, failures or incompatibility of any equipment used in connection with the Mobile Deposit service, including any third party software you may need to use the service. Any third party software is subject to the terms and conditions of the software agreement you enter into directly with the third party software provider at the time of download and installation.
FAILURE TO PROTECT YOUR REMOTE DEVICE AND SECURITY CREDENTIALS MAY ALLOW AN UNAUTHORIZED PARTY TO ACCESS THE SERVICE AND TRANSMIT ELECTRONIC ITEMS FOR DEPOSIT. ALL USES OF THE SERVICE THROUGH YOUR SECURITY CREDENTIALS WILL BE DEEMED TO BE USES AUTHORIZED BY YOU AND BE BINDING UPON YOU. YOU ASSUME THE ENTIRE RISK FOR THE FRAUDULENT OR UNAUTHORIZED USE OF YOUR SECURITY CREDENTIALS. YOU AGREE TO (i) EXERCISE RESPONSIBLE BEHAVIOR WHEN USING THE SERVICE, (ii) FOLLOW THE INSTRUCTIONS AND RECOMMENDATIONS THAT WESTSTAR CREDIT UNION PROVIDES YOU WITH RESPECT TO THE SERVICE, AND (iii) USE MAXIMUM CAUTION IN PROTECTING YOUR REMOTE DEVICE AND SECURITY CREDENTIALS FROM UNAUTHORIZED ACCESS. YOU AGREE TO NOTIFY WESTSTAR CREDIT UNION IMMEDIATELY IF YOU BECOME AWARE OF ANY LOSS OR THEFT OF, OR ANY UNAUTHORIZED USE OF THE SERVICE OR YOUR SECURITY CREDENTIALS.
Eligible items
You agree to scan and deposit only checks made payable to you and endorsed by you, as that term is defined in Federal Reserve Regulation CC ("Reg. CC"). You agree that the image of the check transmitted to WestStar Credit Union shall be deemed an “item” within the meaning of Article 4 of the Uniform Commercial Code. You agree that you will not use the Mobile Deposit services to scan and deposit any checks or other items as shown below:
- Checks payable to others (even if endorsed over to you);
- Demand drafts or remotely created checks (i.e. checks lacking the original signature of the person authorizing the check);
- Substitute checks (i.e. paper checks created from an electronic image);
- Checks or items containing obvious alteration to any of the fields on the front of the check or authorized by the owner of the account on which the check or item is drawn or are irregular in any way (e.g. where the numerical and written amounts are different);
- Checks that have been previously returned unpaid for any reason;
- Checks that are postdated or more than six (6) months old;
- Checks drawn on a foreign financial institution or payable in a foreign currency;
- Checks you suspect may be fraudulent or not properly authorized;
- Checks that exceed the maximum daily limit set forth below;
- Checks which are otherwise not acceptable under the terms of your Member Agreement.
WestStar Credit Union’s processing of any of the checks described above shall not obligate it to continue that practice and it may stop doing so without cause or prior notice. Additionally, WestStar Credit Union may refuse any check for deposit, with or without cause.
Processing Hours, Locations, & Availability
The Mobile Deposit service can be utilized by you 24 hours a day, seven days a week, except when the service is unavailable due to needed maintenance or system outages. The Credit Union is not responsible for the unavailability of the service or any damages that may result from its unavailability. Images of eligible checks and associated deposit information received for processing by WestStar Credit Union before 4:00 pm Pacific Standard Time on a business day will be processed on that business day. Images of eligible checks and associated deposit information received for processing after 4:00 pm Pacific Standard Time on a business day; or on a Saturday, Sunday, or Credit Union holiday will be processed on the next business day.
Confirmation of Receipt of Check Images
You will receive an electronic confirmation of receipt of the image of your eligible check upon the successful transmission of that image to WestStar Credit Union. Receipt of the image of your eligible check is not deemed to have occurred until after WestStar Credit Union has provided electronic notification of such receipt.
We reserve the right to reject any item transmitted through the Mobile Deposit service, at our discretion, without liability. We are not responsible for items we do not receive or for images that are dropped during transmission. An image of an item shall be deemed received when you receive a confirmation from WestStar Credit Union that we have received the image. Receipt of such confirmation does not indicate that the transmission was error free or complete.
Availability of Funds
Funds from check deposits made via the Mobile Deposit service will be subject to a 3 business day hold for items less than $2,500; a 5 business day hold for items $2,500 or more; and a 10 business day hold for all deposited items on accounts opened less than 90 days.
Deposit Limits
The following deposit limits apply to the deposits to your eligible WestStar Credit Union accounts through the Service:
- $25,000 item limit
- 10 Items per day
You understand that you will not make deposits through the Mobile Deposit service in excess of this limit. WestStar Credit Union may refuse to accept and process any deposits that exceed this dollar limit. In addition, the Credit Union reserves the right to change these limits or impose additional limits at its sole discretion.
Image Quality
The image of an item transmitted to WestStar Credit Union using the Mobile Deposit service must be legible. The image quality of the items must comply with the requirements established by ANSI, the Board of Governors of the Federal Reserve Board, or any other regulatory agency, clearing house, or associations.
Check Endorsement Requirements
Prior to scanning any check through the Mobile Deposit service, you agree to restrictively endorse the original check "Mobile Deposit Only at WestStar CU, account#_______". or as otherwise instructed by WestStar Credit Union. You agree to follow all other instructions provided to you by WestStar Credit Union for capturing and transmitting check images and associated deposit information via the Mobile Deposit service.
