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Definitions
The words "you" and "your" refer to either and all of the persons completing the online and/or mobile registration. The words "we", "us", and "our" refer to Kemba Credit Union, Inc. (aka “Kemba Credit Union”, “Credit Union”, “Kemba”, “Kemba CU”). The words "your accounts" refer to the accounts with us identified in the online and /or mobile 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.   “AutoPay” refers to the service available to members to authorize payments from other financial institutions for the payment of loans with Kemba Credit Union.

Privacy Policy and Confidentiality
We regard your privacy and security with the utmost importance, and we are absolutely committed to safeguarding any information that you share with us. In order to provide services, we must obtain from you certain personal information about you, your Accounts, and your transactions (aka “user information"). You represent that you have the right to provide such user information and that you give us the right to use the user information in accordance with our privacy policy, available here: https://www.kemba.com/_/kcms-doc/357/46088/Privacy-Policy.pdf

All of your personal and financial information will be placed on a secure portion of our website. We have multiple levels of security that have been designed especially for us.

E-Sign Consent
To receive Electronic Communications, Disclosures, and Notices, you must agree to this E-Sign consent and to register for Kemba Credit Union Online/Mobile Banking Services.

This E-sign Disclosure and Consent (“E-sign Consent”) applies to all Communications, Disclosures, and Notices related to services provided on the Kemba Credit Union website, applications, mobile apps, and other tools. These terms describe the agreement between you and Kemba Credit Union for the Kemba Credit Union services described in this document as well as any modification or amendments hereto; any policies, notices or disclosures; and all other information that we may be required to provide to you in writing by law.

Communications, Disclosures, and Notices May be Provided in Electronic Form
You agree that we may provide you with Communications, Disclosures, and Notices in electronic format. Your consent to receive electronic Communications, Disclosures, and Notices includes, but is not limited to:

  • All legal and regulatory disclosures and communications
  • Notices or disclosures about a change in terms governing use of Kemba Credit Union’s Online/Mobile Banking System.
  • Privacy policies and notices

 

Providing Communications, Disclosures, and Notices in Electronic Form
All Communications, Disclosures, and Notices to which you are subject, may be sent to you in electronic form via (i) by email, (ii) by access to a website designated in an email notice from Kemba Credit Union to you, or (iii) to the extent permissible by law, by access to a website generally designated in advance for such purpose.

How to Withdraw Consent
You may withdraw your consent to receive Communications, Disclosures, and Notices in electronic form by contacting us at Service@kembacu.org, calling us at 513-762-5070 or toll free at 1-800-825-3622, or sending a written request to us at Kemba Credit Union, Inc. C/O Member Services, 8763 Union Centre Blvd. West Chester Ohio 45069, (which must include your name, address and account number). Any withdrawal of your consent to receive electronic Communications, Disclosures, and Notices will be effective only after we have a reasonable period of time to process your withdrawal.

How to Update Your Information
You are responsible to provide us with true, accurate and complete email address, contact and other information related to this E-sign Consent and to Kemba Credit Union and to maintain and update promptly any changes in that information. You can update your information through Kemba.com.

Hardware and Software Requirements
We support the current and prior major releases of Internet Explorer (IE) 11, Microsoft Edge, Firefox, Safari, and Chrome. When a new version is announced as Release to Web (RTW), support will cease on the third-oldest major version.
Please note that utilizing older browsers may result in disabled functionality or limited access to services.

Supported Browsers - Current and Prior Major Release

  • Internet Explorer (IE) 11 & Microsoft Edge
  • Firefox
  • Safari - Apple/Mac Users only
  • Google Chrome

The supported browsers above are for use with the traditional online banking interface and devices (desktop/laptop), and do not apply to use with mobile devices (phones/tablets). If using a phone or tablet to access online banking outside of an app, functionality and appearance may vary from the traditional interface. Note: It is not recommended to use Compatibility View with Internet Explorer, as the user experience is degraded.

 

Requesting Paper Copies
We will send no paper copy of any Communications, Disclosures, and Notices to you unless requested or we otherwise deem it appropriate to do so. You can obtain a paper copy of your electronic Communications, Disclosures, and Notices by printing it yourself or by requesting that we mail you a paper copy. To request a paper copy of particular Communications, Disclosures, and Notices, contact us at Service@kembacu.org or by calling us at 513-762-5070 or toll free at 1-800-825-3622. Please make sure to state that you are requesting a paper copy of particular Communications, Disclosures, and Notices. We do not charge a fee for providing a paper copy of Communications, Disclosures, and Notices.

Communications, Disclosures, and Notices in Writing
All Communications, Disclosures, and Notices in electronic or paper format from us to you will be considered “in writing”. You should print or download for your records a copy of this E-sign Consent and any other Communications, Disclosures, and Notices important to you.

Federal Law
You acknowledge and agree that this E-sign Consent is being provided by you in connection with a transaction affecting interstate commerce that is subject to the Federal Electronic Signatures in Global and National Commerce Act, and that you and Kemba Credit Union both intend that the Act apply to the fullest extent possible to validate our ability to conduct business with you by electronic means.

Termination/Changes
Kemba Credit Union reserves the right, in our sole discretion, to discontinue the provision of electronic Communications, Disclosures, and Notices, or to terminate or change the terms and conditions on which we provide electronic Communications, Disclosures, and Notices. We will provide you with notice of any such termination or change as required by law.

Consent
You hereby give your affirmative consent to receive electronic Communications, Disclosures, and Notices as described in this E-sign Consent. You further agree that your computer or other device satisfies the hardware and software requirements specified above and that you have provided Kemba Credit Union with a current email address at which we may send you electronic Communications, Disclosures, and Notices.

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

You agree that you will not use the services to request, send or receive money related to any of the following:
• Pharmaceuticals and other controlled substances;
• Illegal drugs;
• Drug paraphernalia;
• Firearms, ammunition or other weapons;
• Sexually oriented activities or materials;
• Pornography;
• Obscene or offensive activities or materials;
• Materials or activities that promote intolerance, violence or hate;
• Ponzi or pyramid schemes;
• Illegal gambling, gaming, lotteries or sweepstakes;
• Traveler’s checks, money orders, equities, annuities, or currencies, including digital currencies, such as bitcoins;
• Counterfeit materials;
• Infringement on the copyright, patent, trademark, trade secret or other intellectual property rights of Kemba Credit Union or another User or any other third party;
• Terrorist funding;
• Fraud;
• Scams;
• Money laundering; or
• Any other illegal activity or unlawful purpose.

