AGREEMENT AND DISCLOSURE STATEMENT
APPLETREE CREDIT UNION
This Agreement establishes the rules that cover your electronic access to your account(s) at APPLETREE CREDIT UNION (“Credit Union”) through Online Banking. You will be bound by this Agreement when you enroll in Online Banking. You also accept all the terms and conditions of this Agreement by using the Online Banking. Please read it carefully and retain for your records.
This Agreement is also subject to applicable federal laws and the laws of the State of Wisconsin (except to the extent this Agreement can and does vary from such rules or laws). If any provisions of this Agreement are found unenforceable or invalid, all remaining provisions will continue in full force and effect. The headings in the Agreement are for convenience or reference only and will not govern the interpretation of the provisions. Any waiver (express or implied) by either party or any default or breach of this Agreement must be in writing and shall not constitute a waiver of any other or subsequent default or breach. No delay or omission on our part in exercising any rights or remedies shall operate as a waiver of such rights or remedies or any other rights or remedies. A waiver on any one occasion shall not be construed as a bar or waiver of any rights or remedies on future occasions. You may not assign this Agreement. This Agreement is binding upon your heirs and the Credit Union’s successors and assigns. Certain of the obligations of the parties pursuant to this Agreement that by their nature would continue beyond the termination, cancellation, or expiration of this Agreement shall survive termination, cancellation, or expiration of this Agreement. This Agreement, together with the Truth in Savings, Membership and Account Agreement any loan agreement and related documentation, other applicable documentation governing any matter related to your use of Online/Mobile App constitutes the entire agreement between you and the Credit Union with respect to the subject matter hereof and there is no understanding or agreements relative hereto which are not fully expressed herein.
The words “you”, “your”, and “yours” refer to the APPLETREE CREDIT UNION member(s) jointly and severally. The words “we”, “us”, “our”, and “Credit Union” refer to APPLETREE CREDIT UNION. This Agreement and Disclosure Statement (hereinafter “Agreement”) explains and describes the types of Electronic Funds Transfers which are available to you with our Online Banking Branch. This Agreement also contains your rights and responsibilities concerning transactions that you make through the Online Banking Branch, including your rights under the Electronic Funds Transfer Act.
To qualify for access to the Online Banking, you must be a Credit Union member in good standing. The Online Banking may not be accessible to Business and Organizational accounts. Other conditions may apply.
1. ONLINE BANKING
You may reach the Online Banking at www.appletree.org. You can use Online Banking 7 days a week, 24 hours a day, 365 days a year, although some or all of the Online Banking services may not be available occasionally due to emergency or scheduled system maintenance. The use of your Logon ID and Security Code are required to access Online Banking. You can perform the following transactions on account(s) to which you are authorized and have been given access to:
a) Obtain balances on primary accounts and joint accounts (if allowed by the credit union)
b) Make transfers between accounts (if allowed by the credit union)
c) Enroll to receive and view eStatements. (if set up for service)
d) Enroll to receive eAlerts and communicate with the credit union.
2. Mobile App Requirements/Limitations; Fees; Availability
To utilize our Mobile Banking App, you must be enrolled in Online Banking. Mobile Banking App is offered as a convenience and supplemental service to our Online Banking services. It is not intended to replace access to Online Banking from your personal computer or other methods you use for managing your accounts and services with us. 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 App. We also reserve the right to modify the scope of the services at any time. You agree that you remain subject to all of the terms and conditions of your existing agreements with our Mobile Banking App.
You agree that, when you use Mobile App, you remain subject to the terms and conditions of your existing agreements 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 App (such as data usage or text messaging charges imposed on you by your mobile service provider for your use of or interaction with Mobile App), 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.
Mobile App may not be accessible or may have limited utility over some network carriers. In addition, not all mobile devices may support Mobile App. We make no representation that any content or use of Mobile App is available in locations outside of the United States. Accessing Mobile App from locations outside of the United States is at your own risk.
