WEBSITE AND MOBILE SERVICES AGREEMENT
(Website, Mobile Banking, Mobile App, Online Banking, and Bill Payment Services)
Effective November 7, 2017
Before using Hawaii State FCU’s Website, Mobile Banking, Mobile App, Online Banking, and Bill Payment Services (collectively, the “Services”), please review this Website and Mobile Services Agreement, which applies to such Services. This Agreement contains the terms and conditions that govern the manner in which Hawaii State FCU (“Us,” “We,” and “Our”) provides the Services to the owner(s) of the account(s) (“You” and “Your”). Your enrollment in, or use of, any of the Services signifies your agreement to be bound by the terms of this Agreement. Subject to applicable law, this Agreement is subject to change by Hawaii State FCU at any time in our sole discretion.
This Agreement supplements, but does not replace, any other agreements, disclosures, terms and conditions, and other information that we have provided to you, all of which continue to be applicable to your Hawaii State FCU Accounts and Services, such as your Account Card, Fee Schedule, Electronic Funds Transfer (EFT) and Mobile Deposit Services Agreement for Remote Deposit Capture (RDC) agreements, disclosures, terms and conditions, and notices.
We recommend that you print and retain a copy of this Agreement for your records. You may obtain additional copies of this Agreement by contacting Hawaii State FCU.
If you have any questions or for current information about your accounts, please call us at (808) 587-2700 (Oahu) or toll-free 1 (888) 586-1056 (Continental U.S. and Neighbor Islands), go to your nearest Hawaii State FCU branch, or write us at: Hawaii State FCU, Attention ESS Department, P. O. Box 3072, Honolulu, HI 96802-3072.
You agree that you have full authority to enroll the accounts and use the Services, and that you are eighteen years of age or older. You authorize us to debit your accounts for any transactions processed through the Services, and for any fees incurred. You authorize us to initiate any reversing entry or reversing file, and to debit your accounts at Hawaii State FCU or elsewhere, in order to correct any erroneous transaction. You agree to cooperate with any action to reverse a transaction that was made in error and to offset any benefit you receive against any loss we suffer. You agree that if an instruction describes the beneficiary inconsistently by name and account number, execution of the instruction may occur on the basis of the account number, even if it identifies a person different from the named beneficiary.
Hardware and Software Requirements
For Website and Online Banking Services, you must have a computer with access to the Internet through an Internet Service Provider (ISP). You need an operating system (Microsoft® Windows 98 or higher, or IMac Operating System or higher) and a browser (Netscape® 4.7 or higher, Microsoft® Internet Explorer 5. 0 or higher, or America Online Web Browser 5.0 or higher). Hawaii State FCU is not responsible for any loss, damage or claim caused by any Internet Service Provider (ISP), software, or computer communication equipment. Adobe Acrobat Reader may be required to access supporting documents or promotional materials.
For Mobile Banking and Mobile App Services, you must obtain the Hawaii State FCU Mobile App from your device’s App store (e.g., Apple App Store or Google Play). After accessing the App, you will be prompted to read and accept the My Deposit and Mobile Deposit Services Agreement for Remote Deposit Capture (RDC) in order to gain access to Hawaii State FCU’s My Deposit and Mobile Deposit Services.
You also must provide, at your own expense, all necessary computer equipment and software, and Internet or cellular connectivity required to use the Services.
If there is a change in the hardware/software requirements associated with a Service, we will notify you and provide an explanation of the updated hardware/software requirements. It is your responsibility to assure your personal computer, mobile device, and related equipment are compatible with and capable of operating in a manner that allows you to utilize the Services. If you cannot meet the requirements for any reason, you have the right to withdraw your consent at that time at no cost to you. Withdrawing your consent will terminate your participation in the Service.
Logging On and Logging Off
It is important that you close all other windows and applications before accessing the Mobile Banking, Mobile App, Online Banking, and Bill Payment Services, and that you not open other windows or apps while you are logged on to the Services. It also is important that you end each session by properly logging off of the Services and closing the window and app for the Services before going to other websites or opening other apps. Having other windows or apps open while you are logged on to the Services, or failing to log off of the Services and closing the window or app properly, may increase the risk of unauthorized access to your Account(s).