Security
We will employ such security measures as in our reasonable judgment are appropriate to secure our website and mobile application. You will not use our website for unauthorized purposes. We may monitor and audit transactions made through our website and mobile application.
Access to Accounts Via the Internet. Subject to the terms set forth below, we will provide you with our online banking/mobile banking service pursuant to which you can access your accounts by mobile device or 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.  We may require you to request this service in writing, for your security.
  • 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.
  • Member to Member (M2M) transfers. There will be daily and monthly limits to the amount that may be transferred via Member to Member (M2M). For information regarding these limits, please contact Kemba Credit Union.

We may modify or cancel any such services at any time without notice and 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 available in the pertinent account or any overdraft line of credit on that account. You can arrange for assistance to change your password through the online process. Please see the Limitations on Frequency of Transfer below.

Access to Accounts Via Mobile Application
Subject to the terms set forth below, we will provide you with our online banking/mobile banking service pursuant to which you can access your accounts by mobile device through a wireless, network, or internet connection using our mobile application with your user ID and password and providing such other information as may be required by our server(s) 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.   We may require you to request this service in writing, for your security.
  • 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.
  • Member to Member (M2M) transfers. For this service, members sending money must know the account number and correct last name spelling of the recipient member. There will be daily and monthly limits to the amount that may be transferred via Member to Member (M2M). For information regarding these limits, please contact Kemba Credit Union.

We may modify or cancel any such services at any time without notice and 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 available in the pertinent account or any overdraft line of credit on that account. You can arrange for assistance to change your password through the online process. Please see the Limitations on Frequency of Transfers below.

Online/Mobile Bill Payment Program
Our Online/Mobile Bill Payment Program may involve third party service providers or senders.  Please refer to the credit union's fee schedule for Bill Payment fees at https://www.kemba.com/services-tools/tools/fee-schedule.html

 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 and 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 banking/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.  

Changes in Terms
We can change these terms by giving you notice as required by law. Continued use of our online banking/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 banking/mobile banking. Any one of the persons authorized to make withdrawals from your deposit accounts is authorized to make transfers pursuant to our online banking/mobile banking, even if your account agreements provide that multiple signatures are required for withdrawal.  In addition, conflicting instructions by you, joint owners, authorized transferors/transferees will result in termination of your rights under this program and may result in termination of these services.

FEES
Please refer to the credit union's fee schedule. We can debit any fees to any of your accounts without notice; including, but not limited to:  Return Item Fees, Re-deposit Fees, Non-Sufficient Funds Fees.  

Kemba Credit Union, Inc. is not responsible for mobile or internet fees, charges, or limitations, including, but not limited to, availability of service, guarantees of coverage or connectivity, and/or mobile data, usage, and/or service charges. Please refer to the credit union's fee schedule for Bill Payment fees at https://www.kemba.com/services-tools/tools/fee-schedule.html

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.  Statements may be delivered via electronic means, if consented and acknowledged by you.

FINANCIAL INSTITUTION'S LIABILITY – Electronic Funds Transfers

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 actual 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 available 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.
  • 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 and/or mobile hardware or software or in your ability or care in using them, or
  • Deficiencies in password security, device security, and/or internet or other network security, resulting in compromise or loss to your account, 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 Notice disclosures.

UNAUTHORIZED TRANSFERS

Consumer Liability for Debit/Credit Card Transactions
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.

CROSS ACCOUNT TRANSFERS

If you submit, or have submitted, a Cross-Account Access/Transfer Form authorizing a joint account holder(s) or other party(s) (an “Authorized Party”) to access and transact on all of your current and future accounts and loan accounts at Kemba, you agree that the Authorized Party may use our online/mobile banking service to access and transact on all of your current and future accounts and loan account. 

CONSUMER 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 receive 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 DEVICE BANKING AGREEMENT (herein, Mobile Banking)
Please read this Agreement carefully before accessing or using this service. This Agreement supplements our Online Banking Communications, Disclosures, and Notices. By accessing or using the service, you agree to be bound by the Communications, Disclosures, and Notices set forth below. If you do not wish to be bound by these Communications, Disclosures, and Notices, you may not access or use the service.

Electronic Notices
Mobile Banking is an electronic internet-based service. Therefore, you understand that the Mobile Banking Agreement will be entered into electronically.

Mobile Banking requires a mobile device with wireless, network, or other internet service and access.  By utilizing this service, you acknowledge that data rates, texting rates, and data usage fees will apply, based on your carrier’s plan agreement and will not be the responsibility of Kemba Credit Union, Inc.

This Disclosure describes the process that must occur before we can provide you with electronic disclosures and notices (such as by email, text, or website). It also describes your rights in the event you consent to receiving electronic disclosures and notices. For the full electronic disclosures and notices please refer to the E-Sign Consent section above.

 

Mobile Banking Services
The following Communications, Disclosures, and Notices apply to the Mobile Banking service:

You understand that to use Mobile Banking, you will need to register through your mobile device for Online Banking or Mobile Banking. Posted on our website is a statement of the software requirements to participate in our Online Banking and Mobile Banking.  Mobile Banking is offered as a convenience and supplemental service to our Online Banking services.  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 Communications, Disclosures, and Notices 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.  In addition, you acknowledge that data rates, texting rates, and usage fees will apply, based on your carrier’s plan agreement and will not be the responsibility of Kemba Credit Union, Inc.

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.

Other Agreements
You agree that, when you use Mobile Banking, you remain subject to the Communications, Disclosures, and Notices 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. 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.  You further agree to review your other Financial Institution agreements for any limitations, terms, and/ or restrictions to which you are obligated.  You understand that the Credit Union is not responsible for transactions involving your account with other Financial Institutions, unless the Credit Union is negligent in its duties and responsibilities under the Communications, Disclosures, and Notices of other agreements it has with you. 

Permitted Mobile Banking Transfers and Transactions
There are multiple options for making Mobile Banking transfers and transactions; including, but not limited to:  Kemba Mobile Banking via web browser access, Kemba Mobile Banking Applications, Member to Member (M2M) transfers, and Kemba Auto Payment (“AutoPay”).  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, your deposit or loan agreements, or agreements with other Financial Institutions. The Credit Union reserves the right to refuse any internal 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 to us or fees to other Financial Institution(s). 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.

