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Mobile Banking Agreement

Please carefully read and accept these Terms and Conditions.

Definitions. The words "you" and "your" refer to either and all of the persons completing the online registration. The words "we", "us", and "our" refer to Kemba Credit Union. The words "your accounts" refer to the accounts with us identified in the online registration, including all share and loan accounts. The words "your loan accounts" refer to the loan accounts with us on which either or all of you are obligated to us. The words "our online/mobile banking" and "our website" refer to our Internet Banking service and mobile banking service. The word "terms" refers to these Terms and Conditions. "ACH" refers to Automated Clearing House.

Security. We will employ such security measures as in our reasonable judgement are appropriate to secure our website. You will not use our website for unauthorized purposes. We may monitor and audit transactions made through our website.

Access to Accounts Via the Internet. Subject to the terms set forth below, we will provide you with our online/mobile banking service pursuant to which you can access your accounts by computer via the internet through our website using your user ID and password and providing such other information as may be required by our website to accomplish the following:

  • Transfer funds between your accounts.
  • Make payments from your accounts to your loan accounts.
  • Make payments from your accounts to third parties pursuant to our Online Bill Payment Program described below.
  • Transfer funds from lines of credit you have with us to your accounts.
  • Get information about your accounts, such as account balances or information on deposits or withdrawals.
  • Make remote deposits of certain checks through mobile banking if you meet eligibility requirements. Our mobile remote deposit program is described below in the mobile banking section.

We may modify or cancel any such services at any time without notice at our discretion, except when required by law. We will have no obligation to carry out any transfers or payments unless there are sufficient funds in the pertinent account or any overdraft line of credit on that account. You can arrange for assistance to change your password by the online processes. Please see the Limitations on Frequency of Transfers below.

Online Bill Payment Program. Our Online Bill Payment Program may involve third party service providers or senders.

  • Please refer to the credit union's fee schedule for Bill Payment fees.

Software Requirements. Posted on our website is a statement of the software requirements to participate in our online/mobile banking service. You are solely responsible for setting up and maintaining your computer software and satisfying all software requirements.

Electronic Disclosures and Notices. This Disclosure describes the process that must occur before we can provide you with electronic disclosures and notices (such as by email or website). It also describes your rights in the event you consent to receiving electronic disclosures and notices. First, we must inform you as to the computer hardware and software requirements to receive and keep the electronic disclosures and notices. Then we must make an electronic request for your consent. Finally, you must give your consent electronically in response to our request. You understand prior to giving your consent that:

  • Your consent applies to disclosures and notices regarding your accounts or our online/mobile banking, and it applies to your periodic account statements;
  • Unless you consent, you have the right to receive all required disclosures in paper or non-electronic form;
  • Even after consent, if you want to receive a paper copy of the disclosure in addition to the electronic disclosure you can obtain one by calling us (please refer to the credit union's fee schedule for paper copy fees);
  • You can withdraw your consent at any time by calling us; and
  • You must promptly provide us with the information (such as an email address) needed to communicate with you electronically and update us as to any changes in such information by calling us.

We reserve the right to provide any disclosures or notices in writing, rather than electronically. Except as otherwise provided by law or in other agreements, you can give us all notices regarding your accounts, our online/mobile banking, or your periodic statements, except for stop payment orders, by email using our then current email address, regardless of anything in this agreement to the contrary; however, we reserve the right to have notices confirmed in writing upon our request.

Stop-Payment Orders. To be effective, a stop-payment order must be received in time and must sufficiently identify the payment to allow us a reasonable opportunity to act on it. If the payment is by check, we give notice at the time an oral stop-payment order is received that written confirmation is required and provide an address where the written confirmation can be sent. An oral stop-payment order is effective for 14 calendar days only, unless confirmed in writing within the 14-day period. Properly signed written stop payment orders are effective for 6 months after date received and will automatically expire after that period unless renewed in writing. Please refer to the credit union's fee schedule for stop payment fees.

Hours of Operation. You ordinarily can participate in our online/mobile banking 24 hours a day - 7 days a week. However, we reserve the right to suspend our online/mobile banking from time to time as we deem appropriate.

Assignment and Delegation. We can assign our interest and responsibilities under this agreement, delegate our responsibilities under this agreement, and use independent contractors to perform or assist in the performance of our responsibilities under this agreement, as we deem appropriate.

Limitations on Frequency of Transfers. In addition to those limitations on transfers elsewhere described, if any, the following limitations apply:

Regardless of anything else in this or other agreements, transfers and withdrawals from a Money Market/C.I.A. account to another of your accounts or to third parties by preauthorized, automatic, telephonic, or computer transfer cannot exceed six per calendar month.