3. Login Information and Security
You agree to take every precaution to ensure the safety, security and integrity of your Accounts and transactions when using Online Banking/Mobile App. Using your Login information has the same effect as your signature authorizing transactions. You agree not to leave your mobile device or computer unattended while logged into Online Banking/Mobile App and to log off immediately at the completion of each access by you. You agree to safely keep your login information, not to record the login information or otherwise disclose or make the information available to anyone. You agree that the primary account holder is the only person on the account that AppleTree Credit Union authorizes to access the account online. You agree that if you give your logon information to anyone, including a joint account holder, you are giving that individual permission and the ability to view the balances and histories of all accounts to which you are affiliated. Anyone to whom you disclose your login information and anyone who has access to your security codes/password will have full access to Online Banking/Mobile App, including full access to your accounts. You have no ability to limit any such person’s authority. If anyone uses your login information with your permission, you will be responsible for any transactions performed by that person.
4. LIMITATIONS ON TRANSFERS
We will not be required to complete a withdrawal or transfer from your account(s) if you do not have enough money in the designated account(s) to cover the transaction; however, we may complete the transaction. You agree not to use Online Banking to initiate a transaction that would cause the balance in your designated account(s) to go below zero. If you have a HELOC line-of-credit, you agree not to use Online Banking to initiate any transaction that would draw from your HELOC line-of-credit. We will not be required to complete such a transaction. We will not complete any request that would exceed your HELOC line-of-credit limit. We also will refuse to complete your Online Banking transactions if we have canceled your Online Banking or we cannot complete the transaction for security reasons.
The functions and limitations of Online Banking may be updated, without notice, at the option of the Credit Union in order to provide improved service to the membership.
5. FEES FOR ONLINE BANKING
Currently there is no monthly service fee for using Online Banking; however, we may implement a fee as required by applicable federal and/or state regulations and in such case, we will notify you as soon as practicable. If at that time, you choose to discontinue using Online Banking, you must notify us in writing.
6. ACCOUNT STATEMENTS
Your periodic statement will identify each electronic transaction. You will receive a monthly account statement for each month in which you initiate electronic transactions.
7. eALERTS
By subscribing to eAlerts, you will have the service option to set up self-defined eAlerts. This service is designed to provide you notice of specific events that you self-define on online banking and are solely responsible for the setup and maintenance of such events. You may discontinue and edit your self-defined eAlerts as you see fit. Your internet access and or SMS (text) messaging carrier fees may apply. eAlerts will be sent to the email address you have provided for online banking. You can choose to have eAlerts sent to other addresses including a mobile device that accepts SMS (text) messages. eAlerts may be delayed or prevented by a variety of factors. We neither guarantee the delivery nor the accuracy of the contents of any eAlerts. We are not liable for any delays, failure to deliver, or misdirected delivery of any eAlert; for any errors in the content of an eAlert; or for any actions taken or not taken by you or any third party in reliance on an alert. We require you do NOT include any personal information such as but not limited to, your member number, social security number or any security code/password. Anyone with access to your email will be able to view the contents of eAlerts. Therefore, you are responsible for the security of your telecommunications equipment and must take all reasonable precautions to prevent anyone else from accessing any confidential information.
We will send you an email message reminder when an eAlert option is met. You must provide an accurate, active email address in online banking. It is your responsibility to maintain an accurate, active email address and inform the credit union of any changes. The credit union assumes no responsibility if you do not view these eAlerts. Primary or joint members can change your preferences at any time in online banking. The credit union shall have no obligation or liability to any of the parties to a joint account if the email address is changed through the proper channels.
8. YOUR LIABILITY FOR UNAUTHORIZED TRANSACTIONS
You will be liable for unauthorized access to accounts via Online Banking to the extent allowed by applicable federal and state law. You must tell us AT ONCE if you believe your Member number, or Logon ID, or any record thereof including mobile device, has been lost or stolen, or if any of your accounts have been accessed without your authority.