In order to access Mobile Banking, Mobile App, Online Banking and Bill Payment Services, you will need to access your account(s) using your User ID and password. You may change your password within Mobile Banking or Online Banking by clicking on the Preference link. We recommend that you change your password regularly. For security purposes, it is recommended that you memorize your password and do not write it down. (Note: Businesses will be provided with one log-in credential. The business may designate authorized users with specified levels of access.) You are responsible for keeping your password, account numbers, and other account data confidential. This is extremely important to prevent unauthorized access to or use of your account. You agree that you will be responsible for all transfers and payments made from your account by anyone to whom you give your password or anyone that you authorize to use your Account, whether such use is pursuant to or beyond your instructions.
We may monitor your password and require you to change it. If you use a password that Hawaii State FCU considers insecure or inappropriate, Hawaii State FCU may terminate your access to the Website and Services. You are prohibited from using any services or facilities to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed to compromise security (e.g., password guessing programs, cracking tools or network probing tools) is prohibited.
We may revise or delay any or all Services referenced in this Agreement for general maintenance, security or other reasons. We may deny access to a Service if an incorrect password is entered multiple times. If access is denied, contact the Hawaii State FCU Member Service Call Center at (808) 587-2700 (Oahu) or toll-free 1 (888) 586-1056 (Continental U.S. and Neighbor Islands), or go to your nearest Hawaii State FCU branch.
Hawaii State FCU may suspend or terminate your access to the Services at any time in our sole discretion without prior notice. Access also may be suspended from time to time for general maintenance and security.
You agree to take every precaution to ensure the safety, security and integrity of your Account(s) and transactions when using the Services. You agree not to leave your computer, laptop, ipad®, Mobile Device, etc. unattended while logged into any Service and to log off immediately at the completion of each access. You agree not to provide any of your access information to any unauthorized persons. If you permit other persons to use your computer, laptop, ipad®, Mobile Device, etc., login information or other means to access a Service, you will be held responsible for any transactions they authorize and we will not be liable for any damages to you.
Funds transferred into your account via the Online Banking or Mobile Banking Service may not be immediately available for use.
Duty to Review Transactions
You agree to regularly review your account transaction history to confirm whether or not transactions have been processed properly, and to contact us immediately in the event of any discrepancy.
Unauthorized Access of Your Account
If you believe that someone has accessed your Account (including registration information such as your passwords, usernames, screen names and other access information) or any service without your authorization, please call us immediately at (808) 587-2700 (Oahu) or toll-free 1 (888) 586-1056 (Continental U.S. and Neighbor Islands).
Restrictions on Use
For your protection and the protection of our Website, you agree not to share your registration information, passwords, usernames, screen names or other access information, with anyone else. You are responsible for all acts or omissions that occur through the use of such information subject to applicable law. You agree that you will not use any Hawaii State FCU Service or electronic communication feature for any purpose that is unlawful, tortuous, abusive, intrusive, harassing, libelous, defamatory, embarrassing, obscene, threatening or hateful. You agree that you will not collect or store personal data about other users. You agree that you will not transmit any material that contains a virus or any other computer code, file, program or anything else that might interfere with the functionality of any computer software, hardware, telecommunications equipment or anything else. With the exception of using web browser software, you agree that you will not access or log on to Hawaii State FCU’s computer systems, website or software, or obtain, download, transfer or transmit any content to or from our computer systems, website or software.
You may send us general email messages by contacting us at [email protected] Do not include any personal or confidential information in any email that you send to us, whether through our Website or through a different email provider. Email is NOT SECURE. Never email your account number, PIN, password, username, other access code, or social security number.
If you have an important message for us that is time-sensitive (for example, if you want to report a lost or stolen ATM card or credit card, if you want to stop payment on a check, or if you have other information which requires prompt action), do not rely on email, as we may not check our email messages regularly. Instead, please contact us at (808) 587-2700 (Oahu) or toll-free 1 (888) 586-1056 (Continental U.S. and Neighbor Islands); or go to your nearest Hawaii State FCU branch.
In any event, whenever you email us, if you do not receive a response from us (not counting a receipt automatically generated by the computer) within one business day, please contact us to confirm that we received your email and are addressing your concern.
It is important that you inform Hawaii State FCU if your email address changes. We may send you important information by email. Please note, however, that we will never contact you by email, text, telephone, mail or other type of correspondence and request your PIN, password, username, or other access code. If you are contacted by anyone asking for your PIN, password, username or other access code, you should refuse and immediately contact us. You may be the target of identity theft.
