This Agreement contains the terms and conditions for the use of Mercy Credit Union’s (“us,” or “we”) Mobile Check Deposit and/or other remote deposit capture services that we or our affiliates may provide to you (“you,” or “User”). Other agreements you have entered into with Mercy Credit Union, including the Membership & Account Agreement, Electronic Funds Transfer Agreement and other Disclosures governing your Mercy account, are incorporated by reference and made a part of this Agreement.

 

  1. Service. The mobile check deposit service (“Service”) is designed to allow you to make deposits to your checking or savings accounts from your smart phone by taking a picture of the check(s) and delivering the images and associated deposit information to Mercy Credit Union’s designated processor. There is currently no charge for the Service.

 

  1. Acceptance of these Terms. Your use of the Service constitutes your acceptance of this Agreement. This Agreement is subject to change from time to time. We will notify you of any material change via email or on our website(s) by providing a link to the revised Agreement. Your continued use of the Service will indicate your acceptance of the revised Agreement. Further, Mercy Credit Union reserves the right, in its sole discretion, to change, modify, add, or remove portions from the Service. Your continued use of the Services will indicate your acceptance of any such changes to the Service.

 

  1. Endorsements and Procedures. You agree to restrictively endorse any item transmitted through

the Service as “For Mobile Deposit Only and your endorsement” or as otherwise instructed by

Mercy Credit Union.  All payees must endorse and be listed as account owners of the receiving account.  You agree to follow any and all other procedures and instructions for use of the Service as we may establish from time to time.

 

  1. Limitations of Service. When using the Service, you may experience technical or other difficulties.

We cannot assume responsibility for any technical or other difficulties or any resulting damages that you may incur. Some of the Services have qualification requirements, and we reserve the right to change the qualifications at any time without prior notice. We reserve the right to change, suspend or discontinue the Services, in whole or in part, or your use of the Service, in whole or in part, immediately and at any time without prior notice to you.

 

  1. Eligible items. You agree to deposit only checks as that term is defined in Federal Reserve Board Regulation CC (“Reg. CC”). You agree that the image of the check transmitted to Mercy Credit Union shall be deemed an “item” within the meaning of Article 4 of the Uniform Commercial Code. Each check will require a separate transaction via Mobile Deposit.

 

  1. Unacceptable Items for Deposit: You agree that you will not use the Service to deposit any checks or other items as shown below:

 

  1. Checks or items payable to any person or entity other than you.
  2. Checks written from your same Mercy Credit Union Account you are depositing to.
  3. Checks or items containing evidence of alteration to any of the fields on the front of the check or item, or which you know or suspect, or should know or suspect, are fraudulent or otherwise not authorized by the owner of the account on which the check or item is drawn.
  4. Checks or items previously converted to a substitute check, as defined in Reg. CC
  5. Checks or items drawn on a financial institution located outside the U.S.
  6. Checks or items that are remotely created checks, as defined in Reg. CC.
  7. Checks or items not payable in United States currency.
  8. Any check that is “stale dated”, expired or “post-dated”, or is dated more than 6 months prior to the date of deposit.
  9. Any check that is “non-negotiable” (whether stamped in print or as a watermark).
  10. Any check that is incomplete
  11. US Savings Bonds
  12. Any check on which a stop payment order has been issued or to which there are insufficient funds.
  13. Checks purported to be lottery or prize winnings
  14. Any check you were not expecting to receive or did not initiate.

 

Depositing one of the above listed Unacceptable Items for Deposit could terminate your ability service.

 

  1. Image Quality. The image of an item transmitted to Mercy Credit Union using the Service must be legible. The image quality of the items must comply with the requirements established from time to time by, the Board of Governors of the Federal Reserve Board, or any other regulatory agency, clearing house or association.

 

  1. Receipt of Items. We reserve the right to reject any item transmitted through the Service, at our discretion, without liability to you. We are not responsible for items we do not receive or for images that are dropped during transmission. An image of an item shall be deemed received when you receive a confirmation from Mercy Credit Union that we have received the image. Receipt of such confirmation does not mean that the transmission was error free or complete.

 

  1. Availability of Funds. You agree that items transmitted using the Service are not subject to the funds availability requirements of Federal Reserve Board Regulation CC. Funds deposited using the Service will be subject to a three business day hold. Mercy Credit Union may make such funds available sooner based on such factors as credit worthiness, the length and extent of your relationship with us, transaction and experience information, and such other factors as Mercy Credit Union, in its sole discretion, deems relevant.