For security reasons, there may be other limitations on the number of transfers you can make.

Termination. We can terminate your right to participate in our online/mobile banking at any time if you fail to comply with these terms or the terms of your account agreements with us, including any failure to pay a required fee. Either you or we can terminate this agreement without cause upon 30 days advance notice.

Changes in Terms. We can change these terms by giving you notice as required by law. Continued use of our online/mobile banking by you after notice of a change in terms constitutes acceptance of the change.

Notices. Notices must be in writing and mailed or hand delivered, except that we can give them to you electronically if you have so consented. Notices to you are effective when given, regardless of whether you receive them. Notices to us are effective only when we actually receive them.

Irreconcilable Conflicts. These terms supersede those of your deposit or loan account agreements to the extent they cannot be reconciled. You expressly waive any deposit account agreement requirements of one or more signatures for withdrawal when using our online/mobile banking. Any one of the persons authorized to make withdrawals from your deposit accounts is authorized to make transfers pursuant to our online/mobile banking, even if your account agreements provide that multiple signatures are required for withdrawal.

FEES

Please refer to the credit union's fee schedule. We can debit any fees to any of your accounts without notice.

DOCUMENTATION

Periodic Statements . You will be provided with a monthly account statement from us for your accounts, unless there are no transfers in a particular month or if you only have a savings account, in which case you will get a statement at least quarterly.

FINANCIAL INSTITUTION'S LIABILITY

Liability for Failure to Make Transfers. If we do not complete a transfer to or from your account on time and in a correct amount according to our agreement with you, we will be liable for your losses or damages. However, there are some exceptions. We will not be liable, for instance:

  • If, through no fault of ours, you do not have enough money in your account to make the transfer.
  • If you have an overdraft line and the transfer would go over the credit limit.
  • If circumstances beyond our control such as interruption of telecommunication service, catastrophic or emergency conditions, or a natural disaster (such as a fire or flood) prevent the transfer, even though we have taken reasonable precautions.
  • If the funds are subject to legal process or other encumbrance restricting the transfer.
  • There may be other exceptions stated in our agreement with you.

Except as expressly required by these terms or otherwise required by law, we will not be liable for any losses or damages resulting from:

  • Deficiencies in your computer hardware or software or in your ability or care in using them, or
  • Problems relating to your access to the internet.

CONFIDENTIALITY

We can disclose information to third parties about your account or the transfers you make:

  • Where it is necessary for completing transfers; or
  • In order to verify the existence and condition of your account for a third party, such as a credit bureau or merchant; or
  • In order to comply with government agency or court orders; or
  • As explained in our separate privacy disclosures.

UNAUTHORIZED TRANSFERS

Consumer Liability. Tell us AT ONCE if you believe your user ID/password has been lost or stolen, or if you believe that an electronic fund transfer has been made without your permission using information from your check. Telephoning is the best way of keeping your possible losses down. You could lose all the money in your account (plus your maximum overdraft line of credit). If you tell us within 2 business days after you learn of the loss or theft of your user ID/password, you can lose no more than $50 if someone uses your user ID/password without your permission.

If you do NOT tell us within 2 business days after you learn of the loss or theft of your user ID/password, and we prove we could have stopped someone from using your user ID/password without your permission if you had told us, you could lose as much as $500.
Also, if your statement shows transfers that you did not make, tell us at once. If you do not tell us within 60 days after the statement was mailed to you or was provided electronically if you consented to receiving the statement that way, you may not get back any money you lost after the 60 days if we can prove that we could have stopped someone from taking the money if you had told us in time.

If a good reason (such as a long trip or a hospital stay) kept you from telling us, we will extend the time periods.

Contact in Event of Unauthorized Transfer. If you believe your user ID/password has been lost or stolen, call or write us at the telephone number or address listed below. You should also call the number or write to the address listed below if you believe a transfer has been made using the information from your check without your permission.

ERROR RESOLUTION NOTICE

In Case of Errors or Questions About Your Electronic Transfers . Call or Write us at the telephone number or address listed below, as soon as you can, if you think your statement or receipt is wrong or if you need more information about a transfer listed on the statement or receipt. We must hear from you no later than 60 days after we sent you, or provided electronically to you if you consented to receipt that way, the FIRST statement on which the problem or error appeared.

  • Tell us your name and account number (if any).
  • Describe the error or the transfer you are unsure about, and explain as clearly as you can why you believe it is an error or why you need more information.
  • Tell us the dollar amount of the suspected error.

If you tell us orally, we may require that you send us your complaint or question in writing within 10 business days.