DISCLAIMER OF WARRANTIES
YOUR USE OF THE WEBSITE AND SERVICES IS AT YOUR OWN RISK. THE CONTENT IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. HAWAII STATE FCU DISCLAIMS ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. HAWAII STATE FCU DOES NOT WARRANT THAT THE FUNCTIONS OR CONTENT CONTAINED IN THE WEBSITE OR ANY SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. HAWAII STATE FCU DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE, OR THE RESULT OF USE, OF THE CONTENT IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE. THE CONTENT MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND HAWAII STATE FCU MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME SUBJECT TO APPLICABLE LAW. YOU, AND NOT HAWAII STATE FCU, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THE WEBSITE OR ITS CONTENT.
LIMITATION ON LIABILITY
HAWAII STATE FCU AND ITS EMPLOYEES, DIRECTORS, VOLUNTEERS AND AGENTS (COLLECTIVELY, ITS “AGENTS”) WILL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS OF INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR OTHER DAMAGES, EVEN IF HAWAII STATE FCU HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, EXCEPT AS OTHERWISE REQUIRED BY LAW. IN NO EVENT WILL THE COLLECTIVE LIABILITY OF HAWAII STATE FCU AND ITS AGENTS (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE GREATER OF $100 OR THE AMOUNT YOU HAVE PAID TO HAWAII STATE FCU FOR THE APPLICABLE CONTENT OR SERVICE OUT OF WHICH LIABILITY AROSE, EXCEPT AS OTHERWISE REQUIRED BY LAW.
YOU WAIVE AND HOLD HAWAII STATE FCU AND ITS AGENTS HARMLESS FROM ANY AND ALL CLAIMS RESULTING FROM ACTION TAKEN BY HAWAII STATE FCU, ITS AGENTS, OR LAW ENFORCEMENT AGENCIES TO INVESTIGATE ANY POSSIBLE OR ACTUAL MISUSE OF THE WEBSITE OR ANY SERVICES.
Third Party Services and External Websites
We may provide links to external websites that include third party services and products available to Hawaii State FCU members. Please review the terms and conditions of use carefully. Such services and products are not obligations of, nor endorsed or guaranteed by Hawaii State FCU nor the National Credit Union Share Insurance Fund. We do not make any express or implied representation or warranty to you concerning the quality, safety or suitability of external websites, or their services or products. Alternative services and products may be obtained from other providers of your choice. External websites are not under our control and have different data-collection, privacy, security and other policies. Using the links may identify you as a Hawaii State FCU member to the external website operator.
In no event will we be responsible for the information contained in external websites or for your use of, or inability to use, such website. Access to any external website is at your own risk. We are not responsible for external websites or their content, expressly disclaim any liability for them.
Please remember to log off of Online Banking and Mobile Banking before going to any external website.
The material and content accessible from the Website and Services is the proprietary information of Hawaii State FCU (or the third party providing the Content), and Hawaii State FCU (or such third party) retains all right, title, and interest in the Content. The Content may not be copied or used in any way without the prior written consent of Hawaii State FCU (or such third party), except that you may print out a copy of the Content solely in connection with your use of the Website and Services for your Hawaii State FCU account. Any modification or use of the Content except as expressly provided in this Agreement is prohibited.
Consent to Jurisdiction and Venue in Hawaii; Applicable Law; Enforcement
This Agreement is governed by the bylaws of Hawaii State FCU, federal laws and regulations, the laws and regulations of the State of Hawaii (excluding its choice of law provisions) to the extent not preempted by federal law, and local clearinghouse rules, as amended from time to time. Any disputes regarding this Agreement shall be subject to the jurisdiction of the court of the county in which Hawaii State FCU is located.
You are liable to us for any losses, costs or expenses we incur resulting from your failure to follow this Agreement. You authorize us to deduct any such losses, costs or expenses from your Account(s) without prior notice to you. If we bring a legal action to collect any amount due under or to enforce this Agreement, we shall be entitled, subject to applicable law, to payment of reasonable attorney’s fees and costs, including fees on any appeal, bankruptcy proceedings, and any post-judgment collection actions.
You consent to personal jurisdiction in Hawaii in connection with any dispute between you and Hawaii State FCU arising out of this Agreement or pertaining to the subject matter hereof.
If any part of this Agreement is unlawful, void or unenforceable, that part will be deemed amended and enforced to the fullest extent possible and will not affect the validity and enforceability of any remaining provisions.
