Legal

Kawartha Credit Union - MemberDirect® AGREEMENT

In exchange for the Credit Union permitting the Member to use the MemberDirect® Services, the Member agrees as follows:

  1. Definitions

    "Account"

    means any account under any membership held by the Member with the Credit Union;

    "MemberDirect®"

    means all of the services available through the use of the PAC in combination with the Software and Equipment, currently known as MemberDirect®;

    "Equipment"

    means the equipment, such as a personal computer equipment which when, used in combination with the Software and the PAC, permit access to the MemberDirect® Services;

    "PAC"

    means the personal access code selected by the Member for the Member’s use, which, when used with the Software and Equipment, permits access to the MemberDirect® Services;

    "Signing Authority"

    means any person authorized to sign on an Account;

    "Software"

    means the MemberDirect® computer software which in combination with the Equipment and the PAC permit access to the MemberDirect® Services, and includes all upgrades, revisions, releases and new versions of such computer software;

    "Transaction"

    means any transaction performed using any of the MemberDirect® Services;

  2. Use of MemberDirect® Services

    The Member may use the MemberDirect® Services to access any permitted Account and to conduct Transactions as may be permitted with respect to any such Account. When using the MemberDirect® Services, the member will not be permitted to pay bills from, or transfer funds out of any Account on which more than one signature is required to authorize a transaction, unless prior authorization is received in writing from all required signers. The Member agrees to follow the instructions of the Credit Union in effect from time to time with respect to the use of the MemberDirect® Services.

    When a PAC is used to conduct any Transaction, the authorization given at the time of the Transaction will be treated as if it was given by the Member in person, and the Member agrees to be bound by each such Transaction. The Member irrevocably authorizes and directs the Credit Union to debit or credit, as the case may be, the amount of any Transaction to the Account or Accounts designated by the Member at the time of the Transaction, in accordance with the Credit Union’s normal practices. The Credit Union’s practices respecting the debiting or crediting of any Transaction under any of the MemberDirect® Services may be revised from time to time with or without notice to the Member.

    The Member agrees not to conduct or try to conduct any Transaction that would result in a negative balance in any Account or would exceed the unused balance of any authorized overdraft or line of credit, if available. The Member will indemnify the Credit Union for all liability or loss arising out of any such Transaction.

  3. Limitations

    The Member agrees that the MemberDirect® Services will be available only on an "as is" and "as available" basis.

    The Credit Union offers the MemberDirect® Services in order to improve the accessibility of the Credit Union to its Members. However, the provision of MemberDirect® Services is dependent in part on communication lines and other third party equipment and services. The member agrees the credit union will not be liable for any delay, loss, damage (direct, indirect or consequential) or inconvenience whatsoever caused by or arising from the provision of or failure to provide services or the malfunction or failure to operate any software or equipment for any reason whatsoever. In no event will the credit union be liable for any personal injury, or property damage or any loss of business or profit or other indirect or consequential damages whatsoever.

  4. Confidentiality of PAC

    The PAC is for the Member’s use alone and may not be assigned or transferred. The Member agrees to keep the PAC confidential and not to disclose it to any person other than to a Signing Authority on the Account. The Member agrees not to record the PAC in any manner or on any media, whether in writing or otherwise, including without limitation in electronic form, or by voicemail or e-mail. For security reasons, the Credit Union recommends that each Member change the Member’s PAC on a regular basis, such as every 90 to 120 days. If the PAC becomes known to other than a Signing Authority on the Account, confidential information about the Member’s Account may be accessed.

  5. Transaction verification and records

    All Transactions are subject to verification and acceptance by the Credit Union, and if not accepted will be reversed from the Account. Verification may take place on a date later than the date the Member authorized the Transaction, which may affect the Transaction date.

    The Credit Union’s records of each Transaction, and the Credit Union’s accounting records, will be deemed to be correct, and will be conclusive and binding upon the Member. Any record of a Transaction generated by the Software will be for the Member’s convenience only. If the Member believes that the Credit Union’s records contain an error or omission, the Member must give written notice of the suspected error or omission to the Credit Union within the time provided in the Application for Membership and Account Operation Agreement between the Member and the Credit Union for the relevant Account or Accounts.

    If the credit union does make an error or omission for any reason, with respect to the recording of any transaction, the liability of the credit union will be limited to the amount of the error or omission in recording, plus any applicable service charges that may have been charged to the member by the credit union. Specifically, the member agrees that the credit union will not be liable for any other loss, or any loss of business or profit or any other damage (direct or indirect or consequential) or delay or inconvenience whatsoever caused by or arising from any such error or omission.