Quick Balance Access  
Some Mobile Devices may have the capability to allow a transaction summary of your account balances via a “shortcut” or simplified method, making balances visible from the home screen of the mobile device.  Such service would be authorized by you through an “opt-in” or “enable” toggle located in the set-up or settings process, and may be “disabled”, by you, at any time.  This process may require passwords established by you via your mobile device and not under the control of the Credit Union.  Further, this service may also be secured via biometric data established by you through your mobile device and not under the control of the Credit Union.  Usage of this service is at your sole discretion and not a requirement by Kemba Credit Union, Inc. for use of the Mobile Banking Service.   

You represent and agree to the following by enrolling for Mobile Banking or by using the service:

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.

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 or unlocked 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 highly recommend that you use and access Mobile Banking through a secure network or server or a private, known, and secure wireless service.  You increase your vulnerability to an account/data breach when you use an unsecured connection.  We further recommend that you take steps to educate yourself on the security of networks and your mobile device and take precautions to verify the connections and internet services used while accessing our servers.  Some educational information may be obtained via our website and the Federal Trade Commission but is not limited to these resources.

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.

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.

You agree that you will not use these services to request, send or receive money related to any of the following:
• Pharmaceuticals and other controlled substances;
• Illegal drugs;
• Drug paraphernalia;
• Firearms, ammunition or other weapons;
• Sexually oriented activities or materials;
• Pornography;
• Obscene or offensive activities or materials;
• Materials or activities that promote intolerance, violence or hate;
• Ponzi or pyramid schemes;
• Illegal gambling, gaming, lotteries or sweepstakes;
• Traveler’s checks, money orders, equities, annuities, or currencies, including digital currencies, such as bitcoins;
• Counterfeit materials;
• Infringement on the copyright, patent, trademark, trade secret or other intellectual property rights of Kemba Credit Union or another User or any other third party;
• Terrorist funding;
• Fraud;
• Scams;
• Money laundering; or
• Any other illegal activity or unlawful purpose.

 

No Commercial Use or Re-Sale
You agree that these services are 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

Features and Services
Kemba allows members access, based on criteria established by Kemba Credit Union, Inc., to deposit certain checks into certain accounts with their mobile device camera using Kemba's mobile banking application. Kemba reserves the 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 Communications, Disclosures, and Notices of this service.

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

  • Items drawn on a depositor's own Kemba account which are being deposited to that same Kemba account;
  • Items stamped with a "non-negotiable" watermark or bearing any other sign that the item is not negotiable;
  • 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;
  • 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;
  • Items exhibiting evidence of having been altered;
  • Any items that are not in original form with a signature, such as substitute checks or remotely created checks.
  • Items issued by foreign financial institutions or not issued in U.S. Dollars;
  • Items missing required information;
  • Items that have been previously deposited at Kemba or elsewhere.
  • "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.

Indorsement
Mobile Remote Deposit items must be indorsed by all names written on the payee line of the item being remotely deposited and item images must be legible. The following restrictive indorsement must also be included: "For Kemba Mobile Deposit Only”

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.  You agree to verify completion of the process through your account.

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 www.kemba.com.

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 available in the account to cover the check. 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 for deposit or processing, 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 Application and instead may come via regular mail, electronic delivery (e.g. email), or other acceptable means.

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.

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

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.

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.

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 Application, from time to time, to use Mobile Remote Deposit.

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 prior 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 Online Banking and/or Mobile Banking.

My Money Agreement and Disclosure Statement

NOTE: You must first enroll in Kemba Credit Union, Inc. Online Banking to use this feature. A separate enrollment agreement is required to activate this service.  

Welcome to the Kemba Credit Union, Inc. Online Banking and My Money (“My Money”) personal financial management service.  Use of My Money indicates acceptance of terms and conditions set forth in the Online Banking Credit Union Agreement & Disclosure and the terms and conditions set forth in this My Money Agreement and Disclosure Statement (this "Agreement") as each may be jointly and/or independently amended from time to time.  This Agreement governs the use of the My Money finance management tool described herein (My Money or the "Service"), which is offered by and through Kemba Credit Union, Inc. ("Credit Union", "we", "us", or "our"), to each consumer or business whose application (the "Application") for the Service is approved. Each reference in this Agreement to "you" or "your" means each consumer who submits the Application for the Service (and refers to all such consumers jointly and severally). Please read this Agreement carefully and keep a copy for your records.
With our fully interactive on-line Service, you may monitor any of your financial account relationships from any of your accounts at Kemba Credit Union, Inc. or from any other account held by you at another financial institution, referred to in this agreement as “Accounts”, assuming, of course, that the financial institution has the ability to and permits you to release your financial information to My Money and Kemba Credit Union, Inc.

Introduction and Definitions
“My Money” and/or “Service” means the personal financial management service that Kemba Credit Union, Inc. makes available through our Kemba Credit Union, Inc. Online Banking Service with DebtFolio, Inc., a Delaware Corporation, doing business as Geezeo.com as a subsidiary product from Jack Henry and Associates, Inc.  The Service includes analyzing your personal finances through the Account information you provide, and the impact of various strategies on them.

“Account” means any of your accounts at Kemba Credit Union, Inc. or any other account held by you at another financial institution.  “Credit Union”, “we”, “our”, or “us” means Kemba Credit Union, Inc.

Information Authorization
We reserve the right to obtain such additional information as we deem reasonably necessary to ensure that you, or financial institutions holding your accounts, are not using our Service in violation of law, including, but not limited to, laws and regulations designed to prevent “money laundering.”

Kemba Credit Union, Inc. reserves the right, in its sole discretion, to determine if you are eligible and approved for the Service. If you are approved for the Service, we shall verify the Accounts that you add to the Service. You authorize us to validate the Accounts.

Once the validation is complete, we may also verify Accounts by requiring you to submit proof of ownership of the Account.

User Content
Subject to our privacy policy, you agree that we may use, copy, modify, display and distribute any information, data, materials or other content (the “Content”) you provide to us for the purpose of providing the Service, and you hereby give us a license to do so. By submitting Content, you represent that you have the right to grant such Content license to us for the purposes set forth in this Agreement.

Accounts
You understand and agree that, at all times, your relationship with us and each Account provider is independent of us and your use of the Service. We will not be liable or responsible for any acts or omissions by the financial institution or other provider of any Account, including without limitation any modification, interruption or discontinuance of any Account by such provider.

YOU ACKNOWLEDGE AND AGREE THAT WHEN WE ARE COLLECTING INFORMATION RELATED TO THE SERVICE FROM ANY OF YOUR ACCOUNTS, WE ARE ACTING AS YOUR AGENT, AND NOT AS THE AGENT OR ON BEHALF OF ANY THIRD PARTY. YOU AGREE THAT WE, OUR AFFILIATES AND PARTNERS SHALL BE ENTITLED TO RELY ON THE FOREGOING AUTHORIZATION, AGENCY AND POWER OF ATTORNEY GRANTED BY YOU.