Storage and Destruction of Original Checks
Upon receipt of a confirmation from WestStar Credit Union that we have received the image of an item, you will retain the original paper item for 14 calendar days from the transmission date. You agree to mark the item as "Electronically Presented" or "VOID" to ensure that it is not re-presented for payment. You will promptly provide any retained item, or a sufficient copy of the front and back of the item, to WestStar Credit Union as requested to aid in the clearing and collection process, to resolve claims by third parties with respect to any item, or for WestStar Credit Union’s audit purposes. At the end of 14 calendar days you agree to properly dispose of the item.
Errors
You agree to notify WestStar Credit Union of any suspected errors regarding items deposited through the Mobile Deposit service immediately, and in no event later than 60 days after the applicable WestStar account statement is sent. Unless you notify WestStar Credit Union within 60 days, such statement regarding all deposits made through the Mobile Deposit services shall be deemed correct, and you are prohibited from bringing a claim against WestStar Credit Union for such alleged error.
Presentment
The manner in which the items are cleared, presented for payment, and collected shall be in WestStar Credit Union’s sole discretion subject to the depository agreement and disclosures governing your account.
DISCLAIMER OF WARRANTIES: You agree your use of the services and all information and content (including that of third parties) is at your risk and is provided on an "as is" and "as available" basis. We disclaim all warranties of any kind as to the use of the services, whether express or implied, including, but not limited to the implied warranties or merchantability, fitness for a particular purpose and no infringement. We make no warranty that the services (i) will meet your requirements, (ii) will be uninterrupted, timely secure, or error free, (iii) the results that may be obtained from the service will be accurate or reliable, and (iv) any errors in the services or technology will be corrected.
LIMITATION OF LIABILITY: You agree that we will not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including, but not limited to damages for loss of profits, goodwill, use, data or other losses resulting from the use, or the inability to use the services incurred by you or any third party arising from or related to the use of, inability to use, or the termination of the use of this service, regardless of the form of action or claim (whether contract, tort, strict liability or otherwise), even if WestStar Credit Union has been informed of the possibility thereof.
User Warranties and Indemnification
You represent and warrant the following with respect to each image of a check that you transmit through the Mobile Deposit service:
- You will only transmit eligible items.
- Images will meet the image quality standards.
- You will not transmit duplicate items.
- You will not deposit or re-present the original item.
- All information you provide to WestStar Credit Union is accurate and true.
- You will comply with this agreement and all applicable rules, laws and regulations.
- You agree to indemnify and hold harmless WestStar Credit Union from any loss for breach of this warranty provision.
Returned Items and Right of Chargeback
If any image of a check you deposit is dishonored or otherwise returned unpaid by the institution upon which it is drawn, you understand that WestStar Credit Union will return the check to you in the form of a substitute check. If you decide to redeposit the returned check, you may only redeposit the substitute check by taking that check to a WestStar Credit Union branch. You may not deposit the original check. Your account will be charged back the amount of the check in addition to any applicable fees in accordance with the terms of your Member Agreement.
Termination or Suspension of Mobile Deposit Service
WestStar Credit Union may terminate or suspend your use of the Mobile Deposit service at any time. WestStar Credit Union may terminate or suspend the service without prior notice if the credit union, in its sole judgment, believes there has been a breach in the security of the service, there has been unauthorized activity involving your account, you have engaged in activity that violates the terms of this agreement, or there has been account activity resulting in an overdraft in any of your deposit accounts with the Credit Union. Should your use of the Mobile Deposit service be suspended, WestStar Credit Union may, in its discretion, reconsider your account for eligibility to use the Mobile Deposit service no sooner than six months after the suspension date.
Amendments
You agree that WestStar Credit Union may change the terms and conditions of this agreement as required by law or credit union policy. Unless otherwise required by law, WestStar Credit Union may amend this agreement without prior notice to you. If the Credit Union chooses to notify you of an amendment or is required to do so by law, WestStar Credit Union may ask you to agree to an amended version of this agreement electronically, or by mailing or delivering a separate notice, statement message, or electronic message to you at the last address on file for you.
Governing Law
This Agreement shall be governed by federal laws and regulations. To the extent such laws and regulations do not apply, this agreement is governed by the laws of the state of Nevada.
Electronic Consent and Acceptance of Terms and Conditions
In order to enroll in the Mobile Deposit service, you consent to receive and accept the terms and conditions of this agreement, and any amendments to it electronically or in printed form at the Credit Union’s sole discretion. In the event any change to this agreement requires prior notice to you, the Credit Union will notify you by e-mail, at the e-mail address you have provided for such notices, of the new or different terms and conditions or it will provide you with a link within such e-mail where you may view the new or different terms and conditions on a web site. You understand and agree that WestStar Credit Union reserves the right to provide any notices regarding the use of the Mobile Deposit service to you in printed form.
Consent and Agreement
By agreeing to these terms, you agree: (i) that you have equipment that satisfies the above requirements; (ii) to receive information about the Mobile Deposit service, including this agreement, any amendments to it or any notices regarding the use of the service, electronically; and (iii) that you have received an electronic version of this agreement and agree to be bound by the terms and conditions contained therein. Because enrollment in the Mobile Deposit service can only occur electronically, you understand that you cannot enroll in the service unless you agree. WestStar Credit Union reserves the right to provide information and notices about the Mobile Deposit Capture service to you by non-electronic means.