  6. Service Fees

    The Credit Union will establish service fees for use of the MemberDirect® Services and/or for conducting Transactions and may change these service fees from time to time. The Member authorizes the Credit Union to deduct any applicable service fees from any Account.

  7. Transaction Processing

    When the PAC is used by the Member to conduct a Transaction by accessing the MemberDirect® Services the Member may not revoke or stop any such Transaction once the Transaction request has been processed.

  8. Software Licence

    If the Member wishes to use the MemberDirect® Services, the Member must obtain a copy of the Software from the Credit Union, the Credit Union’s website, or its agent. The Credit Union grants the Member a licence to use one copy of the Software in computer-readable form only. The Member will use the Software only for the purposes of using the MemberDirect® Services to access any Account and to request Transactions. The Member agrees to keep the Software confidential and not to use it or disclose it except for the purposes set out in this Agreement. The Member will use the Software only in accordance with the Credit Union’s instructions in effect from time to time, including as set out in the instruction manual provided by the Credit Union in or with the Software and/or Equipment. The Member agrees not to copy any part of the manual. The Member has no rights in or to the Software other than the limited licence to use the Software as set out in this Agreement.

    The Member agrees not to copy or modify the Software or to reverse engineer, decompile or disassemble the Software or try to do so. The Member will not assign, transfer, rent, loan or sell the Software to anyone. If the Credit Union makes available a new version of the Software, the Credit Union may not support the prior version of the Software, after 90 days from the newest release.

    The Credit Union makes no representations or warranties with respect to the software, which is provided "as is". The Member waives and the Credit Union disclaims all warranties and conditions express or implied with respect to the Software and its use by the Member, including without limitation any warranty or condition of merchantable quality, durability, performance, title or fitness for a particular purpose.

  9. Member’s Liability

    The Member agrees to notify the Credit Union immediately, in writing, if their PAC becomes known to anyone other than the Member.

    The Member is liable for all unauthorized use of the PAC until such notification is made and acknowledged, in writing, by the Credit Union. Until the Credit Union’s acknowledgment is received by the Member, notification is not deemed to be received by the Credit Union.

  10. Termination

    The Credit Union may at any time without notice withdraw permission to use any of the MemberDirect® Services, or cancel or alter any of the MemberDirect® Services without being liable for any loss resulting from such action. If the Credit Union withdraws permission to use the MemberDirect® Services, or if the Member no longer wishes to use the MemberDirect® Services, the Member will immediately return to the Credit Union the Software, instruction manuals and any Equipment provided to the Member by or on behalf of the Credit Union. The Software licence granted in this Agreement will be terminated effective upon the withdrawal of the MemberDirect® Services by the Credit Union. The termination of MemberDirect® Services for any reason will not relieve the Member of any obligations under this Agreement with respect to the MemberDirect® Services.

  11. Changes to Agreement

    The Credit Union can add to or change the terms and conditions of this Agreement from time to time, but the Credit Union will give at least 30 days notice of any such additional or amended terms and conditions. The 30-day notice will run from the date a notice is mailed or is first displayed at the branch or on sign-on screen. If the Member continues to use any of the MemberDirect® Services after the effective date of any additional or amended terms or conditions to this Agreement, then the Member will be deemed to have accepted such additional or amended terms or conditions.

  12. Other Agreements

    The terms and conditions of the Application for Membership and Account Operation Agreement with the Credit Union and any other conditions or agreements between the Member and the Credit Union regarding any Accounts shall remain in full force and effect and shall apply to each Transaction, except as expressly modified by the terms of this Agreement. If there is a conflict between any provision of any of these other agreements and this Agreement, this Agreement will prevail with the exception that the Application for Membership and Account Operation Agreement between the Member and the Credit Union will prevail over this Agreement.

  13. Execution

    This Agreement may be executed in several counterparts or electronically. When executed in counterparts, each counterpart shall be deemed to be an original and such counterparts together shall constitute one and the same instrument and notwithstanding the date of execution shall be deemed to bear date as of the date written below. When executed electronically, use of MemberDirect® Services shall be deemed to be acceptance of the terms and conditions hereof as of the date of first use.

  14. General

    If the Member is the joint holder of an Account, then each joint holder of that Account will be jointly and severally liable for all Transactions conducted using the MemberDirect® Services with respect to that Account.

Agreed and Accepted as of this       day of                    ,

Member

__________________________________ Kawartha Credit Union

By : ______________________________

 

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