YOU AGREE THAT WE SHALL NOT BE LIABLE FOR ANY COSTS, FEES, LOSSES, OR DAMAGES OF ANY KIND INCURRED AS A RESULT OF (1) OUR ACCESS TO THE ACCOUNTS; (2) ANY INACCURACY, INCOMPLETENESS OR MISINFORMATION CONTAINED IN THE INFORMATION RETRIEVED FROM THE ACCOUNTS; (4) ANY CHARGES IMPOSED BY ANY PROVIDER OF ACCOUNTS; (5) THE ACTIONS OR INACTION OF ANY OTHER FINANCIAL INSTITUTION OR OTHER PROVIDERS OF THE ACCOUNTS.

Not all types of accounts are eligible for the Service. Be sure to check with your financial institution for restrictions regarding your retirement (401k, IRA, etc.), savings, trusts, loans, custodial, business, corporate and other account types. We are not responsible for any costs or losses incurred from the provider of your Account or those imposed by applicable law.

Electronic Communications General Consent; Categories of Records.
The Service is an electronic, internet-based service. Therefore, you understand and agree that this Agreement will be entered into electronically. For the full electronic disclosures and notices please refer to the E-Sign Consent section above.

 

Privacy Policy and Confidentiality
We regard your privacy and security with the utmost importance, and we are absolutely committed to safeguarding any information that you share with us. In order to provide the Service, we must obtain from you certain personal information about you, your Accounts, and your transactions (referred to herein as “User Information”). You represent that you have the right to provide such User Information and that you give us the right to use the User Information in accordance with our privacy policy.

All of your personal and financial information will be placed on a secure portion of our web site. We have multiple levels of security that have been designed especially for us.

Business Days
The Service will monitor transactions on business days. Our business days are Monday through Friday. Holidays and Credit Union holidays are not included.

Authorization and Limitations
Authorization - You authorize us to access your personal financial information for each account you request the Credit Union to include in the Service.

Limitations
You understand that we are providing a pass-through service to assist with account aggregation of your financial records.  We may be limited in information access by your other financial account providers.  Should you notice an error on your other accounts, you must contact your other financial account providers. 

Suspension and Reinstatement of the Service
In the event that we, at any time, incur a problem with your use of the Service, including, without limitation, attempting to include Accounts you are not authorized to access, and without limiting any other right or remedy that we may have under this Agreement or otherwise, we reserve the right to suspend or terminate your right to use the Service immediately and without prior notice to you. You understand and agree that such action is reasonable for us to take in order to protect ourselves from loss. We also reserve the right to suspend or terminate the Service if it is inactive (not used) over a ninety (90) day period.  In the event of such suspension, you may request reinstatement of the Service by contacting us using any of the methods provided for under the Agreement. We reserve the right to, at our discretion, grant or deny reinstatement of your use of the Service. In the event we agree to reinstate you, we reserve the right to, and ordinarily will, initially reinstate your Service subject to other restrictions than otherwise might be available to you. Based upon your subsequent usage of the Service, we at our sole discretion, may thereafter restore your ability to use the Service.

Your Responsibility for Errors
You understand that we must rely on the information provided by you and you authorize us to act on any instruction which has been or reasonably appears to have been sent by you. You understand that financial institutions receiving your request for the release of information may rely on such request through the Service. We are not obligated to take any further steps to confirm or authenticate such instructions and will act on them without getting further confirmation.

You understand that, if you provide us with incorrect information or if there is any error in your instruction, we will make all reasonable efforts to reverse or delete such Account but you acknowledge and agree Kemba Credit Union, Inc. shall have no liability for any and all losses resulting, directly or indirectly, from any of your errors, duplication, ambiguities or misinformation in the information that you provide.

You agree not to impersonate any person or use a name that you are not authorized to use. If any information you provide is untrue, inaccurate, not current or incomplete, without limiting other remedies, we reserve the right to recover from you any costs or losses incurred as a direct or indirect result of the inaccurate or incomplete information.

Proprietary Rights
You are permitted to use the Service only as expressly authorized by this Agreement. You may not copy, reproduce, distribute, or create derivative works, reverse engineer, or reverse compile the Service.

No Unlawful or Prohibited Use
As a condition of using the Service, you will not use the Service for any purpose that is unlawful or is not permitted, expressly or implicitly, by the terms of this Agreement or by any applicable law or regulation. You further warrant and represent that you will not use the Service in any manner that could damage, disable, overburden, or impair the Service or interfere with any other party's use and enjoyment of the Service. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Service. You agree that these warranties and representations will remain in full force and effect even if this Agreement terminates for any reason.

Security Procedures
You understand that the financial institution at which an Account is maintained may contact us to verify the content and authority of instructions and any changes to those instructions. You understand that, as your agent, we may provide to such financial institution such information as may be required to verify the instructions and as may constitute a valid security procedure under the rules governing such Account.

Deviating from Security Procedures
You agree to allow us to authorize any financial institution at which you have an Account to accept instructions in accordance with any authorization procedures as may be agreed from time to time between you and such financial institution, or between us, on your behalf, and such financial institution, without verifying the instructions under the established security procedures, regardless of whether such security procedures were agreed by you directly or by us on your behalf. In addition, you agree that we may authorize such financial institutions to release your Account information based solely on these communications.

Account Number Policy
If instructions identify a financial institution or beneficiary by name and account number, the relevant financial institution may execute those instructions by reference to the number only, even if the number does not correspond to the name. You understand that such financial institutions may not investigate discrepancies between names and numbers.

Joint Account Holder
In submitting your application for the Service, you confirm that, if any of your Accounts is a joint account, your joint account holder has consented for you to use your Accounts for the Service. We will end your use of the Service if any joint account holder notifies us that (i) they never consented to your use of our Service, (ii) the joint account can no longer be operated on your instructions alone, or (iii) they are withdrawing consent for you to operate the joint account.  

If you have executed a Cross-Account Access/Transfer Form authorizing a joint account holder(s) or other party(s) (an “Authorized Party”) to access and transact on all of your current and future accounts and loans at Kemba, you also confirm, by submitting your application for the Service, that the Authorized Party is authorized to use the Service access and transact on all of your current and future accounts and loans. 