Telephoning is the best way of minimizing your liability. You could lose all the money in your accounts, plus your maximum HELOC line-of-credit availability. If you tell us within two (2) business days of the loss, theft, or unauthorized access, you can lose no more than $50 if someone accessed your account without your permission. If you do NOT tell us within two (2) business days after you learn of the loss, theft or unauthorized access, and we can prove we could have stopped someone from accessing your account without permission if you had notified 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 sixty (60) days after the first statement on which the problem or error appeared was mailed or made available electronically (if you are using eStatements) to you, you may not get any money you lost after the sixty (60) days if we show that we could have stopped someone from taking the money if you would have told us in time. If a good reason (such as a long trip or a hospital stay) kept you from telling us, we may extend the time periods. You must:
• Tell us your name and account number(s).
• Describe the error or 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, you must send us your complaint or questions in writing within ten (10) business days. We will tell you the results of our investigation within 10 business days after we hear from you and will correct any error promptly. If we need more time, however, we may take up to 45 days to investigate your complaint or questions. If we decide to do this, we will re-credit your account within 10 business days for the amount you think is in error so that you will have use of the money during the time it takes us to complete our investigation. If you do not put your complaint or question in writing and/or we do not receive it within ten (10) business days, we may not re-credit your account. If we decide that there was not an error, we will send you a written explanation within three (3) business days after we finish our investigation. You may ask for copies of the documents that we used in our investigation.
9. Contact in Event of Unauthorized Access
If you believe your login information has been lost or stolen or that someone may or has fraudulently accessed your account without your permission, contact us by phone at 414-546-7800 for most immediate response, email at office@appletree.org or mail at 11333 W Greenfield Ave, West Allis WI 53214
10. TRANSACTIONS THAT ARE NOT COMPLETED OR DELAYED
We strive to make all your funds transfers according to your instructions. We will, however, incur no liability if we are unable to complete any transfer initiated by you through Online Banking/Mobile App because of the existence of any one or more of the following circumstances:
-If we have terminated this Agreement.
-If a scheduled transfer is to be completed on a non-business day (weekend or holiday), the transfer will occur on the business day before the non-business day scheduled.
-The funds transfer would exceed the maximum permitted funds transfer amount or your available balance or your account has been re-titled, frozen, closed, blocked for security reasons, or subject to legal process or other encumbrances restricting the transfer.
-You have reported an unauthorized use of your Member Number and Security Code/Password, reported it as stolen, or requested that we issue a new Security Code/Password, and we have as a result refused to honor the original Security Code/Password. Or, we believe the transfer request is unauthorized.
-If you, or anyone authorized by you, commits any fraud or violates any law or regulation.
-If the transfer would cause your balance to become negative or exceed the credit limit of an established line of credit loan.
-Circumstances beyond our control (such as, but not limited to, fire, flood or interference from an outside force) prevent the proper execution of the transaction, and we have taken reasonable precautions to avoid those circumstances.
-If any part of Online Banking is not working properly and you knew about the problem.
-Errors or failures from any malfunctions of your browser, Internet service provider, computer, computer virus or other problems relating to the computer or mobile device equipment you use with Online Banking/Mobile App, including, without limitation, your inability to access Online Banking/Mobile App or any part of Online Banking/Mobile App.
-Failure to provide access or for interruptions in access to Online Banking/Mobile App due to Online Banking/Mobile App system failure.
-We have good reason to believe the transfer request is unauthorized.
-An account holder is deceased.
-If other exceptions are introduced as provided by applicable law or stated in any of our agreements with you.
Provided none of the foregoing exceptions are applicable, if Online Banking/Mobile App causes an incorrect amount of funds to be removed from your account, Online Banking/Mobile App shall be responsible for returning the improperly transferred funds to your account. If Online Banking/Mobile App causes funds from your account to be directed to an incorrect payee, you agree to help us recover funds directed to the incorrect payee.