 

  1. Disposal of Transmitted Items. Upon your receipt of a confirmation from Mercy Credit Union that we have received the image of an item, you agree to prominently mark the item as “Electronically Presented” or “VOID”. You agree to securely store each original check that you deposit using Mobile Deposit for a period of at least 15 days after transmission to Mercy Credit Union. After 15 days have passed since you transmitted the original check, you will properly dispose of the item to ensure that it is not represented for payment. You agree never to represent the item. You will promptly provide any retained item, or a sufficient copy of the front and back of the item, to Mercy Credit Union as requested to aid in the clearing and collection process, to resolve claims by third parties with respect to any item, or for Mercy Credit Union’s audit purposes.

 

  1. Deposit Limits. We reserve the right to impose limits on the amount(s) and/or number of deposits that you transmit using the Services and to modify such limits from time to time. The total daily dollar limit is displayed on your deposit screen. Please contact member services at (417)820-2931 if you would like to request to have your individual limits raised.

 

  1. Deadlines. A check must be transmitted, received and approved on a regular business day prior to 3:30pm to be processed the same day with applicable hold. Deposits received after this cut-off time will be approved on the following business day with the applicable hold.

 

  1. Contingencies. If an image is unable to be captured by remote deposit, the check may be deposited at the nearest Mercy Credit Union office, mailed to, or deposited at the nearest Mercy Credit Union location.

 

  1. Hardware and Software. In order to use the Service, you must obtain and maintain, at your expense, compatible hardware and software as specified by Mercy Credit Union from time to time. Mercy Credit Union is not responsible for any third party software you may need to use the Service. Any such software is accepted by you as is and is subject to the terms and conditions of the software agreement you enter into directly with the third party software provider at time of download and installation.

 

  1. Security Requirements. To prevent unauthorized access to this Service, you agree to ensure the security of your mobile device or tablet. By securing these devices, you may establish a screen lock, install an antivirus software, and select a strong password to access the app.

 

  1. Errors. You agree to notify Mercy Credit Union of any suspected errors regarding items deposited through the Service right away, and in no event later than 60 days after the applicable Mercy Credit Union account statement is sent. Unless you notify us within 60 days, such statement regarding all deposits made through the Service shall be deemed correct, and you are prohibited from bringing a claim against Mercy Credit Union for such alleged error.

 

  1. Presentment. The manner in which the items are cleared, presented for payment, and collected shall be in Mercy Credit Union’s sole discretion subject to the Membership & Account Agreement and Disclosures governing your account.

 

  1. Ownership & License. You agree that Mercy Credit Union retains all ownership and proprietary rights in the Service, associated content, technology, and website(s). Your use of the Service is subject to and conditioned upon your complete compliance with this Agreement. Without limiting the effect of the foregoing, any breach of this Agreement immediately terminates your right to use the Service. Without limiting the restriction of the foregoing, you may not use the Service (i) in any anti- competitive manner, (ii) for any purpose which would be contrary to Mercy Credit Union’s business interest, or (iii) to our actual or potential economic disadvantage in any aspect. You may not copy, reproduce, distribute or create derivative works from the content and agree not to reverse engineer or reverse compile any of the technology used to provide the Service.

 

  1. DISCLAIMER OF WARRANTIES. YOU AGREE YOUR USE OF THE SERVICE AND ALL INFORMATION AND CONTENT (INCLUDING THAT OF THIRD PARTIES) IS AT YOUR RISK AND IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE DISCLAIM ALL WARRANTIES OF ANY KIND AS TO THE USE OF THE SERVICE, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. WE MAKE NO WARRANTY THAT THE SERVICE (i) WILL MEET YOUR REQUIREMENTS, (ii) WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR- FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE SERVICE WILL BE ACCURATE OR RELIABLE, AND (iv) ANY ERRORS IN THE SERVICES OR TECHNOLOGY WILL BE CORRECTED.

 

  1. LIMITATION OF LIABILITY. YOU AGREE THAT WE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER LOSSES RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICES INCURRED BY YOU OR ANY THIRD PARTY ARISING FROM OR RELATED TO THE USE OF, INABILITY TO USE, OR THE TERMINATION OF THE USE OF THIS SERVICES, REGARDLESS OF THE FORM OF ACTION OR CLAIM (WHETHER CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE), EVEN IF MERCY CREDIT UNION HAS BEEN INFORMED OF THE POSSIBILITY THEREOF.

 

  1. User warranties and indemnification. You warrant to Mercy Credit Union that:

 

  1. You will only transmit eligible items.
  2. Images will meet the image quality
  3. You will not transmit duplicate items.
  4. You will not deposit or represent the original item.
  5. All information you provide to Mercy Credit Union is accurate and true.
  6. You will comply with this Agreement and all applicable rules, laws and regulations.

 

You agree to indemnify and hold harmless Mercy Credit Union from any loss for breach of this warranty provision.

 

  1. Other terms. You may not assign this Agreement. A determination that any provision of this Agreement is unenforceable or invalid shall not render any other provision of this Agreement unenforceable or invalid.