Means of Transfer
You authorize us to select any means we deem suitable to provide your instructions to the applicable financial institution. These choices include Online Banking channels, electronic means, mail, courier, or telecommunications services, intermediary Credit Unions and other organizations. You agree to be bound by the rules and regulations that govern the applicable systems, such as the Clearing House Interbank Payments System (CHIPS) or automated clearing house (ACH) as published by the National Automated Clearing House Association (NACHA).

Fees and Termination of Service
If we charge a fee for the My Money Service, it will be disclosed in our Rate and Fee Schedule, available on our website www.kemba.com.  Any fees will be listed on your regular periodic statement.  Paper Statement fees may apply, please see the Fee Schedule for details.

Our Liability
If we fail to provide the Service in accordance with the Communications, Disclosures, and Notices of this agreement, we shall be responsible for correcting improper Account information. We are not responsible or liable for incomplete, incorrect, failed or late Account information due to any other financial institution system failures, errors or mistakes. Except as otherwise required by law, we shall in no other event be liable for any losses, fees, overdraft charges or damages other than those arising from our breach of a representation or warranty provided herein.

You agree that your use of the Service constitutes authorization for us to obtain information related to your Accounts. You understand and agree that we are not liable under any circumstances for any losses or damages, directly or indirectly, if, you suffer a loss based on the accuracy of information provided to you through the My Money service.

You also understand and agree that we are not responsible to the extent performance is prevented or delayed due to causes beyond such party's reasonable control and without its negligent or willful misconduct, including without limitation acts of God, natural disasters, terrorist acts, war or other hostilities, labor disputes, civil disturbances, governmental acts, orders or regulations, third party nonperformance or failures or fluctuations in electrical power, heat, light, air conditioning or telecommunications equipment.

Limitation of Warranty and Liability
YOU UNDERSTAND AND AGREE THAT THE SERVICE IS PROVIDED AS-IS. EXCEPT AS OTHERWISE PROVIDED IN THIS AGREEMENT OR AS REQUIRED BY LAW, WE ASSUME NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY, OR FAILURE TO STORE ANY USER COMMUNICATIONS OR PERSONALIZATION SETTINGS. YOU UNDERSTAND AND EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK, THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DOWNLOADED OR OBTAINED AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION, DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR THE OBTAINING OF SUCH MATERIAL AND/OR DATA.

EXCEPT AS EXPRESSLY SET FORTH ON THE WEB SITE OR IN THIS AGREEMENT, WE DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR THIRD PARTY RIGHTS: AND, WE MAKE NO WARRANTY OR REPRESENTATION REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE, THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED  THROUGH THE SERVICE, THE ACCURACY OFANY INFORMATION RETRIEVED BY US FROM THE ACCOUNTS OR THAT THE SERVICE WILL MEET ANY USER'S REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE.

EXCEPT AS DESCRIBED IN THIS AGREEMENT, WE WILL NOT BE  LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY KIND RESULTING FROM THE USE OF OR THE INABILITY TO USE THE SERVICE, ANY INACCURACY OF ANY INFORMATION OR AMOUNT RETRIEVED BY US FROM THE ACCOUNTS, ANY BREACH OF SECURITY CAUSED BY A THIRD PARTY, ANY TRANSACTIONS ENTERED INTO BASED ON THE SERVICE, ANY LOSS OF, UNAUTHORIZED ACCESS TO OR ALTERATION OF A USER'S TRANSMISSIONS OR DATA OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, EVEN IF WE HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Indemnification
You agree to indemnify , defend and hold  harmless Kemba Credit Union, Inc. our affiliates, partners, officers, directors, employees, consultants and agents from any and all third party claims, liability, damages and/or costs (including, but not limited to, attorneys fees) arising  directly or indirectly from: (a) your use of the Service; (b) our reliance on the information, instruction, license and/or authorization provided by you under or pursuant to this Agreement, (c) your negligence or intentional conduct; (d) your violation or breach of the terms under this Agreement including, but not limited to, any breach which results in the unauthorized and/or non-permissible use of information obtained via the Kemba Credit Union, Inc. Online Banking Service or the My Money service; and/or (e) your infringement, or infringement by any other user of your account(s) at our web site, of any intellectual property or other right of any person or entity.

Miscellaneous
You agree that our rights and remedies arising out of any breach of your representations and warranties in this Agreement, the limitations on our liability, and our rights to indemnification under this Agreement are continuing and shall survive the termination of this Agreement, notwithstanding the lack of any specific reference to such survivability in these provisions. Our failure to enforce the strict performance of any provision of this Agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provisions of this Agreement.

The most current version of this Agreement as it appears on our web site, including any amendments that we may make from time to time, constitutes the entire agreement between us, and supersedes and replaces all other agreements or understandings, whether written or oral, regarding the Service. This Agreement may be amended, or any of our rights waived, only if we agree in writing to such changes, or you continue using the Service following receipt of notice of any changes proposed by us. All notices to you shall be in writing and shall be made either via e- mail, conventional mail or messages delivered through the Services, at our discretion.  Regardless of your receipt of email notification, you agree that our posting of the Amendment on the Online Banking Web site constitutes delivery of your amendment notice.  All notices to us must be made in writing and sent to us at Kemba Credit Union, Inc. via registered or certified mail.

We may assign this Agreement to any affiliate, parent or other company.  We may also assign or delegate certain of the rights and responsibilities under this Agreement to such third parties as we may elect upon notice to you whereupon we shall be released from any and all further liability or responsibility related thereto.

You may not assign any of your rights under this Agreement, except with the prior written consent of Kemba Credit Union, Inc.  You are prohibited from any and all assignments of rights under this agreement, whether they are voluntary or involuntary, by merger, consolidation, dissolution, operation of law, or any other manner.  You may not delegate any performance under this Agreement.  Your purported assignment or delegation of any rights of performance are in violation of this agreement and void.

We reserve the right to amend or cancel any of the provisions of this Agreement, including changes to any fees, costs, or assessments. We may amend or cancel any provision or charge by disclosing the change in writing or electronically, and, at our option, by sending notification to the e-mail address recorded during your Online Banking enrollment.  You may choose to accept or decline amendments, cancellations or changes by continuing or discontinuing the accounts or services to which these changes relate, at your option.  Regardless of your receipt of email notification, you agree that our posting of the Amendment on the Online Banking Web site constitutes delivery of your amendment notice. We also reserve the option, in our business judgment, to waive, reduce or reverse charges or fees in individual situations.