We may change or add to the terms of this Agreement at any time by notifying you of the change by sending a notice to your email address, or by posting the changed terms on the Service, or any other means permitted by applicable law. If you do not agree to the change or amendment, you must notify us prior to the effective date of the change or amendment and cancel your access to the Service. By using the Service after the effective date of any change or amendment, you agree to that change or amendment.
MOBILE BANKING SERVICE AND MOBILE APPLICATION SERVICE TERMS AND CONDITIONS
In order to access Mobile Banking Service or Mobile Applications (Mobile App) Service, you will remain subject to the terms and conditions of all your existing agreements with us, and with your mobile carrier or provider. Hawaii State FCU does not charge you for using the Mobile Banking Service or Mobile App; however, you will be subject to charges from your mobile carrier or provider. The Mobile App is available only for AndroidTM, iPhone®, or iPad® devices. iPhone® and iPad® are trademarks of Apple® Inc., registered in the U.S. and other countries. AndroidTM is a trademark of Google Inc.
To use Mobile Banking, you must have at least one active account. To access your account(s) using Mobile Banking Service, you will need your User ID and password established for Online Banking. Initially, you will be asked to answer your established challenge questions. In order to access the Mobile App, you will need to download the Mobile App and access your account(s) using your User ID and password. For security purposes, it is recommended that you memorize your password and do not write it down. You are responsible for keeping your password, account numbers, and other account data confidential. This is extremely important to prevent unauthorized access to or use of your account. You agree that you will be responsible for all transfers and payments made from your account by anyone you authorize to use your account, whether such use is pursuant to or beyond your instructions.
Mobile Banking allows you access to your accounts to view account history, view ATM and Branch locations and hours, and conduct transfers as outlined below:
Permitted Mobile Banking and Mobile App Transactions
You may use the Mobile Banking or Mobile App Service to conduct a one-time transfer or schedule a future dated one-time transfer of funds between your eligible Hawaii State FCU accounts. You may not transfer to or from an account with another financial institution using Mobile Banking or the Mobile App. You may also schedule Bill Payment transactions with established Bill Payment payees. You may not initiate new Bill Payment payees transactions through Mobile Banking or the Mobile App. Bill Payment transactions are subject to limitations as outlined in the Electronic Funds Transfer Agreement and Disclosure.
BILL PAYMENT SERVICE
Use of a Third Party Bill Payment Service Provider
We use a third party service provider to provide the Bill Payment Service to our members. The Bill Payment Service provider will be processing your bill payments and providing information about your account to Hawaii State FCU, related to your bill payments.
The Bill Payment Service provider uses two types of remittance methods to pay bills: payments may be remitted electronically or by paper check, depending upon the preferences and capabilities of the merchant (Payee).
Hawaii State FCU reserves the right to change Bill Payment Service providers. We and the Bill Payment Service provider each reserve the right to refuse enrollment in the Bill Payment Service to any member who does not meet the criteria which has been established by Hawaii State FCU or the Bill Payment Service provider.
If you elect the Bill Payment Service, you may use your personal computer and the internet or the mobile banking app to schedule the following transactions, subject to the terms and conditions of this Agreement:
- One-Time Only Payments – This feature enables you to make nonrecurring payments.
- Recurring Manual Payments – This feature enables you to schedule recurring payments, where the amount and the due date may vary.
- Recurring Automatic Payments – This feature enables you to schedule recurring payments, where the payment amount and due date do not change.
Bill Payment Service Limitations
The following are limitations to the use of the Bill Payment Service:
- The maximum amount for each bill payment is nine thousand nine hundred ninety-nine dollars and ninety-nine cents ($9,999.99) and a daily bill payment limit has been established by the Bill Payment Service provider.
- The Bill Payment Service is only available for payments in US dollars to payees located within the United States. You agree not to use the Bill Payment Service to make payments to persons outside of the United States; to make tax payments or other payments to government entities; to make any court-ordered payments; to transfer money to any person or organization listed in the Office of Foreign Asset Control’s Specially Designated Nationals list; or to make any unlawful or restricted payments (“Prohibited Payments”). Attempting to process any Prohibited Payment through the Bill Payment Service is done entirely at your own risk and may be rejected by Hawaii State FCU or the Bill Payment Service provider. The Bill Payment Service guarantee does not apply to Prohibited Payments. You agree to indemnify and hold us and our Bill Payment Service provider harmless from any liability, claims or damages resulting from your scheduling of any Prohibited Payment through the Bill Payment Service, and any payments that are rejected or processed in whole or in part by the Bill Payment Service. We have no obligation to research or resolve any claim in connection with any Prohibited Payment. All research and resolution for any misapplied, misposted, misdirected, partial or rejected Prohibited Payment will be the sole responsibility of you.