We will determine whether an error occurred within 10 business days (20 business days if the transfer involved a new account) after we hear from you and will correct any error promptly. If we need more time, however, we may take up to 45 days (90 days if the transfer involved a new account, a point of sale transaction, or a foreign-initiated transfer) to investigate your complaint or question. If we decide to do this, we will credit your account within 10 business days (20 business days if the transfer involved a new account) for the amount you think is in error, so that you will have the use of the money during the time it takes us to complete our investigation. If we ask you to put your question or complaint in writing and we do not receive it within 10 business days, we may not credit your account. Your account is considered a new account for the first 30 days after the first deposit is made, unless each of you already has an established account with us before this account is opened.

We will tell you the results within three business days after completing our investigation. If we decide that there was no error, we will send you a written explanation. You may ask for copies of the documents that we used in our investigation.

MOBILE BANKING AGREEMENT
Please read this Agreement carefully before accessing or using this service. This Agreement supplements our Online Banking Terms and Conditions. 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, Disclosures and Notices
Mobile Banking is an electronic internet based service. Therefore, you understand that the Mobile Banking Agreement will be entered into electronically.

This Disclosure describes the process that must occur before we can provide you with electronic disclosures and notices (such as by email or website). It also describes your rights in the event you consent to receiving electronic disclosures and notices. First we must inform you as to the computer hardware and software requirements to receive and keep the electronic disclosures and notices. Then we must make an electronic request for your consent. Finally, you must give your consent electronically in response to our request. You understand prior to giving your consent that:

  1. Your consent applies to disclosures and notices regarding your accounts on our mobile banking;
  2. Unless you consent, you have the right to receive all required disclosures in paper or non-electronic form;
  3. Even after consent, if you want to receive a paper copy of the disclosure in addition to the electronic disclosure you can obtain one by calling us (please refer to the credit union's fee schedule for paper copy fees);
  4. You can withdraw your consent at any time by calling us;
  5. You must promptly provide us with the information (such as an email address) needed to communicate with you electronically and update us as to any changes in such information by calling us.

We reserve the right to provide any disclosures or notices in writing, rather than electronically.

Mobile Banking Services
The following terms and conditions apply to the Mobile Banking service:

1. You understand that to use Mobile Banking, you must have already registered for Online Banking. Posted on our website is a statement of the software requirements to participate in our Online and Mobile Banking. Mobile Banking 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 Banking allows you to access your account information, transfer funds, and conduct other banking transactions. 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 Banking. We also reserve the right to modify the scope of the service at any time.

We may offer additional Mobile Banking services and features in the future. Any such added Mobile Banking services and features will be governed by this agreement and by any terms and conditions provided to you at the time the new Mobile Banking 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 Banking services we offer without notice, except as may be required by law.

Mobile Banking 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.

2. Use of Service . You agree to accept responsibility for learning how to use Mobile Banking and agree that you will contact us directly if you have any problems with Mobile Banking. In the event of any modifications, you are responsible for making sure you understand how to use Mobile Banking 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.

3. Other Agreements. You agree that, when you use Mobile Banking, you remain subject to the terms and conditions of your existing agreements with 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 Banking (such as data usage or text messaging charges imposed on you by your mobile service provider for your use of or interaction with Mobile Banking), 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. And you should review the credit union's account disclosures carefully, as they may include transaction limitations and fees which might apply to your use of Mobile Banking.

4. Permitted Mobile Banking Transfers. You may transfer or withdrawal 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, 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.

5. You represent and agree to the following by enrolling for Mobile Banking or by using the Service:

a. 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 Banking. You represent and agree that all information you provide to us in connection with Mobile Banking is accurate, current and complete, and that you have the right to provide such information to us for the purpose of using Mobile Banking. 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 Banking.

b. User Security. You agree to take every precaution to ensure the safety, security and integrity of your account and transactions when using Mobile Banking. You agree not to leave your Device unattended while logged into Mobile Banking 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. You agree not to store your password in your device. If you permit other persons to use your Device, login information, or other means to access Mobile Banking, you are responsible for any transactions they authorize and we will not be liable for any damages resulting to you.

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

c. User Conduct. You agree not to use Mobile Banking or the content or information delivered through Mobile Banking 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 Banking 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 Banking; (i) interfere with or disrupt the use of Mobile Banking by any other user; or (j) use Mobile Banking in such a manner as to gain unauthorized entry or access to the computer systems of others.

d. 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 Banking or resell, lease, rent or distribute access to Mobile Banking.