Notice of Your Rights and Liabilities 
Notify us immediately if your User ID and Password have been compromised, lost, stolen or used without your authorization. Failure to notify Kemba Credit Union, Inc. and all other financial institutions holding accounts listed in the Service immediately could result in the loss of all money accessible by the Password. Telephoning us at the number listed below in the Errors and Questions section is the best way of limiting your possible loss on Credit Union Accounts.

If the Credit Union is notified within two (2) business days after you discover that your User ID and Password have been compromised, lost or stolen, you can lose no more than $50 from your Credit Union accounts if someone used it without your permission. If you do not notify us within two (2) business days, and we can prove we could have prevented someone from using the User ID and Password without your permission, you could lose as much as $500 from your Credit Union accounts.  Kemba Credit Union, Inc. makes no representation or warranties as to other financial institutions security or reimbursement procedures.

If your statement shows unauthorized transfers, notify us within sixty (60) days after the statement is mailed to you or viewed on your computer.  After sixty (60) days, if we can prove that we could have stopped someone from taking the money if we had been told, you may not get back any money you lost after the 60 days. If a good reason, (such as a long trip or hospital stay) kept you from telling us, we may extend the time periods to a reasonable time.

Errors and Questions
In cases of errors or questions concerning transactions completed using the Online Banking Service, including the My Money service, do one of the following, as soon as possible:

  • Contact Kemba Credit Union, Inc. Member Call Center at 513-762-5070 or 1-800-825-3622, or;
  • Write to: Kemba Credit Union, Inc., P.O. Box 14090, Cincinnati, OH 45250.

 

We must hear from you within sixty (60) days after you receive the first statement or notification in which the error or problem appeared. Please include the following information:

  • Name.
  • Member Number.
  • Description of the error or what you are unsure about, plus an explanation of why you believe it is an error or why you need more information.
  • Tell us the amount of the error.

For a Bill Pay error tell us:

  • Checking account number used to pay the bill or Payee name.
  • Date the payment was sent or Confirmation number.
  • Payment amount.
  • Payee account number for the payment in question.

We will tell you the results of our investigation within ten (10) business days after we hear from you twenty (20) business days if the transaction involved a new account). If after the first deposit to the account we need more time we may take up to forty-five (45) calendar days to investigate (ninety (90) calendar days if the transaction involved a new account).  If we choose to take up to the forty-five (45) or ninety (90) business days, we will give you a provisional credit to your account within ten (10) business days. Your account is considered a new account for the first thirty (30) days after the first deposit is made, unless each of you already has an established account with us before this account is opened. If we decide there was no error, we will furnish you with a written explanation within three (3) business days after the investigation is complete.

Member to Member (M2M) Agreement and Disclosure Statement

General Consent; Categories of Records.
The Service is an electronic, internet-based service. Therefore, you understand and agree that this Agreement will be entered into electronically. For the full electronic disclosures and notices please refer to the E-Sign Consent section above.

Sending Money via Member to Member (M2M)
You may send money to another Member at your initiation. You understand that the use of this service by you shall at all times be subject to this agreement and the Communications, Disclosures, and Notices of your account agreement. You understand that when you send the funds, you will have no ability to stop it. We therefore recommend that you use this service to send money only to people you know and trust.

In most cases, when you send money to another Member, the transfer will occur in minutes; however, there are circumstances when the transfer may take longer. For example, but not limited to, the transfer may be delayed or blocked by Kemba Credit Union to prevent fraud or to comply with regulatory requirements. If Kemba Credit Union delays or blocks a transfer that you have initiated, Kemba Credit Union will notify you in accordance with your notification preferences.

Receiving Money via Member to Member (M2M)
Once a Member initiates a transfer of money to your account you have no ability to stop the transfer.

Most transfers of money to you from other Members will occur within minutes. There may be other circumstances when the payment may take longer. For example, but not limited to, we may delay or block the transfer to prevent fraud or to meet our regulatory obligations.

While Kemba Credit Union maintains and enforces standards for all parties we have no control over the actions of other Members that could delay or prevent a transfer of money to you.

Liability for Sending or Receiving Money via Member to Member (M2M)
Kemba Credit Union shall not have any liability to you for any transfers of money, including without limitation, (i) any failure, through no fault of Kemba Credit Union, to complete a transaction in the correct amount, or (ii) any related losses or damages. We recommend that you send money only to friends, family and others that you know and trust.

Kemba Credit Union shall not be liable for any typos or keystroke errors that you may make when using the service. YOU UNDERSTAND AND AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR ENTERING THE CORRECT ACCOUNT NUMBER AND CORRECT LAST NAME SPELLING OF THE RECIPIENT MEMBER THAT YOU ARE SENDING MONEY TO, AND THAT YOU, NOT KEMBA CREDIT UNION, ARE RESPONSIBLE FOR ANY AMOUNTS THAT ARE TRANSFERRED TO THE INCORRECT PERSON AS A RESULT OF YOU ENTERING THE INCORRECT ACCOUNT NUMBER, NAME, OR AMOUNT.

You acknowledge that Kemba Credit Union shall not have any liability for your failure to comply with the Terms and Conditions of your account agreement.

THE SERVICE IS INTENDED FOR SENDING MONEY TO FAMILY, FRIENDS, AND OTHERS YOU TRUST. YOU SHOULD NOT USE THE MEMBER TO MEMBER (M2M) TO SEND MONEY TO PERSONS WITH WHOM YOU ARE NOT FAMILIAR OR YOU DO NOT TRUST. KEMBA CREDIT UNION DOES NOT OFFER A PROTECTION PROGRAM FOR AUTHORIZED PAYMENTS MADE WITHIN THE MEMBER TO MEMBER (M2M) SERVICE (FOR EXAMPLE, IF YOU DO NOT RECEIVE THE GOODS OR SERVICES THAT YOU PAID FOR, OR THE GOODS OR SERVICES THAT YOU RECEIVED ARE DAMAGED OR ARE OTHERWISE NOT WHAT YOU EXPECTED).

Limitations on Transfers via Member to Member (M2M)
Kemba Credit Union will limit the amounts you can send to another Member when using the Member to Member (M2M) service. Kemba Credit Union may, in its sole discretion, determine the limits you qualify for and may change those limits whenever Kemba Credit Union chooses. Send limits are not increased or decreased at the request of the Member. In the event that you request a transfer that exceeds your available balance or limit, you will be informed of the allowable amount you can transfer at that time.

Transaction Errors via Member to Member (M2M)
If you have a question about a transfer that you received or expected to receive, then you should contact the sender first and attempt to resolve the issue.

