ELECTRONIC FUND TRANSFERS
DISCLOSURE AND AGREEMENT
This EFT Disclosure and Agreement
as amended from time to time (“Agreement”) sets
forth the terms and conditions governing the use of the
Tracy Federal Credit Union electronic transfer services.
Disclosure information that applies to all electronic services
offered by Tracy Federal Credit Union is given below, followed
by specific disclosure information for each service. This
Agreement takes the place of all prior agreements and disclosures
governing the use of all electronic services. By retaining,
using, or allowing others to use the electronic services
offered by Tracy Federal Credit Union, you are agreeing
to be bound by the terms and conditions of this Agreement.
In this Agreement, the term “you” and “your(s)” refer
to the member, and the terms “we,” “us” and “our(s)” refer
to Tracy Federal Credit Union.
PERSONAL IDENTIFICATION NUMBER
We will issue you a Personal Identification
Number (PIN). This number should be memorized. After memorizing
it, you should destroy it. Your accounts can only be accessed by
the use of an access device with the PIN. If you forget your PIN,
contact the Credit Union and we will issue you a new one.
RIGHT TO RECEIVE DOCUMENTATION OF TRANSACTIONS
You will get a monthly account statement
reflecting all of your transactions unless there is no activity
in a particular month. In any case you will get the statement at
least quarterly. Depending on the terminal, you will receive, or
you may choose to receive, a receipt at the time you make a transaction
at a terminal. If you do receive a receipt, retain the receipt
to compare with your monthly statement from the Credit Union.
YOUR LIABILITY FOR LOST, STOLEN OR UNAUTHORIZED
TRANSACTIONS
Tell us AT ONCE if you believe your
ATM/POS Card and/or PIN has been lost or stolen. 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 sixty (160)
days of our sending you the statement on which the unauthorized
use appears, you can lose no more than $50.00 if someone
used your ATM/ POS Card or PIN without your permission.
Also, if your statement shows transactions 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, 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 hospital stay) kept
you from telling us, we will extend the time periods.
If you have authorized someone else to use the
ATM/POS Card and/or PIN, you are responsible for all transactions
that person or persons initiates at any time, even if the amount
or transactions exceed what you may have authorized, unless you notify
us that transfers by that person or persons are no longer authorized.
LIABILITY FOR VISA CHECK CARD TRANSACTIONS
If there is unauthorized use on your consumer
VISA Check Card or in an Interlink transaction, and the transactions
take place on the VISA network, then your liability will be zero
($0.00). This provision limiting your liability does not apply
to either VISA commercial cards or ATM cash disbursements. Additionally,
your liability with respect to unauthorized transactions may be
greater than the above limit, to the extent allowed under applicable
law, if the Credit Union reasonably determines, based on substantial
evidence, that you were grossly negligent or fraudulent in the
handling of your account or card.
HOW TO NOTIFY THE CREDIT UNION IN THE EVENT
OF AN UNAUTHORIZED TRANSACTION
If you believe your ATM/POS Card
or PIN has been lost or stolen, or that someone has transferred
or may transfer money from your account without your permission,
call us at (209) 832-6450, or write to us at P.O. Box 1147,
Tracy, California 95378-1147
BUSINESS DAYS
Our business days are Monday through Friday,
excluding holidays.
OUR LIABILITY FOR FAILURE TO MAKE TRANSFERS
If we do not complete a transaction to or
from your share or share draft/checking account on time or in the
correct amount according to our agreement with you, we will be
liable for your losses or damages. However, there are some exceptions.
We will NOT be liable, for instance, if:
a) through no fault of ours, you do not have
enough money in your account to make the transaction;
b) the transaction would go over the credit limit
on your credit line;
c) the terminal where you were making the transaction
did not have enough cash;
d) the ATM or network system was not working
properly and you were aware of the malfunction when you started
the transaction;
e) circumstances beyond our control (such as
fire, flood, power failure, or computer down-time) prevented the
transaction, despite reasonable precautions that we have taken;
f) the money in your account is subject to an
uncollected funds hold, legal process or any other encumbrance
or agreement restricting a transaction;
g) your ATM/POS Card has expired, is damaged
so that the terminal cannot read the encoding strip, is inactive
or because your PIN has been entered incorrectly;
h) your ATM/POS Card or PIN has been reported
lost or stolen and we have blocked the account; or
i) the failure to complete the transaction is
done to protect the integrity of the system or to protect the security
of your account.