NOT WITHSTANDING ANY OTHER PROVISION IN THIS AGREEMENT, UNLESS OTHERWISE PROHIBITED BY LAW, THE FOREGOING SHALL CONSTITUTE OUR ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY. EXCEPT AS SPECIFICALLY PROVIDED FOR HEREIN, IN NO EVENT SHALL WE BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING LOST PROFITS (EVEN IF ADVISED OF THE POSSIBILITY THEREOF) ARISING IN CONNECTION WITH OR IN ANY WAY RELATED TO ONLINE BANKING/MOBILE APP.
11. Exclusion of Liability and Warranties
Online Banking/Mobile App makes use of a private network, intended for authorized users only. We have confidence in the security measures we employ, however, this is not an invitation for individuals to attempt unauthorized access.
BY USING ONLINE BANKING/MOBILE APP, YOU AGREE TO ACCEPT COMPLETE RESPONSIBILITY THEREFORE, APPLETREE CREDIT UNION AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND SERVICE PROVIDERS, DISCLAIM ANY AND ALL LIABILITY, WHETHER NOW KNOWN OR OTHERWISE, WITH RESPECT TO YOUR USE, AUTHORIZED OR UNAUTHORIZED, OF ONLINE BANKING/MOBILE APP, AND APPLETREE CREDIT UNION FURTHER SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES WITH RESPECT THERETO, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY AND/OR FITNESS FOR A PARTICULAR PURPOSE.
12. Notification of Change in Name or Address
You agree to notify us promptly in writing of any change in name, address or email address via secure email form or in writing.
13. INFORMATION ABOUT YOUR DESIGNATED ACCOUNTS
You authorize us to obtain any information deemed necessary to process your request for access to Online Banking. Additionally, you agree that we will disclose information to third parties about your designated account(s) or the transactions you make:
a) Where it is necessary for completing or documenting transactions or resolving errors involving transactions.
b) In order to verify the existence and condition of your designated account(s).
c) In order to comply with orders or subpoenas of government agencies or courts.
d) If you give us written permission.
14. OUR BUSINESS DAYS
Our business days are Monday through Friday, other than legal banking holidays.
15. PRE-AUTHORIZED PAYMENTS
You may not use Online Banking to enter into pre-authorized payment arrangements.
16. Overdrafts
When you schedule a funds transfer using Online Banking/Mobile App, you authorize us to withdraw the necessary funds from your account with us. We debit the amount of your funds transfer on the business day you instruct us to process the funds transfer between your accounts. Each instruction to us to withdraw or transfer from an account is an order to us to pay from that account on the specified date. We may charge funds transfer against the account even though the charge creates an overdraft or constitutes a draw against unavailable funds. If you overdraw your account, you agree to immediately pay us the overdrawn amount together with any applicable fees. See the Account Agreement for details.
17. OUR RULES AND REGULATIONS AND OTHER AGREEMENTS
Your designated account(s) may also be governed by other agreements between you and us. The terms and conditions of the deposit agreements and disclosures for each of your Credit Union account(s) as well as your other agreements with the Credit Union such as loans continue to apply notwithstanding anything to the contrary in this Agreement.
18. Deposit Account Rules
Any account, loan or other product accessed through Online Banking or Mobile App is also subject to the Account Agreements, loan agreements and Disclosures provided at the time of account opening. Electronic transactions are generally transmitted and posted quickly, however, check processing often takes additional time and your account balances, whether an available balance or account balance or the current loan balance, may not reflect the actual amount credited to your account if the deposit or payment is in the form of a check or for other reasons as detailed in our Account Agreement or in your loan agreement with us. Please contact us for any payoff amounts or information regarding Pending Transactions.
19. EVIDENCE
If we go to court for any reason, we can use any image of any document or person to prove what you owe or that a transaction has taken place and any image, will have the same validity as the original.
20. TERMINATING THIS AGREEMENT
You can terminate this Agreement at any time by notifying us in writing and by discontinuing the use of your Logon ID. We can also terminate this Agreement and revoke access to Online Banking at any time. Whether you terminate the Agreement or we terminate the Agreement, the termination will not affect your obligations under this Agreement, even if we allow any transaction to be completed with your Logon ID after this Agreement has been terminated.