In case of errors or questions about your transactions facilitated through Member to Member (M2M), please contact us by telephone at 513-762-5070 or toll free at 1-800-825-3622, or sending a written request to us at Kemba Credit Union, Inc. C/O Payment Systems, 8763 Union Centre Blvd. West Chester Ohio 45069 as promptly as you can. We must hear from you no later than 60 days after you received the first statement or receipt upon which the problem or error appeared.

  • Tell us your name and account number.
  • 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 verbally, we may require that you send us your complaint or question in writing within ten (10) business days after we hear from you and will correct any error promptly.
  • We will tell you the results within three (3) 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.
  • For the purpose of this Service Agreement, “business days” means Monday through Friday, excluding federal banking holidays.

Your Liability for Unauthorized Transfers via Member to Member (M2M)
Please immediately call Kemba Credit Union at 513-762-5070 or toll free at 1-800-825-3622, or sending a written request to us at Kemba Credit Union, Inc. C/O Payment Systems, 8763 Union Centre Blvd. West Chester Ohio 45069 if:

  • You believe that your password has been stolen.
  • The mobile device that you have used has been lost or stolen.
  • You believe that a transfer of money has been made from your account without your permission.
  • An unauthorized person has discovered your password or accessed your account and may have transferred money from your account.
  • You need more information about a money transfer using this service.


Member to Member (M2M) Fees
Kemba Credit Union charges no fees for your use of the service to complete transfers. However, Kemba Credit Union reserves the right to charge a fee in the future for any current Services, and Kemba Credit Union may develop new uses or other services for Members and a fee may apply for such other uses or services. You will be notified in advance of any fees in accordance with Kemba Credit Union’s Fee Schedule. https://www.kemba.com/services-tools/tools/fee-schedule.html Fees, when applicable, will be displayed prior to each use of service.

Disclosure of Account Information to Third Parties
Information to third parties about your account(s) or the transaction(s) you make will only be disclosed if at least one of the following applies:

  • It is necessary to complete a transaction.
  • To verify the existence and condition of your account to a third party such as a credit bureau or merchant.
  • To comply with a governmental agency or court order.
  • If permission is given to us by you, which we may require to be in writing.
  • To collect information for internal use, the use of our service providers, and our servicing agents and contractors concerning the Service.

·         It involves a claim by or against us concerning a deposit to or withdrawal from your account.
·         Where otherwise required or permitted under state or federal laws and/or regulations.

General
Kemba Credit Union, Inc. may comply with any writ of attachment, execution, garnishment, tax levy, restraining order, subpoena, warrant or other legal process that Kemba Credit Union, Inc. believes (correctly or otherwise) to be valid. Kemba Credit Union, Inc. may notify the undersigned of such process by telephone, electronically or in writing.  If Kemba Credit Union, Inc. is not fully reimbursed for record research, photocopying and handling costs to the undersigned’s account, in addition to any minimum fee Kemba Credit Union, Inc. charges for complying with legal process.

Kemba Credit Union, Inc. may honor legal process that is served personally, by mail, or by facsimile transmission at any of their offices or an office of their agent, even if the law requires personal delivery at the office where the undersigned’s account or records are maintained.

Kemba Credit Union, Inc. shall have no liability to the undersigned for any action taken or omitted by Kemba Credit Union, Inc. hereunder in good faith.

The undersigned agrees to indemnify Kemba Credit Union, Inc., its affiliates, and their respective directors, officers, employees, agents and representatives from and against all loss, cost, expenses or liability (including counsel and accountant fees) and claims arising out of compliance with any legal process that Kemba Credit Union, Inc. believes (correctly or otherwise) to be valid, regardless of whether they are incurred before, during or after any litigation or other dispute resolution procedure, regardless of success on the merits

Virus, Malware, and Spyware Protection
Kemba Credit Union, Inc. is not responsible for any electronic virus, viruses, malware, and/or spyware that you may encounter. We encourage our members to routinely scan their PC and devices using a reliable virus product, malware detection software program, and spyware protection software program to detect and remove any of the above.  Kemba Credit Union, Inc. makes no warranty, expressed or implied, regarding which programs to use, or that the programs/products utilized will catch all viruses, malware, and/or spyware that may become present on a member’s PC or other device.  Undetected or un-repaired viruses may corrupt and destroy your programs, files and even your hardware. Additionally, you may unintentionally transmit the virus to other computers. Member assumes responsibility for remaining diligent with technology updates. 

Hardware and Software Requirements
For the latest list of required Hardware and Software requirements needed for access your accounts with Kemba Credit Union, Inc., please go to www.kemba.com.

 Device, Username, Password Security
Kemba Credit Union, Inc. is not responsible for member PC or device security while accessing data through an internet connection, network, or service.  Members should utilize strong passwords for PC and device security to access their PC or device, as well as, utilize unique usernames, and strong passwords to gain access into their accounts. Kemba Credit Union, Inc. is not responsible for the security of the PC, device, or account information on unsecure networks, internet, or service connections, in the loss or theft of the PC or device, or failure to maintain adequate security on the PC or device.  More information is available at www.FTC.gov.
  
Termination
You may terminate the use of Online Banking, Mobile Banking, or any service within Online Banking or Mobile Banking by contacting Kemba Credit Union, Inc. in writing by mail, e-mail, or personal delivery.   If your account is closed or restricted for any reason, Online Banking and Mobile Banking accessibility will automatically terminate.  Kemba Credit Union, Inc. may terminate this agreement any time with or without notice.

CLASS WAIVER AND ARBITRATION
THIS ARBITRATION AND CLASS ACTION WAIVER PROVISION APPLIES TO ALL CLAIMS THAT ARE FILED OR INITIATED AFTER THE EFFECTIVE DATE BELOW, EVEN IF THE CLAIM ARISES OUT OF, AFFECTS, OR RELATES TO CONDUCT THAT OCCURRED PRIOR TO THE EFFECTIVE DATE. If a claim is filed or initiated prior to the effective date below, this Arbitration and Class Action Waiver provision will not apply to such claim. If you elect to opt-out, you must do so within 30 days of the effective date in accordance with the opt-out provision below.
Arbitration of Claims and Disputes
PLEASE REVIEW THIS PROVISION CAREFULLY: IT AFFECTS YOUR LEGAL RIGHTS
Arbitration of a dispute will result in the loss of any right to participate in a class action lawsuit related to the claim arbitrated.