There may be other exceptions not specifically
mentioned above.
IN CASE OF ERRORS OR QUESTIONS ABOUT YOUR TRANSACTIONS
Telephone us at (209) 832-6450 or write
us at P.O. Box 1147, Tracy, California 95378-1147 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 the FIRST statement on 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 orally, we may require that you
send us your complaint or question in writing within 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 question. If we decide to
do this, we will credit your account within 10 business days 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 the error you assert is an unauthorized Visa transaction, other
than a cash disbursement at an ATM, we will credit your account within
5 business days unless we determine that the circumstances or your
account history warrant a delay, in which case you will receive credit
within 10 business days. If we ask you to put your complaint or question
in writing and we do not receive it within 10 business days, we may
not credit your account.
If we decide that there was no error, we will send
you a written explanation within three business days after we finish
our investigation. You may ask for copies of the documents that we
used in our investigation.
If you give notice of an error within 30 days after
you make the first deposit to your account, we will have 20 business
days instead of 10 business days.
If you give notice of an error within 30 days after
you make the first deposit to your account, notice of an error involving
a point of sale transaction, or notice of an error involving a transaction
initiated outside the U.S. its possessions and territories, we will
have 90 days instead of 45 days to investigate.
CHARGES
In order to obtain the electronic services
listed, you must open and maintain a share or share draft account.
All charges associated with our electronic fund transactions are
disclosed in our Rate and Fee Schedule which accompanies this Disclosure
and Agreement.
DISCLOSURE OF ACCOUNT INFORMATION TO THIRD
PARTIES
We will disclose information to
third parties about your account or the transfers you make:
a) when it is necessary to complete the transaction;
b) in order to verify the existence and condition
of your account for a third party, such as a credit bureau or merchant;
c) in order to comply with government agency
or court orders or other legal process; or
d) if you give us your prior oral or written
permission.
ADDRESS CHANGE
Keep the Credit Union informed of your current
address to insure correct mailing of monthly statements.
AMENDMENTS
The Credit Union may change the terms and
conditions of this Agreement from time to time by mailing written
notice to your address as it appears on our records. If any change
results in greater cost or liability to you or decreases access
to your Accounts, you will be given at least twenty-one (21) days
prior notice of the change. Prior notice may not be given where
an immediate change in terms or conditions is necessary to maintain
the integrity of the system and/or the security of ATM Cards, POS
Cards or designated accounts.
TERMINATION
You may terminate this Agreement with us
at any time. The Credit Union reserves the right to terminate this
Agreement and/or your use of your ATM/POS Card or PIN with or without
cause. We may do so immediately if:
a) you or any authorized user of your ATM/POS
Card, PIN or account breaches this or any other agreement with
the Credit Union;
b) we have reason to believe that there has been,
or might be, an unauthorized use of your ATM Card, POS Card, PIN
or account; or
c) you or any authorized user of your ATM/POS
Card, PIN or account request that we do so.
COLLECTION COSTS
You agree to pay the Credit Union our reasonable
expenses, including court costs and attorney’s fees, for enforcing
our rights under this Agreement.
ADDITIONAL BENEFITS/CARD ENHANCEMENTS
The Credit Union may from time to time offer
additional services to your Account. Some may be at no additional
cost to you and others may involve a specified fee. You understand
that the Credit Union is not obligated to offer such services and
may withdraw or change them at any time.
WAIVER OF RIGHTS
The Credit Union can delay enforcing any
of the provisions under this Agreement or the law any number of
times without losing its right to enforce them at a later date.
OTHER AGREEMENTS
Except as stated otherwise in the Agreement,
this Agreement does not alter or amend any of the terms or conditions
of any other agreement you may have with the Credit Union.
SEVERABILITY
If any part of this Agreement should be
held to be unenforceable, the remaining provisions of this Agreement
shall remain in full force and effect.
WHO IS BOUND BY THIS AGREEMENT
Each person who signs the Application agrees
to be bound by the terms and conditions of this Agreement. If more
than one person signs the application, all signers are jointly
and severally liable. The Credit Union can waive or delay enforcement
of its rights as to one signer without affecting its ability to
enforce its rights as to the other signers. The Agreement is also
binding upon your heirs, personal representatives and successors.
SIGNATURES
By using your access to the system, or authorizing
anyone else to use your access to the system, and/or by signing
the application, you agree to be bound by the terms and conditions
of this Agreement and Disclosure.