21. CHANGING THIS AGREEMENT
We may change any term of the Agreement at any time. If the change results in increased fees for any services, increased liability for you, fewer types of available electronic fund transfers, or stricter limitations on the frequency or dollar amount of transfers, we agree to give you notice of at least 21 days before the effective date of any such change, unless any immediate change is necessary to maintain the security of an account, or our electronic fund transfer system, or for any security reasons. We will post any required notice of change in terms on your statement, on our web site, personal E-mail, or postal mail at our discretion. If advance notice of the change is not required, and disclosure does not jeopardize the security of the account or our electronic fund transfer system, we will notify you of the change in terms within 30 days after the change becomes effective. Your continued use of any or all of the subject system services indicates your acceptance of the change in terms. We reserve the right to waive, reduce, or reverse charges or fees in individual situations. You acknowledge and agree that the applicable deposit agreements and disclosures govern changes to fees applicable to specific accounts.
22. Amendment
We may amend this Agreement at any time and the changes will be reflected in this document. The Agreement in its then-current form will always be available online and you agree to check the Agreement periodically to make sure you remain comfortable with it. We may require that you accept changes at the time you sign in or we may provide Notice to you at your email or mailing address on file. Amendments will be effective upon the date posted at Online Banking. If you do not want to be bound by any changes, you must not use the Online Banking or Mobile App after their effective date.
23. NOTICES
All notices from us will be effective when we have mailed them or delivered them to the last known address in the Credit Union’s records. Notices from you will generally be effective once we receive them at: 11333 W Greenfield Ave, West Allis WI 53214. Notices under Section 7 will be effective once you have done whatever is reasonably necessary to give us the information we need, such as by telephoning us.
24. COLLECTION EXPENSE
If we ever have to file a lawsuit to collect what you owe us, you will pay our reasonable expenses, including attorney’s fees.
25. GOVERNING LAW AND CONFLICT PROVISION
This Agreement is governed by the Bylaws of the Credit Union, federal laws and regulations, and the laws and regulations of the state of Wisconsin. Your use of Online Banking/Mobile App is governed by these Online Banking/Mobile App Terms and Conditions as well as the Deposit Account Agreement, any loan agreement and related documentation, other applicable documentation governing any matter related to your use of Online Banking/Mobile App, clearinghouse rules, federal law and law of the state Wisconsin, or, if you reside outside of the state of Wisconsin, Wisconsin law applies (without regard to state conflicts of law principles),to the extent that federal and state laws have not been varied by these Online Banking/Mobile App Terms and Conditions and the Account Agreement. In case of a discrepancy between these Online Banking/Mobile App Terms and conditions and the Account Agreement solely relating to your use of Online Banking/Mobile App, these Online Banking/Mobile App Terms and Conditions control and otherwise the Account Agreement controls. Any disputes regarding this Agreement shall be subject to the jurisdiction of the court of the county in which the Credit Union is located.
26. Providing Phone Number
By providing a phone number and/or cellular number, you are expressly consenting to receiving communications at that number from us and our agents. Such communications may include, but are not limited to, text messages, prerecorded or artificial voice message calls, and/or calls made by an automatic telephone dialing system. Note: If you do not want to be called for marketing purposes, ask to be added to our internal do-not-call for marketing list.
27. Links to Third Party Sites
The Online Banking website may contain links to other websites (Linked Sites). Such links are provided solely as a convenience to you. AppleTree Credit Union does not screen, approve, review or otherwise endorse any content or information contained in any Linked Sites. You acknowledge and agree that AppleTree Credit Union, its affiliates and partners are not responsible for the contents of any Linked Sites, including the accuracy or availability of information provided by Linked Sites, and make no representations or warranties regarding the Linked Sites or your use of them.
28. Miscellaneous
You agree not to use your Account or the Online Banking/Mobile App service in any illegal activity. All trademarks, service marks and trade names referenced in this material are the property of their respective owners. You agree that you will use Online Banking/Mobile App for personal use only. Online Banking/Mobile App is not intended for use outside the United States or to support illegal online gambling activities.