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Use of HomeBanking2 is subject to the terms and
conditions of the HomeBanking2 Access Services Agreement. Before you can
accept the terms of the agreement, you MUST read this agreement by
clicking on the "continue" button below.
Only after reading the agreement and accepting its
terms will you be allowed access to HomeBanking2 Access Services through
HomeBanking2.
When you have read and understood the agreement, and
if you agree to the terms and conditions of the agreement, please enter
your Personal Access Code and press the Accept button to notify your
institution of your agreement.
Please note: If you do not agree to the terms and
conditions of the HomeBanking2 Access Services Agreement, DO NOT TYPE IN
YOUR PERSONAL ACCESS CODE.
St. Stanislaus-St. Casimir's Polish Parishes Credit
Union Limited-HomeBanking2 AGREEMENT
In exchange for the Credit Union permitting the Member
to use the HomeBanking2 Services, the Member agrees as follows:
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Definitions
- "Account"
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means any account under any membership held by the
Member with the Credit Union;
- "HomeBanking2"
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means all of the services available through the
use of the PAC in combination with the Software and Equipment,
currently known as HomeBanking2;
- "Equipment"
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means the equipment, such as a personal computer
equipment which when, used in combination with the Software and the
PAC, permit access to the HomeBanking2 Services;
- "PAC"
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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 HomeBanking2 Services;
- "Signing Authority"
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means any person authorized to sign on an
Account;
- "Software"
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means the HomeBanking2 computer software which in
combination with the Equipment and the PAC permit access to the
HomeBanking2 Services, and includes all upgrades, revisions, releases
and new versions of such computer software;
- "Transaction"
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means any transaction performed using any of the
HomeBanking2 Services;
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Use of HomeBanking2 Services
The Member may use the HomeBanking2 Services to
access any permitted Account and to conduct Transactions as may be
permitted with respect to any such Account. When using the HomeBanking2
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 HomeBanking2 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 HomeBanking2 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.
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Limitations
The Member agrees that the HomeBanking2 Services
will be available only on an "as is" and "as available"
basis.
The Credit Union offers the HomeBanking2 Services in
order to improve the accessibility of the Credit Union to its Members.
However, the provision of HomeBanking2 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.
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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.
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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.
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Service Fees
The Credit Union will establish service fees for use
of the HomeBanking2 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.
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Transaction Processing
When the PAC is used by the Member to conduct a
Transaction by accessing the HomeBanking2 Services the Member may not
revoke or stop any such Transaction once the Transaction request has
been processed.
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Software Licence
If the Member wishes to use the HomeBanking2
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 HomeBanking2 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.
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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.
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Termination
The Credit Union may at any time without notice
withdraw permission to use any of the HomeBanking2 Services, or cancel
or alter any of the HomeBanking2 Services without being liable for any
loss resulting from such action. If the Credit Union withdraws
permission to use the HomeBanking2 Services, or if the Member no longer
wishes to use the HomeBanking2 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 HomeBanking2 Services by the Credit
Union. The termination of HomeBanking2 Services for any reason will not
relieve the Member of any obligations under this Agreement with respect
to the HomeBanking2 Services.
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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 HomeBanking2 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.
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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.
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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
HomeBanking2 Services shall be deemed to be acceptance of the terms and
conditions hereof as of the date of first use.
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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 HomeBanking2 Services
with respect to that Account.
Agreed and Accepted as of
this day of
,
Member
__________________________________ St.
Stanislaus-St. Casimir's Polish Parishes Credit Union
By :
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