- You cannot stop an electronic bill payment if the payment has already been processed.
Bill Payment Methods and Restrictions
Payments are made to your payee either electronically via the Automated Clearing House (ACH) or by check. The method of payment depends upon the processing method that can be accommodated by the payee or by our Bill Payment Service provider. In some instances the payee address may be changed by our Bill Payment Service provider, without notification, to facilitate payment.
It is important that you take into consideration what method of bill payment will be used when scheduling bill payments to ensure payment deadlines are met. If the payee accepts electronic bill payment, the payment may take two (2) to five (5) business days to process. If the payee does not accept electronic bill payment, the payment will be sent in a check form, and may take five (5) to ten (10) business days to process.
All payments you make through the Bill Payment Service will be deducted from your designated Checking Account. Any payee you wish to pay through the Bill Payment Service must be payable in U. S. Dollars. Each payee must appear on the payee list you create with us and the account you are paying must be in your name.
Bill Payment Transactions
For all payments, you agree to allow at least two (2) to five (5) business days for an electronic payee and five (5) to ten (10) business days if the payee is to be paid by check, between the date you schedule a payment to be initiated and the payment due date (“Delivery By”) shown on your invoice/bill. If you properly schedule your payment and follow all instructions provided, but the payee does not receive the payment in a timely manner, or if you need to place a stop payment on a check, request a copy of a check, research a past payment or require other types of assistance, please contact Hawaii State FCU during business hours.
Bill payments are processed on all days excluding Saturdays, Sundays and Federal Reserve Bank holidays. In cases where a payment is scheduled on a Federal Reserve Bank holiday or on a Saturday or Sunday (this can potentially happen on a recurring payment), the payment is processed on the next business day. Weekly recurring payments may not be scheduled on Saturdays. The Scheduling Deadline for entering a payment to be included in the following day’s processing is 6:00 pm Pacific Standard Time. If the attempt to schedule a payment occurs after this time, the payment will be processed the next business day.
Hawaii State FCU’s and our Bill Payment Service provider’s combined liability for a delay in payment shall not exceed the amount of late fees assessed by the Payee (not to exceed $50). Hawaii State FCU and our Bill Payment Service provider are responsible only for exercising ordinary care in making payments upon your authorization and for mailing or sending a payment to the designated merchant in accordance with this Agreement and Disclosure. Hawaii State FCU and our Bill Payment Service provider are not liable for any damages you incur if you do not have sufficient available funds in your account(s) to make the payment on the processing date, if the estimated time to allow for delivery to the payee is inaccurate, or due to computer or internet malfunctions, delays in mail delivery, changes of merchant address or account number, the failure of any merchant to account correctly for the payment in a timely manner, or for any other circumstances beyond the control of Hawaii State FCU or our Bill Pay Service provider.
Fees and Charges
Applicable fees and charges can be found in our Fee Schedules. These fees are subject to change, and we will notify you of any changes as required by applicable law.
The following fees apply to the Bill Payment Service:
- Stop Payments Fee
- Return Item or Overdraft Item Fee
Responsibilities; Transaction Confirmation
You are responsible for allowing sufficient time (two (2) to ten (10) business days) for bill payments to be processed so that the funds can be delivered to the payee on or before the payment due date. You also must provide complete and accurate data input of payee information (payment amount, name, address, account number, and any other pertinent information). Otherwise, you will be responsible for any late payment, finance charges, or service fees charged by the payee.
You authorize us, and any third-party acting on our behalf, to choose the most effective method to process your payments. You will receive a transaction confirmation number for each properly instructed payment. Unless you receive a confirmation number, we shall not be liable for any failure to make a payment.
You agree to regularly review your account transaction history to confirm whether or not transactions have been processed properly, and to contact us immediately in the event of any discrepancy.
Stopping Bill Payment Transactions
Stop payment requests can only be placed on check-processed payments. You will be charged a stop payment fee and, if applicable, a research fee pursuant to our current Fee Schedule for each check payment that you request to be stopped. In order to request a stop payment on a check payment, you must contact the Hawaii State FCU Member Service Call Center at (808) 587-2700 (Oahu) or toll-free 1 (888) 586-1056 (Continental U.S. and Neighbor Islands), or go to your nearest Hawaii State FCU branch. Stop payments cannot be placed on any electronically processed payment transactions.