Mobile Remote Deposit

1. Features and Services. Kemba allows members in good standing to deposit certain checks into certain accounts with their mobile device camera using Kemba's mobile banking application. Kemba reserves to right to terminate any member's mobile remote deposit privileges at any time if, in its sole discretion, Kemba determines that the member has violated or abused the terms and conditions of this service.

2. Types of Checks . You are permitted to deposit checks using Mobile Remote Deposit; however, there are some checks that you cannot deposit. These include:

a. Items drawn on a depositor's own Kemba account which are being deposited to that same Kemba account;

b. Items stamped with a "non-negotiable" watermark or bearing any other sign that the item is not negotiable;

c. Third party items, i.e. any item made payable to a party other than the person seeking to deposit the item, even if such item is endorsed by both the payee and depositor;

d. Any items made payable jointly to more than one party where one of the parties is not on the account to which you seek to deposit the check;

e. Items exhibiting evidence of having been altered;

f. Any items that are not in original form with a signature, such as substitute checks or remotely created checks.

g. Items issued by foreign financial institutions or not issued in U.S. Dollars;

h. Items missing required information;

i. Items that have been previously deposited at Kemba or elsewhere.

j. "Stale-dated" or "post-dated" items.

Note that any item that you attempt to deposit using Mobile Remote Deposit is subject to verification by Kemba. We may reject an item for deposit for any reason and will not be liable to you. In such a case, you will need to deposit the item using other means, such as visiting a Kemba branch.

3. Endorsement. Mobile Remote Deposit items must be endorsed by all names written on the payee line of the item being remotely deposited and item images must be legible. The following restrictive endorsement must also be included: "For Kemba Mobile Deposit".

4. Receipt . We are not responsible for items that we do not receive. Processing and/or transmission errors can occur after we acknowledge receipt that may impact transaction completion.

5. Cut off Times for Deposits. Deposits made via Mobile Remote Deposit must be made before 3:00 p.m. Eastern Standard Time in order to be considered deposited the same day. Deposits made after 3:00 p.m. Eastern Standard Time may not be posted until the next business day. A business day is Monday through Friday, excluding Federal holidays and as otherwise posted in our branches or at http://www.kemba.com/.

6. Availability of Funds Deposited .

Checks are subject to verification by Kemba and may be rejected for any reason without liability to us. If the check is approved by Kemba, the check will be made available to you the second business day after the day of deposit in most cases.

There are some reasons that you may have delayed availability such as a history of repeated overdrafts or returned items. Also, if you deposit a larger item, availability may be delayed if you do not have funds in the account to cover the check should it be returned. In such cases, you will receive full availability by the seventh business day after the day of deposit. If your account has been open 30 days or less, however, you may not receive full availability until the ninth business day after the day of deposit.

If the check is not approved, any amount that was made immediately available to you will be removed from your account and you will be notified that we could not accept your deposit. Notifications of delayed availability or disapproval of the deposit may not be available to you via the Mobile App and instead may come via regular mail, electronic delivery (e.g. email), or other acceptable means.

7. Destruction of Original Check. Within 30 days of receiving full credit for the check, you must destroy the check. Shredding is one way to destroy it. Destroying the check prevents it from being presented for deposit another time. You will be liable for checks that are presented more than once.

8. Image Quality . The image of an item transmitted to Kemba must be legible.

9. Changes/Removal of Service. We may, in our sole discretion, modify, add or remove portions of the service or end the service at any time without notice. We may turn off the service to you if we suspect fraud, if you misuse Mobile Remote Deposit, if you do not adhere to our endorsement requirements, if you have excessive overdrafts or returned items, or for other reasons in our sole discretion.

10. Limitations . When using Mobile Remote Deposit, you may experience difficulties that are outside the control of Kemba or there may be times when Mobile Remote Deposit is not available. We are not responsible for any difficulties or any damages that you may incur as a result of these difficulties or unavailability.

11. Compatible Hardware and Software . In order to use Mobile Remote Deposit, you must use, at your expense, compatible hardware and software. We are not responsible for any third party software you may need to use Mobile Remote Deposit. We may change requirements at any time without prior notice. You may need to upgrade the Mobile App to use Mobile Remote Deposit.

12. Deposit Limits . We may establish limits on the number of checks or the total amount of checks deposited using Mobile Remote Deposit. These limits may change from time to time without notice to you.

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 Banking.

The following is our contact information:


KEMBA CREDIT UNION, INC.
P.O. BOX 14090
CINCINNATI, OH 45250
Business Days: Monday through Friday
Excluding Federal Holidays
Phone: (513) 762-5070 or (800) 825-3622

Last Updated 6/23/2014