  • Arbitration Procedures
    • Electing Arbitration. Except if you opt out as provided below, you or we may elect to arbitrate any claim or dispute between you and us arising from or related in any way to this Agreement or to any account, product, or service you have or have had with us. This arbitration provision applies regardless if the claim or dispute is based in contract, tort, or otherwise. If arbitration is elected, any claim or dispute will be resolved by individual (and not class-wide) binding arbitration instead of a lawsuit or other resolution in court. This arbitration provision does not apply to any individual collection action brought in small claims court (or your state court equivalent). Any arbitration hearing will be at the Municipal Court, or Common Pleas Court at the time the arbitration is commenced, unless otherwise mutually agreed in Hamilton or Butler County, Ohio.
    • Arbitration Costs. Each party will be responsible for its own filing, case management, administration, and arbitrator fees. Each party will be responsible for its own fees, including attorney’s fees in any arbitration, except that the arbitrator is permitted to award attorney’s fees to the prevailing party under applicable law or agreement.
    • Arbitrator and Arbitration Rules. The party electing arbitration must choose between one of two organizations: the American Arbitration Association (“AAA”); or Judicial Arbitration and Mediation Services (“JAMS”). The rules and codes of procedure of the chosen organization in effect when arbitration is elected will apply. Arbitration will be conducted by a panel of three arbitrators. Each party will select an arbitrator within ten days of the filing of the arbitration, with such selected arbitrators selecting the third arbitrator within twenty days of their appointment who will serve as chair of the panel. The arbitrators are bound by the terms of this Agreement and each will be a retired judge or attorney with the experience in financial institutions.
    • Effect of Arbitration Award. The arbitrators’ decision and award will be final and binding on all parties, except for any right to appeal provided by the Federal Arbitration Act, and may be entered in any court, state or federal, having jurisdiction. Ay relief available in a court of law can be awarded by the arbitrators.
  • Federal Arbitration Act. This Agreement is considered a transaction in interstate commerce. As such, the Federal Arbitration Act (Title 9 of the US Code) governs the interpretation and enforcement of this arbitration provision. Any issue concerning the validity or enforcement of this arbitration provision, or whether it applies to any specific claim or dispute will be determined by the arbitrators.
  • CLASS ACTION WAIVER. Unless prohibited by applicable law, arbitration will be solely brought in your individual capacity and be solely between you and us. Neither you nor we have the right to participate in a class action in court or arbitration, either as a class representative or class member. No arbitration between you and us may be joined or consolidated with any other arbitration. Under no circumstances shall there be any class action in arbitration.
  • General.
    • Severability; Survival. Except as provided in the Class Action Waiver above, if any term of this arbitration provision is found unenforceable for any reason, it shall be served, and the remaining terms shall be enforced without regard to the invalid or unenforceable provisions. This arbitration provision shall survive termination of the Agreement.
    • Available Relief. This arbitration provision does not preclude you from informing any federal, state or local agency or entity of your dispute. Such agency or entity may be able to seek relief on your behalf. Nothing in this arbitration provision limits your or our right, whether before, during or after the pendency of any arbitration proceeding, to exercise any self-help remedies, such as set-off, or repossession and sale of collateral, or to obtain injunctive relief or interpleader relief. The exercise of these rights will not constitute a waiver of the right to submit any dispute to arbitration.
    • Exclusion. To remove any doubt, this arbitration provision does not apply to any consumer credit transaction secured by a dwelling (including a home equity line of credit secured by your principal dwelling).

RIGHT TO OPT OUT. YOU MAY OPT OUT OF THIS ARBITRATION PROVISION AND THE CLASS ACTION WAIVER BY CALLING US TOLL FREE AT 1-800-825-3622, BY SENDING A WRITTEN REQUEST TO US AT KEMBA CREDIT UNION, INC. C/O MEMBER SERVICES, 8763 UNION CENTRE BLVD. WEST CHESTER OHIO 45069, (WHICH MUST INCLUDE YOUR NAME, ADDRESS AND ACCOUNT NUMBER), OR BY E-MAIL AT Service@kembacu.org. NOTICE MUST BE RECEIVED WITHIN THIRTY (30) DAYS AFTER THIS AGREEMENT WAS DELIVERED OR OTHERWISE MADE AVAILABLE TO YOU (the ‘EFFECTIVE DATE”). IF YOU FAIL TO OPT OUT WITHIN THIS THIRTY (30) DAY PERIOD, YOU WILL BE DEEMED TO HAVE PROVIDED YOUR CONSENT TO THE RESOLUTION OF CLAIMS OR DISPUTES THROUGH BINDING ARBITRATION. OPTING OUT OF ARBITRATION WILL NOT TERMINATE OR EFFECT ANY OTHER RIGHTS YOU OR WE HAVE UNDER THIS AGREEMENT. IF YOU OPT OUT, YOU MUST OPT OUT OF ALL TERMS OF THIS ARBITRATION PROVISION. YOU MAY NOT OPT OUT OF ONLY CERTAIN TERMS.

Severability
If for any reason any provision or portion of the Communications, Disclosures, and Notices is deemed unenforceable, the remainder of the Communications, Disclosures, and Notices will continue in full force and effect. This Agreement shall take effect immediately upon the acceptance of your application for these services by us.

Ownership of Material
Kemba Credit Union, Inc. utilizes Jack Henry and Associates, Inc. for Online Banking services; Bill Payment; First Data for Debit Card/ATM Service, and Jack Henry and Associates, Inc. as a third party service provider for DebtFolio, Inc., a Delaware Corporation, doing business as Geezeo.com, for the My Money Service.

Kemba Credit Union, Inc. utilizes Access Softek for Mobile Banking and associated services.

Third-Party Beneficiaries
This Agreement is for the sole and exclusive benefit of Credit Union and Member and is not intended to benefit any third party, except Credit Union’s licensors. Member and Credit Union acknowledge and agree that any party that licenses the Software to Credit Union, directly or indirectly through one or more sub-licensees, is a third-party beneficiary to this Agreement with respect to those provisions dealing with use and protection of intellectual property.

Entire Agreement
This Agreement, the Exhibits and schedules to this Agreement (as may be amended from time to time), constitutes the entire agreement between Member and Credit Union with respect to the subject matter hereof, supersede any prior agreements between Credit Union and Member with respect to the subject matter hereof, and shall be binding upon Credit Union, Member and their respective successors and permissible assigns. In the event of any inconsistency between this Agreement, Communications, Disclosures, and Notices, or other Account Agreement, this Agreement will govern.

Revised 12/16/2019