In the Event a Bill Payment Transaction is Returned or Overdraws your Payment Account
In using the Bill Payment Service, you are requesting the system to make payments for you from your designated payment account. If we are unable to complete the transaction for any reason associated with your payment account (for example, there are not sufficient available funds in the payment account to cover the transaction), the transaction may not be completed. If your account does not have sufficient available funds, we may attempt to debit your account multiple times. After two unsuccessful attempts, we may suspend or terminate your Bill Payment Service. You will be assessed an Overdraft Item or Returned Item fee each time we attempt to debit your account for a Bill Payment for which you do not have sufficient available funds, but we will not assess you more than twice for the same item (this limit does not apply when a third party, such as a merchant, makes multiple attempts to debit your account by resubmitting checks, ACH debits, or other items). You agree that we may assess the Overdraft Item or Returned Item fee when you do not have sufficient available funds in the account, whether we pay the item or we return the item unpaid.
By enrolling for and using this Bill Payment Service you agree that Hawaii State FCU has the right to collect funds from all of your savings and checking accounts as well as the available balance on your line of credit account(s) to recover funds for all payments that have been requested to be paid by you and your authorized user(s); this includes accounts on which you are the primary member-owner, as well as accounts on which you are the joint owner, but does not include home equity lines of credit or other accounts for consumer purchases secured by the borrower’s principal dwelling.
You understand and agree that, in all cases when your designated account lacks sufficient available funds to process a Bill Payment transaction, you are responsible for either making alternate arrangements for the payment, or rescheduling the payment through the Bill Payment Service (if the Bill Payment Service is restored for your use).
We will send you notice if we stop payment on a Bill Payment check. This may happen if the Bill Payment check is not negotiated by the payee within ninety days, or if your account does not have sufficient available funds, or for other reasons.
If we suspend or terminate your Bill Payment Service, then scheduled or recurring payments during the period during which your Bill Payment Service is suspended or terminated will not be processed, even if we subsequently restore your Bill Payment Service. You will need to make alternative arrangements for these transactions or reschedule them if your Bill Payment Service is restored. After you make full payment to Hawaii State FCU, you may contact us directly to request that we restore your Bill Payment Service. We reserve the right to suspend or terminate your Bill Payment Service in our sole discretion.
Termination of Bill Payment Service
In order for you to discontinue Bill Payment Service, please contact Hawaii State FCU at (808) 587-2700 (Oahu) or toll-free 1 (888) 586-1056 (Continental U.S. and Neighbor Islands), go to your nearest Hawaii State FCU branch, or write us at: Hawaii State FCU, Attention ESS Department, P. O. Box 3072, Honolulu, HI 96802-3072.
You will be responsible for all payment instructions made prior to the termination and for any other applicable charges and fees, subject to applicable law. You are responsible for cancelling all outstanding payment orders with the payee(s) before notifying us to terminate service.
FINANCEWORKS & PURCHASE REWARDS OFFERS — END USER LICENSE AGREEMENT
In addition to the above content, if you decide to use either FinanceWorks or the Purchase Rewards Offers application, you acknowledge and agree to the following terms and conditions of service.
License Grant and Restrictions
You are granted a personal, limited, non-exclusive, non-transferable license, to electronically access and use the FinanceWorks Service (the “Service”) solely to manage your financial data, and the purchase rewards application (“Purchase Rewards Offers”) to benefit from your debit card purchases.
In addition to the FinanceWorks Service and the Purchase Rewards Offers, the terms “Service” and “Purchase Rewards Offers” also include any other programs, tools, internet-based services, components and any “updates” (for example, Service maintenance, Purchase Rewards information, help content, bug fixes, or maintenance releases, etc.) of the Service or Purchase Rewards Offers if and when they are made available to you by us or by our third party vendors. Certain Service and Purchase Rewards Offers may be accompanied by, and will be subject to, additional terms and conditions.
You are not licensed or permitted to do any of the following and you may not allow any third party to do any of the following: (i) access or attempt to access any other systems, programs or data that are not made available for public use; (ii) copy, reproduce, republish, upload, post, transmit, resell or distribute in any way the material from the FinanceWorks site or from the Purchase Rewards Offers program; (iii) permit any third party to benefit from the use or functionality of the Service or Purchase Rewards Offers, or any other services provided in connection with them, via a rental, lease, timesharing, service bureau, or other arrangement; (iv) transfer any of the rights granted to you under this license; (v) work around any technical limitations in the Service, use any tool to enable features or functionalities that are otherwise disabled in the Service, or decompile, disassemble, or otherwise reverse engineer the Service except as otherwise permitted by applicable law; (vi) perform or attempt to perform any actions that would interfere with the proper working of the Service or Purchase Rewards Offers or any services provided in connection with them, prevent access to or the use of the Service, Purchase Rewards Offers or any or services provided in connection with them by other licensees or customers, or impose an unreasonable or disproportionately large load on the infrastructure while using the Service; or (vii) otherwise use the Service, Purchase Rewards Offers or any services provided in connection with them except as expressly allowed under this Section.
The Services and Purchase Rewards Offers are protected by copyright, trade secret and other intellectual property laws. You do not have any rights to the trademarks or service marks.
Your Information and Account Data with Us
You are responsible for (i) maintaining the confidentiality and security of your access number(s), password(s), security question(s) and answer(s), account number(s), login information, and any other security or access information, used by you to access the Service, Purchase Rewards Offers or any services provided in connection with them, and your accounts with us (collectively, “Licensee Access Information”), and (ii) preventing unauthorized access to or use of the information, files or data that you store or use in or with the Service, Purchase Rewards Offers or any services provided in connection with them (collectively, “Account Data”). You will be responsible for all electronic communications, including account registration and other account holder information, email and financial, accounting and other data (“Communications”) entered using the Licensee Access Information. It is assumed that any Communications received through use of the Licensee Access Information were sent or authorized by you. You agree to immediately notify us if you become aware of any loss, theft or unauthorized use of any Licensee Access Information. We reserve the right to deny you access to the Service, Purchase Rewards Offers or any services provided in connection with them (or any part thereof) if we reasonably believe that any loss, theft or unauthorized use of Licensee Access Information has occurred. You must inform us of, and hereby grant to us and our third party vendors permission to use, Licensee Access Information to enable us to provide the Service, Purchase Rewards Offers or any services provided in connection with them to you, including updating and maintaining Account Data, addressing errors or service interruptions, and to enhance the types of data and services we may provide to you in the future.
We may use anonymous, aggregate information, which we collect and store, or which is collected and stored on our behalf by third party vendors, to conduct certain analytical research and help us to create new offerings and services for our customers. As we make additional offerings and online banking services available to you, some of which may rely on banking information maintained in your accounts, you will have the opportunity to participate in the services if you choose. If you choose not to participate, you do not need to notify us. We may also use anonymous, aggregate information which we collect and store, or which is collected and stored on our behalf by third party vendors, to (i) conduct database marketing and marketing program execution activities; (ii) publish summary or aggregate results relating to metrics comprised of research data from time to time; and (iii) distribute or license such aggregated research data to third parties. Additionally, automated technology may be used to tailor messages or advertisements that best reflect your interest and needs.
Your Information and Account Data with Other Financial Institutions
Our financial management tools allow you to view accounts that you may have outside our financial institution (this is a process called “aggregation”). When you choose to use online financial services which are applicable to data that you have transacted with other financial institutions or card issuers, you are consenting to us accessing and aggregating your data from those outside financial institutions. That data includes your financial institution account access number(s), password(s), security question(s) and answer(s), account number(s), login information, and any other security or access information used to access your account(s) with other financial institutions, and the actual data in your account(s) with such financial institution(s) such as account balances, debits and deposits (collectively, “Financial Account Data”). In giving that consent, you are agreeing that we, or a third party vendor on our behalf, may use, copy and retain all non-personally identifiable information of yours for the following purposes: (i) as pertains to the use, function, or performance of the services which you have selected; (ii) as necessary or useful in helping us, or third parties on our behalf, to diagnose or correct errors, problems, or defects in the services you have selected; (iii) for measuring downloads, acceptance, or use of the services you have selected; (iv) for the security or protection of the services you have selected; (v) for the evaluation, introduction, implementation, or testing of the services you have selected, or their upgrade, improvement or enhancement; (vi) to assist us in performing our obligations to you in providing the services you have selected.
If we make additional online financial services available to you which are applicable to data that you have transacted with other financial institutions or card issuers, and which we will aggregate at this site, we will separately ask for your consent to collect and use that information to provide you with relevant offers and services. If you give us your consent, you will be agreeing to permit us to use Financial Account Data to help us suggest savings opportunities or additional products and services to you.
If you select services that are offered by third parties or merchants through such offers or on our behalf, you will be agreeing that we have your consent to give such third parties or merchants your geographic location, and other data, collected and stored in aggregate, as necessary for such third parties or merchants to make their offerings and services available to you and to permit us to use Financial Account Data to help us suggest savings opportunities or additional products and services to you. Except as specified here, we and the third parties or merchants acting on our behalf shall not use or keep any of your personally identifiable information.
Use, Storage and Access
We shall have the right, in our sole discretion and with reasonable notice posted on the FinanceWorks site and/or sent to your email address provided in the Registration Data, to establish or change limits concerning use of the Service and any related services, temporarily or permanently, including but not limited to (i) the amount of storage space you have available through the Service at any time, and (ii) the number of times (and the maximum duration for which) you may access the Service in a given period of time. We reserve the right to make any such changes effective immediately to maintain the security of the system or Licensee Access Information or to comply with any laws or regulations, and to provide you with electronic or written notice within thirty (30) days after such change. You may reject changes by discontinuing use of the Service and any related services to which such changes relate. Your continued use of the Service or any related services will constitute your acceptance of and agreement to such changes. Maintenance of the Service or any related services may be performed from time-to-time resulting in interrupted service, delays or errors in such Service or related services. Attempts to provide prior notice of scheduled maintenance will be made, but we cannot guarantee that such notice will be provided.
You acknowledge that the Service may contain or use software that is subject to the U.S. Export Administration Regulations (15 CFR, Chapter VII) and that you will comply with these regulations. You will not export or re-export the Service, directly or indirectly, to: (1) any countries that are subject to US export restrictions; (2) any end user who has been prohibited from participating in US export transactions by any federal agency of the US government; or (3) any end user who you know or have reason to know will utilize them in the design, development or production of nuclear, chemical or biological weapons. You further acknowledge that this product may include technical data subject to export and re-export restrictions imposed by US law.
Purchase Rewards Offers
If you decide you wish to participate in the Purchase Rewards Offers application, you acknowledge and agree to the following terms and conditions of service.
Purchase Rewards. You will earn rewards for your participation in the Purchase Rewards Offers program based on total purchases. If you participate in the Purchase Rewards Offers, we will credit all cash or point rewards earned to your rewards balance and send you a lump sum of all rewards due to you. For any qualifying purchases during the current month, we will distribute the lump sum amount to you during the following calendar month. For example, if the payment date of all rewards end user disbursements is August 30, the applicable Measurement Period would be the calendar month ended July 31. Cash rewards will be deposited in the Purchase Rewards Offers deposit account which is associated with the Purchase Rewards Offers program.
Purchase Rewards Offers Account. You must use the debit card associated with the Purchase Rewards Offers account in order to receive the offers which qualify for the rewards. Rewards will not be earned for any portion of your purchase that you pay for with store credit, gift certificates or other payment types.
Purchases must be made as indicated in the offers made available under the Purchase Rewards Offers program. Each offer will specify whether the purchase can be made online, at a store location, or by telephone to be eligible for rewards. You must also comply with any guidelines included with the offer, such as offer expiration dates, minimum purchase amounts, purchase limits, etc. You must also pay using the debit card associated with the account that received the Purchase Rewards offer in order for the purchase to qualify.
While we and the merchants work hard to properly track and credit all eligible purchases, there may be times that we are unable to do so because of problems with your internet browser, the merchant’s website or our system. Please contact our support team if you believe you have made a qualifying purchase for which you did not receive Rewards.
Please note that you will not earn rewards as part of this program if you use a debit card not issued by us or do not have the designated deposit account opened with us at the time of disbursement.
You understand and agree that we make no warranties and have no liability as to:
- Any offers, commitments, promotions, money back, or other incentives offered by any of the merchants in the Purchase Rewards Offers program.
- The rewards information that we provide to you, which is provided “as is” and “as available”.
- (i) your inability to comply with offer guidelines, (ii) the accuracy, timeliness, loss or corruption, or misdelivery, of any qualifying purchase information or any other information, (iii) unauthorized access to your account(s) or to your account information and any misappropriation, or alteration, of your account information or data, to the extent that the unauthorized access results from your acts or omissions, or (iv) your inability to access your account(s) including, but not limited to, failure of electronic or mechanical equipment, interconnect problems with telephone providers or internet service providers, acts of God, strikes, or other labor problems.
- Some states do not allow limitations on how long an implied warranty lasts, so that the above limitations may not apply to you, and that you may also have other rights, which vary from state to state.